Text: H.R.1537 — 102nd Congress (1991-1992)All Information (Except Text)

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Calendar No. 683
102d CONGRESS
2d Session
H. R. 1537
[Report No. 102-410]
AN ACT
To revise, codify, and enact without substantive change certain general and
permanent laws, related to transportation, as subtitles II, III, and V-X of
title 49, United States Code, `Transportation', and to make other technical
improvements in the Code.
September 18 (legislative day, SEPTEMBER 8), 1992
Reported with an amendment
HR 1537 RS
Calendar No. 683
102d CONGRESS
2d Session
 H. R. 1537
[Report No. 102-410]
To revise, codify, and enact without substantive change certain general and
permanent laws, related to transportation, as subtitles II, III, and V-X of
title 49, United States Code, `Transportation', and to make other technical
improvements in the Code.
IN THE SENATE OF THE UNITED STATES
November 12, 1991
Received; read twice and referred to the Committee on the Judiciary
September 18 (legislative day, SEPTEMBER 8), 1992
Reported by Mr. BIDEN, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
AN ACT
To revise, codify, and enact without substantive change certain general and
permanent laws, related to transportation, as subtitles II, III, and V-X of
title 49, United States Code, `Transportation', and to make other technical
improvements in the Code.
 Be it enacted by the Senate and House of Representatives of the United
 States of America in Congress assembled,
 [Struck out->] subtitles ii, iii, and v-x of title 49, united states code
 []  SECTION 1. (a) Certain general and permanent laws of the
 United States, related to transportation, are revised, codified, and enacted
 by subsections (c)-(e) of this section without substantive change as subtitles
 II, III, and V-X of title 49, United States Code, `Transportation'. Those
 laws may be cited as `49 U.S.C. ------'. []  (b) Title 49, United States Code, is amended by striking
 the table of subtitles at the beginning of the title and substituting the
 following new table of subtitles: [] Sec. [] `I. [] DEPARTMENT OF TRANSPORTATION []   101 [] `II. [] OTHER GOVERNMENT AGENCIES []  1101 [] `III. [] GENERAL AND INTERMODAL PROGRAMS []  5101 [] `IV. [] INTERSTATE COMMERCE [] 10101 [] `V. [] RAIL PROGRAMS [] 20101 [] `VI. [] MOTOR VEHICLE AND DRIVER PROGRAMS [] 30101 [] `VII. [] AVIATION PROGRAMS [] 40101 [] `VIII. [] PIPELINES [] 60101 [] `IX. [] COMMERCIAL SPACE TRANSPORTATION [] 70101 [] `X. [] MISCELLANEOUS [] 80101'. []  (c) Title 49, United States Code, is amended by striking
 subtitle II, except that chapter 31 (comprising sections 3101-3104)
 of subtitle II is redesignated and restated as chapter 315 (comprising
 sections 31501-31504) of subtitle VI of title 49, as enacted by subsection
 (e) of this section. []  (d) Title 49, United States Code, is amended by adding the
 following immediately after subtitle I: [] SUBTITLE II--OTHER GOVERNMENT AGENCIES [] Sec. [] 11. [] NATIONAL TRANSPORTATION SAFETY BOARD [] 1101 [] CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD [] SUBCHAPTER I--GENERAL [] Sec. [] 1101. Definitions. [] SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE [] 1111. General organization. [] 1112. Special boards of inquiry on air transportation
 safety. [] 1113. Administrative. [] 1114. Disclosure, availability, and use of
 information. [] 1115. Training. [] 1116. Reports and studies. [] 1117. Annual report. [] 1118. Authorization of appropriations. [] SUBCHAPTER III--AUTHORITY [] 1131. General authority. [] 1132. Civil aircraft accident investigations. [] 1133. Review of other agency action. [] 1134. Inspections and autopsies. [] 1135. Secretary of Transportation's responses to safety
 recommendations. [] SUBCHAPTER IV--ENFORCEMENT AND PENALTIES [] 1151. Aviation enforcement. [] 1152. Joinder and intervention in aviation
 proceedings. [] 1153. Judicial review. [] 1154. Discovery and use of cockpit voice and other
 material. [] 1155. Aviation penalties. [] SUBCHAPTER I--GENERAL [] Sec. 1101. Definitions []  Section 40102(a) of this title applies to this
 chapter. [] SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE [] Sec. 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, supervise, and fix the pay of officers and
 employees necessary to carry out this chapter; []  (2) distribute business among the officers, employees,
 and administrative units of the Board; and []  (3) supervise the expenditures of the Board. []  (f) QUORUM- Three members of the Board are a quorum in
 carrying out duties and powers of the Board. []  (g) OFFICES, BUREAUS, AND DIVISIONS- The Board shall
 establish offices necessary to carry out this chapter, including an office to
 investigate and report on the safe transportation of hazardous material. The
 Board shall establish distinct and appropriately staffed bureaus, divisions,
 or offices to investigate and report on accidents involving each of the
 following modes of transportation: []  (1) aviation. []  (2) highway and motor vehicle. []  (3) rail and tracked vehicle. []  (4) pipeline. []  (h) SEAL- The Board shall have a seal that shall be judicially
 recognized. [] Sec. 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. [] Sec. 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 subpena shall be issued under the signature of
 the Chairman or the Chairman's delegate but may be served by any person
 designated by the Chairman. []  (4) If a person disobeys a subpena, order, or inspection
 notice of the Board, the Board may bring a civil action in a district court of
 the United States to enforce the subpena, order, or notice. An action under
 this paragraph may be brought in the judicial district in which the person
 against whom the action is brought resides, is found, or does business. The
 court may punish a failure to obey an order of the court to comply with
 the subpena, order, or notice as a contempt of court. []  (b) ADDITIONAL POWERS- (1) The Board may-- []  (A) procure the temporary or intermittent services of
 experts or consultants under section 3109 of title 5; []  (B) make agreements and other transactions necessary to
 carry out this chapter without regard to section 3709 of the Revised Statutes
 (41 U.S.C. 5); []  (C) use, when appropriate, available services, equipment,
 personnel, and facilities of a department, agency, or instrumentality of
 the United States Government on a reimbursable or other basis; []  (D) confer with employees and use services, records, and
 facilities of State and local governmental authorities; []  (E) appoint advisory committees composed of qualified private
 citizens and officials of the Government and State and local governments
 as appropriate; []  (F) accept voluntary and uncompensated services
 notwithstanding another law; []  (G) accept gifts of money and other property; []  (H) make contracts with nonprofit entities to carry out
 studies related to duties and powers of the Board; and []  (I) require that the departments, agencies, and
 instrumentalities of the Government, State and local governments, and
 governments of foreign countries provide appropriate consideration for the
 reasonable costs of goods and services supplied by the Board. []  (2) The Board shall deposit in the Treasury amounts received
 under paragraph (1)(I) of this subsection to be credited to the appropriation
 of the Board. []  (c) SUBMISSION OF CERTAIN COPIES TO CONGRESS- When the
 Board submits to the President or the Director of the Office of Management
 and Budget a budget estimate, budget request, supplemental budget estimate,
 other budget information, a legislative recommendation, prepared testimony
 for congressional hearings, or comments on legislation, the Board must
 submit a copy to Congress at the same time. An officer, department,
 agency, or instrumentality of the Government may not require the Board
 to submit the estimate, request, information, recommendation, testimony,
 or comments to another officer, department, agency, or instrumentality of
 the Government for approval, comment, or review before being submitted to
 Congress. []  (d) LIAISON COMMITTEES- The Chairman may determine the
 number of committees that are appropriate to maintain effective liaison
 with other departments, agencies, and instrumentalities of the Government,
 State and local governmental authorities, and independent standard-setting
 authorities that carry out programs and activities related to transportation
 safety. The Board may designate representatives to serve on or assist those
 committees. []  (e) INQUIRIES- The Board, or an officer or employee of
 the Board designated by the Chairman, may conduct an inquiry to obtain
 information related to transportation safety after publishing notice of
 the inquiry in the Federal Register. The Board or designated officer or
 employee may require by order a department, agency, or instrumentality
 of the Government, a State or local governmental authority, or a person
 transporting individuals or property in commerce to submit to the Board
 a written report and answers to requests and questions related to a duty
 or power of the Board. The Board may prescribe the time within which the
 report and answers must be given to the Board or to the designated officer
 or employee. Copies of the report and answers shall be made available for
 public inspection. []  (f) REGULATIONS- The Board may prescribe regulations to
 carry out this chapter. [] Sec. 1114. Disclosure, availability, and use of information
 []  (a) GENERAL- Except as provided in subsections (b) and
 (c) of this section, a copy of a record, information, or investigation
 submitted or received by the National Transportation Safety Board, or a
 member or employee of the Board, shall be made available to the public
 on identifiable request and at reasonable cost. This subsection does not
 require the release of information described by section 552(b) of title 5 or
 protected from disclosure by another law of the United States. []  (b) TRADE SECRETS- (1) The Board may disclose information
 related to a trade secret referred to in section 1905 of title 18 only--
 []  (A) to another department, agency, or instrumentality of
 the United States Government when requested for official use; []  (B) to a committee of Congress having jurisdiction over the
 subject matter to which the information is related, when requested by that
 committee; []  (C) in a judicial proceeding under a court order that
 preserves the confidentiality of the information without impairing the
 proceeding; and []  (D) to the public to protect health and safety after
 giving notice to any interested person to whom the information is related
 and an opportunity for that person to comment in writing, or orally in
 closed session, on the proposed disclosure, if the delay resulting from
 notice and opportunity for comment would not be detrimental to health and
 safety. []  (2) Information disclosed under paragraph (1) of this
 subsection may be disclosed only in a way designed to preserve its
 confidentiality. []  (c) COCKPIT VOICE RECORDINGS AND TRANSCRIPTS- (1) The Board
 may not disclose publicly any part of a cockpit voice recorder recording
 or transcript of oral communications by and between flight crew members
 and ground stations related to an accident or incident investigated by the
 Board. However, the Board shall make public any part of a transcript the
 Board decides is relevant to the accident or incident-- []  (A) if the Board holds a public hearing on the accident or
 incident, at the time of the hearing; or []  (B) if the Board does not hold a public hearing, at the
 time a majority of the other factual reports on the accident or incident
 are placed in the public docket. []  (2) This subsection does not prevent the Board from
 referring at any time to cockpit voice recorder information in making safety
 recommendations. []  (d) DRUG TESTS- (1) Notwithstanding section 503(e) of the
 Supplemental Appropriations Act, 1987 (Public Law 100-71, 101 Stat. 471),
 the Secretary of Transportation shall provide the following information to
 the Board when requested in writing by the Board: []  (A) any report of a confirmed positive toxicological test,
 verified as positive by a medical review officer, conducted on an officer
 or employee of the Department of Transportation under post-accident, unsafe
 practice, or reasonable suspicion toxicological testing requirements of the
 Department, when the officer or employee is reasonably associated with the
 circumstances of an accident or incident under the investigative jurisdiction
 of the Board. []  (B) any laboratory record documenting that the test is
 confirmed positive. []  (2) Except as provided by paragraph (3) of this subsection,
 the Board shall maintain the confidentiality of, and exempt from disclosure
 under section 552(b)(3) of title 5-- []  (A) a laboratory record provided the Board under paragraph
 (1) of this subsection that reveals medical use of a drug allowed under
 applicable regulations; and []  (B) medical information provided by the tested officer or
 employee related to the test or a review of the test. []  (3) The Board may use a laboratory record made available
 under paragraph (1) of this subsection to develop an evidentiary record in
 an investigation of an accident or incident if-- []  (A) the fitness of the tested officer or employee is at
 issue in the investigation; and []  (B) the use of that record is necessary to develop the
 evidentiary record. [] Sec. 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. [] Sec. 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. [] Sec. 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; and []  (4) an evaluation conducted every 2 years of transportation
 safety and recommendations for legislative and administrative action and
 change. [] Sec. 1118. Authorization of appropriations []  (a) GENERAL- Not more than the following amounts may be
 appropriated to the National Transportation Safety Board to carry out this
 chapter: []  (1) $38,600,000 for the fiscal year ending September 30,
 1992. []  (2) $38,800,000 for the fiscal year ending September 30,
 1993. []  (b) EMERGENCY FUND- The Board has an emergency fund of
 $1,000,000 available for necessary expenses of the Board, not otherwise
 provided for, for accident investigations. The following amounts may be
 appropriated to the fund: []  (1) $1,000,000 to establish the fund. []  (2) amounts equal to amounts expended annually out of the
 fund. []  (c) AVAILABILITY OF AMOUNTS- Amounts appropriated under
 this section remain available until expended. [] SUBCHAPTER III--AUTHORITY [] Sec. 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; []  (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 or
 substantial property damage; []  (E) a major marine casualty (except a casualty involving
 only public vessels) occurring on the navigable waters or territorial sea
 of the United States, or involving a vessel of the United States, under
 regulations prescribed jointly by the Board and the head of the department
 in which the Coast Guard is operating; and []  (F) any other accident related to the transportation of
 individuals or property when the Board decides-- []  (i) the accident is catastrophic; []  (ii) the accident involves problems of a recurring character;
 or []  (iii) the investigation of the accident would carry out
 this chapter. []  (2) An investigation by the Board under paragraph (1)(A)-(D)
 or (F) of this subsection has priority over any investigation by another
 department, agency, or instrumentality of the United States Government. The
 Board shall provide for appropriate participation by other departments,
 agencies, or instrumentalities in the investigation. However, those
 departments, agencies, or instrumentalities may not participate in the
 decision of the Board about the probable cause of the accident. []  (3) This section and sections 1113, 1116(b), 1133, and 1134(a)
 and (c)-(e) of this title do not affect the authority of another department,
 agency, or instrumentality of the Government to investigate an accident under
 applicable law or to obtain information directly from the parties involved in,
 and witnesses to, the accident. The Board and other departments, agencies,
 and instrumentalities shall ensure that appropriate information developed
 about the accident is exchanged in a timely manner. []  (b) ACCIDENTS INVOLVING PUBLIC VESSELS- (1) The Board or the
 head of the department in which the Coast Guard is operating shall investigate
 and establish the facts, circumstances, and cause or probable cause of a
 marine accident involving a public vessel and any other vessel. The results
 of the investigation shall be made available to the public. []  (2) Paragraph (1) of this subsection and subsection (a)(1)(E)
 of this section do not affect the responsibility, under another law of the
 United States, of the head of the department in which the Coast Guard is
 operating. []  (c) ACCIDENTS NOT INVOLVING GOVERNMENT MISFEASANCE OR
 NONFEASANCE- (1) When asked by the Board, the Secretary of Transportation
 may-- []  (A) investigate an accident described under subsection (a)
 or (b) of this section in which misfeasance or nonfeasance by the Government
 has not been alleged; and []  (B) report the facts and circumstances of the accident to
 the Board. []  (2) The Board shall use the report in establishing cause
 or probable cause of an accident described under subsection (a) or (b)
 of this section. []  (d) ACCIDENT REPORTS- The Board shall report on the facts
 and circumstances of each accident investigated by it under subsection (a)
 or (b) of this section. The Board shall make each report available to the
 public at reasonable cost. [] Sec. 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. [] Sec. 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; and []  (3) a decision of the head of the department in which the
 Coast Guard is operating on an appeal from the decision of an administrative
 law judge denying, revoking, or suspending a license, certificate, document,
 or register in a proceeding under section 6101, 6301, or 7503, chapter 77,
 or section 9303 of title 46. [] Sec. 1134. Inspections and autopsies []  (a) ENTRY AND INSPECTION- An officer or employee designated
 by 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. The Board shall make any of those decisions based on the needs
 of the investigation being conducted and, when applicable, this subsection
 and 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. [] Sec. 1135. Secretary of Transportation's 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) REPORTS TO CONGRESS- The Secretary shall submit to
 Congress on January 1 of each year a report containing each recommendation on
 transportation safety made by the Board to the Secretary during the prior year
 and a copy of the Secretary's response to each recommendation. [] SUBCHAPTER IV--ENFORCEMENT AND PENALTIES [] Sec. 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), 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-- []  (1) to enforce section 1132, 1134(b) or (f)(1), 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), or 1155(a) of this title. [] Sec. 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), 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. [] Sec. 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) 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. [] Sec. 1154. Discovery and use of cockpit voice and other
 material []  (a) TRANSCRIPTS AND RECORDINGS- (1) Except as provided by
 this subsection, a party in a judicial proceeding may not use discovery to
 obtain-- []  (A) any part of a cockpit voice recorder transcript that
 the National Transportation Safety Board has not made available to the
 public under section 1114(c) of this title; and []  (B) a cockpit voice recorder recording. []  (2)(A) Except as provided in paragraph (4)(A) of this
 subsection, a court may allow discovery by a party of a cockpit voice
 recorder transcript if, after an in camera review of the transcript, the
 court decides that-- []  (i) the part of the transcript made available to the public
 under section 1114(c) of this title does not provide the party with sufficient
 information for the party to receive a fair trial; and []  (ii) discovery of additional parts of the transcript is
 necessary to provide the party with sufficient information for the party
 to receive a fair trial. []  (B) A court may allow discovery, or require production
 for an in camera review, of a cockpit voice recorder transcript that the
 Board has not made available under section 1114(c) of this title only if
 the cockpit voice recorder recording is not available. []  (3) Except as provided in paragraph (4)(A) of this subsection,
 a court may allow discovery by a party of a cockpit voice recorder recording
 if, after an in camera review of the recording, the court decides that--
 []  (A) the parts of the transcript made available to the public
 under section 1114(c) of this title and to the party through discovery under
 paragraph (2) of this subsection do not provide the party with sufficient
 information for the party to receive a fair trial; and []  (B) discovery of the cockpit voice recorder recording is
 necessary to provide the party with sufficient information for the party
 to receive a fair trial. []  (4)(A) When a court allows discovery in a judicial proceeding
 of a part of a cockpit voice recorder transcript not made available to
 the public under section 1114(c) of this title or a cockpit voice recorder
 recording, the court shall issue a protective order-- []  (i) to limit the use of the part of the transcript or the
 recording to the judicial proceeding; and []  (ii) to prohibit dissemination of the part of the transcript
 or the recording to any person that does not need access to the part of
 the transcript or the recording for the proceeding. []  (B) A court may allow a part of a cockpit voice recorder
 transcript not made available to the public under section 1114(c) of this
 title or a cockpit voice recorder recording to be admitted into evidence in
 a judicial proceeding, only if the court places the part of the transcript
 or the recording under seal to prevent the use of the part of the transcript
 or the recording for purposes other than for the proceeding. []  (5) This subsection does not prevent the Board from
 referring at any time to cockpit voice recorder information in making safety
 recommendations. []  (b) REPORTS- No part of a report of the Board, related to an
 accident or an investigation of an accident, may be admitted into evidence
 or used in a civil action for damages resulting from a matter mentioned in
 the report. [] Sec. 1155. Aviation penalties []  (a) CIVIL PENALTY- (1) A person violating section 1132 or
 1134(b) or (f)(1) of this title or a regulation prescribed or order issued
 under either of those sections is liable to the United States Government
 for a civil penalty of not more than $1,000. A separate violation occurs
 for each day a violation continues. []  (2) This subsection does not apply to a member of the
 armed forces of the United States or an employee of the Department of
 Defense subject to the Uniform Code of Military Justice when the member or
 employee is performing official duties. The appropriate military authorities
 are responsible for taking necessary disciplinary action and submitting
 to the National Transportation Safety Board a timely report on action
 taken. []  (3) The Board may compromise the amount of a civil penalty
 imposed under this subsection. []  (4) The Government may deduct the amount of a civil penalty
 imposed or compromised under this subsection from amounts it owes the person
 liable for the penalty. []  (5) A civil penalty under this subsection may be collected
 by bringing a civil action against the person liable for the penalty. The
 action shall conform as nearly as practicable to a civil action in
 admiralty. []  (b) CRIMINAL PENALTY- A person that knowingly and without
 authority removes, conceals, or withholds a part of a civil aircraft involved
 in an accident, or property on the aircraft at the time of the accident,
 shall be fined under title 18, imprisoned for not more than 10 years,
 or both. [] SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS [] Sec. [] 51. [] TRANSPORTATION OF HAZARDOUS MATERIAL [] 5101 [] 53. [] URBAN MASS TRANSPORTATION [] 5301 [] 55. [] INTERMODAL TRANSPORTATION TERMINALS [] 5501 [] 57. [] SANITARY FOOD TRANSPORTATION [] 5701 [] CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL [] Sec. [] 5101. Purpose. [] 5102. Definitions. [] 5103. General regulatory authority. [] 5104. Representation and tampering. [] 5105. Transporting certain highly radioactive
 material. [] 5106. Handling criteria. [] 5107. Hazmat employee training requirements and
 grants. [] 5108. Registration. [] 5109. Motor carrier safety permits. [] 5110. Shipping papers and disclosure. [] 5111. Rail tank cars. [] 5112. Highway routing of hazardous material. [] 5113. Unsatisfactory safety rating. [] 5114. Air transportation of ionizing radiation
 material. [] 5115. Training curriculum for the public sector. [] 5116. Planning and training grants, monitoring, and
 review. [] 5117. Exemptions and exclusions. [] 5118. Inspectors. [] 5119. Uniform forms and procedures. [] 5120. International uniformity of standards and
 requirements. [] 5121. Administrative. [] 5122. Enforcement. [] 5123. Civil penalty. [] 5124. Criminal penalty. [] 5125. Preemption. [] 5126. Relationship to other laws. [] 5127. Authorization of appropriations. [] Sec. 5101. Purpose []  The purpose of this chapter is to provide adequate protection
 against the risks to life and property inherent in the transportation of
 hazardous material in commerce by improving the regulatory and enforcement
 authority of the Secretary of Transportation. [] Sec. 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; or []  (B) that affects trade or transportation between a place
 in a State and a place outside of the State. []  (2) `hazardous material' means a substance or material
 the Secretary of Transportation designates under section 5103(a) of this
 title. []  (3) `hazmat employee'-- []  (A) means an individual-- []  (i) employed by a hazmat employer; and []  (ii) who during the course of employment directly affects
 hazardous material transportation safety as the Secretary decides by
 regulation; []  (B) includes an owner-operator of a motor vehicle transporting
 hazardous material in commerce; and []  (C) includes an individual, employed by a hazmat employer,
 who during the course of employment-- []  (i) loads, unloads, or handles hazardous material;
 []  (ii) reconditions or tests containers, drums, and packages
 represented for use in transporting hazardous material; []  (iii) prepares hazardous material for transportation;
 []  (iv) is responsible for the safety of transporting hazardous
 material; or []  (v) operates a vehicle used to transport hazardous
 material. []  (4) `hazmat employer'-- []  (A) means a person using at least one employee of that
 person in connection with-- []  (i) transporting hazardous material in commerce; []  (ii) causing hazardous material to be transported in commerce;
 or []  (iii) reconditioning or testing containers, drums,
 and packages represented for use in transporting hazardous material;
 []  (B) includes an owner-operator of a motor vehicle transporting
 hazardous material in commerce; and []  (C) includes a department, agency, or instrumentality of the
 United States Government, or an authority of a State, political subdivision
 of a State, or Indian tribe, carrying out an activity described in subclause
 (A)(i), (ii), or (iii) of this clause (4). []  (5) `imminent hazard' means the existence of a condition
 that presents a substantial likelihood that death, serious illness, severe
 personal injury, or a substantial endangerment to health, property, or the
 environment may occur before the reasonably foreseeable completion date
 of a formal proceeding begun to lessen the risk of that death, illness,
 injury, or endangerment. []  (6) `Indian tribe' has the same meaning given that term
 in section 4 of the Indian Self-Determination and Education Assistance Act
 (25 U.S.C. 450b). []  (7) `motor carrier' means a motor common carrier, motor
 contract carrier, motor private carrier, and freight forwarder as those
 terms are defined in section 10102 of this title. []  (8) `national response team' means the national response
 team established under the national contingency plan established under
 section 105 of the Comprehensive Environmental Response, Compensation,
 and Liability Act of 1980 (42 U.S.C. 9605). []  (9) `person', in addition to its meaning under section 1
 of title 1-- []  (A) includes a government, Indian tribe, or authority of a
 government or tribe offering hazardous material for transportation in commerce
 or transporting hazardous material to further a commercial enterprise; but
 []  (B) does not include-- []  (i) the United States Postal Service; and []  (ii) in sections 5123 and 5124 of this title, a department,
 agency, or instrumentality of the Government. []  (10) `public sector employee'-- []  (A) means an individual employed by a State, political
 subdivision of a State, or Indian tribe and who during the course of
 employment has responsibilities related to responding to an accident or
 incident involving the transportation of hazardous material; []  (B) includes an individual employed by a State, political
 subdivision of a State, or Indian tribe as a firefighter or law enforcement
 officer; and []  (C) includes an individual who volunteers to serve as
 a firefighter for a State, political subdivision of a State, or Indian
 tribe. []  (11) `State' means-- []  (A) except in section 5119 of this title, a State of
 the United States, the District of Columbia, Puerto Rico, the Northern
 Mariana Islands, the Virgin Islands, American Samoa, Guam, and any other
 territory or possession of the United States designated by the Secretary;
 and []  (B) in section 5119 of this title, a State of the United
 States and the District of Columbia. []  (12) `transports' or `transportation' means the movement
 of property and loading, unloading, or storage incidental to the
 movement. []  (13) `United States' means all of the States. [] Sec. 5103. General regulatory authority []  (a) DESIGNATING MATERIAL AS HAZARDOUS- The Secretary of
 Transportation shall designate material (including an explosive, radioactive
 material, etiologic agent, flammable or combustible liquid or solid, poison,
 oxidizing or corrosive material, and compressed gas) or a group or class
 of material as hazardous when the Secretary decides that transporting the
 material in commerce in a particular amount and form may pose an unreasonable
 risk to health and safety or property. []  (b) REGULATIONS FOR SAFE TRANSPORTATION- (1) The Secretary
 shall prescribe regulations for the safe transportation of hazardous
 material in intrastate, interstate, and foreign commerce. The regulations--
 []  (A) apply to a person-- []  (i) transporting hazardous material in commerce; []  (ii) causing hazardous material to be transported in commerce;
 or []  (iii) manufacturing, fabricating, marking, maintaining,
 reconditioning, repairing, or testing a package or container that is
 represented, marked, certified, or sold by that person as qualified for
 use in transporting hazardous material in commerce; and []  (B) shall govern safety aspects of the transportation of
 hazardous material the Secretary considers appropriate. []  (2) A proceeding to prescribe the regulations must include
 an opportunity for informal oral presentations. [] Sec. 5104. Representation and tampering []  (a) REPRESENTATION- A person may represent, by marking or
 otherwise, that-- []  (1) a container or package for transporting hazardous
 material is safe, certified, or complies with this chapter only if the
 container or package meets the requirements of each regulation prescribed
 under this chapter; or []  (2) hazardous material is present in a package, container,
 motor vehicle, rail freight car, aircraft, or vessel only if the material
 is present. []  (b) TAMPERING- A person may not alter, remove, destroy,
 or otherwise tamper unlawfully with-- []  (1) a marking, label, placard, or description on a document
 required under this chapter or a regulation prescribed under this chapter;
 or []  (2) a package, container, motor vehicle, rail freight car,
 aircraft, or vessel used to transport hazardous material. [] Sec. 5105. Transporting certain highly radioactive material
 []  (a) DEFINITION- In this section, `high-level radioactive
 waste' and `spent nuclear fuel' have the same meanings given those terms in
 section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). []  (b) TRANSPORTATION SAFETY STUDY- In consultation with
 the Secretary of Energy, the Nuclear Regulatory Commission, potentially
 affected States and Indian tribes, representatives of the rail transportation
 industry, and shippers of high-level radioactive waste and spent nuclear
 fuel, the Secretary of Transportation shall conduct a study comparing the
 safety of using trains operated only to transport high-level radioactive
 waste and spent nuclear fuel with the safety of using other methods of
 rail transportation for transporting that waste and fuel. The Secretary of
 Transportation shall submit to Congress not later than November 16, 1991,
 a report on the results of the study. []  (c) SAFE RAIL TRANSPORTATION REGULATIONS- Not later than
 November 16, 1992, after considering the results of the study conducted
 under subsection (b) of this section, the Secretary of Transportation
 shall prescribe amendments to existing regulations that the Secretary
 considers appropriate to provide for the safe rail transportation of
 high-level radioactive waste and spent nuclear fuel, including trains
 operated only for transporting high-level radioactive waste and spent
 nuclear fuel. []  (d) ROUTES AND MODES STUDY- Not later than November 16,
 1991, the Secretary of Transportation shall conduct a study to decide
 which factors, if any, shippers and carriers should consider when selecting
 routes and modes that would enhance overall public safety related to the
 transportation of high-level radioactive waste and spent nuclear fuel. The
 study shall include-- []  (1) notice and opportunity for public comment; and
 []  (2) an assessment of the degree to which at least
 the following affect the overall public safety of the transportation:
 []  (A) population densities. []  (B) types and conditions of modal infrastructures (including
 highways, railbeds, and waterways). []  (C) quantities of high-level radioactive waste and spent
 nuclear fuel. []  (D) emergency response capabilities. []  (E) exposure and other risk factors. []  (F) terrain considerations. []  (G) continuity of routes. []  (H) available alternative routes. []  (I) environmental impact factors. []  (e) INSPECTIONS OF MOTOR VEHICLES TRANSPORTING CERTAIN
 MATERIAL- (1) Not later than November 16, 1991, the Secretary of
 Transportation shall require by regulation that before each use of a motor
 vehicle to transport a highway-route-controlled quantity of radioactive
 material in commerce, the vehicle shall be inspected and certified as
 complying with this chapter and applicable United States motor carrier
 safety laws and regulations. The Secretary may require that the inspection be
 carried out by an authorized United States Government inspector or according
 to appropriate State procedures. []  (2) The Secretary of Transportation may allow a person,
 transporting or causing to be transported a highway-route-controlled
 quantity of radioactive material, to inspect the motor vehicle used to
 transport the material and to certify that the vehicle complies with this
 chapter. The inspector qualification requirements the Secretary prescribes
 for an individual inspecting a motor vehicle apply to an individual conducting
 an inspection under this paragraph. [] Sec. 5106. Handling criteria []  The Secretary of Transportation may prescribe criteria for
 handling hazardous material, including-- []  (1) a minimum number of personnel; []  (2) minimum levels of training and qualifications for
 personnel; []  (3) the kind and frequency of inspections; []  (4) equipment for detecting, warning of, and controlling
 risks posed by the hazardous material; []  (5) specifications for the use of equipment and facilities
 used in handling and transporting the hazardous material; and []  (6) a system of monitoring safety procedures for transporting
 the hazardous material. [] Sec. 5107. Hazmat employee training requirements and grants
 []  (a) TRAINING REQUIREMENTS- Not later than May 16, 1992, the
 Secretary of Transportation shall prescribe by regulation requirements for
 training that a hazmat employer must give hazmat employees of the employer on
 the safe loading, unloading, handling, storing, and transporting of hazardous
 material and emergency preparedness for responding to an accident or incident
 involving the transportation of hazardous material. The regulations--
 []  (1) shall establish the date, as provided by subsection (b)
 of this section, by which the training shall be completed; and []  (2) may provide for different training for different classes
 or categories of hazardous material and hazmat employees. []  (b) BEGINNING AND COMPLETING TRAINING- A hazmat employer
 shall begin the training of hazmat employees of the employer not later than
 6 months after the Secretary of Transportation prescribes the regulations
 under subsection (a) of this section. The training shall be completed within
 a reasonable period of time after-- []  (1) 6 months after the regulations are prescribed; or
 []  (2) the date on which an individual is to begin carrying
 out a duty or power of a hazmat employee if the individual is employed as
 a hazmat employee after the 6-month period. []  (c) CERTIFICATION OF TRAINING- After completing the training,
 each hazmat employer shall certify, with documentation the Secretary of
 Transportation may require by regulation, that the hazmat employees of
 the employer have received training and have been tested on appropriate
 transportation areas of responsibility, including at least one of the
 following: []  (1) recognizing and understanding the Department of
 Transportation hazardous material classification system. []  (2) the use and limitations of the Department hazardous
 material placarding, labeling, and marking systems. []  (3) general handling procedures, loading and unloading
 techniques, and strategies to reduce the probability of release or damage
 during or incidental to transporting hazardous material. []  (4) health, safety, and risk factors associated with hazardous
 material and the transportation of hazardous material. []  (5) appropriate emergency response and communication
 procedures for dealing with an accident or incident involving hazardous
 material transportation. []  (6) the use of the Department Emergency Response Guidebook
 and recognition of its limitations or the use of equivalent documents and
 recognition of the limitations of those documents. []  (7) applicable hazardous material transportation
 regulations. []  (8) personal protection techniques. []  (9) preparing a shipping document for transporting hazardous
 material. []  (d) COORDINATION OF TRAINING REQUIREMENTS- In consultation
 with the Administrator of the Environmental Protection Agency and the
 Secretary of Labor, the Secretary of Transportation shall ensure that the
 training requirements prescribed under this section do not conflict with--
 []  (1) the requirements of regulations the Secretary of Labor
 prescribes related to hazardous waste operations and emergency response
 that are contained in part 1910 of title 29, Code of Federal Regulations;
 and []  (2) the regulations the Agency prescribes related to worker
 protection standards for hazardous waste operations that are contained in
 part 311 of title 40, Code of Federal Regulations. []  (e) TRAINING GRANTS- In consultation with the Secretaries of
 Transportation and Labor and the Administrator, the Director of the National
 Institute of Environmental Health Sciences may make grants to train hazmat
 employees under this section. A grant under this subsection shall be made
 to a nonprofit organization that demonstrates-- []  (1) expertise in conducting a training program for hazmat
 employees; and []  (2) the ability to reach and involve in a training program
 a target population of hazmat employees. []  (f) RELATIONSHIP TO OTHER LAWS- (1) Chapter 35 of title
 44 does not apply to an activity of the Secretary of Transportation under
 subsections (a)-(d) of this section. []  (2) An action of the Secretary of Transportation under
 subsections (a)-(d) of this section and sections 5106, 5108(a)-(g)(1)
 and (h), and 5109 of this title is not an exercise, under section 4(b)(1)
 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)),
 of statutory authority to prescribe or enforce standards or regulations
 affecting occupational safety or health. [] Sec. 5108. Registration []  (a) PERSONS REQUIRED TO FILE- (1) A person shall file a
 registration statement with the Secretary of Transportation under this
 subsection if the person is transporting or causing to be transported in
 commerce any of the following: []  (A) a highway-route-controlled quantity of radioactive
 material. []  (B) more than 25 kilograms of a class A or B explosive in
 a motor vehicle, rail car, or transport container. []  (C) more than one liter in each package of a hazardous
 material the Secretary designates as extremely toxic by inhalation. []  (D) hazardous material in a bulk package, container, or
 tank, as defined by the Secretary, if the package, container, or tank has a
 capacity of at least 3,500 gallons or more than 468 cubic feet. []  (E) a shipment of at least 5,000 pounds of a class
 of hazardous material for which placarding of a vehicle, rail car, or
 freight container is required under regulations prescribed under this
 chapter. []  (2) The Secretary of Transportation may require any of the
 following persons to file a registration statement with the Secretary under
 this subsection: []  (A) a person transporting or causing to be transported
 hazardous material in commerce and not required to file a registration
 statement under paragraph (1) of this subsection. []  (B) a person manufacturing, fabricating, marking, maintaining,
 reconditioning, repairing, or testing a package or container the person
 represents, marks, certifies, or sells for use in transporting in commerce
 hazardous material the Secretary designates. []  (3) A person required to file a registration statement under
 this subsection may transport or cause to be transported, or manufacture,
 fabricate, mark, maintain, recondition, repair, or test a package or
 container for use in transporting, hazardous material, only if the person
 has a statement on file as required by this subsection. []  (b) FORM, CONTENTS, AND LIMITATION ON FILINGS- (1) A
 registration statement under subsection (a) of this section shall be in
 the form and contain information the Secretary of Transportation requires
 by regulation. The Secretary may use existing forms of the Department of
 Transportation and the Environmental Protection Agency to carry out this
 subsection. The statement shall include-- []  (A) the name and principal place of business of the
 registrant; []  (B) a description of each activity the registrant carries
 out for which filing a statement under subsection (a) of this section is
 required; and []  (C) each State in which the person carries out the
 activity. []  (2) A person carrying out more than one activity for which
 filing is required only has to file one registration statement to comply
 with subsection (a) of this section. []  (c) FILING DEADLINES AND AMENDMENTS- (1) Each person
 required to file a registration statement under this subsection (a) of
 section must file the first statement not later than March 31, 1992. The
 Secretary of Transportation may extend that date to September 30, 1992,
 for activities referred to in subsection (a)(1) of this section. A person
 shall renew the statement periodically consistent with regulations the
 Secretary prescribes, but not more than once each year and not less than
 once every 5 years. []  (2) The Secretary of Transportation shall decide by regulation
 when and under what circumstances a registration statement must be amended
 and the procedures to follow in amending the statement. []  (d) SIMPLIFYING THE REGISTRATION PROCESS- The Secretary
 of Transportation may take necessary action to simplify the registration
 process under subsections (a)-(c) of this section and to minimize the number
 of applications, documents, and other information a person is required to
 file under this chapter and other laws of the United States. []  (e) COOPERATION WITH ADMINISTRATOR- The Administrator of the
 Environmental Protection Agency shall assist the Secretary of Transportation
 in carrying out subsections (a)-(g)(1) and (h) of this section by providing
 the Secretary with information the Secretary requests to carry out the
 objectives of subsections (a)-(g)(1) and (h). []  (f) AVAILABILITY OF STATEMENTS- The Secretary of
 Transportation shall make a registration statement filed under subsection
 (a) of this section available for inspection by any person for a fee the
 Secretary establishes. However, this subsection does not require the release
 of information described in section 552(f) of title 5 or otherwise protected
 by law from disclosure to the public. []  (g) FEES- (1) The Secretary of Transportation may establish,
 impose, and collect from a person required to file a registration statement
 under subsection (a) of this section a fee necessary to pay for the costs
 of the Secretary in processing the statement. []  (2)(A) In addition to a fee established under paragraph
 (1) of this subsection, not later than September 30, 1992, the Secretary
 of Transportation shall establish and impose by regulation and collect an
 annual fee. Subject to subparagraph (B) of this paragraph, the fee shall
 be at least $250 but not more than $5,000 from each person required to file
 a registration statement under this section. The Secretary shall determine
 the amount of the fee under this paragraph on at least one of the following:
 []  (i) gross revenue from transporting hazardous
 material. []  (ii) the type of hazardous material transported or caused
 to be transported. []  (iii) the amount of hazardous material transported or caused
 to be transported. []  (iv) the number of shipments of hazardous material. []  (v) the number of activities that the person carries
 out for which filing a registration statement is required under this
 section. []  (vi) the threat to property, individuals, and the environment
 from an accident or incident involving the hazardous material transported
 or caused to be transported. []  (vii) the percentage of gross revenue derived from
 transporting hazardous material. []  (viii) the amount to be made available to carry out sections
 5107(e), 5108(g)(2), 5115, and 5116 of this title. []  (ix) other factors the Secretary considers
 appropriate. []  (B) The Secretary of Transportation shall adjust the amount
 being collected under this paragraph to reflect any unexpended balance
 in the account established under section 5116(i) of this title. However,
 the Secretary is not required to refund any fee collected under this
 paragraph. []  (C) The Secretary of Transportation shall transfer to the
 Secretary of the Treasury amounts the Secretary of Transportation collects
 under this paragraph for deposit in the account the Secretary of the Treasury
 establishes under section 5116(i) of this title. []  (h) MAINTAINING PROOF OF FILING AND PAYMENT OF FEES- The
 Secretary of Transportation may prescribe regulations requiring a person
 required to file a  registration statement under subsection (a) of this
 section to maintain proof of the filing and payment of fees imposed under
 subsection (g) of this section. []  (i) RELATIONSHIP TO OTHER LAWS- (1) Chapter 35 of title
 44 does not apply to an activity of the Secretary of Transportation under
 subsections (a)-(g)(1) and (h) of this section. []  (2)(A) This section does not apply to an employee of a
 hazmat employer. []  (B) Subsections (a)-(h) of this section do not apply to
 a department, agency, or instrumentality of the United States Government,
 an authority of a State or political subdivision of a State, or an employee
 of a department, agency, instrumentality, or authority carrying out official
 duties. []  (j) AUTHORIZATION TO REQUIRE REGISTRATION- (1) The
 Secretary of Transportation may require a person transporting or causing
 to be transported hazardous material in commerce, or that manufactures,
 fabricates, marks, maintains, reconditions, repairs, or tests a package or
 container that is represented, marked, certified, or sold by that person for
 use in transporting hazardous material in commerce, to file a registration
 statement with the Secretary  not more than once every 2 years. The statement
 shall include-- []  (A) the name and principal place of business of the person;
 []  (B) the location of each place at which hazardous material
 is handled; []  (C) a list of the hazardous material handled; and []  (D) a declaration that the person is complying with criteria
 prescribed under section 5106 of this title. []  (2) A person required to file a registration statement under
 this subsection may transport or cause to be transported hazardous material,
 and may manufacture, fabricate, mark, maintain, recondition, repair, or
 test a package or container for use in transporting hazardous material,
 only if the person has filed the statement. []  (3) Any individual may inspect a registration statement filed
 under this subsection without charge. This paragraph does not require the
 release of information protected by law from public disclosure. [] Sec. 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 of Transportation issues under
 this section authorizing the transportation and keeps a copy of the permit,
 or other proof of its existence, in the vehicle. The Secretary shall issue
 a permit if the Secretary finds the carrier is fit, willing, and able--
 []  (1) to provide the transportation to be authorized by the
 permit; []  (2) to comply with this chapter and regulations the Secretary
 prescribes to carry out this chapter; and []  (3) to comply with applicable United States motor carrier
 safety laws and regulations and applicable minimum financial responsibility
 laws and regulations. []  (b) APPLICABLE TRANSPORTATION- The Secretary shall prescribe
 by regulation the hazardous material and amounts of hazardous material to
 which this section applies. However, this section shall apply at least to
 all transportation by a motor carrier 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 REQUIREMENT- 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. [] Sec. 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 of Transportation apply shall provide to
 the carrier providing the transportation a shipping paper that makes
 the disclosures the Secretary prescribes under subsection (b) of this
 section. []  (b) CONSIDERATIONS AND REQUIREMENTS- In carrying out
 subsection (a) of this section, the Secretary shall consider and may require--
 []  (1) a description of the hazardous material, including the
 proper shipping name; []  (2) the hazard class of the hazardous material; []  (3) the identification number (UN/NA) of the hazardous
 material; []  (4) immediate first action emergency response information or
 a way for appropriate reference to the information (that must be available
 immediately); and []  (5) a telephone number for obtaining more specific handling
 and mitigation information about the hazardous material at any time during
 which the material is transported. []  (c) KEEPING SHIPPING PAPERS ON THE VEHICLE- (1) A motor
 carrier, and the person offering the hazardous material for transportation
 if a private motor carrier, shall keep the shipping paper on the vehicle
 transporting the material. []  (2) Except as provided in paragraph (1) of this subsection,
 the shipping paper shall be kept in a location the Secretary specifies in
 a motor vehicle, train, vessel, aircraft, or facility until-- []  (A) the hazardous material no longer is in transportation;
 or []  (B) the documents are made available to a representative of
 a department, agency, or instrumentality of the United States Government or
 a State or local authority responding to an accident or incident involving
 the motor vehicle, train, vessel, aircraft, or facility. []  (d) DISCLOSURE TO EMERGENCY RESPONSE AUTHORITIES- When an
 incident involving hazardous material being transported in commerce occurs,
 the person transporting the material, immediately on request of appropriate
 emergency response authorities, shall disclose to the authorities information
 about the material. [] Sec. 5111. Rail tank cars []  After July 1, 1991, a rail tank car built before January 1,
 1971, may be used to transport hazardous material in commerce only if the
 air brake equipment support attachments of the car comply with the standards
 for attachments contained in parts 179.100-16 and 179.200-19 of title 49,
 Code of Federal Regulations, in effect on November 16, 1990. [] Sec. 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 of Transportation by regulation may
 extend application of this section or a standard prescribed under subsection
 (b) of this section to-- []  (A) any use of a vehicle under this paragraph to transport
 any hazardous material in commerce; and []  (B) any motor vehicle used to transport hazardous material
 in commerce. []  (2) Except as provided by subsection (d) of this section and
 section 5125(c) of this title, each State and Indian tribe may establish,
 maintain, and enforce-- []  (A) designations of specific highway routes over which
 hazardous material may and may not be transported by motor vehicle; and
 []  (B) limitations and requirements related to highway
 routing. []  (b) STANDARDS FOR STATES AND INDIAN TRIBES- (1) Not later
 than May 16, 1992, 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) RESOLVING DISPUTES- (1) Not later than May 16, 1992,
 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,
 an 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 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 31112 of
 this title or section 127 of title 23. []  (f) EXISTING 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
 the Secretary prescribed before November 16, 1990, and that are in effect
 on November 16, 1990. [] Sec. 5113. Unsatisfactory safety rating []  (a) PROHIBITED TRANSPORTATION- A motor carrier receiving
 an unsatisfactory safety rating from the Secretary of Transportation has 45
 days to improve the rating to conditional or satisfactory. Beginning on the
 46th day and until the motor carrier receives a conditional or satisfactory
 rating, a motor carrier not having received a conditional or satisfactory
 rating during the 45-day period may not operate a commercial motor vehicle
 (as defined in section 31132 of this title)-- []  (1) to transport hazardous material for which placarding of
 a motor vehicle is required under regulations prescribed under this chapter;
 or []  (2) to transport more than 15 individuals. []  (b) RATING REVIEW- The Secretary shall review the factors
 that resulted in a motor carrier receiving an unsatisfactory rating not
 later than 30 days after the motor carrier requests a review. []  (c) PROHIBITED GOVERNMENT USE- A department, agency, or
 instrumentality of the United States Government may not use a motor carrier
 that has an unsatisfactory rating from the Secretary-- []  (1) to transport hazardous material for which placarding of
 a motor vehicle is required under regulations prescribed under this chapter;
 or []  (2) to transport more than 15 individuals. []  (d) PUBLIC AVAILABILITY AND UPDATING OF RATINGS- Not later
 than November 3, 1991, the Secretary, in consultation with the Interstate
 Commerce Commission, shall prescribe regulations amending the motor carrier
 safety regulations in subchapter B of chapter III of title 49, Code of
 Federal Regulations, to establish a system to make readily available to the
 public, and update periodically, the safety ratings of motor carriers that
 have unsatisfactory ratings from the Secretary. [] Sec. 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 of Transportation shall
 prescribe procedures for monitoring and enforcing regulations prescribed
 under this section. []  (c) NONAPPLICATION- This section does not apply to material
 the Secretary decides does not pose a significant hazard to health or safety
 when transported because of its low order of radioactivity. [] Sec. 5115. Training curriculum for the public sector
 []  (a) DEVELOPMENT AND UPDATING- Not later than November 16,
 1992, in coordination with the Director of the Federal Emergency Management
 Agency, Chairman of the Nuclear Regulatory Commission, Administrator
 of the Environmental Protection Agency, Secretaries of Labor, Energy,
 and Health and Human Services, and Director of the National Institute
 of Environmental Health Sciences, and using the existing coordinating
 mechanisms of the national response team and, for radioactive material, the
 Federal Radiological Preparedness Coordinating Committee, the Secretary of
 Transportation shall develop and update periodically a curriculum consisting
 of a list of courses necessary to train public sector emergency response
 and preparedness teams. Only in developing the curriculum, the Secretary
 of Transportation shall consult with regional response teams established
 under the national contingency plan established under section 105 of the
 Comprehensive Environmental Response, Compensation, and Liability Act of
 1980 (42 U.S.C. 9605), representatives of commissions established under
 section 301 of the Emergency Planning and Community Right-To-Know Act of
 1986 (42 U.S.C. 11001), persons (including governmental entities) that
 provide training for responding to accidents and incidents involving the
 transportation of hazardous material, and representatives of persons that
 respond to those accidents and incidents. []  (b) REQUIREMENTS- The curriculum developed under subsection
 (a) of this section-- []  (1) shall include-- []  (A) a recommended course of study to train public sector
 employees to respond to an accident or incident involving the transportation
 of hazardous material and to plan for those responses; []  (B) recommended basic courses and minimum number of hours
 of instruction necessary for public sector employees to be able to respond
 safely and efficiently to an accident or incident involving the transportation
 of hazardous material and to plan those responses; and []  (C) appropriate emergency response training and planning
 programs for public sector employees developed under other United States
 Government grant programs, including those developed with grants made under
 section 126 of the Superfund Amendments and Reauthorization Act of 1986
 (42 U.S.C. 9660a); and []  (2) may include recommendations on material appropriate
 for use in a recommended basic course described in clause (1)(B) of this
 subsection. []  (c) TRAINING ON COMPLYING WITH LEGAL REQUIREMENTS- A
 recommended basic course described in subsection (b)(1)(B) of this section
 shall provide the training necessary for public sector employees to comply
 with-- []  (1) regulations related to hazardous waste operations and
 emergency response contained in part 1910 of title 29, Code of Federal
 Regulations, prescribed by the Secretary of Labor; []  (2) regulations related to worker protection standards
 for hazardous waste operations contained in part 311 of title 40, Code of
 Federal Regulations, prescribed by the Administrator; and []  (3) standards related to emergency response training
 prescribed by the National Fire Protection Association. []  (d) DISTRIBUTION AND PUBLICATION- With the national response
 team-- []  (1) the Director of the Federal Emergency Management Agency
 shall distribute the curriculum and any updates to the curriculum to the
 regional response teams and all committees and commissions established under
 section 301 of the Emergency Planning and Community Right-To-Know Act of 1986
 (42 U.S.C. 11001); and []  (2) the Secretary of Transportation may publish a list
 of programs that uses a course developed under this section for training
 public sector employees to respond to an accident or incident involving
 the transportation of hazardous material. [] Sec. 5116. Planning and training grants, monitoring, and
 review []  (a) PLANNING GRANTS- (1) The Secretary of Transportation
 shall make grants to States-- []  (A) to develop, improve, and carry out emergency plans
 under the Emergency Planning and Community Right-To-Know Act of 1986 (42
 U.S.C. 11001 et seq.), including ascertaining flow patterns of hazardous
 material in a State and between States; and []  (B) to decide on the need for a regional hazardous material
 emergency response team. []  (2) The Secretary of Transportation may make a grant to a
 State under paragraph (1) of this subsection in a fiscal year only if the
 State-- []  (A) certifies that the total amount the State expends
 (except amounts of the United States Government) to develop, improve, and
 carry out emergency plans under the Act will at least equal the average
 level of expenditure for the last 2 fiscal years; and []  (B) agrees to make available at least 75 percent of the
 amount of the grant under paragraph (1) of this subsection in the fiscal
 year to local emergency planning committees established under section
 301(c) of the Act (42 U.S.C. 11001(c)) to develop emergency plans under
 the Act. []  (b) TRAINING GRANTS- (1) The Secretary of Transportation
 shall make grants to States and Indian tribes to train public sector
 employees to respond to accidents and incidents involving hazardous
 material. []  (2) The Secretary of Transportation may make a grant under
 paragraph (1) of this subsection in a fiscal year-- []  (A) to a State or Indian tribe only if the State or tribe
 certifies that the total amount the State or tribe expends (except amounts of
 the Government) to train public sector employees to respond to an accident
 or incident involving hazardous material will at least equal the average
 level of expenditure for the last 2 fiscal years; []  (B) to a State or Indian tribe only if the State or tribe
 makes an agreement with the Secretary that the State or tribe will use in
 that fiscal year, for training public sector employees to respond to an
 accident or incident involving hazardous material-- []  (i) a course developed or identified under section 5115 of
 this title; or []  (ii) another course the Secretary decides is consistent
 with the objectives of this section; and []  (C) to a State only if the State agrees to make available
 at least 75 percent of the amount of the grant under paragraph (1) of
 this subsection in the fiscal year for training public sector employees a
 political subdivision of the State employs or uses. []  (3) A grant under this subsection may be used-- []  (A) to pay-- []  (i) the tuition costs of public sector employees being
 trained; []  (ii) travel expenses of those employees to and from the
 training facility; []  (iii) room and board of those employees when at the training
 facility; and []  (iv) travel expenses of individuals providing the training;
 []  (B) by the State, political subdivision, or Indian tribe
 to provide the training; and []  (C) to make an agreement the Secretary of Transportation
 approves authorizing a person (including an authority of a State or
 political subdivision of a State or Indian tribe) to provide the training--
 []  (i) if the agreement allows the Secretary and the State
 or tribe to conduct random examinations, inspections, and audits of the
 training without prior notice; and []  (ii) if the State or tribe conducts at least one on-site
 observation of the training each year. []  (4) The Secretary of Transportation shall allocate amounts
 made available for grants under this subsection for a fiscal year among
 eligible States and Indian tribes based on the needs of the States and
 tribes for emergency response training. In making a decision about those
 needs, the Secretary shall consider-- []  (A) the number of hazardous material facilities in the
 State or on land under the jurisdiction of the tribe; []  (B) the types and amounts of hazardous material transported
 in the State or on that land; []  (C) whether the State or tribe imposes and collects a fee
 on transporting hazardous material; []  (D) whether the fee is used only to carry out a purpose
 related to transporting hazardous material; and []  (E) other factors the Secretary decides are appropriate to
 carry out this subsection. []  (c) COMPLIANCE WITH CERTAIN LAW- The Secretary of
 Transportation may make a grant to a State under this section in a fiscal
 year only if the State certifies that the State complies with sections 301
 and 303 of the Emergency Planning and Community Right-To-Know Act of 1986
 (42 U.S.C. 11001, 11003). []  (d) APPLICATIONS- A State or Indian tribe interested in
 receiving a grant under this section shall submit an application to the
 Secretary of Transportation. The application must be submitted at the time,
 and contain information, the Secretary requires by regulation to carry out
 the objectives of this section. []  (e) GOVERNMENT'S SHARE OF COSTS- A grant under this section
 is for 80 percent of the cost the State or Indian tribe incurs in the fiscal
 year to carry out the activity for which the grant is made. Amounts of the
 State or tribe under subsections (a)(2)(A) and (b)(2)(A) of this section
 are not part of the non-Government share under this subsection. []  (f) MONITORING AND TECHNICAL ASSISTANCE- In coordination
 with the Secretaries of Transportation and Energy, Administrator of the
 Environmental Protection Agency, and Director of the National Institute
 of Environmental Health Sciences, the Director of the Federal Emergency
 Management Agency shall monitor public sector emergency response planning and
 training for an accident or incident involving hazardous material. Considering
 the results of the monitoring, the Secretaries, Administrator, and Directors
 each shall provide technical assistance to a State, political subdivision
 of a State, or Indian tribe for carrying out emergency response training
 and planning for an accident or incident involving hazardous material and
 shall coordinate the assistance using the existing coordinating mechanisms
 of the national response team and, for radioactive material, the Federal
 Radiological Preparedness Coordinating Committee. []  (g) DELEGATION OF AUTHORITY- To minimize administrative
 costs and to coordinate Government grant programs for emergency response
 training and planning, the Secretary of Transportation may delegate to the
 Directors of the Federal Emergency Management Agency and National Institute of
 Environmental Health Sciences, Chairman of the Nuclear Regulatory Commission,
 Administrator of the Environmental Protection Agency, and Secretaries of
 Labor and Energy any of the following: []  (1) authority to receive applications for grants under this
 section. []  (2) authority to review applications for technical compliance
 with this section. []  (3) authority to review applications to recommend approval
 or disapproval. []  (4) any other ministerial duty associated with grants under
 this section. []  (h) MINIMIZING DUPLICATION OF EFFORT AND EXPENSES- The
 Secretaries of Transportation, Labor, and Energy, Directors of the Federal
 Emergency Management Agency and National Institute of Environmental Health
 Sciences, Chairman of the Nuclear Regulatory Commission, and Administrator
 of the Environmental Protection Agency shall review periodically, with the
 head of each department, agency, or instrumentality of the Government, all
 emergency response and preparedness training programs of that department,
 agency, or instrumentality to minimize duplication of effort and expense
 of the department, agency, or instrumentality in carrying out the programs
 and shall take necessary action to minimize duplication. []  (i) ANNUAL REGISTRATION FEE ACCOUNT AND ITS USES- The
 Secretary of the Treasury shall establish an account in the Treasury into
 which the Secretary of the Treasury shall deposit amounts the Secretary
 of Transportation collects under section 5108(g)(2)(A) of this title and
 transfers to the Secretary of the Treasury under section 5108(g)(2)(C)
 of this title. Without further appropriation, amounts in the account are
 available-- []  (1) to make grants under this section and section 5107(e)
 of this title; []  (2) to monitor and provide technical assistance under
 subsection (f) of this section; and []  (3) to pay administrative costs of carrying out this section
 and sections 5107(e), 5108(g)(2), and 5115 of this title, except that not
 more than 10 percent of the amounts made available from the account in a
 fiscal year may be used to pay those costs. [] Sec. 5117. Exemptions and exclusions []  (a) AUTHORITY TO EXEMPT- (1) As provided under procedures
 prescribed by regulation, the Secretary of Transportation may issue an
 exemption from this chapter or a regulation prescribed under section 5103(b),
 5104, 5110, or 5112 of this title to a person transporting, or causing to
 be transported, hazardous material in a way that achieves a safety level--
 []  (A) at least equal to the safety level required under this
 chapter; or []  (B) consistent with the public interest and this chapter,
 if a required safety level does not exist. []  (2) An exemption under this subsection is effective
 for not more than 2 years and may be renewed on application to the
 Secretary. []  (b) APPLICATIONS- When applying for an exemption or renewal
 of an exemption under this section, the person must provide a safety analysis
 prescribed by the Secretary that justifies the exemption. The Secretary shall
 publish in the Federal Register notice that an application for an exemption
 has been filed and shall give the public an opportunity to inspect the safety
 analysis and comment on the application. This subsection does not require the
 release of information protected by law from public disclosure. []  (c) EXCLUSIONS- (1) The Secretary shall exclude, in any
 part, from this chapter and regulations prescribed under this chapter--
 []  (A) a public vessel (as defined in section 2101 of title 46);
 []  (B) a vessel exempted under section 3702 of title 46 from
 chapter 37 of title 46; and []  (C) a vessel to the extent it is regulated under the Ports
 and Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.). []  (2) This chapter and regulations prescribed under this
 chapter do not prohibit-- []  (A) or regulate transportation of a firearm (as defined
 in section 232 of title 18), or ammunition for a firearm, by an individual
 for personal use; or []  (B) transportation of a firearm or ammunition in
 commerce. []  (d) LIMITATION ON AUTHORITY- Unless the Secretary decides
 that an emergency exists, an exemption or renewal granted under this section
 is the only way a person subject to this chapter may be exempt from this
 chapter. [] Sec. 5118. Inspectors []  (a) GENERAL REQUIREMENT- The Secretary of Transportation
 shall maintain the employment of 30 hazardous material safety inspectors
 more than the total number of safety inspectors authorized for the fiscal
 year that ended September 30, 1990, for the Federal Railroad Administration,
 the Federal Highway Administration, and the Research and Special Programs
 Administration. []  (b) ALLOCATION TO PROMOTE SAFETY IN TRANSPORTING RADIOACTIVE
 MATERIAL- (1) The Secretary shall ensure that 10 of the 30 additional
 inspectors focus on promoting safety in transporting radioactive material,
 as defined by the Secretary, including inspecting-- []  (A) at the place of origin, shipments of high-level
 radioactive waste or nuclear spent material (as those terms are defined in
 section 5105(a) of this title); and []  (B) to the maximum extent practicable shipments of
 radioactive material that are not high-level radioactive waste or nuclear
 spent material. []  (2) In carrying out their duties, those 10 additional
 inspectors shall cooperate to the greatest extent possible with safety
 inspectors of the Nuclear Regulatory Commission and appropriate State and
 local government officials. []  (3) Those 10 additional inspectors shall be allocated as
 follows: []  (A) one to the Research and Special Programs
 Administration. []  (B) 3 to the Federal Railroad Administration. []  (C) 3 to the Federal Highway Administration. []  (D) the other 3 among the administrations referred to in
 clauses (A)-(C) of this paragraph as the Secretary decides. []  (c) ALLOCATION OF OTHER INSPECTORS- The Secretary shall
 allocate, as the Secretary decides, the 20 additional inspectors authorized
 under this section and not allocated under subsection (b) of this section
 among the administrations referred to in subsection (b)(3)(A)-(C) of this
 section. [] Sec. 5119. Uniform forms and procedures []  (a) WORKING GROUP- The Secretary of Transportation
 shall establish a working group of State and local government officials,
 including representatives of the National Governors' Association, the
 National Association of Counties, the National League of Cities, the
 United States Conference of Mayors, and the National Conference of State
 Legislatures. The purposes of the working group are-- []  (1) to establish uniform forms and procedures for States
 that register persons that transport or cause to be transported hazardous
 material by motor vehicle; and []  (2) to decide whether to limit the filing of any State
 registration form and collection of filing fees to the State in which the
 person resides or has its principal place of business. []  (b) CONSULTATION AND REPORTING- The working group--
 []  (1) shall consult with persons subject to registration
 requirements described in subsection (a) of this section; and []  (2) not later than November 16, 1993, shall submit to the
 Secretary, the Committee on Commerce, Science, and Transportation of the
 Senate, and the Committee on Public Works and Transportation of the House
 of Representatives a final report that contains-- []  (A) a detailed statement of its findings and conclusions;
 and []  (B) its joint recommendations on the matters referred to
 in subsection (a) of this section. []  (c) REGULATIONS ON RECOMMENDATIONS- (1) The Secretary
 shall prescribe regulations to carry out the recommendations contained
 in the report submitted under subsection (b) of this section with which
 the Secretary agrees. The regulations shall be prescribed by the later of
 the last day of the 3-year period beginning on the date the working group
 submitted its report or the last day of the 90-day period beginning on the
 date on which at least 26 States adopt all of the recommendations of the
 report. A regulation prescribed under this subsection may not define or
 limit the amount of a fee a State may impose or collect. []  (2) A regulation prescribed under this subsection takes
 effect one year after it is prescribed. The Secretary may extend the
 one-year period for an additional year for good cause. After a regulation
 is effective, a State may establish, maintain, or enforce a requirement
 related to the same subject matter only if the requirement is the same as
 the regulation. []  (3) In consultation with the working group, the Secretary
 shall develop a procedure to eliminate differences in how States carry out
 a regulation prescribed under this subsection. []  (d) RELATIONSHIP TO OTHER LAWS- The Federal Advisory Committee
 Act (5 App. U.S.C.) does not apply to the working group. [] Sec. 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 of Transportation may consult
 with interested authorities to ensure that, to the extent practicable,
 regulations the Secretary prescribes under sections 5103(b), 5104, 5110,
 and 5112 of this title are consistent with standards related to transporting
 hazardous material that international authorities adopt. []  (c) DIFFERENCES WITH INTERNATIONAL STANDARDS AND REQUIREMENTS-
 This section-- []  (1) does not require the Secretary of Transportation to
 prescribe a standard identical to a standard adopted by an international
 authority if the Secretary decides the standard is unnecessary or unsafe;
 and []  (2) does not prohibit the Secretary from prescribing a safety
 requirement more stringent than a requirement included in a standard adopted
 by an international authority if the Secretary decides the requirement is
 necessary in the public interest. [] Sec. 5121. Administrative []  (a) GENERAL AUTHORITY- To carry out this chapter, the
 Secretary of Transportation may investigate, make reports, issue subpenas,
 conduct hearings, require the production of records and property, take
 depositions, and conduct research, development, demonstration, and training
 activities. After notice and an opportunity for a hearing, the Secretary
 may issue an order requiring compliance with this chapter or a regulation
 prescribed under this chapter. []  (b) RECORDS, REPORTS, AND INFORMATION- A person subject to
 this chapter shall-- []  (1) maintain records, make reports, and provide information
 the Secretary by regulation or order requires; and []  (2) make the records, reports, and information available
 when the Secretary requests. []  (c) INSPECTION- (1) The Secretary may authorize an officer,
 employee, or agent to inspect, at a reasonable time and in a reasonable way,
 records and property related to-- []  (A) manufacturing, fabricating, marking, maintaining,
 reconditioning, repairing, testing, or distributing a package or container
 for use by a person in transporting hazardous material in commerce; or
 []  (B) the transportation of hazardous material in
 commerce. []  (2) An officer, employee, or agent under this subsection
 shall display proper credentials when requested. []  (d) FACILITY, STAFF, AND REPORTING SYSTEM ON RISKS,
 EMERGENCIES, AND ACTIONS- (1) The Secretary shall-- []  (A) maintain a facility and technical staff sufficient to
 provide, within the United States Government, the capability of evaluating
 a risk related to the transportation of hazardous material and material
 alleged to be hazardous; []  (B) maintain a central reporting system and information
 center capable of providing information and advice to law enforcement and
 firefighting personnel, other interested individuals, and officers and
 employees of the Government and State and local governments on meeting
 an emergency related to the transportation of hazardous material; and
 []  (C) conduct a continuous review on all aspects of transporting
 hazardous material to decide on and take appropriate actions to ensure safe
 transportation of hazardous material. []  (2) Paragraph (1) of this subsection does not prevent
 the Secretary from making a contract with a private entity for use of a
 supplemental reporting system and information center operated and maintained
 by the contractor. []  (e) ANNUAL REPORT- The Secretary shall submit to the
 President, for submission to Congress, not later than June 15th of each
 year, a report about the transportation of hazardous material during the
 prior calendar year. The report shall include-- []  (1) a statistical compilation of accidents and casualties
 related to the transportation of hazardous material; []  (2) a list and summary of applicable Government regulations,
 criteria, orders, and exemptions; []  (3) a summary of the basis for each exemption; []  (4) an evaluation of the effectiveness of enforcement
 activities and the degree of voluntary compliance with regulations;
 []  (5) a summary of outstanding problems in carrying out this
 chapter in order of priority; and []  (6) recommendations for appropriate legislation. [] Sec. 5122. Enforcement []  (a) GENERAL- At the request of the Secretary of
 Transportation, the Attorney General may bring a civil action to enforce this
 chapter or a regulation prescribed or order issued under this chapter. The
 court may award appropriate relief, including punitive damages. []  (b) IMMINENT HAZARDS- (1) If the Secretary has reason to
 believe that an imminent hazard exists, the Secretary may bring a civil
 action-- []  (A) to suspend or restrict the transportation of the
 hazardous material responsible for the hazard; or []  (B) to eliminate or ameliorate the hazard. []  (2) On request of the Secretary, the Attorney General shall
 bring an action under paragraph (1) of this subsection. [] Sec. 5123. Civil penalty []  (a) PENALTY- (1) A person that knowingly violates this
 chapter or a regulation prescribed or order issued under this chapter is
 liable to the United States Government for a civil penalty of at least $250
 but not more than $25,000 for each violation. A person acts knowingly when--
 []  (A) the person has actual knowledge of the facts giving
 rise to the violation; or []  (B) a reasonable person acting in the circumstances and
 exercising reasonable care would have that knowledge. []  (2) A separate violation occurs for each day the violation,
 committed by a person that transports or causes to be transported hazardous
 material, continues. []  (b) HEARING REQUIREMENT- The Secretary of Transportation
 may find that a person has violated this chapter or a regulation prescribed
 under this chapter only after notice and an opportunity for a hearing. The
 Secretary shall impose a penalty under this section by giving the person
 written notice of the amount of the penalty. []  (c) PENALTY CONSIDERATIONS- In determining the amount
 of a civil penalty under this section, the Secretary shall consider--
 []  (1) the nature, circumstances, extent, and gravity of the
 violation; []  (2) with respect to the violator, the degree of culpability,
 any history of prior violations, the ability to pay, and any effect on the
 ability to continue to do business; and []  (3) other matters that justice requires. []  (d) COMPROMISE- The Secretary may compromise the amount of
 a civil penalty imposed under this section before referral to the Attorney
 General. []  (e) 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. []  (f) DEPOSITING AMOUNTS COLLECTED- Amounts collected
 under this section shall be deposited in the Treasury as miscellaneous
 receipts. [] Sec. 5124. Criminal penalty []  A person knowingly violating section 5104(b) of this title
 or willfully violating this chapter or a regulation prescribed or order
 issued under this chapter shall be fined under title 18, imprisoned for
 not more than 5 years, or both. [] Sec. 5125. Preemption []  (a) GENERAL- Except as provided in subsections (b), (c),
 and (e) of this section, a requirement of a State, political subdivision
 of a State, or Indian tribe is preempted if-- []  (1) complying with a requirement of the State, political
 subdivision, or tribe and a requirement of this chapter or a regulation
 prescribed under this chapter is not possible; or []  (2) the requirement of the State, political subdivision, or
 tribe, as applied or enforced, is an obstacle to accomplishing and carrying
 out this chapter or a regulation prescribed under this chapter. []  (b) SUBSTANTIVE DIFFERENCES- (1) Except as provided
 in subsection (c) of this section, a law, regulation, order, or other
 requirement of a State, political subdivision of a State, or Indian tribe
 about any of the following subjects, that is not substantively the same as
 a provision of this chapter or a regulation prescribed under this chapter,
 is preempted: []  (A) the designation, description, and classification of
 hazardous material. []  (B) the packing, repacking, handling, labeling, marking,
 and placarding of hazardous material. []  (C) the preparation, execution, and use of shipping
 documents related to hazardous material and requirements related to the
 number, contents, and placement of those documents. []  (D) the written notification, recording, and reporting of the
 unintentional release in transportation of hazardous material. []  (E) the design, manufacturing, fabricating, marking,
 maintenance, reconditioning, repairing, or testing of a package or container
 represented, marked, certified, or sold as qualified for use in transporting
 hazardous material. []  (2) If the Secretary of Transportation prescribes or has
 prescribed under section 5103(b), 5104, 5110, or 5112 of this title or
 prior comparable provision of law a regulation or standard related to a
 subject referred to in paragraph (1) of this subsection, a State, political
 subdivision of a State, or Indian tribe may prescribe, issue, maintain, and
 enforce only a law, regulation, standard, or order about the subject that
 is substantively the same as a provision of this chapter or a regulation
 prescribed or order issued under this chapter. The Secretary shall decide
 on and publish in the Federal Register the effective date of section 5103(b)
 of this title for any regulation or standard about any of those subjects that
 the Secretary prescribes after November 16, 1990. However, the effective date
 may not be earlier than 90 days after the Secretary prescribes the regulation
 or standard nor later than the last day of the 2-year period beginning on
 the date the Secretary prescribes the regulation or standard. []  (3) If a State, political subdivision of a State, or Indian
 tribe imposes a fine or penalty the Secretary decides is appropriate for
 a violation related to a subject referred to in paragraph (1) of this
 subsection, an additional fine or penalty may not be imposed by any other
 authority. []  (c) COMPLIANCE WITH SECTION 5112(b) REGULATIONS- (1)
 Except as provided in paragraph (2) of this subsection, after the last
 day of the 2-year period beginning on the date a regulation is prescribed
 under section 5112(b) of this title, a State or Indian tribe may establish,
 maintain, or enforce a highway routing designation over which hazardous
 material may or may not be transported by motor vehicles, or a limitation or
 requirement related to highway routing, only if the designation, limitation,
 or requirement complies with section 5112(b). []  (2)(A) A highway routing designation, limitation, or
 requirement established before the date a regulation is prescribed under
 section 5112(b) of this title does not have to comply with section 5112(b)(1)
 (B), (C), and (F). []  (B) This subsection and section 5112 of this title do not
 require a State or Indian tribe to comply with section 5112(b)(1)(I) if
 the highway routing designation, limitation, or requirement was established
 before November 16, 1990. []  (C) The Secretary may allow a highway routing designation,
 limitation, or requirement to continue in effect until a dispute related
 to the designation, limitation, or requirement is resolved under section
 5112(d) of this title. []  (d) DECISIONS ON PREEMPTION- (1) A person (including a State,
 political subdivision of a State, or Indian tribe) directly affected by
 a requirement of a State, political subdivision, or tribe may apply to
 the Secretary, as provided by regulations prescribed by the Secretary,
 for a decision on whether the requirement is preempted by subsection (a),
 (b)(1), or (c) of this section. The Secretary shall publish notice of the
 application in the Federal Register. After notice is published, an applicant
 may not seek judicial relief on the same or substantially the same issue
 until the Secretary takes final action on the application or until 180 days
 after the application is filed, whichever occurs first. []  (2) After consulting with States, political subdivisions
 of States, and Indian tribes, the Secretary shall prescribe regulations
 for carrying out paragraph (1) of this subsection. []  (3) Subsection (a) of this section does not prevent a
 State, political subdivision of a State, or Indian tribe, or another person
 directly affected by a requirement, from seeking a decision on preemption
 from a court instead of applying to the Secretary under paragraph (1)
 of this subsection. []  (e) WAIVER OF PREEMPTION- A State, political subdivision of a
 State, or Indian tribe may apply to the Secretary for a waiver of preemption
 of a requirement the State, political subdivision, or tribe acknowledges
 is preempted by subsection (a), (b)(1), or (c) of this section. Under a
 procedure the Secretary prescribes by regulation, the Secretary may waive
 preemption on deciding the requirement-- []  (1) provides the public at least as much protection as do
 requirements of this chapter and regulations prescribed under this chapter;
 and []  (2) is not an unreasonable burden on commerce. []  (f) JUDICIAL REVIEW- A party to a proceeding under subsection
 (d) or (e) of this section may bring a civil action for judicial review
 of the decision of the Secretary not later than 60 days after the decision
 becomes final. []  (g) FEES- A State, political subdivision of a State, or
 Indian tribe may impose a fee related to transporting hazardous material
 only if the fee is fair and used for a purpose related to transporting
 hazardous material, including enforcement and planning, developing, and
 maintaining a capability for emergency response. [] Sec. 5126. Relationship to other laws []  (a) CONTRACTS- A person under contract with a department,
 agency, or instrumentality of the United States Government that transports
 or causes to be transported hazardous material, or manufactures, fabricates,
 marks, maintains, reconditions, repairs, or tests a package or container
 that the person represents, marks, certifies, or sells as qualified for
 use in transporting hazardous material must comply with this chapter,
 regulations prescribed and orders issued under this chapter, and all other
 requirements of the Government, State and local governments, and Indian tribes
 (except a requirement preempted by a law of the United States) in the same
 way and to the same extent that any person engaging in that transportation,
 manufacturing, fabricating, marking, maintenance, reconditioning, repairing,
 or testing that is in or affects commerce must comply with the provision,
 regulation, order, or requirement. []  (b) NONAPPLICATION- This chapter does not apply to--
 []  (1) a pipeline subject to regulation under chapter 601 of
 this title; or []  (2) any matter that is subject to the postal laws and
 regulations of the United States under this chapter or title 18 or
 39. [] Sec. 5127. Authorization of appropriations []  (a) GENERAL- Not more than the following amounts may be
 appropriated to the Secretary of Transportation to carry out this chapter
 (except sections 5108(g)(2), 5115, 5116, and 5119): []  (1) $16,000,000 for the fiscal year ending September 30,
 1992. []  (2) $18,000,000 for the fiscal year ending September 30,
 1993. []  (b) HAZMAT EMPLOYEE TRAINING- Not more than $250,000 is
 available to the Director of the National Institute of Environmental Health
 Sciences from the account established under section 5116(i) of this title
 for each of the fiscal years ending September 30, 1993-1998, to carry out
 section 5107(e) of this title. []  (c) TRAINING CURRICULUM- (1) Not more than $1,000,000 may be
 appropriated to the Secretary of Transportation for the fiscal year ending
 September 30, 1992, to carry out section 5115 of this title. []  (2) Not more than $1,000,000 is available to the Secretary
 of Transportation from the account established under section 5116(i) of
 this title for each of the fiscal years ending September 30, 1993-1998,
 to carry out section 5115 of this title. []  (3) The Secretary of Transportation may transfer to the
 Director of the Federal Emergency Management Agency from amounts available
 under this subsection amounts necessary to carry out section 5115(d)(1)
 of this title. []  (d) PLANNING AND TRAINING- (1) Not more than $5,000,000 is
 available to the Secretary of Transportation from the account established
 under section 5116(i) of this title for each of the fiscal years ending
 September 30, 1993-1998, to carry out section 5116(a) of this title. []  (2) Not more than $7,800,000 is available to the Secretary
 of Transportation from the account established under section 5116(i) of
 this title for each of the fiscal years ending September 30, 1993-1998,
 to carry out section 5116(b) of this title. []  (3) Not more than the following amounts are available from
 the account established under section 5116(i) of this title for each of the
 fiscal years ending September 30, 1993-1998, to carry out section 5116(f)
 of this title: []  (A) $750,000 each to the Secretaries of Transportation and
 Energy, Administrator of the Environmental Protection Agency, and Director
 of the Federal Emergency Management Agency. []  (B) $200,000 to the Director of the National Institute of
 Environmental Health Sciences. []  (e) UNIFORM FORMS AND PROCEDURES- Not more than $400,000 may
 be appropriated to the Secretary of Transportation for each of the fiscal
 years ending September 30, 1992, and 1993, to carry out section 5119 of
 this title. []  (f) CREDITS TO APPROPRIATIONS- The Secretary of Transportation
 may credit to any appropriation to carry out this chapter an amount received
 from a State, Indian tribe, or other public authority or private entity for
 expenses the Secretary incurs in providing training to the State, authority,
 or entity. []  (g) AVAILABILITY OF AMOUNTS- Amounts available under
 subsections (c)-(e) of this section remain available until expended. [] CHAPTER 53--URBAN MASS TRANSPORTATION [] Sec. [] 5301. Policies, findings, and purposes. [] 5302. Definitions. [] 5303. Planning and technical studies. [] 5304. Block grants. [] 5305. Mass Transit Account block grants. [] 5306. Discretionary grants and loans. [] 5307. Grants and loans for special needs of the elderly and
 handicapped. [] 5308. Financial assistance for other than urbanized
 areas. [] 5309. Research, development, demonstration, and training
 projects. [] 5310. National advisory council and transportation
 centers. [] 5311. Bus testing facility. [] 5312. Bicycle facilities. [] 5313. Crime prevention and security. [] 5314. Human resource programs. [] 5315. General limitations on assistance. [] 5316. Limitations on discretionary and special needs grants
 and loans. [] 5317. Contract requirements. [] 5318. Project management oversight. [] 5319. Investigation of safety hazards. [] 5320. Nondiscrimination. [] 5321. Labor standards. [] 5322. Administrative. [] 5323. Reports and audits. [] 5324. Apportionment of appropriations for block
 grants. [] 5325. Authorizations. [] Sec. 5301. Policies, findings, and purposes []  (a) DEVELOPMENT OF TRANSPORTATION SYSTEMS- It is in the
 interest of the United States to encourage and promote the development of
 transportation systems that embrace various modes of transportation and
 serve States and local communities efficiently and effectively. []  (b) GENERAL FINDINGS- Congress finds that-- []  (1) more than 70 percent of the population of the United
 States is located in rapidly expanding urban areas that generally cross the
 boundary lines of local jurisdictions and often extend into at least 2 States;
 []  (2) the welfare and vitality of urban areas, the satisfactory
 movement of people and goods within those areas, and the effectiveness
 of programs aided by the United States Government are jeopardized by
 deteriorating or inadequate urban transportation service and facilities,
 the intensification of traffic congestion, and the lack of coordinated,
 comprehensive, and continuing development planning; []  (3) transportation is the lifeblood of an urbanized society,
 and the health and welfare of an urbanized society depend on providing
 efficient, economical, and convenient transportation in and between urban
 areas; []  (4) for many years the mass transportation industry capably
 and profitably satisfied the transportation needs of the urban areas of
 the United States but in the early 1970's continuing even minimal mass
 transportation service in urban areas was threatened because maintaining
 that transportation service was financially  burdensome; []  (5) ending that transportation, or the continued increase
 in its cost to the user, is undesirable and may affect seriously and
 adversely the welfare of a substantial number of lower income individuals;
 []  (6) some urban areas were developing preliminary plans for,
 or carrying out, projects in the early 1970's to revitalize their mass
 transportation operations; []  (7) financial assistance by the Government to develop
 efficient and coordinated mass transportation systems is essential to
 solve the urban transportation problems referred to in clause (2) of this
 subsection; and []  (8) immediate substantial assistance by the Government is
 needed to enable mass transportation systems to continue providing vital
 transportation service. []  (c) RAPID URBANIZATION AND CONTINUING POPULATION DISPERSAL-
 Rapid urbanization and continuing dispersal of the population and activities
 in urban areas have made the ability of all citizens to move quickly and
 at a reasonable cost an urgent problem of the Government. []  (d) ELDERLY AND HANDICAPPED- It is the policy of the
 Government that elderly and handicapped individuals have the same right as
 other individuals to use mass transportation service and facilities. Special
 efforts shall be made in planning and designing mass transportation service
 and facilities to ensure that mass transportation can be used by elderly
 and handicapped individuals. All programs of the Government assisting mass
 transportation shall carry out this policy. []  (e) PRESERVING THE ENVIRONMENT- It is the policy of the
 Government that special effort shall be made to preserve the natural
 beauty of the countryside, public park and recreation lands, wildlife
 and waterfowl refuges, and important historical and cultural assets when
 planning, designing, and carrying out an urban mass transportation capital
 project with assistance from the Government under sections 5306 and 5307
 of this title. []  (f) GENERAL PURPOSES- The purposes of this chapter are--
 []  (1) to assist in developing improved mass transportation
 equipment, facilities, techniques, and methods with the cooperation of
 public and private mass transportation companies; []  (2) to encourage the planning and establishment of areawide
 urban mass transportation systems needed for economical and desirable urban
 development with the cooperation of public and private mass transportation
 companies; []  (3) to assist States and political subdivisions of States
 in financing areawide urban mass transportation systems that are to be
 operated by public or private mass transportation companies as decided by
 local needs; and []  (4) to establish a partnership that allows a community,
 with financial assistance from the Government, to satisfy its urban mass
 transportation requirements. [] Sec. 5302. Definitions []  (a) GENERAL- In this chapter-- []  (1) `capital project' means a project for-- []  (A) acquiring, constructing, supervising, or inspecting
 equipment or a facility for use in mass transportation, expenses incidental to
 the acquisition or construction (including designing, engineering, location
 surveying, mapping, and acquiring rights of way), relocation assistance,
 acquiring replacement housing sites, and acquiring, constructing, relocating,
 and rehabilitating replacement housing; []  (B) rehabilitating a bus that extends the economic life of
 a bus for at least 5 years; []  (C) remanufacturing a bus that extends the economic life
 of a bus for at least 8 years; or []  (D) overhauling rail rolling stock. []  (2) `chief executive officer of a State' includes the
 designee of the chief executive officer. []  (3) `emergency regulation' means a regulation-- []  (A) that is effective temporarily before the expiration
 of the otherwise specified periods of time for public notice and comment
 under section 5322(b) of this title; and []  (B) prescribed by the Secretary of Transportation as the
 result of a finding that a delay in the effective date of the regulation--
 []  (i) would injure seriously an important public interest;
 []  (ii) would frustrate substantially legislative policy and
 intent; or []  (iii) would damage seriously a person or class without
 serving an important public interest. []  (4) `fixed guideway' means a mass transportation facility--
 []  (A) using and occupying a separate right of way or rail for
 the exclusive use of mass transportation and other high occupancy vehicles;
 or []  (B) using a fixed catenary system and a right of way usable
 by other forms of transportation. []  (5) `handicapped individual' means an individual who,
 because of illness, injury, age, congenital malfunction, or other incapacity
 or temporary or permanent disability (including an individual who is a
 wheelchair user or has semiambulatory capability), cannot use effectively,
 without special facilities, planning, or design, mass transportation service
 or a mass transportation facility. []  (6) `local governmental authority' includes-- []  (A) a political subdivision of a State; []  (B) an authority of at least one State or political
 subdivision of a State; []  (C) an Indian tribe; and []  (D) a public corporation, board, or commission established
 under the laws of a State. []  (7) `mass transportation' means transportation by a conveyance
 that provides regular and continuing general or special transportation
 to the public, but does not include schoolbus, charter, or sightseeing
 transportation. []  (8) `net property cost' means the part of a project that
 reasonably cannot be financed from revenues. []  (9) `new bus model' means a bus model-- []  (A) that has not been used in mass transportation in the
 United States before the date of production of the model; or []  (B) used in mass transportation in the United States but being
 produced with a major change in configuration or components. []  (10) `regulation' means any part of a statement of general
 or particular applicability of the Secretary of Transportation designed
 to carry out, interpret, or prescribe law or policy in carrying out this
 chapter. []  (11) `State' means a State of the United States, the District
 of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa,
 and the Virgin Islands. []  (12) `urban area' means an area that includes a
 municipality or other built-up place that the Secretary of Transportation,
 after considering local patterns and trends of urban growth, decides is
 appropriate for a local mass transportation system to serve individuals in
 the locality. []  (13) `urbanized area' means an area-- []  (A) encompassing at least an urbanized area within a State
 that the Secretary of Commerce designates; and []  (B) designated an urbanized area within boundaries
 fixed by State and local officials and approved by the Secretary of
 Transportation. []  (b) AUTHORITY TO MODIFY `HANDICAPPED INDIVIDUAL'- The
 Secretary of Transportation by regulation may modify the definition of
 subsection (a)(5) of this section as it applies to section 5304(d)(1)(D)
 of this title. [] Sec. 5303. Planning and technical studies []  (a) COOPERATION IN DEVELOPING TRANSPORTATION PLANS AND
 PROGRAMS- To carry out section 5301(a) of this title, the Secretary of
 Transportation shall cooperate with State and local officials in developing
 transportation plans and programs. The plans and programs shall be based on
 transportation needs, considering long-range land use plans, development
 objectives, overall social, economic, environmental, system performance,
 and energy conservation goals and objectives, and the probable effect of
 transportation plans and programs on the future development of an urban
 area with a population of more than 50,000. []  (b) PLANNING REQUIREMENTS- (1) Planning shall-- []  (A) be continuing, cooperative, and comprehensive, based
 on the complexity of transportation problems; []  (B) consider all modes of transportation; []  (C) analyze alternative transportation system management and
 investment strategies to make more efficient use of existing transportation
 facilities; and []  (D) develop long-term financial plans for regional urban
 mass transportation improvements and revenues available from current and
 potential sources to carry out the improvements. []  (2) Urbanized area planning shall be conducted by
 local officials acting through a metropolitan planning organization in
 cooperation with the State. The chief executive officer of a State and the
 units of general local government shall designate the metropolitan planning
 organization. []  (c) APPROVAL OF PROGRAM OF PROJECTS- A program of projects
 eligible for assistance under this chapter shall be submitted to the
 Secretary for approval. The Secretary may approve any part of the program
 for an urbanized area only if the Secretary finds that the planning on
 which the program is based is consistent with section 5301(a) of this
 title. []  (d) CONTRACT AUTHORITY- Consistent with criteria the Secretary
 establishes, the Secretary may make a contract for, and a grant to a State
 or a local governmental authority for-- []  (1) the planning, engineering, designing, and evaluation
 of a mass transportation project; []  (2) the study of the management, operations, capital
 requirements, and economic feasibility of a project; []  (3) the preparation of engineering and architectural surveys,
 plans, and specifications; []  (4) the evaluation of previously financed projects;
 []  (5) another similar or related activity preliminary to,
 or in preparation of, a capital project for, or acquiring or improving the
 operation of, a mass transportation system, equipment, or facility; and
 []  (6) other technical studies. []  (e) PRIVATE ENTERPRISE PARTICIPATION- A plan or program
 required by subsection (a) of this section shall encourage to the maximum
 extent feasible the participation of private enterprise. A program shall
 provide that equipment or a facility already being used in mass transportation
 in an urban area be improved so that it will better serve the transportation
 needs of the area if it is to be acquired under this chapter. [] Sec. 5304. Block grants []  (a) DEFINITIONS- In this section-- []  (1) `associated capital maintenance items' means equipment,
 tires, tubes, and material, each costing at least .5 percent of the current
 fair market value of rolling stock comparable to the rolling stock for
 which the equipment, tires, tubes, and material are to be used. []  (2) `designated recipient' means-- []  (A) a person designated, as provided by the planning process
 required under section 5303 of this title, by the chief executive officer
 of a State, responsible local officials, and publicly owned operators of
 mass transportation to receive and apportion amounts under section 5324 of
 this title that are attributable to urbanized areas with a population of
 at least 200,000; []  (B) a State or regional authority if the authority is
 responsible under the laws of a State for a capital project and for financing
 and directly providing mass transportation; or []  (C) a recipient designated under section 5(b)(1) of the Urban
 Mass Transportation Act of 1964 not later than January 5, 1983. []  (b) GENERAL AUTHORITY- (1) The Secretary of Transportation
 may make grants under this section for capital projects and to finance
 the planning, improvement, and operating costs of equipment, facilities,
 and associated capital maintenance items for use in mass transportation,
 including the renovation and improvement of historic transportation facilities
 with related private investment. []  (2) A grant for a capital project under this section also is
 available to finance the leasing of equipment and facilities for use in mass
 transportation, subject to regulations the Secretary prescribes limiting the
 grant to leasing arrangements that are more cost effective than acquisition
 or construction. The Secretary shall prescribe those regulations not later
 than November 28, 1988. []  (3) A project for the reconstruction of equipment and
 material, each of which after reconstruction will have a fair market value
 of at least .5 percent of the current fair market value of rolling stock
 comparable to the rolling stock for which the equipment and material will
 be used, is a capital project for an associated capital maintenance item
 under this section. []  (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) consider comments and views received, especially those of
 private transportation providers, in preparing the final program of projects;
 and []  (6) make the final program of projects available to the
 public. []  (d) GRANT RECIPIENT REQUIREMENTS- A recipient may receive
 a grant in a fiscal year only if-- []  (1) the recipient, within the time the Secretary prescribes,
 submits a final program of projects prepared under subsection (c) of
 this section and a certification for that fiscal year that the recipient
 (including a person receiving amounts from a chief executive officer of a
 State under this section)-- []  (A) has or will have the legal, financial, and technical
 capacity to carry out the program; []  (B) has or will have satisfactory continuing control over
 the use of equipment and facilities; []  (C) will maintain equipment and facilities; []  (D) will ensure that elderly and handicapped individuals,
 or an individual presenting a medicare card issued to that individual under
 title II or XVIII of the Social Security Act (42 U.S.C. 401 et seq., 1395
 et seq.), will be charged during non-peak hours for transportation using or
 involving a facility or equipment of a project financed under this chapter
 not more than 50 percent of the peak hour fare; []  (E) in carrying out a procurement under this section--
 []  (i) will use competitive procurement (as defined or approved
 by the Secretary); []  (ii) will not use a procurement that uses exclusionary or
 discriminatory specifications; and []  (iii) will comply with applicable Buy-American laws in
 carrying out a procurement; []  (F) has complied with subsection (c) of this section;
 []  (G) has available and will provide the required amounts as
 provided by subsection (e) of this section; []  (H) will comply with sections 5301 (a) and (d), 5303,
 and 5307(a)-(d) of this title; and []  (I) has a locally developed process to solicit and consider
 public comment before raising a fare or carrying out a major reduction of
 transportation; and []  (2) the Secretary accepts the certification. []  (e) GOVERNMENT'S SHARE OF COSTS- A grant of the United States
 Government for a capital project (including associated capital maintenance
 items) under this section is for 80 percent of the net project cost of
 the project. A recipient may provide additional local matching amounts. A
 grant for operating expenses may not be more than 50 percent of the net
 project cost of the project. The remainder of the net project cost shall
 be provided in cash from sources other than amounts of the Government or
 revenues from providing mass transportation (excluding revenues derived from
 the sale of advertising and concessions that are more than the amount of
 those revenues in the fiscal year that ended September 30, 1985). Transit
 system amounts that make up the remainder shall be from an undistributed
 cash surplus, a replacement or depreciation cash fund or reserve, or new
 capital. []  (f) STATEWIDE OPERATING ASSISTANCE- (1) A State authority
 that is a designated recipient and providing mass transportation in at
 least 2 urbanized areas may apply for operating assistance in an amount
 not more than the amount for all urbanized areas in which it provides
 transportation. []  (2) When approving an application under paragraph (1)
 of this subsection, the Secretary may not reduce the amount of operating
 assistance approved for another State or a local transportation authority
 within the affected urbanized areas. []  (g) UNDERTAKING PROJECTS IN ADVANCE- (1) When a recipient
 obligates all amounts apportioned to it under section 5324 of this title
 and then carries out a part of a project described in this section (except
 a project for operating expenses) without amounts of the Government and
 according to all applicable procedures and requirements (except to the
 extent the procedures and requirements limit a State to carrying out a
 project with amounts of the Government previously apportioned to it),
 the Secretary may pay to the recipient the Government's share of the cost
 of carrying out that part when additional amounts are apportioned to the
 recipient under section 5324 if-- []  (A) the recipient applies for the payment; []  (B) the Secretary approves the payment; and []  (C) before carrying out that part, the Secretary approves
 the plans and specifications for the part in the same way as for other
 projects under this section. []  (2) The Secretary may approve an application under paragraph
 (1) of this subsection only if an authorization for this section is in effect
 for the fiscal year to which the application applies. The Secretary may
 not approve an application if the payment will be more than-- []  (A) the recipient's expected apportionment under section
 5324 of this title if the total amount authorized to be appropriated for
 the fiscal year to carry out this section is appropriated; less []  (B) the maximum amount of the apportionment that may be made
 available for projects for operating expenses under this section. []  (3) The cost of carrying out that part of a project
 includes the amount of interest earned and payable on bonds issued by the
 recipient to the extent proceeds of the bonds are expended in carrying out
 the part. However, the amount of interest allowed under this paragraph may
 not be more than the amount by which the estimated cost of carrying out
 the part (if it would be carried out at the time the part is converted to
 a regularly financed project) exceeds the actual cost (except interest)
 of carrying out the part. []  (4) The Secretary shall consider changes in capital project
 cost indices when determining the estimated cost under paragraph (3) of
 this subsection. []  (h) REVIEWS, AUDITS, AND EVALUATIONS- (1)(A) At least
 annually, the Secretary shall carry out, or require a recipient to have
 carried out independently, reviews and audits the Secretary considers
 appropriate to establish whether the recipient has carried out-- []  (i) the activities proposed under subsection (d) of this
 section in a timely and effective way and can continue to do so; and
 []  (ii) those activities and its certifications and has used
 amounts of the Government in the way required by law. []  (B) An audit of the use of amounts of the Government shall
 comply with the auditing procedures of the Comptroller General. []  (2) At least once every 3 years, the Secretary shall review
 and evaluate completely the performance of a recipient in carrying out the
 recipient's program, specifically referring to compliance with statutory
 and administrative requirements and the extent to which actual program
 activities are consistent with the activities proposed under subsection
 (d) of this section and the planning process required under section 5303
 of this title. []  (3) The Secretary may take appropriate action consistent
 with a review, audit, and evaluation under this subsection, including
 making an appropriate adjustment in the amount of a grant or withdrawing
 the grant. []  (i) REPORTS- A recipient (including a person receiving amounts
 from a chief executive officer of a State under this section) shall submit
 annually to the Secretary a report on the revenues the recipient derives
 from the sale of advertising and concessions. []  (j) 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 5324 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. []  (k) RELATIONSHIP TO OTHER LAWS- (1) Section 1001 of title
 18 applies to a certificate or submission under this section. The Secretary
 may end a grant under this section and seek reimbursement, directly or by
 offsetting amounts available under section 5324 of this title, when a false
 or fraudulent statement or related act within the meaning of section 1001
 is made in connection with a certification or submission. []  (2) Sections 5302, 5311, 5315 (a)(1), (d), and (f), 5320,
 5321, and 5322(e) of this title apply to this section and to a grant made
 under this section. Except as provided in this section, no other provision
 of this chapter applies to this section or to a grant made under this
 section. [] Sec. 5305. Mass Transit Account block grants []  (a) GENERAL AUTHORITY- The Secretary of Transportation
 may make grants under this section to be used only for capital projects
 (including capital maintenance items). []  (b) APPLICATION OF OTHER SECTIONS- (1) Sections 5304 (a)-(d)
 and (h)-(k) and 5324 (a)-(c), (f), (g), and (i) of this title apply to
 amounts made available under section 5325 (a)(2) and (c)(2) of this title
 to carry out this section. []  (2) Sections 5304(e) and 5324(d) of this title apply to
 grants under this section. [] Sec. 5306. Discretionary grants and loans []  (a) GENERAL AUTHORITY- The Secretary of Transportation
 may make grants and loans under this section to assist State and local
 governmental authorities in financing-- []  (1) capital projects for new fixed guideway systems, and
 extensions to existing fixed guideway systems, including the acquisition of
 real property, the initial acquisition of rolling stock for the systems,
 alternative analyses related to the development of the systems, and the
 acquisition of rights of way, and relocation, for fixed guideway corridor
 development for projects in the advanced stages of alternative analyses or
 preliminary engineering; []  (2) capital projects, including property and improvements
 (except public highways other than fixed guideway facilities), needed for
 an efficient and coordinated mass transportation system; []  (3) the capital costs of coordinating mass transportation
 with other transportation; []  (4) the introduction of new technology, through innovative
 and improved products, into mass transportation; []  (5) transportation projects that enhance urban economic
 development or incorporate private investment, including commercial and
 residential development, because the projects-- []  (A) enhance the effectiveness of a mass transportation
 project and are related physically or functionally to that mass transportation
 project; or []  (B) establish new or enhanced coordination between mass
 transportation and other transportation; and []  (6) alterations in equipment and fixed facilities (except
 stations) that the Secretary decides are necessary to avoid an adverse
 effect resulting from the Northeast Corridor improvement program under
 chapter 249 of this title. []  (b) LOANS FOR REAL PROPERTY INTERESTS- (1) The Secretary
 of Transportation may make loans under this section to State and local
 governmental authorities to acquire interests in real property for use
 on urban mass transportation systems as rights of way, station sites,
 and related purposes, including reconstruction, renovation, the net cost
 of property management, and relocation payments made under section 5316(a)
 of this title. []  (2) The Secretary of Transportation may make a loan
 under paragraph (1) of this subsection for an approved project only after
 finding that the property reasonably is expected to be required for a mass
 transportation system and that it will be used for that system within a
 reasonable time. []  (3) An applicant for a loan under this subsection shall
 provide a copy of the application to the planning agency for the community
 affected by the project at the same time the application is submitted to
 the Secretary of Transportation. If the planning agency submits comments to
 the Secretary not later than 30 days after the application is submitted, or,
 if the agency requests more time within those 30 days, within a period the
 Secretary establishes, the Secretary shall consider those comments before
 taking final action on the application. []  (4) A loan agreement under this subsection shall provide
 that a capital project on the property will be started not later than 10
 years after the fiscal year in which the agreement is made. If an interest
 in property acquired under this subsection is not used for the purpose for
 which it was acquired, an appraisal of the current value of the property or
 interest shall be made when a decision is made about the use. The decision
 shall be made within the 10-year period. Two-thirds of the increase in
 value shall be paid to the Secretary of Transportation for deposit in the
 Treasury as miscellaneous receipts. []  (5) A loan under this subsection must be repaid not later
 than 10 years after the date of the loan agreement or on the date a grant
 agreement for a capital project on the property is made, whichever is
 earlier. Payments made to repay the loan shall be deposited in the Treasury
 as miscellaneous receipts. []  (c) CONSIDERATION OF DECREASED COMMUTER RAIL TRANSPORTATION-
 The Secretary of Transportation shall consider the adverse effect of decreased
 commuter rail transportation when deciding whether to approve a grant or
 loan under this section to acquire a rail line and all related facilities--
 []  (1) owned by a rail carrier subject to reorganization under
 title 11; and []  (2) used to provide commuter rail transportation. []  (d) PROJECT AS PART OF APPROVED PROGRAM OF PROJECTS- (1)
 Except as provided in paragraph (2) of this subsection and subsection (b)(2)
 of this section, the Secretary of Transportation may approve a grant or
 loan for a project under this section only after finding that the project
 is part of the approved program of projects required under section 5303 of
 this title and that an applicant-- []  (A) has or will have the legal, financial, and technical
 capacity to carry out the project, satisfactory continuing control over
 the use of equipment or facilities, and the capability to maintain the
 equipment or facilities; and []  (B) will maintain the equipment or facilities. []  (2)(A) The Secretary of Transportation may approve a grant
 or loan under this section for a capital project for a new fixed guideway
 system or extension of an existing fixed guideway system only after deciding
 the proposed project is-- []  (i) based on the results of alternative analyses and
 preliminary engineering; []  (ii) cost effective; and []  (iii) 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. []  (B) The Secretary of Transportation also may consider other
 appropriate factors. []  (C) The Secretary of Transportation shall prescribe guidelines
 on how the Secretary will evaluate cost effectiveness, results of alternative
 analyses, and the degree of local financial commitment. []  (D) Subparagraph (A)-(C) of this paragraph apply to a
 project-- []  (i) for which a letter of intent or contract for the complete
 amount is issued under subsection (e) of this section after April 1, 1987;
 or []  (ii) not in the preliminary engineering, final design,
 or construction stage on January 1, 1987. []  (3) Each grant or loan under subsection (a)(5) of this
 section shall require that a person making an agreement to occupy space
 in a facility pay a reasonable share of the costs of the facility through
 rental payments and other means. []  (4) Eligible costs for a project under subsection (a)(5)
 of this section-- []  (A) include property acquisition, demolition of existing
 structures, site preparation, utilities, building foundations, walkways,
 open space, and a capital project for, and improving, equipment or a facility
 for an intermodal transfer facility or transportation mall; but []  (B) do not include construction of a commercial
 revenue-producing facility or a part of a public facility not related to
 mass transportation. []  (e) LETTERS OF INTENT TO OBLIGATE- (1) The Secretary of
 Transportation may issue a letter of intent to an applicant announcing an
 intention to obligate, for a 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. The amount shall be sufficient to complete an operable segment
 when a letter is issued for a fixed guideway project. []  (2) At least 30 days before issuing a letter under paragraph
 (1) of this subsection, the Secretary of Transportation shall notify in
 writing the Committee on Public Works and Transportation of the House of
 Representatives and the Committee on Banking, Housing, and Urban Affairs
 of the Senate of the proposed issuance of the letter. []  (3) The issuance of a letter is deemed not an obligation under
 sections 1108(c) and (d), 1501, and 1502(a) of title 31 or an administrative
 commitment. []  (4) An obligation or administrative commitment may be made
 only when amounts are appropriated. The total estimated amount of future
 obligations of the United States Government covered by all outstanding letters
 of intent may be not more than the amount authorized under section 5325(a)
 of this title to carry out this section, less an amount the Secretary of
 Transportation reasonably estimates is necessary for grants under this
 section not covered by a letter. The total amount covered by new letters
 may be not more than a limitation specified in law. []  (f) GOVERNMENT'S SHARE OF NET PROJECT COST- (1) Based on
 engineering studies, studies of economic feasibility, and information on the
 expected use of equipment or facilities, the Secretary of Transportation
 shall estimate the net project cost. Except as provided in paragraph (2)
 of this subsection, a grant for the project is for 75 percent of the net
 project cost. The remainder shall be provided in cash from a source other
 than amounts of the Government. Transit system amounts that make up the
 remainder must be from an undistributed cash surplus, a replacement or
 depreciation cash fund or reserve, or new capital. 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. []  (2) A grant for a project under subsection (a)(6) of this
 section may be for all of the net project cost. []  (g) LOAN TERM REQUIREMENTS- Except for a loan under subsection
 (b) of this section, a loan, including a renewal or extension of the loan,
 may be made, and a security or obligation may be bought, only if it has
 a maturity date of not more than 40 years. Interest on a loan may not be
 less than-- []  (1) a rate the Secretary of the Treasury establishes,
 considering the current average yield on outstanding marketable obligations
 of the Government that have remaining periods of maturity comparable to
 the average maturity of the loan, adjusted to the nearest .125 percent;
 plus []  (2) an allowance the Secretary of Transportation considers
 adequate to cover administrative costs and probable losses. []  (h) LOAN PAYMENT FORGIVENESS- A grant agreement for a capital
 project may forgive repaying the loan and interest in place of a cash grant
 for the amount forgiven. The amount is part of the grant and part of the
 contribution of the Government to the cost of the project. []  (i) LIMITATION ON MAKING LOANS AND GRANTS FOR PROJECTS-
 The Secretary of Transportation may not make a loan under this section for
 a project for which a grant (except a relocation payment grant) is made
 under this section. However, the Secretary may make a project grant even
 though real property for the project has been or will be acquired through
 a loan under subsection (b) of this section. []  (j) ALLOCATING AMOUNTS- (1) Of the amounts available for
 grants and loans under this section for the fiscal year ending September 30,
 19XX-- []  (A) XX percent is available for rail modernization;
 []  (B) XX percent is available for capital projects for new
 fixed guideway systems and extensions to existing fixed guideway systems;
 []  (C) XX percent is available to replace, rehabilitate, and
 buy buses and related equipment and to construct bus-related facilities;
 and []  (D) XX percent is available for purposes described in
 clauses (A)-(C) of this subsection, as the Secretary of Transportation
 decides. []  (2) Not later than January 20 of each year, the Secretary
 of Transportation shall submit to the Committee on Public Works and
 Transportation of the House of Representatives and the Committee on Banking,
 Housing, and Urban Affairs of the Senate-- []  (A) a proposal on the total amount that should be made
 available under paragraph (1)(D) of this subsection in the next fiscal
 year for each of the purposes described in paragraph (1) (A)-(C) of this
 subsection; and []  (B) a proposal on the allocation of amounts to be made
 available to finance grants and loans for capital projects for new fixed
 guideway systems and extensions to existing fixed guideway systems among
 applicants for those amounts. []  (3) A person applying for, or receiving, assistance for a
 project described in paragraph (1) (A), (B), or (C) of this subsection
 may receive assistance for a project described in another of those
 clauses. []  (k) UNDERTAKING PROJECTS IN ADVANCE- (1) The Secretary
 of Transportation may pay the Government's share of the net project cost
 to a State or local governmental authority that carries out any part of a
 project described in this section or a substitute transit project described in
 section 103(e)(4) of title 23 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 or section 103(e)(4) of title 23. []  (2) 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. However, the amount of interest under this paragraph
 may not be more than the amount by which the estimated cost of carrying
 out the part (if it would be carried out at the time the part is converted
 to a regularly financed project) exceeds the actual cost (except interest)
 of carrying out the part. []  (3) The Secretary of Transportation shall consider changes
 in capital project cost indices when determining the estimated cost under
 paragraph (2) of this subsection. [] Sec. 5307. Grants and loans for special needs of the elderly
 and handicapped []  (a) GENERAL AUTHORITY- The Secretary of Transportation may
 make grants and loans to-- []  (1) State and local governmental authorities to help them
 provide mass transportation service planned, designed, and carried out to meet
 the special needs of elderly and handicapped individuals; and []  (2) private nonprofit corporations and associations to help
 them provide that transportation service when the transportation service
 provided under clause (1) of this subsection is unavailable, insufficient,
 or inappropriate. []  (b) APPLICATION OF SECTION 5306- (1) A grant or loan under
 subsection (a)(1) of this section is subject to all requirements of a grant
 or loan under section 5306 of this title, and is deemed to have been made
 under section 5306. []  (2) A grant or loan under subsection (a)(2) of this section
 is subject to requirements similar to those under paragraph (1) of this
 subsection to the extent the Secretary considers appropriate. []  (c) MINIMUM REQUIREMENTS AND PROCEDURES FOR RECIPIENTS- In
 carrying out section 5301(d) of this title, section 165(b) of the Federal-Aid
 Highway Act of 1973 (Public Law 93-87, 87 Stat. 282), and section 504 of
 the Rehabilitation Act of 1973 (29 U.S.C. 794) (consistent with United
 States Government-wide standards to carry out section 504), the Secretary
 shall prescribe regulations establishing minimum criteria a recipient of
 Government financial assistance under this chapter or a law referred to in
 section 165(b) shall comply with in providing mass transportation service
 to elderly and handicapped individuals and procedures for the Secretary
 to monitor compliance with the criteria. The regulations shall include
 provisions for ensuring that organizations and groups representing elderly
 and handicapped individuals are given adequate notice of, and an opportunity
 to comment on, the proposed activity of a recipient to achieve compliance
 with the regulations. []  (d) INCREASED GOVERNMENT SHARE FOR NONREQUIRED PROJECTS- A
 grant of the Government under section 5304, 5306, or 5308 of this title for
 a capital improvement project that enhances the accessibility for elderly
 and handicapped individuals to mass transportation service and that is not
 required by a law of the United States is for 95 percent of the cost of
 the project. []  (e) FARES NOT REQUIRED- This chapter does not require that
 elderly and handicapped individuals be charged a fare. [] Sec. 5308. Financial assistance for other than urbanized areas
 []  (a) DEFINITION- In this section, `recipient' includes a
 State authority, a local governmental authority, a nonprofit organization,
 and an operator of mass transportation service. []  (b) GENERAL AUTHORITY- (1) The Secretary of Transportation
 may make grants for transportation projects that are included in a
 State program of mass transportation service projects (including service
 agreements with private providers of mass transportation service) for areas
 other than urbanized areas. The program shall be submitted annually to the
 Secretary. The Secretary may approve the program only if the Secretary finds
 that the program provides a fair distribution of amounts in the State,
 including Indian reservations, and the maximum feasible coordination of
 mass transportation service assisted under this section with transportation
 service assisted by other United States Government sources. []  (2) The Secretary of Transportation shall carry out a rural
 transportation assistance program in nonurbanized areas. In carrying out this
 paragraph, the Secretary may make grants and contracts for transportation
 research, technical assistance, training, and related support services in
 nonurbanized areas. []  (c) APPORTIONING AMOUNTS- The Secretary of Transportation
 shall apportion amounts made available under section 5325(b)(1) of this
 title so that the chief executive officer of each State receives an amount
 equal to the total amount apportioned multiplied by a ratio equal to the
 population of areas other than urbanized areas in a State divided by the
 population of all areas other than urbanized areas in the United States,
 as shown by the latest Government census. The amount may be obligated by
 the chief executive officer for 2 years after the fiscal year in which
 the amount is apportioned. An amount that is not obligated at the end of
 that period shall be reapportioned among the States for the next fiscal
 year. []  (d) USE FOR LOCAL TRANSPORTATION SERVICE- A State may use an
 amount apportioned under this section for a project included in a program
 under subsection (b) of this section and eligible for assistance under
 this chapter if the project will provide local transportation service,
 as defined by the Secretary of Transportation, in an area other than an
 urbanized area. []  (e) USE FOR ADMINISTRATION AND TECHNICAL ASSISTANCE- (1)
 The Secretary of Transportation may allow a State to use not more than
 15 percent of the amount apportioned under this section to administer
 this section and provide technical assistance to a recipient, including
 project planning, program and management development, coordination of mass
 transportation programs, and research the State considers appropriate to
 promote effective delivery of mass transportation to an area other than an
 urbanized area. []  (2) Except as provided in this section, a State carrying
 out a program of operating assistance under this section may not limit the
 level or extent of use of the Government grant for the payment of operating
 expenses. []  (f) GOVERNMENT'S SHARE OF COSTS- (1) In this subsection,
 `amounts of the Government or revenues' do not include amounts received
 under a service agreement with a State or local social service agency or
 a private social service organization. []  (2) A grant of the Government for a capital project under
 this section may not be more than 80 percent of the net cost of the project,
 as determined by the Secretary of Transportation. A grant to pay a subsidy
 for operating expenses may not be more than 50 percent of the net cost of
 the operating expense project. At least 50 percent of the remainder shall
 be provided in cash from sources other than amounts of the Government or
 revenues from providing mass transportation. Transit system amounts that make
 up the remainder shall be from an undistributed cash surplus, a replacement
 or depreciation cash fund or reserve, or new capital. []  (g) RELATIONSHIP TO OTHER LAWS- (1) Sections 5315(a)(1)(D)
 and 5321(b) of this title apply to this section but the Secretary of Labor
 may waive the application of section 5321(b). []  (2) This subsection does not affect or discharge a
 responsibility of the Secretary of Transportation under a law of the United
 States. [] Sec. 5309. Research, development, demonstration, and training
 projects []  (a) RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS-
 The Secretary of Transportation (or the Secretary of Housing and Urban
 Development when required by section 5322(h) of this title) may undertake, or
 make grants or contracts (including agreements with departments, agencies, and
 instrumentalities of the United States Government) for, research, development,
 and demonstration projects related to urban mass transportation that the
 Secretary decides will help reduce urban transportation needs, improve mass
 transportation service, or help mass transportation service meet the total
 urban transportation needs at a minimum cost. The Secretary may request
 and receive appropriate information from any source. This subsection does
 not limit the authority of the Secretary under another law. []  (b) RESEARCH, INVESTIGATIONS, AND TRAINING- (1) The Secretary
 of Transportation (or the Secretary of Housing and Urban Development when
 required by section 5322(h) of this title) may make grants to nonprofit
 institutions of higher learning-- []  (A) to conduct competent research and investigations into the
 theoretical or practical problems of urban transportation; and []  (B) to train individuals to conduct further research or
 obtain employment in an organization that plans, builds, operates, or
 manages an urban transportation system. []  (2) Research and investigations under this subsection
 include-- []  (A) the design and use of urban mass transportation systems
 and urban roads and highways; []  (B) the interrelationship between various modes of urban
 and interurban transportation; []  (C) the role of transportation planning in overall urban
 planning; []  (D) public preferences in transportation; []  (E) the economic allocation of transportation resources;
 and []  (F) the legal, financial, engineering, and esthetic aspects
 of urban transportation. []  (3) When making a grant under this subsection, the
 appropriate Secretary shall give preference to an institution that brings
 together knowledge and expertise in the various social science and technical
 disciplines related to urban transportation problems. []  (c) TRAINING FELLOWSHIPS AND INNOVATIVE TECHNIQUES AND
 METHODS- (1) The Secretary of Transportation may make grants to States,
 local governmental authorities, and operators of mass transportation systems
 to provide fellowships to train personnel employed in managerial, technical,
 and professional positions in the mass transportation field. []  (2) The Secretary of Transportation may make grants
 to State and local governmental authorities for projects that will
 use innovative techniques and methods in managing and providing mass
 transportation. []  (3) A fellowship under this subsection may be for not
 more than one year of training in an institution that offers a program
 applicable to the mass transportation industry. The recipient of the grant
 shall select an individual on the basis of demonstrated ability and for
 the contribution the individual reasonably can be expected to make to an
 efficient mass transportation operation. A grant for a fellowship may not
 be more than the lesser of $24,000 or 75 percent of-- []  (A) tuition and other charges to the fellowship recipient;
 []  (B) additional costs incurred by the training institution
 and billed to the grant recipient; and []  (C) the regular salary of the fellowship recipient for
 the period of the fellowship to the extent the salary is actually paid or
 reimbursed by the grant recipient. [] Sec. 5310. National advisory council and transportation
 centers []  (a) NATIONAL ADVISORY COUNCIL- (1) The Department of
 Transportation has a national advisory council. The council shall--
 []  (A) coordinate the research and training to be carried out
 by grant recipients under this section; []  (B) disseminate the results of the research; []  (C) act as a clearinghouse between university transportation
 centers and the transportation industry; and []  (D) review and evaluate programs the centers carry
 out. []  (2) The council is composed of the following individuals:
 []  (A) the directors of the regional transportation centers
 established under subsection (b) of this section. []  (B) 19 individuals appointed by the Secretary of
 Transportation as follows: []  (i) 6 officers of the Department, one representing each
 of the Office of the Secretary, the Federal Highway Administration, the
 Urban Mass Transportation Administration, the National Highway Traffic
 Safety Administration, the Research and Special Programs Administration,
 and the Federal Railroad Administration. []  (ii) 5 representatives of State and local
 governments. []  (iii) 8 representatives of the transportation industry,
 including private providers of mass transportation services, and organizations
 of employees in the transportation industry. []  (3) A vacancy on the council is filled in the same way as
 the original selection. []  (4)(A) The Secretary of Transportation shall designate the
 chairman of the council. []  (B) The members of the council appointed by the Secretary
 of Transportation serve without pay. []  (5) The council shall meet at least once each year and at
 other times the chairman designates. []  (6) The council may obtain information necessary to carry
 out this section directly from a department, agency, or instrumentality of
 the United States Government. On request of the chairman of the council,
 the head of the department, agency, or instrumentality shall give the
 council the information. []  (7) Section 14 of the Federal Advisory Committee Act (5
 App. U.S.C.) does not apply to the council. []  (b) GRANTS FOR REGIONAL TRANSPORTATION CENTERS- The
 Secretary of Transportation (or the Secretary of Housing and Urban
 Development when required by section 5322(h) of this title) shall make
 grants to nonprofit institutions of higher learning to establish and operate
 regional transportation centers in each of the 10 Government regions that
 comprise the Standard Federal Regional Boundary System. []  (c) APPLICATIONS- A nonprofit institution of higher
 learning interested in receiving a grant under this section shall submit
 an application to the appropriate Secretary in the way and containing
 the information the Secretary prescribes. The Secretary shall select each
 recipient on the basis of the following: []  (1) the regional transportation center is located in a State
 that is representative of the needs of the Government region for improved
 transportation and facilities. []  (2) the demonstrated research and extension resources
 available to the recipient to carry out this section. []  (3) the capability of the recipient to provide leadership
 in making national and regional contributions to the solution of immediate
 and long-range transportation problems. []  (4) the recipient has an established transportation program
 encompassing several modes of transportation. []  (5) the recipient has a demonstrated commitment of at least
 $200,000 in regularly budgeted institutional amounts each year to support
 ongoing transportation research programs. []  (6) the recipient has a demonstrated ability to disseminate
 results of transportation research and educational programs through a
 statewide or regionwide continuing educational program. []  (7) the projects the recipient proposes to carry out under
 the grant. []  (d) DUTIES- (1) At each regional transportation center,
 the following shall be carried out: []  (A) infrastructure research on transportation. []  (B) research and training on the transportation of passengers
 and property and the interpretation, publication, and dissemination of the
 results of the research. []  (2) Each transportation center-- []  (A) should carry out research on more than one mode of
 transportation; and []  (B) should consider the proportion of amounts for this
 section from amounts available to carry out urban mass transportation
 projects under this chapter and from the Highway Trust Fund. []  (3) At one of the transportation centers, research may be
 carried out on the testing of new bus models. []  (e) MAINTENANCE OF EXPENDITURES- Before making a grant
 under this section, the appropriate Secretary may require the recipient
 to make an agreement with the Secretary to ensure that the recipient will
 maintain total expenditures from all other sources to establish and operate
 a regional transportation center and related research activities at a level
 at least equal to the average level of those expenditures in its 2 fiscal
 years prior to April 2, 1987. []  (f) GOVERNMENT'S SHARE OF COSTS- (1) A grant under this
 section is for 50 percent of the cost of establishing and operating the
 regional transportation center and related research activities the recipient
 carries out. []  (2) At least 5 percent of the amounts made available to
 carry out this section in a fiscal year are available to carry out technology
 transfer activities. []  (3) The appropriate Secretary shall allocate amounts available
 to carry out this section equitably among the Government regions. []  (g) CARRYING OUT SECTION THROUGH OFFICE OF SECRETARY- The
 appropriate Secretary shall carry out this section through the Office of
 that Secretary. [] Sec. 5311. Bus testing facility []  (a) ESTABLISHMENT- The Secretary of Transportation shall
 establish one facility for testing a new bus model for maintainability,
 reliability, safety, performance, structural integrity, fuel economy,
 and noise. The facility shall be established by renovating a facility
 built with assistance of the United States Government to train rail
 personnel. []  (b) OPERATION AND MAINTENANCE- The Secretary shall make a
 contract with a qualified person to operate and maintain the facility. The
 contract may provide for the testing of rail cars and other vehicles at
 the facility. []  (c) FEES- The person operating and maintaining the
 facility shall establish and collect fees for the testing of vehicles at
 the facility. The Secretary must approve the fees. [] Sec. 5312. Bicycle facilities []  A project to provide access for bicycles to mass
 transportation facilities, to provide shelters and parking facilities
 for bicycles in or around mass transportation facilities, or to install
 equipment for transporting bicycles on mass transportation vehicles is a
 capital project eligible for assistance under sections  5304, 5306, and
 5308 of this title. Notwithstanding sections  5304(e), 5306(f)(1), and
 5308(f) of this title, a grant of the United States Government under this
 chapter for a project under this section is for 90 percent of the cost of
 the project. [] Sec. 5313. Crime prevention and security []  The Secretary of Transportation may make capital grants from
 amounts available under section 5325 of this title to mass transportation
 systems for crime prevention and security. This chapter does not prevent the
 financing of a project under this section when a local governmental authority
 other than the grant applicant has law enforcement responsibilities. [] Sec. 5314. Human resource programs []  The Secretary of Transportation may undertake, or make grants
 and contracts for, programs that address human resource needs as they apply
 to mass transportation activities. A program may include-- []  (1) an employment training program; []  (2) an outreach program to increase minority and female
 employment in mass transportation activities; []  (3) research on mass transportation personnel and training
 needs; and []  (4) training and assistance for minority business
 opportunities. [] Sec. 5315. General limitations on assistance []  (a) INTERESTS IN PROPERTY- (1) Financial assistance
 provided under this chapter to a State or a local governmental authority
 may be used to acquire an interest in, or buy property of, a private mass
 transportation company, for a capital project for property acquired from a
 private mass transportation company after July 9, 1964, or to operate mass
 transportation equipment or a mass transportation facility in competition
 with, or in addition to, transportation service provided by an existing
 mass transportation company, only if-- []  (A) the Secretary of Transportation finds the assistance is
 essential to a program of projects required under section 5303 of this title;
 []  (B) the Secretary of Transportation finds that the program,
 to the maximum extent feasible, provides for the participation of private
 mass transportation companies; []  (C) just compensation under State or local law will be paid
 to the company for its franchise or property; and []  (D) the Secretary of Labor certifies that the assistance
 complies with section 5321(b) of this title. []  (2) A governmental authority may not use financial assistance
 of the United States Government to acquire land, equipment, or a facility
 used in mass transportation from another governmental authority in the same
 geographic area. []  (b) NOTICE AND PUBLIC HEARING- (1) An application for a grant
 or loan under this chapter (except section 5304) for a capital project that
 will affect substantially a community, or the mass transportation service of
 a community, must include a certificate of the applicant that the applicant
 has-- []  (A) provided an adequate opportunity for a public hearing
 with adequate prior notice; []  (B) held that hearing unless no one with a significant
 economic, social, or environmental interest requested one; []  (C) considered the economic, social, and environmental
 effects of the project; and []  (D) found that the project is consistent with official
 plans for developing the urban area. []  (2) Notice of a hearing under this subsection shall include
 a concise description of the proposed project and shall be published in a
 newspaper of general circulation in the geographic area the project will
 serve. If a hearing is held, a copy of the transcript of the hearing shall
 be submitted with the application. []  (c) ACQUIRING NEW BUS MODELS- Amounts appropriated or made
 available under this chapter (except section 5304) after September 30, 1989,
 may be obligated or expended to acquire a new bus model only if a bus of
 the model has been tested at the facility established under section 5311
 of this title. []  (d) BUYING AND OPERATING BUSES- (1) Financial assistance under
 this chapter may be used to buy or operate a bus only if the applicant,
 governmental authority, or publicly owned operator that receives the
 assistance agrees that, except as provided in the agreement, the governmental
 authority or an operator of mass transportation for the governmental
 authority will not provide charter bus transportation service outside the
 urban area in which it provides regularly scheduled mass transportation
 service. An agreement shall provide for a fair arrangement the Secretary of
 Transportation considers appropriate to ensure that the assistance will not
 enable a governmental authority or an operator for a governmental authority
 to foreclose a private operator from providing intercity charter bus service
 if the private operator can provide the service. []  (2) On receiving a complaint about a violation of an
 agreement, the Secretary of Transportation shall investigate and decide
 whether a violation has occurred. If the Secretary decides that a violation
 has occurred, the Secretary shall correct the violation under terms of
 the agreement. In addition to a remedy specified in the agreement, the
 Secretary may bar a recipient under this subsection or an operator from
 receiving further assistance when the Secretary finds a continuing pattern
 of violations of the agreement. []  (e) BUS PASSENGER SEAT FUNCTIONAL SPECIFICATIONS- The
 initial advertising by a State or local governmental authority for bids to
 acquire buses using financial assistance under this chapter (except section
 5304) may include passenger seat functional specifications that are at
 least equal to performance specifications the Secretary of Transportation
 prescribes. The specifications shall be based on a finding by the State
 or local governmental authority of local requirements for safety, comfort,
 maintenance, and life cycle costs. []  (f) SCHOOLBUS TRANSPORTATION- (1) Financial assistance
 under this chapter may be used for a capital project, or to operate mass
 transportation equipment or a mass transportation facility, only if the
 applicant agrees not to provide schoolbus transportation that exclusively
 transports students and school personnel in competition with a private
 schoolbus operator. This subsection does not apply-- []  (A) to an applicant that operates a school system in the
 area to be served and a separate and exclusive schoolbus program for the
 school system; []  (B) unless a private schoolbus operator can provide adequate
 transportation that complies with applicable safety standards at reasonable
 rates; and []  (C) to a State or local governmental authority if it
 or a direct predecessor in interest from which it acquired the duty of
 transporting school children and personnel, and facilities to transport
 them, provided schoolbus transportation at any time after November 25,
 1973, but before November 26, 1974. []  (2) An applicant violating an agreement under this subsection
 may not receive other financial assistance under this chapter. []  (g) BUYING BUSES UNDER OTHER LAWS- Subsections (d) and (f)
 of this section apply to financial assistance to buy a bus under sections
 103(e)(4) and 142 (a) or (c) of title 23. However, subsection (f)(1)(C)
 of this section applies to sections 103(e)(4) and 142 (a) or (c) only if
 schoolbus transportation was provided at any time after August 12, 1972,
 but before August 13, 1973. []  (h) GRANT AND LOAN PROHIBITIONS- A grant or loan may not
 be used to-- []  (1) pay ordinary governmental or nonproject operating
 expenses; or []  (2) support a procurement that uses an exclusionary or
 discriminatory specification. [] Sec. 5316. Limitations on discretionary and special needs
 grants and loans []  (a) RELOCATION PROGRAM REQUIREMENTS- Financial assistance
 may be provided under section 5306 of this title only if the Secretary of
 Transportation decides that-- []  (1) an adequate relocation program is being carried out
 for families displaced by a project; and []  (2) an equal number of decent, safe, and sanitary dwellings
 are being, or will be, provided to those families in the same area or
 in another area generally not less desirable for public utilities and
 public and commercial facilities, at rents or prices within the financial
 means of those families, and with reasonable access to their places of
 employment. []  (b) ECONOMIC, SOCIAL, AND ENVIRONMENTAL INTERESTS- (1) In
 carrying out section 5301(e) of this title, the Secretary of Transportation
 shall cooperate and consult with the Secretaries of Agriculture, Health
 and Human Services, Housing and Urban Development, and the Interior and the
 Council on Environmental Quality on each project that may have a substantial
 impact on the environment. []  (2) In carrying out section 5306 of this title, the Secretary
 of Transportation shall review each transcript of a hearing submitted under
 section 5315(b) of this title to establish that an adequate opportunity
 to present views was given to all parties with a significant economic,
 social, or environmental interest and that the project application includes
 a statement on-- []  (A) the environmental impact of the proposal; []  (B) adverse environmental effects that cannot be avoided;
 []  (C) alternatives to the proposal; and []  (D) irreversible and irretrievable impacts on the
 environment. []  (3)(A) The Secretary of Transportation may approve an
 application for financial assistance under section 5306 of this title only
 if the Secretary makes written findings, after reviewing the application
 and any hearings held before a State or local governmental authority under
 section 5315(b) of this title, that-- []  (i) an adequate opportunity to present views was given to
 all parties with a significant economic, social, or environmental interest;
 []  (ii) the preservation and enhancement of the environment,
 and the interest of the community in which a project is located, were
 considered; and []  (iii) no adverse environmental effect is likely to result from
 the project, or no feasible and prudent alternative to the effect exists and
 all reasonable steps have been taken to minimize the effect. []  (B) If a hearing has not been conducted or the Secretary
 of Transportation decides that the record of the hearing is inadequate for
 making the findings required by this subsection, the Secretary shall conduct
 a hearing on an environmental issue raised by the application after giving
 adequate notice to interested persons. []  (C) A finding of the Secretary of Transportation under
 subparagraph (A) of this paragraph shall be made a matter of public
 record. []  (c) PROHIBITIONS AGAINST REGULATING OPERATIONS AND CHARGES-
 The Secretary of Transportation may not regulate the operation of a mass
 transportation system for which a grant is made under section 5306 of
 this title and, after a grant is made, may not regulate any charge for the
 system. However, the Secretary may require the local governmental authority,
 corporation, or association to comply with any undertaking provided by it
 related to its grant application. [] Sec. 5317. Contract requirements []  (a) NONCOMPETITIVE BIDDING- A capital project or improvement
 contract for which a grant or loan is made under this chapter, if the contract
 is not made through competitive bidding, shall provide that records related
 to the contract shall be made available to the Secretary of Transportation
 and the Comptroller General, or an officer or employee of the Secretary or
 Comptroller General, when conducting an audit and inspection. []  (b) ACQUIRING ROLLING STOCK- A recipient of financial
 assistance of the United States Government under this chapter may make a
 contract to expend that assistance to acquire rolling stock-- []  (1) based on-- []  (A) initial capital costs; or []  (B) performance, standardization, life cycle costs, and
 other factors; or []  (2) with a party selected through a competitive procurement
 process. []  (c) PROCURING ASSOCIATED CAPITAL MAINTENANCE ITEMS-
 A recipient of a grant under section 5304 of this title procuring an
 associated capital maintenance item under section 5304(b) may make a
 contract directly with the original manufacturer or supplier of the item
 to be replaced, without receiving prior approval of the Secretary, if the
 recipient first certifies in writing to the Secretary that-- []  (1) the manufacturer or supplier is the only source for
 the item; and []  (2) the price of the item is no more than the price similar
 customers pay for the item. []  (d) MANAGEMENT, ARCHITECTURAL, AND ENGINEERING CONTRACTS-
 A contract for program management, construction management, a feasibility
 study, and preliminary engineering, design, architectural, engineering,
 surveying, mapping, or related services for a project for which a grant
 or loan is made under this chapter shall be awarded in the same way as a
 contract for architectural and engineering services is negotiated under
 title IX of the Federal Property and Administrative Services Act of 1949
 (40 U.S.C. 541 et seq.) or an equivalent qualifications-based requirement of
 a State. This subsection does not apply to the extent a State has adopted or
 adopts by law a formal procedure for procuring those services. [] Sec. 5318. Project management oversight []  (a) PROJECT MANAGEMENT PLAN REQUIREMENTS- To receive United
 States Government financial assistance for a major capital project under
 this chapter or the National Capital Transportation Act of 1969 (Public
 Law 91-143, 83 Stat. 320), a recipient must prepare and carry out a project
 management plan approved by the Secretary of Transportation. The plan shall
 provide for-- []  (1) adequate recipient staff organization with well-defined
 reporting relationships, statements of functional responsibilities, job
 descriptions, and job qualifications; []  (2) a budget covering the project management organization,
 appropriate consultants, property acquisition, utility relocation, systems
 demonstration staff, audits, and miscellaneous payments the recipient may
 be  prepared to justify; []  (3) a construction schedule for the project; []  (4) a document control procedure and recordkeeping system;
 []  (5) a change order procedure that includes a documented,
 systematic approach to the handling of construction change orders;
 []  (6) organizational structures, management skills, and
 staffing levels required throughout the construction phase; []  (7) quality control and quality assurance functions,
 procedures, and responsibilities for construction, system installation,
 and integration of system components; []  (8) material testing policies and procedures; []  (9) internal plan implementation and reporting requirements;
 []  (10) criteria and procedures to be used for testing the
 operational system or its major components; []  (11) periodic updates of the plan, especially related to
 project budget and project schedule, financing, ridership estimates, and
 the status of local efforts to enhance ridership where ridership estimates
 partly depend on the success of those efforts; and []  (12) the recipient's commitment to submit a project budget
 and project schedule to the Secretary each month. []  (b) PLAN APPROVAL- (1) The Secretary shall approve a plan
 not later than 60 days after it is submitted. If the approval cannot be
 completed within 60 days, the Secretary shall notify the recipient, explain
 the reasons for the delay, and estimate the additional time that will be
 required. []  (2) The Secretary shall inform the recipient of the reasons
 when a plan is disapproved. []  (c) LIMITATIONS ON USE OF AVAILABLE AMOUNTS- (1) The
 Secretary may use not more than .5 percent of amounts made available for
 a fiscal year under-- []  (A) section 5325(b)(1) of this title to make a contract to
 oversee the construction of a major project under section 5304 or 5308 of
 this title; []  (B) section 5325(c)(2) of this title to carry out section
 5306 of this title to make a contract to oversee the construction of a
 major project under section 5306; []  (C) section 4(g) of the Urban Mass Transportation Act
 of 1964 to make a contract to oversee the construction of a major mass
 transportation project substituted for an Interstate segment withdrawn
 under section 103(e)(4) of title 23; and []  (D) section 14(b) of the National Capital Transportation
 Act of 1969 (Public Law 91-143, 83 Stat. 320), as added by section 2 of
 the National Capital Transportation Amendments of 1979 (Public Law 96-184,
 93 Stat. 1320), to make a contract to oversee the construction of a major
 project under the Act. []  (2) The Secretary may use amounts available under paragraph
 (1) of this subsection to make contracts for safety, procurement, management,
 and financial compliance reviews and audits of a recipient of amounts under
 paragraph (1). Subsections (a), (b), and (e) of this section do not apply
 to contracts under this paragraph. []  (3) The Government shall pay the entire cost of carrying
 out a contract under this subsection. []  (d) ACCESS TO SITES AND RECORDS- Each recipient of assistance
 under this chapter or section 14(b) of the National Capital Transportation
 Act of 1969 (Public Law 91-143, 83 Stat. 320), as added by section 2 of
 the National Capital Transportation Amendments of 1979 (Public Law 96-184,
 93 Stat. 1320), shall provide the Secretary and a contractor the Secretary
 chooses under subsection (c) of this section with access to the construction
 sites and records of the recipient when reasonably necessary. []  (e) REGULATIONS- The Secretary shall prescribe regulations
 necessary to carry out this section. The regulations shall include--
 []  (1) a definition of `major capital project' for subsection
 (c) of this section that excludes a project to acquire rolling stock or to
 maintain or rehabilitate a vehicle; and []  (2) a requirement that oversight begin during the preliminary
 engineering stage of a project, unless the Secretary finds it more appropriate
 to begin the oversight during another stage of the project, to maximize the
 transportation benefits and cost savings associated with project management
 oversight. [] Sec. 5319. Investigation of safety hazards []  The Secretary of Transportation may investigate a condition in
 equipment, a facility, or an operation financed under this chapter that the
 Secretary believes causes a serious hazard of death or injury to establish
 the nature and extent of the condition and how to eliminate or correct
 it. If the Secretary establishes that a condition causes a hazard, the
 Secretary shall require the local governmental authority receiving amounts
 under this chapter to submit a plan for correcting it. The Secretary may
 withhold further financial assistance under this chapter until a plan is
 approved and carried out. [] Sec. 5320. Nondiscrimination []  (a) DEFINITION- In this section, `person' includes
 a governmental authority, political subdivision, authority, legal
 representative, trust, unincorporated organization, trustee, trustee in
 bankruptcy, and receiver. []  (b) PROHIBITIONS- A person may not be excluded from
 participating in, denied a benefit of, or discriminated against under,
 a project, program, or activity receiving financial assistance under
 this chapter because of race, color, creed, national origin, sex, or
 age. []  (c) COMPLIANCE- (1) The Secretary of Transportation shall
 take affirmative action to ensure compliance with subsection (b) of this
 section. []  (2) When the Secretary decides that a person receiving
 financial assistance under this chapter is not complying with subsection (b)
 of this section, a civil rights law of the United States, or a regulation
 or order under that law, the Secretary shall notify the person of the
 decision and require action be taken to ensure compliance with subsection
 (b). []  (d) AUTHORITY OF SECRETARY FOR NONCOMPLIANCE- If a person
 does not comply with subsection (b) of this section within a reasonable
 time after receiving notice, the Secretary shall-- []  (1) direct that no further financial assistance of the United
 States Government under this chapter be provided to the person; []  (2) refer the matter to the Attorney General with a
 recommendation that a civil action be brought; []  (3) proceed under title VI of the Civil Rights Act of 1964
 (42 U.S.C. 2000d et seq.); and []  (4) take any other action provided by law. []  (e) CIVIL ACTIONS BY ATTORNEY GENERAL- The Attorney General
 may bring a civil action for appropriate relief when-- []  (1) a matter is referred to the Attorney General under
 subsection (d)(2) of this section; or []  (2) the Attorney General believes a person is engaged in
 a pattern or practice in violation of this section. []  (f) APPLICATION AND RELATIONSHIP TO OTHER LAWS- This section
 applies to an employment or business opportunity and is in addition to title
 VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). [] Sec. 5321. Labor standards []  (a) PREVAILING WAGES REQUIREMENT- The Secretary of
 Transportation shall ensure that laborers and mechanics employed by
 contractors and subcontractors in construction work financed with a grant
 or loan under this chapter be paid wages not less than those prevailing
 on similar construction in the locality, as determined by the Secretary
 of Labor under the Act of March 3, 1931 (known as the Davis-Bacon Act)
 (40 U.S.C. 276a--276a-5). The Secretary of Transportation may approve a
 grant or loan only after being assured that required labor standards will
 be maintained on the construction work. For a labor standard under this
 subsection, the Secretary of Labor has the same duties and powers stated
 in Reorganization Plan No. 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267)
 and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c). []  (b) EMPLOYEE PROTECTIVE ARRANGEMENTS- (1) As a condition
 of financial assistance under sections 5304-5309 of this title, the
 interests of employees affected by the assistance shall be protected under
 arrangements the Secretary of Labor concludes are fair and equitable. The
 agreement granting the assistance under sections 5304-5309 shall specify
 the arrangements. []  (2) Arrangements under this subsection shall include--
 []  (A) the preservation of rights, privileges, and benefits
 (including continuation of pension rights and benefits) under existing
 collective bargaining agreements or otherwise; []  (B) the continuation of collective bargaining rights;
 []  (C) the protection of employees against a worsening of
 their positions related to employment; []  (D) assurances of employment to employees of acquired mass
 transportation systems; []  (E) assurances of priority of reemployment of employees
 whose employment is ended or who are laid off; and []  (F) paid training or retraining programs. []  (3) Arrangements under this subsection shall provide
 benefits at least equal to benefits established under section 11347 of this
 title. [] Sec. 5322. Administrative []  (a) GENERAL AUTHORITY- In carrying out this chapter, the
 Secretary of Transportation may-- []  (1) prescribe terms for a project under sections 5304 and
 5306-5308 of this title (except terms the Secretary of Labor prescribes
 under section 5321(b) of this title); []  (2) sue and be sued; []  (3) foreclose on property or bring a civil action to protect
 or enforce a right conferred on the Secretary of Transportation by law or
 agreement; []  (4) buy property related to a loan under this chapter;
 []  (5) agree to pay an annual amount in place of a State or local
 tax on real property acquired or owned under this chapter; []  (6) sell, exchange, or lease property, a security, or an
 obligation; []  (7) obtain loss insurance for property and assets the
 Secretary of Transportation holds; []  (8) consent to a modification in an agreement under this
 chapter; and []  (9) include in an agreement or instrument under this chapter
 a covenant or term the Secretary of Transportation considers necessary to
 carry out this chapter. []  (b) PROCEDURES FOR PRESCRIBING REGULATIONS- (1) The
 Secretary of Transportation shall prepare an agenda listing all areas in
 which the Secretary intends to propose regulations governing activities under
 this chapter within the following 12 months. The Secretary shall publish
 the proposed agenda in the Federal Register as part of the Secretary's
 semiannual regulatory agenda that lists regulatory activities of the Urban
 Mass Transportation Administration. The Secretary shall submit the agenda
 to the Committees on Public Works and Transportation and Appropriations
 of the House of Representatives and the Committees on Banking, Housing,
 and Urban Affairs and Appropriations of the Senate on the day the agenda
 is published. []  (2) Except for emergency regulations, the Secretary of
 Transportation shall give interested parties at least 60 days to participate
 in a regulatory proceeding under this chapter by submitting written
 information, views, or arguments, with or without an oral presentation,
 except when the Secretary for good cause finds that public notice and comment
 are unnecessary because of the routine nature or insignificant impact
 of the regulation or that an emergency regulation should be issued. The
 Secretary may extend the 60-day period if the Secretary decides the period
 is insufficient to allow diligent individuals to prepare comments or that
 other circumstances justify an extension. []  (3) An emergency regulation ends 120 days after it is
 issued. []  (c) BUDGET PROGRAM AND SET OF ACCOUNTS- The Secretary of
 Transportation shall-- []  (1) submit each year a budget program as provided in section
 9103 of title 31; and []  (2) maintain a set of accounts the Comptroller General
 shall audit under chapter 35 of title 31. []  (d) DEPOSITORY AND AVAILABILITY OF AMOUNTS- The Secretary
 of Transportation shall deposit amounts made available to the Secretary
 under this chapter in a checking account in the Treasury. Receipts, assets,
 and amounts obtained or held by the Secretary to carry out this chapter are
 available for administrative expenses to carry out this chapter. []  (e) ADVANCE AND PROGRESS PAYMENTS- Notwithstanding section
 3324(a) and (b) of title 31, the Secretary of Transportation may make
 an advance or progress payment on a grant or contract made under this
 chapter. []  (f) BINDING EFFECT OF FINANCIAL TRANSACTION- A financial
 transaction of the Secretary of Transportation under this chapter and a
 related voucher are binding on all officers and employees of the United
 States Government. []  (g) DEALING WITH ACQUIRED PROPERTY- Notwithstanding another
 law related to the Government acquiring, using, or disposing of real
 property, the Secretary of Transportation may deal with property acquired
 under subsection (a)(3) or (4) of this section in any way. However, this
 subsection does not-- []  (1) deprive a State or political subdivision of a State of
 jurisdiction of the property; or []  (2) impair the civil rights, under the laws of a State or
 political subdivision of a State, of an inhabitant of the property. []  (h) AUTHORITY OF SECRETARY OF HOUSING AND URBAN DEVELOPMENT-
 The Secretary of Housing and Urban Development shall-- []  (1) carry out sections 5309(a) and (b)(1) and 5310 of this
 title related to-- []  (A) urban transportation systems and planned development
 of urban areas; and []  (B) the role of transportation planning in overall urban
 planning; and []  (2) advise and assist the Secretary of Transportation in
 making findings under section 5315(a)(1)(A) of this title. []  (i) RELATIONSHIP TO OTHER LAWS- (1) Section 9107(a) of title
 31 applies to the Secretary of Transportation under this chapter. []  (2) Section 3709 of the Revised Statutes (41 U.S.C. 5)
 applies to a contract for more than $1,000 for services or supplies related
 to property acquired under this chapter. [] Sec. 5323. Reports and audits []  (a) REPORTING SYSTEM AND UNIFORM SYSTEM OF ACCOUNTS AND
 RECORDS- (1) To help meet the needs of individual mass transportation
 systems, the United States Government, States, political subdivisions of
 States, and the public for information on which to base mass transportation
 service planning, the Secretary of Transportation shall maintain a reporting
 system, by uniform categories, to accumulate mass transportation financial
 and operating information and a uniform system of accounts and records. The
 reporting and uniform systems shall contain appropriate information to help
 any level of government make a public sector investment decision. The
 Secretary may request and receive appropriate information from any
 source. []  (2) The Secretary may make a grant under section 5304
 of this title only if the applicant, and any person that will receive
 benefits directly from the grant, are subject to the reporting and uniform
 systems. []  (b) REPORTS- Not later than 30 days after the last day of
 each calendar quarter, the Secretary shall submit to the Committees on Public
 Works and Transportation and Appropriations of the House of Representatives
 and the Committees on Banking, Housing, and Urban Affairs and Appropriations
 of the Senate a report on-- []  (1) obligations by State, designated recipient, and applicant
 made under this chapter during the quarter; []  (2) the balance of unobligated apportionments under this
 chapter on the last day of the quarter; []  (3) the balance of unobligated amounts under this chapter
 on the last day of the quarter that the Secretary may expend; []  (4) letters of intent issued during the quarter; []  (5) letters of intent outstanding on the last day of the
 quarter; and []  (6) grant contracts executed and reimbursement authority
 established for amounts obligated for each State, designated recipient,
 and applicant. [] Sec. 5324. Apportionment of appropriations for block grants
 []  (a) BASED ON URBANIZED AREA POPULATION- Of the amount
 appropriated under section 5325(b)(1) of this title-- []  (1) 8.64 percent shall be apportioned each fiscal year only
 in urbanized areas with a population of less than 200,000 so that each of
 those areas is entitled to receive an amount equal to-- []  (A) 50 percent of the total amount apportioned multiplied by
 a ratio equal to the population of the area divided by the total population
 of all urbanized areas with populations of less than 200,000 as shown in
 the latest United States Government census; and []  (B) 50 percent of the total amount apportioned multiplied by
 a ratio for the area based on population weighted by a factor, established
 by the Secretary of Transportation, of the number of inhabitants in each
 square mile; and []  (2) 88.43 percent shall be apportioned each fiscal year
 only in urbanized areas with populations of at least 200,000 as provided
 in subsections (b) and (c) of this section. []  (b) BASED ON FIXED GUIDEWAY REVENUE VEHICLE-MILES,
 ROUTE-MILES, AND PASSENGER-MILES- (1) In this subsection, `fixed guideway
 revenue vehicle-miles' and `fixed guideway route-miles' include ferry boat
 operations directly or under contract by the designated recipient. []  (2) Of the amount apportioned under subsection (a)(2)
 of this section, 33.29 percent shall be apportioned as follows: []  (A) 95.61 percent of the total amount apportioned under this
 subsection shall be apportioned so that each urbanized area with a population
 of at least 200,000 is entitled to receive an amount equal to-- []  (i) 60 percent of the 95.61 percent apportioned under this
 subparagraph multiplied by a ratio equal to the number of fixed guideway
 revenue vehicle-miles attributable to the area, as established by the
 Secretary of Transportation, divided by the total number of all fixed
 guideway revenue vehicle-miles attributable to all areas; and []  (ii) 40 percent of the 95.61 percent apportioned under this
 subparagraph multiplied by a ratio equal to the number of fixed guideway
 route-miles attributable to the area, established by the Secretary, divided
 by the total number of all fixed guideway route-miles attributable to all
 areas. []  (B) 4.39 percent of the total amount apportioned under this
 subsection shall be apportioned so that each urbanized area with a population
 of at least 200,000 is entitled to receive an amount equal to-- []  (i) the number of fixed guideway vehicle passenger-miles
 traveled multiplied by the number of fixed guideway vehicle passenger-miles
 traveled for each dollar of operating cost in an area; divided by []  (ii) the total number of fixed guideway vehicle
 passenger-miles traveled multiplied by the total number of fixed guideway
 vehicle passenger-miles traveled for each dollar of operating cost in all
 areas. []  (C) An urbanized area with a population of at least 750,000
 in which commuter rail transportation is provided shall receive at least .75
 percent of the total amount apportioned under this subsection. []  (D) Under subparagraph (A) of this paragraph, fixed guideway
 revenue vehicle- or route-miles, and passengers served on those miles, in an
 urbanized area with a population of less than 200,000, where the miles and
 passengers served otherwise would be attributable to an urbanized area with
 a population of at least 1,000,000 in an adjacent State, are attributable
 to the governmental authority in the State in which the urbanized area with
 a population of less than 200,000 is located. The authority is deemed an
 urbanized area with a population of at least 200,000 if the authority makes
 a contract for the service. []  (c) BASED ON BUS REVENUE VEHICLE-MILES AND PASSENGER-MILES-
 Of the amount apportioned under subsection (a)(2) of this section, 66.71
 percent shall be apportioned as follows: []  (1) 90.8 percent of the total amount apportioned under this
 subsection shall be apportioned as follows: []  (A) 73.39 percent of the 90.8 percent apportioned under
 this paragraph shall be apportioned so that each urbanized area with a
 population of at least 1,000,000 is entitled to receive an amount equal to--
 []  (i) 50 percent of the 73.39 percent apportioned under
 this subparagraph multiplied by a ratio equal to the total bus revenue
 vehicle-miles operated in or directly serving the urbanized area divided by
 the total bus revenue vehicle-miles attributable to all areas; []  (ii) 25 percent of the 73.39 percent apportioned under
 this subparagraph multiplied by a ratio equal to the population of the
 area divided by the total population of all areas, as shown by the latest
 Government census; and []  (iii) 25 percent of the 73.39 percent apportioned under
 this subparagraph multiplied by a ratio for the area based on population
 weighted by a factor, established by the Secretary of Transportation,
 of the number of inhabitants in each square mile. []  (B) 26.61 percent of the 90.8 percent apportioned under
 this paragraph shall be apportioned so that each urbanized area with a
 population of at least 200,000 but not more than 999,999 is entitled to
 receive an amount equal to-- []  (i) 50 percent of the 26.61 percent apportioned under
 this subparagraph multiplied by a ratio equal to the total bus revenue
 vehicle-miles operated in or directly serving the urbanized area divided by
 the total bus revenue vehicle-miles attributable to all areas; []  (ii) 25 percent of the 26.61 percent apportioned under
 this subparagraph multiplied by a ratio equal to the population of the
 area divided by the total population of all areas, as shown by the latest
 Government census; and []  (iii) 25 percent of the 26.61 percent apportioned under
 this subparagraph multiplied by a ratio for the area based on population
 weighted by a factor, established by the Secretary of Transportation,
 of the number of inhabitants in each square mile. []  (2) 9.2 percent of the total amount apportioned under this
 subsection shall be apportioned so that each urbanized area with a population
 of at least 200,000 is entitled to receive an amount equal to-- []  (A) the number of bus passenger-miles traveled multiplied
 by the number of bus passenger-miles traveled for each dollar of operating
 cost in an area; divided by []  (B) the total number of bus passenger-miles traveled
 multiplied by the total number of bus passenger-miles traveled for each
 dollar of operating cost in all areas. []  (d) OPERATING ASSISTANCE- (1) The total amount apportioned
 under this section that may be used for operating assistance may not be
 more than-- []  (A) 80 percent of the total amount apportioned in the
 fiscal year ending September 30, 1982, under section 5(a) (1)(A), (2)(A),
 and (3)(A) of the Urban Mass Transportation Act of 1964 to urbanized areas
 with populations of at least 1,000,000; []  (B) 90 percent of the total amount apportioned in that
 year under section 5(a) (1)(A), (2)(A), and (3)(A) to urbanized areas with
 populations of at least 200,000 but not more than 999,999; []  (C) 95 percent of the total amount apportioned in that
 year under section 5(a) (1)(A), (2)(A), and (3)(A) to urbanized areas with
 populations of less than 200,000; or []  (D) two-thirds of the total amount apportioned under this
 section during the first complete year an urbanized area received amounts
 under this section if the area first became an urbanized area under the
 1980 Government census or later. []  (2) Amounts apportioned under paragraph (1)(C) of this
 subsection shall be increased on October 1 of each year by an amount equal
 to the amount applicable to each urbanized area under paragraph (1)(C)
 (except increases under this paragraph), multiplied by the percentage
 increase in the Consumer Price Index for all-urban consumers published by
 the Secretary of Labor during the most recent calendar year. []  (e) DATE OF APPORTIONMENT- The Secretary of Transportation
 shall-- []  (1) apportion amounts appropriated under section 5325(b)(1)
 of this title to carry out section 5304 of this title not later than the
 10th day after the date the amounts are appropriated or October 1 of the
 fiscal year for which the amounts are appropriated, whichever is later;
 and []  (2) publish apportionments of the amounts, including amounts
 attributable to each urbanized area with a population of more than 50,000
 and amounts attributable to each State of a multistate urbanized area,
 on the apportionment date. []  (f) AMOUNTS NOT APPORTIONED TO DESIGNATED RECIPIENTS- The
 chief executive officer of a State may expend in an urbanized area with a
 population of less than 200,000 an amount apportioned under this section
 that is not apportioned to a designated recipient as defined in section
 5304(a) of this title. []  (g) TRANSFERS OF APPORTIONMENTS- (1) The chief executive
 officer of a State may transfer any part of the State's apportionment
 under subsection (a)(1) of this section to supplement amounts apportioned
 to the State under section 5308(c) of this title or amounts apportioned
 to urbanized areas under this subsection. The chief executive officer may
 make a transfer only after consulting with responsible local officials and
 publicly owned operators of mass transportation in each area for which the
 amount originally was apportioned under this section. []  (2) The chief executive officer of a State may transfer
 any part of the State's apportionment under section 5308(c) of this title
 to supplement amounts apportioned to the State under subsection (a)(1)
 of this section. []  (3) The chief executive officer of a State may use throughout
 the State amounts of a State's apportionment remaining available for
 obligation at the beginning of the 90-day period before the period of the
 availability of the amounts expires. []  (4) A designated recipient for an urbanized area with a
 population of at least 200,000 may transfer a part of its apportionment
 under this section to the chief executive officer of a State. The chief
 executive officer shall distribute the transferred amounts to urbanized
 areas under this section. []  (5) Capital and operating assistance limitations applicable
 to the original apportionment apply to amounts transferred under this
 subsection. []  (h) PERIOD OF AVAILABILITY TO RECIPIENTS- An amount
 apportioned under this section may be obligated by the recipient for 3 years
 after the fiscal year in which the amount is apportioned. Not later than 30
 days after the end of the 3-year period, an amount that is not obligated at
 the end of that period shall be added to the amount that may be apportioned
 under this section in the next fiscal year. []  (i) APPLICATION OF OTHER SECTIONS- Sections 5302, 5311,
 5315(a)(1), (d), and (f), 5320, 5321, and 5322(e) of this title apply to
 this section and to a grant made under this section. Except as provided in
 this section, no other provision of this chapter applies to this section
 or to a grant made under this section. [] Sec. 5325. Authorizations []  (a) FOR SECTIONS 5303, 5306, 5307, 5309(c)(2), AND 5310-
 (1)(A) Not more than $XXXXX is available from the Mass Transit Account of
 the Highway Trust Fund for the Secretary of Transportation for the fiscal
 year ending September 30, 19X, to carry out sections 5303, 5306, 5307,
 5309(c)(2), and 5310 of this title. []  (B) Of the amount available under subparagraph (A) of this
 paragraph, not more than $XXXXX is available to carry out sections 5307
 and 5309(c)(2) of this title. []  (C)(i) Of the amount available under subparagraph (A)
 of this paragraph, not more than $XXXXX is available to carry out section
 5310 of this title. []  (ii) Not more than $XXXXX is available from the Fund (except
 the Account) for the Secretary for the fiscal year ending September 30,
 19X, to carry out section 5310 of this title. []  (2) In addition to amounts available under paragraph (1)(A)
 of this subsection, not more than the following amounts are available from
 the Account for the Secretary to carry out sections 5305 and 5306 of this
 title: []  (A) $250,000,000 for the fiscal year ending September 30,
 1989. []  (B) $300,000,000 for the fiscal year ending September 30,
 1990. []  (C) $400,000,000 for the fiscal year ending September 30,
 1991. []  (b) FOR SECTIONS 5304 AND 5308- (1) Not more than $XXXXX may
 be appropriated to the Secretary for the fiscal year ending September 30,
 19X, to carry out sections 5304 and 5308 of this title. []  (2)(A) Not more than $XXXXX may be appropriated to the
 Secretary for the fiscal year ending September 30, 19X, to carry out
 sections 5308(b)(2), 5309(a)-(c)(1), 5314, and 5322(a), (c), (d), (f),
 (g), and (i) of this title. []  (B) XX percent of the amount appropriated under subparagraph
 (A) of this paragraph is available only to carry out section 5308(b)(2)
 of this title. []  (3) Not more than $XXXXX may be appropriated to the Secretary
 for the fiscal year ending September 30, 19X, to carry out mass transportation
 projects substituted for Interstate segments withdrawn under section 103(e)(4)
 of title 23. []  (c) LIMITATIONS- Of the amounts available-- []  (1) under subsection (a)(1)(A) of this section-- []  (A) not more than $XXXXX may be used to carry out section
 5303 of this title; and []  (B) XX percent is available to finance programs and
 activities, including administrative costs, under section 5307 of this title;
 []  (2) under subsection (a)(2) of this section, XX percent
 is available for grants under section 5305 of this title and XX percent is
 available for capital grants under section 5306 of this title; []  (3) XX percent of the amounts available to finance research,
 development, and demonstration projects under section 5309(a) of this title
 is available to increase the information and technology available to provide
 mass transportation service and facilities planned and designed to meet
 the special needs of elderly and handicapped individuals; []  (4) XX percent is available for grants to a State under
 section 5309(c)(2) of this title; and []  (5) XX percent of the total amount available to carry out
 sections 5304, 5305, and 5308 of this title under subsections (a)(2) and
 (b)(1) of this section is available from amounts appropriated under subsection
 (b)(1) of this section to carry out section 5308 of this title. []  (d) ADDITIONAL AMOUNTS FOR PLANNING PURPOSES- Additional
 amounts available under subsection (c)(1) of this section may be used for
 planning purposes. []  (e) GRANTS AS CONTRACTUAL OBLIGATIONS- A grant of amounts
 available under subsection (a) of this section that is approved by the
 Secretary is a contractual obligation of the United States Government to
 pay the Government's share of the cost of the project. []  (f) EARLY APPROPRIATIONS AND AVAILABILITY OF AMOUNTS- (1)
 Amounts appropriated under subsection (b) of this section to carry out section
 5308 of this title may be appropriated in the fiscal year before the fiscal
 year in which the appropriation is available for obligation. []  (2) Amounts appropriated under subsections (a) and (b)(1) of
 this section, and subsection (b)(2) of this section to finance a project under
 section 5309(a) of this title, remain available until expended. []  (3) An obligation ceiling for a fiscal year that is less
 than the total new budget authority authorized under subsection (a)(1)(A)
 and (2) of this section first shall be applied to the budget authority
 authorized under subsection (a)(2). []  (4) Amounts appropriated under subsection (a)(2) of this
 section to carry out section 5305 of this title-- []  (A) remain available for 3 years after the fiscal year in
 which the amount is appropriated; and []  (B) that are unobligated at the end of the 3-year period
 shall be added to the amount available for apportionment for the next fiscal
 year not later than 30 days after the end of the 3-year period. [] CHAPTER 55--INTERMODAL TRANSPORTATION TERMINALS [] Sec. [] 5501. Definition. [] 5502. Assistance projects. [] 5503. Conversion of certain rail passenger terminals. [] 5504. Interim preservation of certain rail passenger
 terminals. [] 5505. Encouraging the development of plans for converting
 rail passenger terminals. [] 5506. Records and audits. [] 5507. Preference for preserving buildings of historic or
 architectural significance. [] 5508. Authorization of appropriations. [] Sec. 5501. Definition []  In this chapter, `civic and cultural activities' includes
 libraries, musical and dramatic presentations, art exhibits, adult education
 programs, public meeting places, and other facilities for carrying on
 an activity any part of which is supported under a law of the United
 States. [] Sec. 5502. Assistance projects []  (a) REQUIREMENTS TO PROVIDE ASSISTANCE- The Secretary of
 Transportation shall provide financial, technical, and advisory assistance
 under this chapter to-- []  (1) promote, on a feasibility demonstration basis,
 the conversion of at least 3 rail passenger terminals into intermodal
 transportation terminals; []  (2) preserve rail passenger terminals that reasonably are
 likely to be converted or maintained pending preparation of plans for their
 reuse; []  (3) acquire and use space in suitable buildings of historic
 or architectural significance but only if use of the space is feasible and
 prudent when compared to available alternatives; and []  (4) encourage State and local governments, local and regional
 transportation authorities, common carriers, philanthropic organizations,
 and other responsible persons to develop plans to convert rail passenger
 terminals into intermodal transportation terminals and civic and cultural
 activity centers. []  (b) EFFECT ON ELIGIBILITY- This chapter does not affect
 the eligibility of any rail passenger terminal for preservation or reuse
 assistance under another program or law. []  (c) ACQUIRING SPACE- The Secretary may acquire space under
 subsection (a)(3) of this section only after consulting with the Advisory
 Council on Historic Preservation and the Chairman of the National Endowment
 for the Arts. [] Sec. 5503. Conversion of certain rail passenger terminals
 []  (a) AUTHORITY TO PROVIDE ASSISTANCE- The Secretary of
 Transportation may provide financial assistance to convert a rail passenger
 terminal to an intermodal transportation terminal under section 5502(a)(1)
 of this title only if-- []  (1) the terminal can be converted to accommodate other modes
 of transportation the Secretary of Transportation decides are appropriate,
 including-- []  (A) motorbus transportation; []  (B) mass transit (rail or rubber tire); and []  (C) airline ticket offices and passenger terminals providing
 direct transportation to area airports; []  (2) the terminal is listed on the National Register of
 Historic Places maintained by the Secretary of the Interior; []  (3) the architectural integrity of the terminal will be
 preserved; []  (4) to the extent practicable, the use of the terminal
 facilities for transportation may be combined with use of those facilities
 for other civic and cultural activities, especially when another activity
 is recommended by-- []  (A) the Advisory Council on Historic Preservation;
 []  (B) the Chairman of the National Endowment for the Arts;
 or []  (C) consultants retained under subsection (b) of this section;
 and []  (5) the terminal and the conversion project meet other
 criteria prescribed by the Secretary of Transportation after consultation
 with the Council and Chairman. []  (b) ARCHITECTURAL INTEGRITY- The Secretary of Transportation
 must employ consultants on whether the architectural integrity of the
 rail passenger terminal will be preserved under subsection (a)(3) of this
 section. The Secretary may decide that the architectural integrity will be
 preserved only if the consultants concur. The Council and Chairman shall
 recommend consultants to be employed by the Secretary. The consultants
 also may make recommendations referred to in subsection (a)(4) of this
 section. []  (c) GOVERNMENT'S SHARE OF COSTS- The Secretary of
 Transportation may not make a grant under this section for more than 80
 percent of the total cost of converting a rail passenger terminal into an
 intermodal transportation terminal. [] Sec. 5504. Interim preservation of certain rail passenger
 terminals []  (a) GENERAL GRANT AUTHORITY- Subject to subsection (b)
 of this section, the Secretary of Transportation may make a grant of
 financial assistance to a responsible person (including a governmental
 authority) to preserve a rail passenger terminal under section 5502(a)(2)
 of this title. To receive assistance under this section, the person must
 be qualified, prepared, committed, and authorized by law to maintain
 (and prevent the demolition, dismantling, or further deterioration of)
 the terminal until plans for its reuse are prepared. []  (b) GRANT REQUIREMENTS- The Secretary of Transportation
 may make a grant of financial assistance under this section only if--
 []  (1) the Secretary decides the rail passenger terminal has
 a reasonable likelihood of being converted to, or conditioned for reuse as,
 an intermodal transportation terminal, a civic or cultural activities center,
 or both; and []  (2) planning activity directed toward conversion or reuse
 has begun and is proceeding in a competent way. []  (c) MAXIMIZING PRESERVATION OF TERMINALS- (1) Amounts
 appropriated to carry out this section and section 5502(a)(2) of this title
 shall be expended in the way most likely to maximize the preservation of
 rail passenger terminals that are-- []  (A) reasonably capable of conversion to intermodal
 transportation terminals; []  (B) listed in the National Register of Historic Places
 maintained by the Secretary of the Interior; or []  (C) recommended (on the basis of architectural integrity and
 quality) by the Advisory Council on Historic Preservation or the Chairman
 of the National Endowment for the Arts. []  (2) The Secretary of Transportation may not make a grant
 under this section for more than 80 percent of the total cost of maintaining
 the terminal for an interim period of not more than 5 years. [] Sec. 5505. Encouraging the development of plans for converting
 rail passenger terminals []  (a) GENERAL GRANT AUTHORITY- The Secretary of Transportation
 may make a grant of financial assistance to a qualified person (including a
 governmental authority) to encourage the development of plans for converting
 a rail passenger terminal under section 5502(a)(4) of this title. To receive
 assistance under this section, the person must-- []  (1) be prepared to develop practicable plans that meet
 zoning, land use, and other requirements of the applicable State and local
 jurisdictions in which the terminal is located; []  (2) incorporate into the designs and plans proposed for
 converting the terminal, features that reasonably appear likely to attract
 private investors willing to carry out the planned conversion and its
 subsequent maintenance and operation; and []  (3) complete the designs and plans for the conversion within
 the period of time prescribed by the Secretary. []  (b) PREFERENCE- In making a grant under this section,
 the Secretary of Transportation shall give preferential consideration to
 an applicant whose completed designs and plans will be carried out within
 3 years after their completion. []  (c) MAXIMIZING CONVERSION AND CONTINUED PUBLIC USE- (1)
 Amounts appropriated to carry out this section and section 5502(a)(4) of this
 title shall be expended in the way most likely to maximize the conversion
 and continued public use of rail passenger terminals that are-- []  (A) listed in the National Register of Historic Places
 maintained by the Secretary of the Interior; or []  (B) recommended (on the basis of architectural integrity and
 quality) by the Advisory Council on Historic Preservation or the Chairman
 of the National Endowment for the Arts. []  (2) The Secretary of Transportation may not make a grant
 under this section for more than 80 percent of the total cost of the project
 for which the financial assistance is provided. [] Sec. 5506. Records and audits []  (a) RECORD REQUIREMENTS- Each recipient of financial
 assistance under this chapter shall keep records required by the Secretary
 of Transportation. The records shall disclose-- []  (1) the amount, and disposition by the recipient, of the
 proceeds of the assistance; []  (2) the total cost of the project for which the assistance
 was given or used; []  (3) the amount of that part of the cost of the project
 supplied by other sources; and []  (4) any other records that will make an effective audit
 easier. []  (b) AUDITS AND INSPECTIONS- For 3 years after a project is
 completed, the Secretary and the Comptroller General may audit and inspect
 records of a recipient that the Secretary or Comptroller General decides
 may be related or pertinent to the financial assistance. [] Sec. 5507. Preference for preserving buildings of historic
 or architectural significance []  Amtrak shall give preference to the use of rail passenger
 terminal facilities that will preserve buildings of historic or architectural
 significance. [] Sec. 5508. Authorization of appropriations []  (a) GENERAL- The following amounts may be appropriated to
 the Secretary of Transportation: []  (1) not more than $15,000,000 to carry out section 5502(a)
 (1) and (3) of this title. []  (2) not more than $2,500,000 to carry out section 5502(a)(2)
 of this title. []  (3) not more than $2,500,000 to carry out section 5502(a)(4)
 of this title. []  (b) AVAILABILITY OF AMOUNTS- Amounts appropriated to carry
 out this chapter remain available until expended. [] CHAPTER 57--SANITARY FOOD TRANSPORTATION [] Sec. [] 5701. Findings. [] 5702. Definitions. [] 5703. General regulation. [] 5704. Tank trucks, rail tank cars, and cargo tanks. [] 5705. Motor and rail transportation of nonfood
 products. [] 5706. Dedicated vehicles. [] 5707. Waiver authority. [] 5708. Food transportation inspections. [] 5709. Consultation. [] 5710. Administrative. [] 5711. Enforcement and penalties. [] 5712. Relationship to other laws. [] 5713. Application of sections 5711 and 5712. [] 5714. Coordination procedures. [] Sec. 5701. Findings []  Congress finds that-- []  (1) the United States public is entitled to receive food
 and other consumer products that are not made unsafe because of certain
 transportation practices; []  (2) the United States public is threatened by the
 transportation of products potentially harmful to consumers in motor vehicles
 and rail vehicles that are used to transport food and other consumer products;
 and []  (3) the risks to consumers by those transportation practices
 are unnecessary and those practices must be ended. [] Sec. 5702. Definitions []  In this chapter-- []  (1) `cosmetic', `device', `drug', `food', and `food additive'
 have the same meanings given those terms in section 201 of the Federal Food,
 Drug, and Cosmetic Act (21 U.S.C. 321). []  (2) `nonfood product' means (individually or by class) a
 material, substance, or product that is not a cosmetic, device, drug, food,
 or food additive, or is deemed a nonfood product under section 5703(a)(2)
 of this title, including refuse and solid waste (as defined in section 1004
 of the Solid Waste Disposal Act (42 U.S.C. 6903)). []  (3) `refuse' means discarded material that is, or is
 required by law, to be transported to or disposed of in a landfill or
 incinerator. []  (4) `State' means a State of the United States, the District
 of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
 American Samoa, Guam, and any other territory or possession of the United
 States. []  (5) `transports' and `transportation' mean any movement of
 property in commerce (including intrastate commerce) by motor vehicle or
 rail vehicle. []  (6) `United States' means all of the States. [] Sec. 5703. General regulation []  (a) GENERAL REQUIREMENTS- (1) Not later than July 31, 1991,
 the Secretary of Transportation, after consultation required by section
 5709 of this title, shall prescribe regulations on the transportation of
 cosmetics, devices, drugs, food, and food additives in motor vehicles and
 rail vehicles that are used to transport nonfood products that would make
 the cosmetics, devices, drugs, food, or food additives unsafe to humans or
 animals. []  (2) The Secretary shall deem a cosmetic, device, or drug
 to be a nonfood product if-- []  (A) the cosmetic, device, or drug is transported in a
 motor vehicle or rail vehicle before, or at the same time as, a food or
 food additive; and []  (B) transportation of the cosmetic, device, or drug would
 make the food or food additive unsafe to humans or animals. []  (b) SPECIAL REQUIREMENTS- In prescribing regulations under
 subsection (a)(1) of this section, the Secretary, after consultation required
 by section 5709 of this title, shall establish requirements for appropriate--
 []  (1) recordkeeping, identification, marking, certification,
 or other means of verification to comply with sections 5704-5706 of this
 title; []  (2) decontamination, removal, disposal, and isolation to
 comply with regulations carrying out sections 5704 and 5705 of this title;
 and []  (3) material for the construction of tank trucks, rail
 tank cars, cargo tanks, and accessory equipment to comply with regulations
 carrying out section 5704 of this title. []  (c) CONSIDERATIONS AND ADDITIONAL REQUIREMENTS- In prescribing
 regulations under subsection (a)(1) of this section, the Secretary, after
 consultation required by section 5709 of this title, shall consider, and
 may establish requirements related to, each of the following: []  (1) the extent to which packaging or similar means of
 protecting and isolating commodities are adequate to eliminate or ameliorate
 the potential risks of transporting cosmetics, devices, drugs, food, or
 food additives in motor vehicles or rail vehicles used to transport nonfood
 products. []  (2) appropriate compliance and enforcement measures to
 carry out this chapter. []  (3) appropriate minimum insurance or other liability
 requirements for a person to whom this chapter applies. []  (d) PACKAGES MEETING PACKAGING STANDARDS- If the Secretary
 finds packaging standards to be adequate, regulations under subsection
 (a)(1) of this section may not apply to cosmetics, devices, drugs, food,
 food additives, or nonfood products packaged in packages that meet the
 standards. [] Sec. 5704. Tank trucks, rail tank cars, and cargo tanks
 []  (a) PROHIBITIONS- The regulations prescribed under section
 5703(a)(1) of this title shall include provisions prohibiting a person from--
 []  (1) using, offering for use, or arranging for the use
 of a tank truck, rail tank car, or cargo tank used in motor vehicle or
 rail transportation of cosmetics, devices, drugs, food, or food additives
 if the tank truck, rail tank car, or cargo tank is used to transport a
 nonfood product, except a nonfood product included in a list published
 under subsection (b) of this section; []  (2) using, offering for use, or arranging for the use
 of a tank truck or cargo tank to provide motor vehicle transportation
 of cosmetics, devices, drugs, food, food additives, or nonfood products
 included in the list published under subsection (b) of this section unless
 the tank truck or cargo tank is identified, by a permanent marking on the
 tank truck or cargo tank, as transporting only cosmetics, devices, drugs,
 food, food additives, or nonfood products included in the list; []  (3) using, offering for use, or arranging for the use of a
 tank truck or cargo tank to provide motor vehicle transportation of a nonfood
 product that is not included in the list published under subsection (b) of
 this section if the tank truck or cargo tank is identified, as provided in
 clause (2) of this subsection, as a tank truck or cargo tank transporting
 only cosmetics, devices, drugs, food, food additives, or nonfood products
 included in the list; or []  (4) receiving, except for lawful disposal purposes, any
 cosmetic, device, drug, food, food additive, or nonfood product that has
 been transported in a tank truck or cargo tank in violation of clause (2)
 or (3) of this subsection. []  (b) LIST OF NONFOOD PRODUCTS NOT UNSAFE- After consultation
 required by section 5709 of this title, the Secretary of Transportation shall
 publish in the Federal Register a list of nonfood products the Secretary
 decides do not make cosmetics, devices, drugs, food, or food additives unsafe
 to humans or animals because of transportation of the nonfood products in
 a tank truck, rail tank car, or cargo tank used to transport cosmetics,
 devices, drugs, food, or food additives. The Secretary may amend the list
 periodically by publication in the Federal Register. []  (c) DISCLOSURE- A person that arranges for the use of
 a tank truck or cargo tank used in motor vehicle transportation for the
 transportation of a cosmetic, device, drug, food, food additive, or nonfood
 product shall disclose to the motor carrier or other appropriate person if
 the cosmetic, device, drug, food, food additive, or nonfood product being
 transported is to be used-- []  (1) as, or in the preparation of, a food or food additive;
 or []  (2) as a nonfood product included in the list published
 under subsection (b) of this section. [] Sec. 5705. Motor and rail transportation of nonfood products
 []  (a) PROHIBITIONS- The regulations prescribed under section
 5703(a)(1) of this title shall include provisions prohibiting a person from
 using, offering for use, or arranging for the use of a motor vehicle or
 rail vehicle (except a tank truck, rail tank car, or cargo tank described in
 section 5704 of this title) to transport cosmetics, devices, drugs, food, or
 food additives if the vehicle is used to transport nonfood products included
 in a list published under subsection (b) of this section. []  (b) LIST OF UNSAFE NONFOOD PRODUCTS- (1) After consultation
 required by section 5709 of this title, the Secretary of Transportation shall
 publish in the Federal Register a list of nonfood products the Secretary
 decides would make cosmetics, devices, drugs, food, or food additives unsafe
 to humans or animals because of transportation of the nonfood products in a
 motor vehicle or rail vehicle used to transport cosmetics, devices, drugs,
 food, or food additives. The Secretary may amend the list periodically by
 publication in the Federal Register. []  (2) The list published under paragraph (1) of this
 subsection may not include cardboard, pallets, beverage containers, and
 other food packaging except to the extent the Secretary decides that the
 transportation of cardboard, pallets, beverage containers, or other food
 packaging in a motor vehicle or rail vehicle used to transport cosmetics,
 devices, drugs, food, or food additives would make the cosmetics, devices,
 drugs, food, or food additives unsafe to humans or animals. [] Sec. 5706. Dedicated vehicles []  (a) PROHIBITIONS- The regulations prescribed under section
 5703(a)(1) of this title shall include provisions prohibiting a person
 from using, offering for use, or arranging for the use of a motor vehicle
 or rail vehicle to transport asbestos, in forms or quantities the Secretary
 of Transportation decides are necessary, or products that present an extreme
 danger to humans or animals, despite any decontamination, removal, disposal,
 packaging, or other isolation procedures, unless the motor vehicle or rail
 vehicle is used only to transport one or more of the following: asbestos,
 those extremely dangerous products, or refuse. []  (b) LIST OF APPLICABLE PRODUCTS- After consultation
 required by section 5709 of this title, the Secretary shall publish in the
 Federal Register a list of the products to which this section applies. The
 Secretary may amend the list periodically by publication in the Federal
 Register. [] Sec. 5707. Waiver authority []  (a) GENERAL AUTHORITY- After consultation required by section
 5709 of this title, the Secretary of Transportation may waive any part of
 this chapter or regulations prescribed under this chapter for a class of
 persons, motor vehicles, rail vehicles, cosmetics, devices, drugs, food, food
 additives, or nonfood products, if the Secretary decides that the waiver--
 []  (1) would not result in the transportation of cosmetics,
 devices, drugs, food, or food additives that would be unsafe to humans or
 animals; and []  (2) would not be contrary to the public interest and this
 chapter. []  (b) PUBLICATION OF WAIVERS- The Secretary shall publish in
 the Federal Register any waiver and the reasons for the waiver. [] Sec. 5708. Food transportation inspections []  (a) GENERAL AUTHORITY- For commercial motor vehicles,
 the Secretary of Transportation may carry out this chapter and assist
 in carrying out compatible State laws and regulations through means that
 include inspections conducted by State employees that are paid for with
 money authorized under subchapter I of chapter 311 of this title, if the
 recipient State agrees to assist in the enforcement of this chapter or is
 enforcing compatible State laws and regulations. []  (b) PROVIDING ASSISTANCE- On the request of the Secretary of
 Transportation, the Secretaries of Agriculture and Health and Human Services,
 the Administrator of the Environmental Protection Agency, and the heads of
 other appropriate departments, agencies, and instrumentalities of the United
 States Government shall provide assistance, to the extent available, to the
 Secretary of Transportation to carry out this chapter, including assistance
 in the training of personnel under a program established under subsection
 (c) of this section. []  (c) TRAINING PROGRAM- After consultation required by section
 5709 of this title and consultation with the heads of appropriate State
 transportation and food safety authorities, the Secretary of Transportation
 shall develop and carry out a training program for inspectors to conduct
 vigorous enforcement of this chapter and regulations prescribed under this
 chapter or compatible State laws and regulations. As part of the training
 program, the inspectors, including State inspectors or personnel paid with
 money authorized under subchapter I of chapter 311 of this title, shall
 be trained in the recognition of adulteration problems associated with the
 transportation of cosmetics, devices, drugs, food, and food additives and
 in the procedures for obtaining assistance of the appropriate departments,
 agencies, and instrumentalities of the Government and State authorities to
 support the enforcement. [] Sec. 5709. Consultation []  As provided by sections 5703-5708 of this title, the Secretary
 of Transportation shall consult with the Secretaries of Agriculture and
 Health and Human Services and the Administrator of the Environmental
 Protection Agency. [] Sec. 5710. Administrative []  The Secretary of Transportation has the same duties and
 powers in regulating transportation under this chapter as the Secretary has
 under section 5121 (a)-(c) (except subsection (c)(1)(A)) of this title in
 regulating transportation under chapter 51 of this title. [] Sec. 5711. Enforcement and penalties []  (a) ACTIONS- The Secretary of Transportation shall request
 that a civil action be brought and take action to eliminate or ameliorate
 an imminent hazard related to a violation of a regulation prescribed or
 order issued under this chapter in the same way and to the same extent as
 authorized by section 5122 of this title. []  (b) APPLICABLE PENALTIES AND PROCEDURES- The penalties and
 procedures in sections 5123 and 5124 of this title apply to a violation of
 a regulation prescribed or order issued under this chapter. [] Sec. 5712. Relationship to other laws []  Section 5125 of this title applies to the relationship
 between this chapter and a requirement of a State, a political subdivision
 of a State, or an Indian tribe. [] Sec. 5713. Application of sections 5711 and 5712 []  Sections 5711 and 5712 of this title apply only to
 transportation occurring on or after the date that regulations prescribed
 under section 5703(a)(1) of this title are effective. [] Sec. 5714. Coordination procedures []  Not later than November 3, 1991, the Secretary of
 Transportation, after consultation with appropriate State officials, shall
 establish procedures to promote more effective coordination between the
 departments, agencies, and instrumentalities of the United States Government
 and State authorities with regulatory authority over motor carrier safety
 and railroad safety in carrying out and enforcing this chapter. []  (e) Title 49, United States Code, is amended by adding the
 following immediately after subtitle IV: [] SUBTITLE V--RAIL PROGRAMS [] PART A--SAFETY [] Sec. [] 201. [] GENERAL [] 20101 [] 203. [] SAFETY APPLIANCES [] 20301 [] 205. [] SIGNAL SYSTEMS [] 20501 [] 207. [] LOCOMOTIVES [] 20701 [] 209. [] ACCIDENTS AND INCIDENTS [] 20901 [] 211. [] HOURS OF SERVICE [] 21101 [] 213. [] PENALTIES [] 21301 [] PART B--ASSISTANCE [] 221. [] LOCAL RAIL FREIGHT ASSISTANCE [] 22101 [] PART C--PASSENGER TRANSPORTATION [] 241. [] GENERAL [] 24101 [] 243. [] AMTRAK [] 24301 [] 245. [] AMTRAK COMMUTER [] 24501 [] 247. [] AMTRAK ROUTE SYSTEM [] 24701 [] 249. [] NORTHEAST CORRIDOR IMPROVEMENT PROGRAM [] 24901 [] PART D--MISCELLANEOUS [] 261. [] LAW ENFORCEMENT [] 26101 [] PART A--SAFETY [] CHAPTER 201--GENERAL [] SUBCHAPTER I--GENERAL [] Sec. [] 20101. Purpose. [] 20102. Definitions. [] 20103. General authority. [] 20104. Emergency authority. [] 20105. State participation. [] 20106. National uniformity of regulation. [] 20107. Inspection and investigation. [] 20108. Research, development, and testing. [] 20109. Employee protections. [] 20110. Effect on employee qualifications and collective
 bargaining. [] 20111. Enforcement by the Secretary of
 Transportation. [] 20112. Enforcement by the Attorney General. [] 20113. Enforcement by the States. [] 20114. Judicial procedures. [] 20115. User fees. [] 20116. Annual report. [] 20117. Authorization of appropriations. [] SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY [] 20131. Restricted access to rolling equipment. [] 20132. Visible markers for rear cars. [] 20133. Passenger equipment. [] 20134. Grade crossings and railroad rights of way. [] 20135. Licensing or certification of locomotive
 operators. [] 20136. Automatic train control and related systems. [] 20137. Event recorders. [] 20138. Tampering with safety and operational monitoring
 devices. [] 20139. Maintenance-of-way operations. [] SUBCHAPTER I--GENERAL [] Sec. 20101. Purpose []  The purpose of this chapter is to promote safety in every
 area of railroad operations and reduce railroad-related accidents and
 incidents. [] Sec. 20102. Definitions []  In this part-- []  (1) `railroad'-- []  (A) means any form of nonhighway ground transportation that
 runs on rails or electromagnetic guideways, including-- []  (i) commuter or other short-haul railroad passenger service
 in a metropolitan or suburban area and commuter railroad service that
 was operated by the Consolidated Rail Corporation on January 1, 1979; and
 []  (ii) high speed ground transportation systems that connect
 metropolitan areas, without regard to whether those systems use new
 technologies not associated with traditional railroads; but []  (B) does not include rapid transit operations in an
 urban area that are not connected to the general railroad system of
 transportation. []  (2) `railroad carrier' means a person providing railroad
 transportation. [] Sec. 20103. General authority []  (a) REGULATIONS AND ORDERS- The Secretary of Transportation,
 as necessary, shall prescribe regulations and issue orders for every area of
 railroad safety supplementing laws and regulations in effect on October 16,
 1970. []  (b) REGULATIONS OF PRACTICE FOR PROCEEDINGS- The Secretary
 shall prescribe regulations of practice applicable to each proceeding
 under this chapter. The regulations shall reflect the varying nature of the
 proceedings and include time limits for disposition of the proceedings. The
 time limit for disposition of a proceeding may not be more than 12 months
 after the date it begins. []  (c) CONSIDERATION OF INFORMATION AND STANDARDS- In prescribing
 regulations and issuing orders under this section, the Secretary shall
 consider existing relevant safety information and standards. []  (d) WAIVERS- The Secretary may waive compliance with any part
 of a regulation prescribed or order issued under this chapter if the waiver
 is in the public interest and consistent with railroad safety. The Secretary
 shall make public the reasons for granting the waiver. []  (e) HEARINGS- The Secretary shall conduct a hearing as
 provided by section 553 of title 5 when prescribing a regulation or issuing
 an order under this chapter, including a regulation or order establishing,
 amending, or waiving compliance with a railroad safety regulation prescribed
 or order issued under this chapter. An opportunity for an oral presentation
 shall be provided. [] Sec. 20104. Emergency authority []  (a) ORDERING RESTRICTIONS AND PROHIBITIONS- (1) If, through
 testing, inspection, investigation, or research carried out under this
 chapter, the Secretary of Transportation decides that an unsafe condition
 or practice, or a combination of unsafe conditions and practices, causes
 an emergency situation involving a hazard of death or personal injury,
 the Secretary immediately may order restrictions and prohibitions, without
 regard to section 20103(e) of this title, that may be necessary to abate
 the situation. []  (2) The order shall describe the condition or practice,
 or a combination of conditions and practices, that causes the emergency
 situation and prescribe standards and procedures for obtaining relief from
 the order. This paragraph does not affect the Secretary's discretion under
 this section to maintain the order in effect for as long as the emergency
 situation exists. []  (b) REVIEW OF ORDERS- After issuing an order under this
 section, the Secretary shall provide an opportunity for review of the
 order under section 554 of title 5. If a petition for review is filed and
 the review is not completed by the end of the 30-day period beginning on
 the date the order was issued, the order stops being effective at the end
 of that period unless the Secretary decides in writing that the emergency
 situation still exists. []  (c) CIVIL ACTIONS TO COMPEL ISSUANCE OF ORDERS- An employee
 of a railroad carrier engaged in interstate or foreign commerce who may be
 exposed to imminent physical injury during that employment because of the
 Secretary's failure, without any reasonable basis, to issue an order under
 subsection (a) of this section, or the employee's authorized representative,
 may bring a civil action against the Secretary in a district court of the
 United States to compel the Secretary to issue an order. The action must be
 brought in the judicial district in which the emergency situation is alleged
 to exist, in which that employing carrier has its principal executive office,
 or for the District of Columbia. The Secretary's failure to issue an order
 under subsection (a) of this section may be reviewed only under section
 706 of title 5. [] Sec. 20105. State participation []  (a) INVESTIGATIVE AND SURVEILLANCE ACTIVITIES- The Secretary
 of Transportation may prescribe investigative and surveillance activities
 necessary to enforce the safety regulations prescribed and orders issued by
 the Secretary that apply to railroad equipment, facilities, rolling stock,
 and operations in a State. The State may participate in those activities when
 the safety practices for railroad equipment, facilities, rolling stock, and
 operations in the State are regulated by a State authority and the authority
 submits to the Secretary an annual certification as provided in subsection
 (b) of this section. []  (b) ANNUAL CERTIFICATION- (1) A State authority's annual
 certification must include-- []  (A) a certification that the authority-- []  (i) has regulatory jurisdiction over the safety practices for
 railroad equipment, facilities, rolling stock, and operations in the State;
 []  (ii) was given a copy of each safety regulation prescribed and
 order issued by the Secretary, that applies to the equipment, facilities,
 rolling stock, or operations, as of the date of certification; and
 []  (iii) is conducting the investigative and surveillance
 activities prescribed by the Secretary under subsection (a) of this section;
 and []  (B) a report, in the form the Secretary prescribes by
 regulation, that includes-- []  (i) the name and address of each railroad carrier subject
 to the safety jurisdiction of the authority; []  (ii) each accident or incident reported during the prior 12
 months by a railroad carrier involving a fatality, personal injury requiring
 hospitalization, or property damage of more than $750 (or a higher amount
 prescribed by the Secretary), and a summary of the authority's investigation
 of the cause and circumstances surrounding the accident or incident;
 []  (iii) the record maintenance, reporting, and inspection
 practices conducted by the authority to aid the Secretary in enforcing
 railroad safety regulations prescribed and orders issued by the Secretary,
 including the number of inspections made of railroad equipment, facilities,
 rolling stock, and operations by the authority during the prior 12 months;
 and []  (iv) other information the Secretary requires. []  (2) An annual certification applies to a safety regulation
 prescribed or order issued after the date of the certification only if
 the State authority submits an appropriate certification to provide the
 necessary investigative and surveillance activities. []  (3) If, after receipt of an annual certification, the
 Secretary decides the State authority is not complying satisfactorily with
 the investigative and surveillance activities prescribed under subsection (a)
 of this section, the Secretary may reject any part of the certification or
 take other appropriate action to achieve adequate enforcement. The Secretary
 must give the authority notice and an opportunity for a hearing before taking
 action under this paragraph. When the Secretary gives notice, the burden
 of proof is on the authority to show that it is complying satisfactorily
 with the investigative and surveillance activities prescribed by the
 Secretary. []  (c) AGREEMENT WHEN CERTIFICATION NOT RECEIVED- (1) If the
 Secretary does not receive an annual certification under subsection (a) of
 this section related to any railroad equipment, facility, rolling stock,
 or operation, the Secretary may make an agreement with a State authority
 for the authority to provide any part of the investigative and surveillance
 activities prescribed by the Secretary as necessary to enforce the safety
 regulations and orders applicable to the equipment, facility, rolling stock,
 or operation. []  (2) The Secretary may terminate any part of an agreement
 made under this subsection on finding that the authority has not provided
 every part of the investigative and surveillance activities to which the
 agreement relates. The Secretary must give the authority notice and an
 opportunity for a hearing before making such a finding. The finding and
 termination shall be published in the Federal Register and may not become
 effective for at least 15 days after the date of publication. []  (d) AGREEMENT FOR INVESTIGATIVE AND SURVEILLANCE ACTIVITIES-
 In addition to providing for State participation under this section, the
 Secretary may make an agreement with a State to provide investigative and
 surveillance activities related to the Secretary's duties under chapters
 203-213 of this title. []  (e) PAYMENT- On application by a State authority that has
 submitted a certification under subsections (a) and (b) of this section or
 made an agreement under subsection (c) or (d) of this section, the Secretary
 shall pay not more than 50 percent of the cost of the personnel, equipment,
 and activities of the authority needed, during the next fiscal year, to
 carry out a safety program under the certification or agreement. However,
 the Secretary may pay an authority only when the authority assures the
 Secretary that it will provide the remaining cost of the safety program
 and that the total State money expended for the safety program, excluding
 grants of the United States Government, will be at least as much as the
 average amount expended for the fiscal years that ended June 30, 1969,
 and June 30, 1970. []  (f) MONITORING- The Secretary may monitor State investigative
 and surveillance practices and carry out other inspections and investigations
 necessary to help enforce this chapter. [] Sec. 20106. National uniformity of regulation []  Laws, regulations, and orders related to railroad safety
 shall be nationally uniform to the extent practicable. A State may adopt or
 continue in force a law, regulation, or order related to railroad safety
 until the Secretary of Transportation prescribes a regulation or issues
 an order covering the subject matter of the State requirement. A State may
 adopt or continue in force an additional or more stringent law, regulation,
 or order related to railroad safety when the law, regulation, or order--
 []  (1) is necessary to eliminate or reduce an essentially
 local safety hazard; []  (2) is not incompatible with a law, regulation, or order
 of the United States Government; and []  (3) does not unreasonably burden interstate
 commerce. [] Sec. 20107. Inspection and investigation []  (a) GENERAL- To carry out this part, the Secretary of
 Transportation may take actions the Secretary considers necessary, including--
 []  (1) conduct investigations, make reports, issue subpoenas,
 require the production of documents, take depositions, and prescribe
 recordkeeping and reporting requirements; and []  (2) delegate to a public entity or qualified person the
 inspection, examination, and testing of railroad equipment, facilities,
 rolling stock, operations, and persons. []  (b) ENTRY AND INSPECTION- In carrying out this part,
 an officer, employee, or agent of the Secretary, at reasonable times and
 in a reasonable way, may enter and inspect railroad equipment, facilities,
 rolling stock, operations, and relevant records. When requested, the officer,
 employee, or agent shall display proper credentials. During an inspection,
 the officer, employee, or agent is an employee of the United States Government
 under chapter 171 of title 28. [] Sec. 20108. Research, development, and testing []  (a) GENERAL- The Secretary of Transportation shall carry out,
 as necessary, research, development, testing, evaluation, and training for
 every area of railroad safety. []  (b) CONTRACTS- To carry out this part, the Secretary may make
 contracts for, and carry out, research, development, testing, evaluation,
 and training (particularly for those areas of railroad safety found to need
 prompt attention). [] Sec. 20109. Employee protections []  (a) FILING COMPLAINTS AND TESTIFYING- A railroad carrier
 engaged in interstate or foreign commerce may not discharge or in any way
 discriminate against an employee because the employee, whether acting for
 the employee or as a representative, has-- []  (1) filed a complaint or brought or caused to be brought
 a proceeding related to the enforcement of this part or chapter 51 of this
 title; or []  (2) testified or will testify in that proceeding. []  (b) REFUSING TO WORK BECAUSE OF HAZARDOUS CONDITIONS-
 (1) A railroad carrier engaged in interstate or foreign commerce may not
 discharge or in any way discriminate against an employee for refusing to
 work when confronted by a hazardous condition related to the performance
 of the employee's duties, if-- []  (A) the refusal is made in good faith and no reasonable
 alternative to the refusal is available to the employee; []  (B) a reasonable individual in the circumstances then
 confronting the employee would conclude that-- []  (i) the hazardous condition presents an imminent danger of
 death or serious injury; and []  (ii) the urgency of the situation does not allow sufficient
 time to eliminate the danger through regular statutory means; and []  (C) the employee, where possible, has notified the carrier
 of the hazardous condition and the intention not to perform further work
 unless the condition is corrected immediately. []  (2) This subsection does not apply to security personnel
 employed by a carrier to protect individuals and property transported by
 railroad. []  (c) DISPUTE RESOLUTION- A dispute, grievance, or claim
 arising under this section is subject to resolution under section 3 of the
 Railway Labor Act (45 U.S.C. 153). In a proceeding by the National Railroad
 Adjustment Board, a division or delegate of the Board, or another board of
 adjustment established under section 3 to resolve the dispute, grievance,
 or claim, the proceeding shall be expedited and the dispute, grievance,
 or claim shall be resolved not later than 180 days after it is filed. If
 the violation is a form of discrimination that does not involve discharge,
 suspension, or another action affecting pay, and no other remedy is available
 under this subsection, the Board, division, delegate, or other board of
 adjustment may award the employee reasonable damages, including punitive
 damages, of not more than $20,000. []  (d) ELECTION OF REMEDIES- An employee of a railroad carrier
 may not seek protection under both this section and another provision of
 law for the same allegedly unlawful act of the carrier. []  (e) DISCLOSURE OF IDENTITY- (1) Except as provided in
 paragraph (2) of this subsection, or with the written consent of the employee,
 the Secretary of Transportation may not disclose the name of an employee of
 a railroad carrier who has provided information about an alleged violation
 of this part, chapter 51 of this title, or a regulation prescribed or order
 issued under this part or chapter 51. []  (2) The Secretary shall disclose to the Attorney General
 the name of an employee described in paragraph (1) of this subsection if
 the matter is referred to the Attorney General for enforcement. [] Sec. 20110. Effect on employee qualifications and collective
 bargaining []  This chapter does not-- []  (1) authorize the Secretary of Transportation to prescribe
 regulations and issue orders related to qualifications of employees, except
 qualifications specifically related to safety; or []  (2) prohibit the bargaining representatives of railroad
 carriers and their employees from making collective bargaining agreements
 under the Railway Labor Act (45 U.S.C. 151 et seq.), including agreements
 related to qualifications of employees, that are not inconsistent with
 regulations prescribed and orders issued under this chapter. [] Sec. 20111. Enforcement by the Secretary of Transportation
 []  (a) EXCLUSIVE AUTHORITY- The Secretary of Transportation
 has exclusive authority-- []  (1) to impose and compromise a civil penalty for a violation
 of a railroad safety regulation prescribed or order issued by the Secretary;
 []  (2) except as provided in section 20113 of this title,
 to request an injunction for a violation of a railroad safety regulation
 prescribed or order issued by the Secretary; and []  (3) to recommend appropriate action be taken under section
 20112(a) of this title. []  (b) COMPLIANCE ORDERS- The Secretary may issue an order
 directing compliance with this part or with a railroad safety regulation
 prescribed or order issued under this part. []  (c) ORDERS PROHIBITING INDIVIDUALS FROM PERFORMING
 SAFETY-SENSITIVE FUNCTIONS- If an individual's violation of a regulation
 prescribed or order issued by the Secretary under this chapter is shown to
 make that individual unfit for the performance of safety-sensitive functions,
 the Secretary, after notice and opportunity for a hearing, may issue an
 order prohibiting the individual from performing safety-sensitive functions
 in the railroad industry for a specified period of time or until specified
 conditions are met. This subsection does not affect the Secretary's authority
 under section 20104 of this title to act on an emergency basis. [] Sec. 20112. Enforcement by the Attorney General []  (a) CIVIL ACTIONS- At the request of the Secretary of
 Transportation, the Attorney General may bring a civil action in a district
 court of the United States-- []  (1) to enjoin a violation of, or to enforce, a railroad
 safety regulation prescribed or order issued by the Secretary; []  (2) to collect a civil penalty imposed or an amount agreed
 on in compromise under section 21301 of this title; or []  (3) to enforce a subpena issued by the Secretary under this
 chapter. []  (b) VENUE- (1) Except as provided in paragraph (2) of
 this subsection, a civil action under this section may be brought in the
 judicial district in which the violation occurred or the defendant has its
 principal executive office. If an action to collect a penalty is against
 an individual, the action also may be brought in the judicial district in
 which the individual resides. []  (2) A civil action to enforce a subpena issued by the
 Secretary or a compliance order issued under section 20111(b) of this title
 may be brought in the judicial district in which the defendant resides,
 does business, or is found. [] Sec. 20113. Enforcement by the States []  (a) INJUNCTIVE RELIEF- If the Secretary of Transportation
 does not begin a civil action under section 20112 of this title to enjoin
 the violation of a railroad safety regulation prescribed or order issued by
 the Secretary not later than 15 days after the date the Secretary receives
 notice of the violation and a request from a State authority participating in
 investigative and surveillance activities under section 20105 of this title
 that the action be brought, the authority may bring a civil action in the
 district court to enjoin the violation. This subsection does not apply if
 the Secretary makes an affirmative written finding that the violation did
 not occur or that the action is not necessary because of other enforcement
 action taken by the Secretary related to the violation. []  (b) IMPOSITION AND COLLECTION OF CIVIL PENALTIES- If the
 Secretary does not impose the applicable civil penalty for a violation of a
 railroad safety regulation prescribed or order issued by the Secretary not
 later than 60 days after the date of receiving notice from a State authority
 participating in investigative and surveillance activities under section
 20105 of this title, the authority may bring a civil action in a district
 court to impose and collect the penalty. This paragraph does not apply if
 the Secretary makes an affirmative written finding that the violation did
 not occur. []  (c) VENUE- A civil action under this section may be brought
 in the judicial district in which the violation occurred or the defendant
 has its principal executive office. However, a State authority may not
 bring an action under this section outside the State. [] Sec. 20114. Judicial procedures []  (a) CRIMINAL CONTEMPT- In a trial for criminal contempt for
 violating an injunction or restraining order issued under this chapter, the
 violation of which is also a violation of this chapter, the defendant may
 demand a jury trial. The defendant shall be tried as provided in rule 42(b)
 of the Federal Rules of Criminal Procedure (18 App. U.S.C.). []  (b) SUBPENAS FOR WITNESSES- A subpena for a witness required
 to attend a district court in an action brought under this chapter may be
 served in any judicial district. [] Sec. 20115. User fees []  (a) SCHEDULE OF FEES- The Secretary of Transportation shall
 prescribe by regulation a schedule of fees for railroad carriers subject
 to this chapter. The fees-- []  (1) shall cover the costs of carrying out this chapter
 (except section 20108(a)); []  (2) shall be imposed fairly on the railroad carriers, in
 reasonable relationship to an appropriate combination of criteria such as
 revenue ton-miles, track miles, passenger miles, or other relevant factors;
 and []  (3) may not be based on that part of industry revenues
 attributable to a railroad carrier or class of railroad carriers. []  (b) COLLECTION PROCEDURES- The Secretary shall prescribe
 procedures to collect the fees. The Secretary may use the services of a
 department, agency, or instrumentality of the United States Government
 or of a State or local authority to collect the fees, and may reimburse
 the department, agency, or instrumentality a reasonable amount for its
 services. []  (c) COLLECTION, DEPOSIT, AND USE- (1) The Secretary shall
 impose and collect fees under this section for each fiscal year before the
 end of the fiscal year. []  (2) Fees collected under this section shall be deposited
 in the general fund of the Treasury as offsetting receipts. The fees may
 be used, to the extent provided in advance in an appropriation law, only
 to carry out this chapter. []  (3) Fees prescribed under this section shall be imposed in
 an amount sufficient to pay for the costs of activities under this chapter
 beginning on March 1, 1991. However, the total fees received for a fiscal year
 may not be more than 105 percent of the total amount of the appropriations
 for the fiscal year for activities to be financed by the fees. []  (d) ANNUAL REPORT- (1) Not later than 90 days after the
 end of each fiscal year in which fees are collected under this section,
 the Secretary shall report to Congress on-- []  (A) the amount of fees collected during that fiscal year;
 []  (B) the impact of the fees on the financial health of the
 railroad industry and its competitive position relative to each competing
 mode of transportation; and []  (C) the total cost of Government safety activities for each
 other competing mode of transportation, including any part of that total
 cost defrayed by Government user fees. []  (2) Not later than 90 days after submitting a report for
 a fiscal year, the Secretary shall submit to Congress recommendations for
 corrective legislation if the report includes a finding that-- []  (A) there has been an impact from the fees on the financial
 health of the railroad industry or its competitive position relative to
 each competing mode of transportation; or []  (B) there is a significant difference in the burden of
 Government user fees on the railroad industry and other competing modes of
 transportation. []  (e) EXPIRATION- This section expires on September 30,
 1995. [] Sec. 20116. Annual report []  The Secretary of Transportation shall submit to the President
 for submission to Congress not later than July 1 of each year a report on
 carrying out this chapter for the prior calendar year. The report shall
 include the following information about the prior year: []  (1) a thorough statistical compilation of railroad accidents,
 incidents, and casualties by cause. []  (2) a list of railroad safety regulations and orders
 prescribed, issued, or in effect under this chapter. []  (3) a summary of the reasons for each waiver granted under
 section 20103(d) of this title. []  (4) an evaluation of the degree of compliance with railroad
 safety regulations prescribed and orders issued under this chapter. []  (5) a summary of outstanding problems in carrying out
 railroad safety regulations prescribed and orders issued under this chapter,
 in order of priority. []  (6) an analysis and evaluation of research and related
 activities completed, including their policy implications, and technological
 progress achieved. []  (7) a list, with a brief statement of the issues, of completed
 or pending civil actions to enforce railroad safety regulations prescribed
 and orders issued under this chapter. []  (8) the extent to which technical information was distributed
 to the scientific community and consumer-oriented information was made
 available to the public. []  (9) a compilation of certifications filed under section
 20105(a) of this title that were-- []  (A) in effect; or []  (B) rejected in any part by the Secretary, and a summary
 of the reasons for each rejection. []  (10) a compilation of agreements made under section 20105(c)
 of this title that were-- []  (A) in effect; or []  (B) terminated in any part by the Secretary, and a summary
 of the reasons for each termination. []  (11) recommendations for legislation the Secretary considers
 necessary to strengthen the national railroad safety program. [] Sec. 20117. Authorization of appropriations []  (a) GENERAL- (1) Not more than $XXXXX may be appropriated
 to the Secretary of Transportation for the fiscal year ending September 30,
 19X, to carry out this chapter. []  (2) Not more than $5,000,000 may be appropriated to the
 Secretary for each of the fiscal years ending September 30, 1992, and 1993,
 to carry out section 20105 of this title. []  (b) GRADE CROSSING SAFETY- Not more than $1,000,000 may be
 appropriated to the Secretary for improvements in grade crossing safety,
 except demonstration projects under section 20134(c) of this title. Amounts
 appropriated under this subsection remain available until expended. []  (c) RESEARCH AND DEVELOPMENT, AUTOMATED TRACK INSPECTION,
 AND STATE PARTICIPATION GRANTS- Amounts appropriated under this section
 for research and development, automated track inspection, and grants under
 section 20105(e) of this title remain available until expended. []  (d) MINIMUM AVAILABLE FOR CERTAIN PURPOSES- At least 50
 percent of the amounts appropriated to the Secretary for a fiscal year to
 carry out railroad research and development programs under this chapter
 or another law shall be available for safety research, improved track
 inspection and information acquisition technology, improved railroad freight
 transportation, and improved railroad passenger systems. [] SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY [] Sec. 20131. Restricted access to rolling equipment []  The Secretary of Transportation shall prescribe regulations
 and issue orders that may be necessary to require that when railroad
 carrier employees (except train or yard crews) assigned to inspect, test,
 repair, or service rolling equipment have to work on, under, or between that
 equipment, every manually operated switch, including each crossover switch,
 providing access to the track on which the equipment is located is lined
 against movement to that track and secured by an effective locking device
 that can be removed only by the class or craft of employees performing the
 inspection, testing, repair, or service. [] Sec. 20132. Visible markers for rear cars []  (a) GENERAL- The Secretary of Transportation shall prescribe
 regulations and issue orders that may be necessary to require that--
 []  (1) the rear car of each passenger and commuter train has
 at least one highly visible marker that is lighted during darkness and when
 weather conditions restrict clear visibility; and []  (2) the rear car of each freight train has highly visible
 markers during darkness and when weather conditions restrict clear
 visibility. []  (b) PREEMPTION- Notwithstanding section 20106 of this title,
 subsection (a) of this section does not prohibit a State from continuing
 in force a law, regulation, or order in effect on July 8, 1976, related to
 lighted markers on the rear car of a freight train except to the extent it
 would cause the car to be in violation of this section. [] Sec. 20133. Passenger equipment []  (a) GENERAL- The Secretary of Transportation shall prescribe
 regulations and issue orders that may be necessary to ensure that the
 construction, maintenance, and operation of railroad equipment used to
 transport railroad passengers, whether in commuter or intercity service,
 maximize the safety of those passengers. The Secretary periodically
 shall review the regulations and orders and make amendments that may be
 necessary. []  (b) CONSIDERATIONS AND AREAS OF CONCENTRATION- In prescribing
 regulations, issuing orders, and making amendments under this section,
 the Secretary shall-- []  (1) consider comparable regulations and procedures of
 the United States Government that apply to other modes of transportation,
 especially those regulations and procedures carried out by the Administrator
 of the Federal Aviation Administration; []  (2) consider relevant differences between commuter and
 intercity passenger service; []  (3) concentrate on those areas that the Secretary believes
 present the greatest opportunity for enhancing the safety of the equipment;
 and []  (4) give significant weight to the expenditures that would
 be necessary to retrofit existing equipment and to change specifications
 for equipment on order. []  (c) CONSULTATION- In prescribing regulations, issuing orders,
 and making amendments under this section, the Secretary may consult with
 Amtrak, public authorities operating railroad passenger service, other
 railroad carriers transporting passengers, organizations of passengers,
 and organizations of employees. A consultation is not subject to the Federal
 Advisory Committee Act (5 App. U.S.C.), but minutes of the consultation shall
 be placed in the public docket of the regulatory proceeding. [] Sec. 20134. Grade crossings and railroad rights of way
 []  (a) GENERAL- To the extent practicable, the Secretary of
 Transportation shall maintain a coordinated effort to develop and carry out
 solutions to the railroad grade crossing problem and measures to protect
 pedestrians in densely populated areas along railroad rights of way. To carry
 out this subsection, the Secretary may use the authority of the Secretary
 under this chapter and over highway, traffic, and motor vehicle safety and
 over highway construction. []  (b) SIGNAL SYSTEMS AND OTHER DEVICES- Not later than June
 22, 1989, the Secretary shall prescribe regulations and issue orders that
 may be necessary to ensure the safe maintenance, inspection, and testing of
 signal systems and devices at railroad highway grade crossings. []  (c) DEMONSTRATION PROJECTS- (1) The Secretary shall establish
 demonstration projects to evaluate whether accidents and incidents involving
 trains would be reduced by-- []  (A) reflective markers installed on the road surface or on
 a signal post at railroad grade crossings; []  (B) stop signs or yield signs installed at grade crossings;
 and []  (C) speed bumps or rumble strips installed on the road
 surfaces at the approaches to grade crossings. []  (2) Not later than June 22, 1990, the Secretary shall submit
 a report on the results of the demonstration projects to the Committee on
 Energy and Commerce of the House of Representatives and the Committee on
 Commerce, Science, and Transportation of the Senate. [] Sec. 20135. Licensing or certification of locomotive operators
 []  (a) GENERAL- Not later than June 22, 1989, the Secretary
 of Transportation shall prescribe regulations and issue orders that may be
 necessary to establish a program requiring the licensing or certification,
 after one year after the program is established, of any operator of a
 locomotive. []  (b) PROGRAM REQUIREMENTS- The program established under
 subsection (a) of this section-- []  (1) shall be carried out through review and approval of
 each railroad carrier's operator qualification standards; []  (2) shall provide minimum training requirements; []  (3) shall require comprehensive knowledge of applicable
 railroad carrier operating practices and rules; []  (4) except as provided in subsection (c)(1) of this section,
 shall require consideration, to the extent the information is available,
 of the motor vehicle driving record of each individual seeking licensing
 or certification, including-- []  (A) any denial, cancellation, revocation, or suspension of
 a motor vehicle operator's license by a State for cause within the prior
 5 years; and []  (B) any conviction within the prior 5 years of an offense
 described in section 30304(a)(3)(A) or (B) of this title; []  (5) may require, based on the individual's driving record,
 disqualification or the granting of a license or certification conditioned
 on requirements the Secretary prescribes; and []  (6) shall require an individual seeking a license or
 certification-- []  (A) to request the chief driver licensing official of each
 State in which the individual has held a motor vehicle operator's license
 within the prior 5 years to provide information about the individual's
 driving record to the individual's employer, prospective employer, or the
 Secretary, as the Secretary requires; and []  (B) to make the request provided for in section 30305(b)(4)
 of this title for information to be sent to the individual's employer,
 prospective employer, or the Secretary, as the Secretary requires. []  (c) WAIVERS- (1) The Secretary shall prescribe standards
 and establish procedures for waiving subsection (b)(4) of this section
 for an individual or class of individuals who the Secretary decides are
 not currently unfit to operate a locomotive. However, the Secretary may
 waive subsection (b)(4) for an individual or class of individuals with a
 conviction, cancellation, revocation, or suspension described in paragraph
 (2)(A) or (B) of this subsection only if the individual or class, after the
 conviction, cancellation, revocation, or suspension, successfully completes
 a rehabilitation program established by a railroad carrier or approved by
 the Secretary. []  (2) If an individual, after the conviction, cancellation,
 revocation, or suspension, successfully completes a rehabilitation
 program established by a railroad carrier or approved by the Secretary,
 the individual may not be denied a license or certification under subsection
 (b)(4) of this section because of-- []  (A) a conviction for operating a motor vehicle when under
 the influence of, or impaired by, alcohol or a controlled substance; or
 []  (B) the cancellation, revocation, or suspension of the
 individual's motor vehicle operator's license for operating a motor vehicle
 when under the influence of, or impaired by, alcohol or a controlled
 substance. []  (d) OPPORTUNITY FOR HEARING- An individual denied a
 license or certification or whose license or certification is conditioned
 on requirements prescribed under subsection (b)(4) of this section shall
 be entitled to a hearing under section 20103(e) of this title to decide
 whether the license has been properly denied or conditioned. []  (e) OPPORTUNITY TO EXAMINE AND COMMENT ON INFORMATION- The
 Secretary, employer, or prospective employer, as appropriate, shall make
 information obtained under subsection (b)(6) of this section available to
 the individual. The individual shall be given an opportunity to comment in
 writing about the information. Any comment shall be included in any record
 or file maintained by the Secretary, employer, or prospective employer that
 contains information to which the comment is related. [] Sec. 20136. Automatic train control and related systems
 []  (a) GENERAL- The Secretary of Transportation shall prescribe
 regulations and issue orders that may be necessary to require that--
 []  (1) an individual performing a test of an automatic train
 stop, train control, or cab signal apparatus required by the Secretary to be
 performed before entering territory where the apparatus will be used shall
 certify in writing that the test was performed properly; and []  (2) the certification required under clause (1) of this
 subsection shall be maintained in the same way and place as the daily
 inspection report for the locomotive. []  (b) STUDY AND REPORT- (1) In consultation with Amtrak,
 freight carriers, commuter agencies, employee representatives, railroad
 passengers, and railroad equipment manufacturers, the Secretary shall
 study the advisability and feasibility of requiring automatic train control
 systems, including systems using advanced technology, such as transponder
 and satellite relay systems, on each railroad corridor on which passengers
 or hazardous material are carried. The study shall include-- []  (A) a specific assessment of the dangers of not requiring
 automatic train control systems on each corridor, based on analysis of the
 number of passenger trains, individuals, and freight trains traveling on
 the corridor daily, the frequency of train movements, mileage traveled,
 and the accident and incident history on the corridor; []  (B) an analysis of the cost of requiring the systems to be
 installed on each corridor; and []  (C) an investigation of alternative means of achieving the
 same safety objectives that would be achieved by requiring automatic train
 control systems to be installed. []  (2) The Secretary shall submit to Congress not later than
 April 1, 1990, a report detailing the results of the study. [] Sec. 20137. Event recorders []  (a) DEFINITION- In this section, `event recorder' means a
 device that-- []  (1) records train speed, hot box detection, throttle position,
 brake application, brake operations, and any other function the Secretary
 of Transportation considers necessary to record to assist in monitoring
 the safety of train operation, such as time and signal indication; and
 []  (2) is designed to resist tampering. []  (b) REGULATIONS AND ORDERS- Not later than December 22,
 1989, the Secretary shall prescribe regulations and issue orders that
 may be necessary to enhance safety by requiring that a train be equipped
 with an event recorder not later than one year after the regulations are
 prescribed and the orders are issued. However, if the Secretary finds it
 is impracticable to equip trains within that one-year period, the Secretary
 may extend the period to a date that is not later than 18 months after the
 regulations are prescribed and the orders are issued. [] Sec. 20138. Tampering with safety and operational monitoring
 devices []  (a) GENERAL- The Secretary of Transportation shall prescribe
 regulations and issue orders that may be necessary to prohibit the willful
 tampering with, or disabling of, any specified railroad safety or operational
 monitoring device. []  (b) PENALTIES- (1) A railroad carrier operating a train on
 which a safety or operational monitoring device is tampered with or disabled
 in violation of a regulation prescribed or order issued under subsection
 (a) of this section is liable to the United States Government for a civil
 penalty under section 21301 of this title. []  (2) An individual tampering with or disabling a safety or
 operational monitoring device in violation of a regulation prescribed or
 order issued under subsection (a) of this section, or knowingly operating
 or allowing to be operated a train on which such a device has been tampered
 with or disabled, is liable for penalties established by the Secretary. The
 penalties may include-- []  (A) a civil penalty under section 21301 of this title;
 []  (B) suspension from work; and []  (C) suspension or loss of a license or certification issued
 under section 20135 of this title. [] Sec. 20139. Maintenance-of-way operations []  (a) GENERAL- Not later than June 22, 1989, the Secretary
 of Transportation shall prescribe regulations and issue orders that may
 be necessary for the safety of maintenance-of-way employees, including
 standards for bridge safety equipment, such as nets, walkways, handrails,
 and safety lines, and requirements related to instances when vessels shall
 be used. []  (b) BLUE SIGNAL PROTECTION- The Secretary shall prescribe
 regulations applying blue signal protection to on-track vehicles where rest
 is provided. [] CHAPTER 203--SAFETY APPLIANCES [] Sec. [] 20301. Definition and nonapplication. [] 20302. General requirements. [] 20303. Exemption for moving defective and insecure vehicles
 needing repairs. [] 20304. Assumption of risk by employees. [] 20305. Inspection of mail cars. [] Sec. 20301. Definition and nonapplication []  (a) DEFINITION- In this chapter, `vehicle' means a car,
 locomotive, tender, or similar vehicle. []  (b) NONAPPLICATION- This chapter does not apply to the
 following: []  (1) a train of 4-wheel coal cars. []  (2) a train of 8-wheel standard logging cars if the height
 of each car from the top of the rail to the center of the coupling is not
 more than 25 inches. []  (3) a locomotive used in hauling a train referred to in
 clause (2) of this subsection when the locomotive and cars of the train
 are used only to transport logs. [] Sec. 20302. General requirements []  (a) GENERAL- Except as provided in subsection (c) of this
 section and section 20303 of this title, a railroad carrier may use or
 allow to be used on any of its railroad lines-- []  (1) a vehicle only if it is equipped with-- []  (A) couplers coupling automatically by impact, and capable
 of being uncoupled, without the necessity of individuals going between the
 ends of the vehicles; []  (B) secure sill steps and efficient hand brakes; and
 []  (C) secure ladders and running boards when required by the
 Secretary of Transportation, and, if ladders are required, secure handholds
 or grab irons on its roof at the top of each ladder; []  (2) except as otherwise ordered by the Secretary, a vehicle
 only if it is equipped with secure grab irons or handholds on its ends and
 sides for greater security to individuals in coupling and uncoupling vehicles;
 []  (3) a vehicle only if it complies with the standard height of
 drawbars required by regulations prescribed by the Secretary; []  (4) a locomotive only if it is equipped with a power-driving
 wheel brake and appliances for operating the train-brake system; and
 []  (5) a train only if-- []  (A) enough of the vehicles in the train are equipped with
 power or train brakes so that the engineer on the locomotive hauling the
 train can control the train's speed without the necessity of brake operators
 using the common hand brakes for that purpose; and []  (B) at least 50 percent of the vehicles in the train are
 equipped with power or train brakes and the engineer is using the power or
 train brakes on those vehicles and on all other vehicles equipped with them
 that are associated with those vehicles in the train. []  (b) REFUSAL TO RECEIVE VEHICLES NOT PROPERLY EQUIPPED-
 A railroad carrier complying with subsection (a)(5)(A) of this section may
 refuse to receive from a railroad line of a connecting railroad carrier or
 a shipper a vehicle that is not equipped with power or train brakes that
 will work and readily interchange with the power or train brakes in use on
 the vehicles of the complying railroad carrier. []  (c) COMBINED VEHICLES LOADING AND HAULING LONG COMMODITIES-
 Notwithstanding subsection (a)(1)(B) of this section, when vehicles are
 combined to load and haul long commodities, only one of the vehicles must
 have hand brakes during the loading and hauling. []  (d) AUTHORITY TO CHANGE REQUIREMENTS- The Secretary may--
 []  (1) change the number, dimensions, locations, and manner of
 application prescribed by the Secretary for safety appliances required by
 subsection (a)(1) (B) and (C) and (2) of this section only for good cause
 and after providing an opportunity for a full hearing; []  (2) amend regulations for installing, inspecting, maintaining,
 and repairing power and train brakes only for the purpose of achieving
 safety; and []  (3) increase, after an opportunity for a full hearing, the
 minimum percentage of vehicles in a train that are required by subsection
 (a)(5)(B) of this section to be equipped and used with power or train
 brakes. []  (e) SERVICES OF ASSOCIATION OF AMERICAN RAILROADS- In
 carrying out subsection (d)(2) and (3) of this section, the Secretary may
 use the services of the Association of American Railroads. [] Sec. 20303. Exemption for moving defective and insecure
 vehicles needing repairs []  (a) GENERAL- A vehicle that is equipped in compliance with
 this chapter whose equipment becomes defective or insecure, nevertheless may
 be moved when necessary to make repairs, without a penalty being imposed
 under section 20306 of this title, from the place at which the defect or
 insecurity was first discovered to the nearest available place at which
 the repairs can be made-- []  (1) on the railroad line on which the defect or insecurity
 was discovered; or []  (2) at the option of a connecting railroad carrier, on the
 railroad line of the connecting carrier, if not farther than the place of
 repair described in clause (1) of this subsection. []  (b) USE OF CHAINS INSTEAD OF DRAWBARS- A vehicle in a revenue
 train or in association with commercially-used vehicles may be moved under
 this section with chains instead of drawbars only when the vehicle contains
 livestock or perishable freight. []  (c) LIABILITY- The movement of a vehicle under this section
 is at the risk only of the railroad carrier doing the moving. This section
 does not relieve a carrier from liability in a proceeding to recover damages
 for death or injury of a railroad employee arising from the movement of a
 vehicle with equipment that is defective, insecure, or not maintained in
 compliance with this chapter. [] Sec. 20304. Assumption of risk by employees []  An employee of a railroad carrier injured by a vehicle or
 train used in violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of
 this title does not assume the risk of injury resulting from the violation,
 even if the employee continues to be employed by the carrier after learning
 of the violation. [] Sec. 20305. Inspection of mail cars []  The Secretary of Transportation shall inspect the
 construction, adaptability, design, and condition of mail cars used on
 railroads in the United States. The Secretary shall make a report on the
 inspection and submit a copy of the report to the United States Postal
 Service. [] CHAPTER 205--SIGNAL SYSTEMS [] Sec. [] 20501. Definition. [] 20502. Requirements for installation and use. [] 20503. Amending regulations and changing
 requirements. [] 20504. Inspection, testing, and investigation. [] 20505. Reports of malfunctions and accidents. [] Sec. 20501. Definition []  In this chapter, `signal system' means a block signal system,
 an interlocking, automatic train stop, train control, or cab-signal device,
 or a similar appliance, method, device, or system intended to promote safety
 in railroad operations. [] Sec. 20502. Requirements for installation and use []  (a) INSTALLATION- (1) When the Secretary of Transportation
 decides after an investigation that it is necessary in the public interest,
 the Secretary may order a railroad carrier to install, on any part of
 its railroad line, a signal system that complies with requirements of
 the Secretary. The order must allow the carrier a reasonable time to
 complete the installation. A carrier may discontinue or materially alter a
 signal system required under this paragraph only with the approval of the
 Secretary. []  (2) A railroad carrier ordered under paragraph (1) of this
 subsection to install a signal system on one part of its railroad line may
 not be held negligent for not installing the system on any part of its line
 that was not included in the order. If an accident or incident occurs on a
 part of the line on which the signal system was not required to be installed
 and was not installed, the use of the system on another part of the line
 may not be considered in a civil action brought because of the accident or
 incident. []  (b) USE- A railroad carrier may allow a signal system to be
 used on its railroad line only when the system, including its controlling
 and operating appurtenances-- []  (1) may be operated safely without unnecessary risk of
 personal injury; and []  (2) has been inspected and can meet any test prescribed
 under this chapter. [] Sec. 20503. Amending regulations and changing requirements
 []  The Secretary of Transportation may amend a regulation
 or change a requirement applicable to a railroad carrier for installing,
 maintaining, inspecting, or repairing a signal system under this chapter--
 []  (1) when the carrier files with the Secretary a request
 for the amendment or change and the Secretary approves the request; or
 []  (2) on the Secretary's own initiative for good cause
 shown. [] Sec. 20504. Inspection, testing, and investigation []  (a) SYSTEMS IN USE- (1) The Secretary of Transportation may--
 []  (A) inspect and test a signal system used by a railroad
 carrier; and []  (B) decide whether the system is in safe operating
 condition. []  (2) In carrying out this subsection, the Secretary may
 employ only an individual who-- []  (A) has no interest in a patented article required to be
 used on or with a signal system; and []  (B) has no financial interest in a railroad carrier or in
 a concern dealing in railroad supplies. []  (b) SYSTEMS SUBMITTED FOR INVESTIGATION AND TESTING- The
 Secretary may investigate, test, and report on the use of and need for a
 signal system, without cost to the United States Government, when the system
 is submitted in completed shape for investigation and testing. [] Sec. 20505. Reports of malfunctions and accidents []  In the way and to the extent required by the Secretary of
 Transportation, a railroad carrier shall report to the Secretary a failure
 of a signal system to function as intended. If the failure results in an
 accident or incident causing injury to an individual or property that is
 required to be reported under regulations prescribed by the Secretary, the
 carrier owning or maintaining the signal system shall report to the Secretary
 immediately in writing the fact of the accident or incident. [] CHAPTER 207--LOCOMOTIVES [] Sec. [] 20701. Requirements for use. [] 20702. Inspections, repairs, and inspection and repair
 reports. [] 20703. Accident reports and investigations. [] Sec. 20701. Requirements for use []  A railroad carrier may use or allow to be used a locomotive
 or tender on its railroad line only when the locomotive or tender and its
 parts and appurtenances-- []  (1) are in proper condition and safe to operate without
 unnecessary danger of personal injury; []  (2) have been inspected as required under this chapter and
 regulations prescribed by the Secretary of Transportation under this chapter;
 and []  (3) can withstand every test prescribed by the Secretary
 under this chapter. [] Sec. 20702. Inspections, repairs, and inspection and repair
 reports []  (a) GENERAL- The Secretary of Transportation shall--
 []  (1) become familiar, so far as practicable, with the condition
 of every locomotive and tender and its parts and appurtenances; []  (2) inspect every locomotive and tender and its parts and
 appurtenances as necessary to carry out this chapter, but not necessarily
 at stated times or at regular intervals; and []  (3) ensure that every railroad carrier makes inspections
 of locomotives and tenders and their parts and appurtenances as required
 by regulations prescribed by the Secretary and repairs every defect that
 is disclosed by an inspection before a defective locomotive, tender, part,
 or appurtenance is used again. []  (b) NONCOMPLYING LOCOMOTIVES, TENDERS, AND PARTS- (1) When
 the Secretary finds that a locomotive, tender, or locomotive or tender
 part or appurtenance owned or operated by a railroad carrier does not
 comply with this chapter or a regulation prescribed under this chapter,
 the Secretary shall give the carrier written notice describing any defect
 resulting in noncompliance. Not later than 5 days after receiving the
 notice of noncompliance, the carrier may submit a written request for a
 reinspection. On receiving the request, the Secretary shall provide for the
 reinspection by an officer or employee of the Department of Transportation
 who did not make the original inspection. The reinspection shall be made
 not later than 15 days after the date the Secretary gives the notice of
 noncompliance. []  (2) Immediately after the reinspection is completed,
 the Secretary shall give written notice to the railroad carrier stating
 whether the locomotive, tender, part, or appurtenance is in compliance. If
 the original finding of noncompliance is sustained, the carrier has 30 days
 after receipt of the notice to file an appeal with the Secretary. If the
 carrier files an appeal, the Secretary, after providing an opportunity for a
 proceeding, may revise or set aside the finding of noncompliance. []  (3) A locomotive, tender, part, or appurtenance found not in
 compliance under this subsection may be used only after it is-- []  (A) repaired to comply with this chapter and regulations
 prescribed under this chapter; or []  (B) found on reinspection or appeal to be in
 compliance. []  (c) REPORTS- A railroad carrier shall make and keep, in the
 way the Secretary prescribes by regulation, a report of every-- []  (1) inspection made under regulations prescribed by the
 Secretary; and []  (2) repair made of a defect disclosed by such an
 inspection. []  (d) CHANGES IN INSPECTION PROCEDURES- A railroad carrier may
 change a rule or instruction of the carrier governing the inspection by the
 carrier of the locomotives and tenders and locomotive and tender parts and
 appurtenances of the carrier when the Secretary approves a request filed
 by the carrier to make the change. [] Sec. 20703. Accident reports and investigations []  (a) ACCIDENT REPORTS AND SCENE PRESERVATION- When the failure
 of a locomotive, tender, or locomotive or tender part or appurtenance results
 in an accident or incident causing serious personal injury or death, the
 railroad carrier owning or operating the locomotive or tender-- []  (1) immediately shall file with the Secretary of
 Transportation a written statement of the fact of the accident or incident;
 and []  (2) when the locomotive is disabled to the extent it cannot
 be operated under its own power, shall preserve intact all parts affected by
 the accident or incident, if possible without interfering with traffic, until
 an investigation of the accident or incident is completed. []  (b) INVESTIGATIONS- The Secretary shall-- []  (1) investigate each accident and incident reported under
 subsection (a) of this section; []  (2) inspect each part affected by the accident or incident;
 and []  (3) make a complete and detailed report on the cause of
 the accident or incident. []  (c) PUBLICATION AND USE OF INVESTIGATION REPORTS- When the
 Secretary considers publication to be in the public interest, the Secretary
 may publish a report of an investigation made under this section, stating the
 cause of the accident or incident and making appropriate recommendations. No
 part of a report may be admitted into evidence or used in a civil action
 for damages resulting from a matter mentioned in the report. [] CHAPTER 209--ACCIDENTS AND INCIDENTS [] Sec. [] 20901. Reports. [] 20902. Investigations. [] 20903. Reports not evidence in civil actions for
 damages. [] Sec. 20901. Reports []  Not later than 30 days after the end of each month, a
 railroad carrier shall file a report with the Secretary of Transportation on
 all accidents and incidents resulting in injury or death to an individual or
 damage to equipment or a roadbed arising from the carrier's operations during
 the month. The report shall be under oath and shall state the nature, cause,
 and circumstances of each reported accident or incident. If a railroad
 carrier assigns human error as a cause, the report shall include, at the
 option of each employee whose error is alleged, a statement by the employee
 explaining any factors the employee alleges contributed to the accident or
 incident. [] Sec. 20902. Investigations []  (a) GENERAL AUTHORITY- The Secretary of Transportation,
 or an impartial investigator authorized by the Secretary, may investigate--
 []  (1) an accident or incident resulting in serious injury to
 an individual or to railroad property, occurring on the railroad line of
 a railroad carrier; and []  (2) an accident or incident reported under section 20505
 of this title. []  (b) OTHER DUTIES AND POWERS- In carrying out an investigation,
 the Secretary or authorized investigator may subpena witnesses, require the
 production of records, exhibits, and other evidence, administer oaths, and
 take testimony. If the accident or incident is investigated by a commission
 of the State in which it occurred, the Secretary, if convenient, shall
 carry out the investigation at the same time as, and in coordination with,
 the commission's investigation. The railroad carrier on whose railroad line
 the accident or incident occurred shall provide reasonable facilities to
 the Secretary for the investigation. []  (c) REPORTS- When in the public interest, the Secretary
 shall make a report of the investigation, stating the cause of the
 accident or incident and making recommendations the Secretary considers
 appropriate. The Secretary shall publish the report in a way the Secretary
 considers appropriate. [] Sec. 20903. Reports not evidence in civil actions for damages
 []  No part of an accident or incident report filed by a
 railroad carrier under section 20901 of this title or made by the Secretary of
 Transportation under section 20902 of this title may be used in a civil action
 for damages resulting from a matter mentioned in the report. [] CHAPTER 211--HOURS OF SERVICE [] Sec. [] 21101. Definitions. [] 21102. Nonapplication and exemption. [] 21103. Limitations on duty hours of train employees. [] 21104. Limitations on duty hours of signal employees. [] 21105. Limitations on duty hours of dispatching service
 employees. [] 21106. Limitations on employee sleeping quarters. [] 21107. Maximum duty hours and subjects of collective
 bargaining. [] Sec. 21101. Definitions []  In this chapter-- []  (1) `designated terminal' means the home or away-from-home
 terminal for the assignment of a particular crew. []  (2) `dispatching service employee' means an operator,
 train dispatcher, or other train employee who by the use of an electrical
 or mechanical device dispatches, reports, transmits, receives, or delivers
 orders related to or affecting train movements. []  (3) `employee' means a dispatching service employee,
 a signal employee, or a train employee. []  (4) `signal employee' means an individual employed by a
 railroad carrier who is engaged in installing, repairing, or maintaining
 signal systems. []  (5) `train employee' means an individual engaged in or
 connected with the movement of a train, including a hostler. [] Sec. 21102. Nonapplication and exemption []  (a) GENERAL- This chapter does not apply to a situation
 involving any of the following: []  (1) a casualty. []  (2) an unavoidable accident. []  (3) an act of God. []  (4) a delay resulting from a cause unknown and unforeseeable
 to a railroad carrier or its officer or agent in charge of the employee
 when the employee left a terminal. []  (b) EXEMPTION- The Secretary of Transportation may exempt
 a railroad carrier having not more than 15 employees covered by this
 chapter from the limitations imposed by this chapter. The Secretary may
 allow the exemption after a full hearing, for good cause shown, and on
 deciding that the exemption is in the public interest and will not affect
 safety adversely. The exemption shall be for a specific period of time and
 is subject to review at least annually. The exemption may not authorize a
 carrier to require or allow its employees to be on duty more than a total
 of 16 hours in a 24-hour period. [] Sec. 21103. Limitations on duty hours of train employees
 []  (a) GENERAL- Except as provided in subsection (c) of this
 section, a railroad carrier and its officers and agents may not require or
 allow a train employee to remain or go on duty-- []  (1) unless that employee has had at least 8 consecutive
 hours off duty during the prior 24 hours; or []  (2) after that employee has been on duty for 12 consecutive
 hours, until that employee has had at least 10 consecutive hours off
 duty. []  (b) DETERMINING TIME ON DUTY- In determining under subsection
 (a) of this section the time a train employee is on or off duty, the
 following rules apply: []  (1) Time on duty begins when the employee reports for duty
 and ends when the employee is finally released from duty. []  (2) Time the employee is engaged in or connected with the
 movement of a train is time on duty. []  (3) Time spent performing any other service for the railroad
 carrier during a 24-hour period in which the employee is engaged in or
 connected with the movement of a train is time on duty. []  (4) Time spent in deadhead transportation to a duty
 assignment is time on duty, but time spent in deadhead transportation from
 a duty assignment to the place of final release is neither time on duty
 nor time off duty. []  (5) An interim period available for rest at a place other
 than a designated terminal is time on duty. []  (6) An interim period available for less than 4 hours rest
 at a designated terminal is time on duty. []  (7) An interim period available for at least 4 hours rest at
 a place with suitable facilities for food and lodging is not time on duty
 when the employee is prevented from getting to the employee's designated
 terminal by any of the following: []  (A) a casualty. []  (B) a track obstruction. []  (C) an act of God. []  (D) a derailment or major equipment failure resulting from
 a cause that was unknown and unforeseeable to the railroad carrier or its
 officer or agent in charge of that employee when that employee left the
 designated terminal. []  (c) EMERGENCIES- A train employee on the crew of a wreck
 or relief train may be allowed to remain or go on duty for not more than 4
 additional hours in any period of 24 consecutive hours when an emergency
 exists and the work of the crew is related to the emergency. In this
 subsection, an emergency ends when the track is cleared and the railroad
 line is open for traffic. [] Sec. 21104. Limitations on duty hours of signal employees
 []  (a) GENERAL- (1) In paragraph (2)(C) of this subsection,
 `24-hour period' means the period beginning when a signal employee reports
 for duty immediately after 8 consecutive hours off duty or, when required
 under paragraph (2)(B) of this subsection, after 10 consecutive hours off
 duty. []  (2) Except as provided in subsection (c) of this section,
 a railroad carrier and its officers and agents may not require or allow a
 signal employee to remain or go on duty-- []  (A) unless that employee has had at least 8 consecutive
 hours off duty during the prior 24 hours; []  (B) after that employee has been on duty for 12 consecutive
 hours, until that employee has had at least 10 consecutive hours off duty;
 or []  (C) after that employee has been on duty a total of 12
 hours during a 24-hour period, or after the end of that 24-hour period,
 whichever occurs first, until that employee has had at least 8 consecutive
 hours off duty. []  (b) DETERMINING TIME ON DUTY- In determining under subsection
 (a) of this section the time a signal employee is on duty or off duty,
 the following rules apply: []  (1) Time on duty begins when the employee reports for duty
 and ends when the employee is finally released from duty. []  (2) Time spent performing any other service for the
 railroad carrier during a 24-hour period in which the employee is engaged
 in installing, repairing, or maintaining signal systems is time on
 duty. []  (3) Time spent returning from a trouble call, whether
 the employee goes directly to the employee's residence or by way of the
 employee's headquarters, is neither time on duty nor time off duty, except
 that up to one hour of that time spent returning from the final trouble call
 of a period of continuous or broken service is time off duty. []  (4) If, at the end of scheduled duty hours, an employee has
 not completed the trip from the final outlying worksite of the duty period
 to the employee's headquarters or directly to the employee's residence,
 the time after the scheduled duty hours necessarily spent in completing the
 trip to the residence or headquarters is neither time on duty nor time off
 duty. []  (5) If an employee is released from duty at an outlying
 worksite before the end of the employee's scheduled duty hours to comply
 with this section, the time necessary for the trip from the worksite to the
 employee's headquarters or directly to the employee's residence is neither
 time on duty nor time off duty. []  (6) Time spent in transportation on an ontrack vehicle,
 including time referred to in paragraphs (3)-(5) of this subsection, is
 time on duty. []  (7) A regularly scheduled meal period or another release
 period of at least 30 minutes but not more than one hour is time off duty
 and does not break the continuity of service of the employee under this
 section, but a release period of more than one hour is time off duty and
 does break the continuity of service. []  (c) EMERGENCIES- A signal employee may be allowed to remain
 or go on duty for not more than 4 additional hours in any period of 24
 consecutive hours when an emergency exists and the work of that employee
 is related to the emergency. In this subsection, an emergency ends when
 the signal system is restored to service. [] Sec. 21105. Limitations on duty hours of dispatching service
 employees []  (a) APPLICATION- This section applies, rather than section
 21103 or 21104 of this title, to a train employee or signal employee during
 any period of time the employee is performing duties of a dispatching
 service employee. []  (b) GENERAL- Except as provided in subsection (d) of this
 section, a dispatching service employee may not be required or allowed to
 remain or go on duty for more than-- []  (1) a total of 9 hours during a 24-hour period in a tower,
 office, station, or place at which at least 2 shifts are employed; or
 []  (2) a total of 12 hours during a 24-hour period in a tower,
 office, station, or place at which only one shift is employed. []  (c) DETERMINING TIME ON DUTY- Under subsection (b) of this
 section, time spent performing any other service for the railroad carrier
 during a 24-hour period in which the employee is on duty in a tower, office,
 station, or other place is time on duty in that tower, office, station,
 or place. []  (d) EMERGENCIES- When an emergency exists, a dispatching
 service employee may be allowed to remain or go on duty for not more than 4
 additional hours during a period of 24 consecutive hours for not more than
 3 days during a period of 7 consecutive days. [] Sec. 21106. Limitations on employee sleeping quarters
 []  A railroad carrier and its officers and agents-- []  (1) may provide sleeping quarters (including crew quarters,
 camp or bunk cars, and trailers) for employees, and any individuals
 employed to maintain the right of way of a railroad carrier, only if the
 sleeping quarters are clean, safe, and sanitary and give those employees
 and individuals an opportunity for rest free from the interruptions caused
 by noise under the control of the carrier; and []  (2) may not begin, after July 7, 1976, construction or
 reconstruction of sleeping quarters referred to in clause (1) of this
 section in an area or in the immediate vicinity of an area, as determined
 under regulations prescribed by the Secretary of Transportation, in which
 railroad switching or humping operations are performed. [] Sec. 21107. Maximum duty hours and subjects of collective
 bargaining []  The number of hours established by this chapter that an
 employee may be required or allowed to be on duty is the maximum number of
 hours consistent with safety. Shorter hours of service and time on duty of
 an employee are proper subjects for collective bargaining between a railroad
 carrier and its employees. [] CHAPTER 213--PENALTIES [] SUBCHAPTER I--CIVIL PENALTIES [] Sec. [] 21301. Chapter 201 general violations. [] 21302. Chapter 201 accident and incident violations and
 chapter 203-209 violations. [] 21303. Chapter 211 violations. [] 21304. Willfulness requirement for penalties against
 individuals. [] SUBCHAPTER II--CRIMINAL PENALTIES [] 21311. Records and reports. [] SUBCHAPTER I--CIVIL PENALTIES [] Sec. 21301. Chapter 201 general violations []  (a) PENALTY- (1) Subject to section 21304 of this title,
 a person violating a regulation prescribed or order issued by the Secretary
 of Transportation under chapter 201 of this title is liable to the United
 States Government for a civil penalty. The Secretary shall impose the
 penalty applicable under paragraph (2) of this subsection. A separate
 violation occurs for each day the violation continues. []  (2) The Secretary shall include in, or make applicable to,
 each regulation prescribed and order issued under chapter 201 of this title
 a civil penalty for a violation. The amount of the penalty shall be at least
 $250 but not more than $10,000. However, when a grossly negligent violation
 or a pattern of repeated violations has caused an imminent hazard of death
 or injury to individuals, or has caused death or injury, the amount may be
 not more than $20,000. []  (3) The Secretary may compromise the amount of a civil
 penalty imposed under this subsection to not less than $250 before referral
 to the Attorney General. []  (b) 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. []  (c) DEPOSIT IN TREASURY- A civil penalty collected under
 this section or section 20113(b) of this title shall be deposited in the
 Treasury as miscellaneous receipts. [] Sec. 21302. Chapter 201 accident and incident violations
 and chapter 203-209 violations []  (a) PENALTY- (1) Subject to section 21304 of this title, a
 person violating a regulation prescribed or order issued under chapter 201
 of this title related to accident and incident reporting or investigation,
 or violating chapters 203-209 of this title or a regulation or requirement
 prescribed or order issued under chapters 203-209, is liable to the United
 States Government for a civil penalty. An act by an individual that causes
 a railroad carrier to be in violation is a violation. A separate violation
 occurs for each day the violation continues. []  (2) The Secretary of Transportation imposes a civil penalty
 under this subsection. The amount of the penalty shall be at least $250
 but not more than $10,000. However when a grossly negligent violation or a
 pattern of repeated violations has caused an imminent hazard of death or
 injury to individuals, or has caused death or injury, the amount may be
 not more than $20,000. []  (3) If the Secretary does not compromise the amount of a
 civil penalty under section 3711 of title 31, the Secretary shall refer
 the matter to the Attorney General for collection. []  (b) CIVIL ACTIONS TO COLLECT- The Attorney General shall bring
 a civil action to collect a civil penalty that is referred to the Attorney
 General for collection under subsection (a) of this section. The action
 may be brought in the judicial district in which the violation occurred or
 the defendant has its principal executive office. If the action is against
 an individual, the action also may be brought in the judicial district in
 which the individual resides. [] Sec. 21303. Chapter 211 violations []  (a) PENALTY- (1) Subject to section 21304 of this title, a
 person violating chapter 211 of this title is liable to the United States
 Government for a civil penalty. An act by an individual that causes a
 railroad carrier to be in violation is a violation. For a violation of
 section 21106 of this title, a separate violation occurs for each day a
 facility is not in compliance. []  (2) The Secretary of Transportation imposes a civil penalty
 under this subsection. The amount of the penalty may be not more than
 $1,000. []  (3) If the Secretary does not compromise the amount of a
 civil penalty under section 3711 of title 31, the Secretary shall refer
 the matter to the Attorney General for collection. []  (b) CIVIL ACTIONS TO COLLECT- (1) The Attorney General shall
 bring a civil action to collect a civil penalty that is referred to the
 Attorney General for collection under subsection (a) of this section after
 satisfactory information is presented to the Attorney General. The action
 may be brought in the judicial district in which the violation occurred or
 the defendant has its principal executive office. If the action is against
 an individual, the action also may be brought in the judicial district in
 which the individual resides. []  (2) A civil action under this subsection must be brought not
 later than 2 years after the date of the violation unless administrative
 notification under section 3711 of title 31 is given within that 2-year
 period to the person committing the violation. However, even if notification
 is given, the action must be brought within the period specified in section
 2462 of title 28. []  (c) IMPUTATION OF KNOWLEDGE- In any proceeding under this
 section, a railroad carrier is deemed to know the acts of its officers and
 agents. [] Sec. 21304. Willfulness requirement for penalties against
 individuals []  A civil penalty under this subchapter may be imposed against
 an individual only for a willful violation. An individual is deemed not
 to have committed a willful violation if the individual was following the
 direct order of a railroad carrier official or supervisor under protest
 communicated to the official or supervisor. The individual is entitled to
 document the protest. [] SUBCHAPTER II--CRIMINAL PENALTIES [] Sec. 21311. Records and reports []  (a) RECORDS AND REPORTS UNDER CHAPTER 201- A person shall
 be fined under title 18, imprisoned for not more than 2 years, or both,
 if the person knowingly and willfully-- []  (1) makes a false entry in a record or report required to
 be made or preserved under chapter 201 of this title; []  (2) destroys, mutilates, changes, or by another means
 falsifies such a record or report; []  (3) does not enter required specified facts and transactions
 in such a record or report; []  (4) makes or preserves such a record or report in violation
 of a regulation prescribed or order issued under chapter 201 of this title;
 or []  (5) files a false record or report with the Secretary of
 Transportation. []  (b) ACCIDENT AND INCIDENT REPORTS- A railroad carrier not
 filing the report required by section 20901 of this title shall be fined
 not more than $100 for each violation and not more than $100 for each day
 during which the report is overdue. [] PART B--ASSISTANCE [] CHAPTER 221--LOCAL RAIL FREIGHT ASSISTANCE [] Sec. [] 22101. Financial assistance for State projects. [] 22102. Eligibility. [] 22103. Applications. [] 22104. State rail plan financing. [] 22105. Sharing project costs. [] 22106. Limitations on financial assistance. [] 22107. Records, audits, and information. [] 22108. Authorization of appropriations. [] Sec. 22101. Financial assistance for State projects
 []  (a) GENERAL- The Secretary of Transportation shall provide
 financial assistance to a State, as provided under this chapter, for a
 rail freight assistance project of the State when a rail carrier subject
 to subchapter I of chapter 105 of this title maintains a rail line in the
 State. The assistance is for the cost of-- []  (1) acquiring, in any way the State considers appropriate,
 an interest in a rail line or rail property to maintain existing, or to
 provide future, rail freight transportation, but only if the Interstate
 Commerce Commission has authorized, or exempted from the requirements
 of that authorization, the abandonment of, or the discontinuance of rail
 transportation on, the rail line related to the project; []  (2) improving and rehabilitating rail property on a rail
 line to the extent necessary to allow adequate and efficient rail freight
 transportation on the line, but only if the rail carrier certifies that
 the rail line related to the project carried not more than 5,000,000 gross
 ton-miles of freight a mile in the prior year; and []  (3) building rail or rail-related facilities (including
 new connections between at least 2 existing rail lines, intermodal freight
 terminals, sidings, bridges, and relocation of existing lines) to improve
 the quality and efficiency of the rail freight transportation, but only
 if the rail carrier certifies that the rail line related to the project
 carried not more than 5,000,000 gross ton-miles of freight a mile in the
 prior year. []  (b) CALCULATING COST-BENEFIT RATIO- The Secretary shall
 establish a methodology for calculating the ratio of benefits to costs
 of projects proposed under this chapter. In establishing the methodology,
 the Secretary shall consider the need for equitable treatment of different
 regions of the United States and different commodities transported by
 rail. The establishment of the methodology is committed to the discretion
 of the Secretary. []  (c) CONDITIONS- (1) Assistance for a project shall be
 provided under this chapter only if-- []  (A) a rail carrier certifies that the rail line related
 to the project carried more than 20 carloads a mile during the most recent
 year during which transportation was provided by the carrier on the line;
 and []  (B) the ratio of benefits to costs for the project, as
 calculated using the methodology established under subsection (b) of this
 section, is more than 1.0. []  (2) If the rail carrier that provided the transportation
 on the rail line is no longer in existence, the applicant for the project
 shall provide the information required by the certification under paragraph
 (1)(A) of this subsection in the way the Secretary prescribes. []  (3) The Secretary may waive the requirement of paragraph
 (1)(A) or (2) of this subsection if the Secretary-- []  (A) decides that the rail line has contractual guarantees
 of at least 40 carloads a mile for each of the first 2 years of operation
 of the proposed project; and []  (B) finds that there is a reasonable expectation that the
 contractual guarantees will be fulfilled. []  (d) LIMITATIONS ON AMOUNTS- A State may not receive more than
 15 percent of the amounts provided in a fiscal year under this chapter. Not
 more than 20 percent of the amounts available under this chapter may be
 provided in a fiscal year for any one project. [] Sec. 22102. Eligibility []  A State is eligible to receive financial assistance under
 this chapter only when the State complies with regulations the Secretary of
 Transportation prescribes under this chapter and the Secretary decides that--
 []  (1) the State has an adequate plan for rail transportation
 in the State and a suitable process for updating, revising, and modifying
 the plan; []  (2) the State plan is administered or coordinated by a
 designated State authority and provides for a fair distribution of resources;
 []  (3) the State authority-- []  (A) is authorized to develop, promote, supervise, and
 support safe, adequate, and efficient rail transportation; []  (B) employs or will employ sufficient qualified and trained
 personnel; []  (C) maintains or will maintain adequate programs of
 investigation, research, promotion, and development with opportunity for
 public participation; and []  (D) is designated and directed to take all practicable steps
 (by itself or with other State authorities) to improve rail transportation
 safety and reduce energy use and pollution related to transportation; and
 []  (4) the State has ensured that it maintains or will maintain
 adequate procedures for financial control, accounting, and performance
 evaluation for the proper use of assistance provided by the United States
 Government. [] Sec. 22103. Applications []  (a) FILING- A State must file an application with the
 Secretary of Transportation for financial assistance for a project described
 under section 22101(a) of this title not later than January 1 of the fiscal
 year for which amounts have been appropriated. However, for a fiscal year
 for which the authorization of appropriations for assistance under this
 chapter has not been enacted by the first day of the fiscal year, the State
 must file the application not later than 90 days after the date of enactment
 of a law authorizing the appropriations for that fiscal year. The Secretary
 shall prescribe the form of the application. []  (b) CONSIDERATIONS- In considering an application under
 this subsection, the Secretary shall consider the following: []  (1) the percentage of rail lines that rail carriers have
 identified to the Interstate Commerce Commission for abandonment or potential
 abandonment in the State. []  (2) the likelihood of future abandonments in the
 State. []  (3) the ratio of benefits to costs for a proposed project
 calculated using the methodology established under section 22101(b) of this
 title. []  (4) the likelihood that the rail line will continue operating
 with assistance. []  (5) the impact of rail bankruptcies, rail restructuring,
 and rail mergers on the State. [] Sec. 22104. State rail plan financing []  (a) ENTITLEMENT AND USES- On the first day of each fiscal
 year, each State is entitled to $36,000 of the amounts made available
 under section 22108 of this title during that fiscal year to be used--
 []  (1) to establish, update, revise, and modify the State plan
 required by section 22102 of this title; or []  (2) to carry out projects described in section 22101(a)(1),
 (2), or (3) of this title, as designated by the State, if those projects
 meet the requirements of section 22101(c)(1)(B) of this title. []  (b) APPLICATIONS- Each State must apply for amounts
 under this section not later than the first day of the fiscal year for
 which the amounts are available. However, for any fiscal year for which
 the authorization of appropriations for financial assistance under this
 chapter has not been enacted by the first day of the fiscal year, the State
 must apply for amounts under this section not later than 60 days after the
 date of enactment of a law authorizing the appropriations for that fiscal
 year. Not later than 60 days after receiving an application, the Secretary
 of Transportation shall consider the application and notify the State of
 the approval or disapproval of the application. []  (c) AVAILABILITY OF AMOUNTS- Amounts provided under this
 section remain available to a State for obligation for the first 3 months
 after the end of the fiscal year for which the amounts were made available.
 Amounts not applied for under this section or that remain unobligated after
 the first 3 months after the end of the fiscal year for which the amounts
 were made available are available to the Secretary for projects meeting
 the requirements of this chapter. [] Sec. 22105. Sharing project costs []  (a) GENERAL- (1) The United States Government's share of
 the costs of financial assistance for a project under this chapter is 50
 percent, except that for assistance provided under section 22101(a)(2)
 of this title, the Government's share is 70 percent. The State may pay its
 share of the costs in cash or through the following benefits, to the extent
 that the benefits otherwise would not be provided: []  (A) forgiveness of taxes imposed on a rail carrier or its
 property. []  (B) real and tangible personal property (provided by the
 State or a person for the State) necessary for the safe and efficient
 operation of rail freight transportation. []  (C) track rights secured by the State for a rail
 carrier. []  (D) the cash equivalent of State salaries for State employees
 working on the State project, except overhead and general administrative
 costs. []  (2) A State may pay more than its required percentage share of
 the costs of a project under this chapter. When a State, or a person acting
 for a State, pays more than the State share of the costs of its projects
 during a fiscal year, the excess amount shall be applied to the State share
 for the costs of the State projects for later fiscal years. []  (b) AGREEMENTS TO COMBINE AMOUNTS- States may agree to
 combine any part of the amounts made available under this chapter to carry
 out a project that is eligible for assistance under this chapter when--
 []  (1) the project will benefit each State making the agreement;
 and []  (2) the agreement is not a violation of State law. [] Sec. 22106. Limitations on financial assistance []  (a) GRANTS AND LOANS- A State shall use financial assistance
 for projects under this chapter to make a grant or lend money to the owner
 of rail property, or a rail carrier providing rail transportation, related
 to a project being assisted. The State shall decide on the financial terms
 of the grant or loan, except that the time for making grant advances shall
 comply with regulations of the Secretary of the Treasury. []  (b) HOLDING AND USE OF GOVERNMENT'S SHARE- The State shall
 place the United States Government's share of money that is repaid in an
 interest-bearing account. However, the Secretary of Transportation may allow
 a borrower to place that money, for the benefit of the State, in a bank
 designated by the Secretary of the Treasury under section 10 of the Act of
 June 11, 1942 (12 U.S.C. 265). The State shall use the money and accumulated
 interest to make other grants and loans under this chapter. []  (c) PAYMENT OF UNUSED MONEY AND ACCUMULATED INTEREST-
 The State may pay the Secretary of Transportation the Government's share
 of unused money and accumulated interest at any time. However, the State
 must pay the unused money and accumulated interest to the Secretary when
 the State ends its participation under this chapter. []  (d) ENCOURAGING PARTICIPATION- To the maximum extent
 possible, the State shall encourage the participation of shippers, rail
 carriers, and local communities in paying the State share of assistance
 costs. []  (e) RETENTION OF CONTINGENT INTEREST- Each State shall retain
 a contingent interest (redeemable preference shares) for the Government's
 share of amounts in a rail line receiving assistance under this chapter. The
 State may collect its share of the amounts used for the rail line if--
 []  (1) an application for abandonment of the rail line is
 filed under chapter 109 of this title; or []  (2) the rail line is sold or disposed of after it has
 received assistance under this chapter. [] Sec. 22107. Records, audits, and information []  (a) RECORDS- Each recipient of financial assistance through an
 arrangement under this chapter shall keep records required by the Secretary
 of Transportation. The records shall be kept for 3 years after a project
 is completed and shall disclose-- []  (1) the amount of, and disposition by the recipient, of
 the assistance; []  (2) the total costs of the project for which the assistance
 was given or used; []  (3) the amount of that part of the costs of the project
 paid by other sources; and []  (4) any other records that will make an effective audit
 easier. []  (b) AUDITS- The Secretary and the Comptroller General
 shall make regular financial and performance audits, as provided under
 chapter 75 of title 31, of activities and transactions assisted under this
 chapter. []  (c) INFORMATION- The Interstate Commerce Commission shall
 provide the Secretary with information the Secretary requests to assist in
 carrying out this chapter. The Commission shall provide the information not
 later than 30 days after receiving a request from the Secretary. []  (d) LIST OF RAIL LINES- Not later than August 1 of each
 year, each rail carrier subject to subchapter I of chapter 105 of this title
 shall submit to the Secretary a list of the rail lines of the carrier that
 carried not more than 5,000,000 gross ton-miles of freight a mile in the
 prior year. [] Sec. 22108. Authorization of appropriations []  (a) GENERAL- No amount may be appropriated to the Secretary
 of Transportation for any period after September 30, 1991, to carry out
 this chapter. []  (b) DISTRIBUTION OF AMOUNTS- The Secretary shall establish
 procedures necessary to ensure that amounts available to the Secretary for
 projects under this chapter are distributed not later than April 1 of the
 fiscal year for which the amounts are appropriated. If any amounts are not
 distributed by April 1, the Secretary shall report to the Committee on Energy
 and Commerce of the House of Representatives and the Committee on Commerce,
 Science, and Transportation of the Senate on the status of those amounts
 and the reasons for the delay in distribution. []  (c) AVAILABILITY OF OTHER AMOUNTS- Amounts appropriated to
 carry out section 5(i) of the Department of Transportation Act for fiscal year
 1990 that are not applied for or that remain unobligated on January 1, 1991,
 are available to the Secretary for projects under this chapter. [] PART C--PASSENGER TRANSPORTATION [] CHAPTER 241--GENERAL [] Sec. [] 24101. Findings, purpose, and goals. [] 24102. Definitions. [] 24103. Loan guarantees. [] 24104. Enforcement. [] 24105. Authorization of appropriations. [] Sec. 24101. Findings, purpose, and goals []  (a) FINDINGS- (1) Public convenience and necessity require
 that Amtrak, to the extent its budget allows, provide modern, cost-efficient,
 and energy-efficient intercity rail passenger transportation between crowded
 urban areas and in other areas of the United States. []  (2) Rail passenger transportation can help alleviate
 overcrowding of airways and airports and on highways. []  (3) A traveler in the United States should have the greatest
 possible choice of transportation most convenient to the needs of the
 traveler. []  (4) A greater degree of cooperation is necessary among
 Amtrak, other rail carriers, State, regional, and local governments,
 the private sector, labor organizations, and suppliers of services and
 equipment to Amtrak to achieve a performance level sufficient to justify
 expending public money. []  (5) Modern and efficient commuter rail passenger
 transportation is important to the viability and well-being of major urban
 areas and to the energy conservation and self-sufficiency goals of the
 United States. []  (6) As a rail passenger transportation entity, Amtrak should
 be available to operate commuter rail passenger transportation through its
 subsidiary, Amtrak Commuter, under contract with commuter authorities that
 do not provide the transportation themselves as part of the governmental
 function of the State. []  (7) The Northeast Corridor is a valuable resource of the
 United States used by intercity and commuter rail passenger transportation
 and freight transportation. []  (8) Greater coordination between intercity and commuter
 rail passenger transportation is required. []  (b) PURPOSE- By using innovative operating and marketing
 concepts, Amtrak shall provide intercity and commuter rail passenger
 transportation that completely develops the potential of modern rail
 transportation to meet the intercity and commuter passenger transportation
 needs of the United States. []  (c) GOALS- Amtrak shall-- []  (1) use its best business judgment in acting to minimize
 United States Government subsidies, including-- []  (A) increasing fares; []  (B) increasing revenue from the transportation of mail and
 express; []  (C) reducing losses on food service; []  (D) improving its contracts with operating rail carriers;
 []  (E) reducing management costs; and []  (F) increasing employee productivity; []  (2) minimize Government subsidies by encouraging State,
 regional, and local governments and the private sector to share the cost
 of providing rail passenger transportation, including the cost of operating
 facilities; []  (3) carry out strategies to achieve immediately maximum
 productivity and efficiency consistent with safe and efficient transportation;
 []  (4) operate Amtrak trains, to the maximum extent feasible,
 to all station stops within 15 minutes of the time established in public
 timetables; []  (5) develop transportation on rail corridors subsidized by
 States and private parties; []  (6) implement schedules based on a systemwide average
 speed of at least 60 miles an hour that can be achieved with a degree of
 reliability and passenger comfort; []  (7) encourage rail carriers to assist in improving intercity
 rail passenger transportation; []  (8) improve generally the performance of Amtrak through
 comprehensive and systematic operational programs and employee incentives;
 []  (9) carry out policies that ensure equitable access to the
 Northeast Corridor by intercity and commuter rail passenger transportation;
 []  (10) coordinate the uses of the Northeast Corridor,
 particularly intercity and commuter rail passenger transportation; and
 []  (11) maximize the use of its resources, including the most
 cost-effective use of employees, facilities, and real property. []  (d) MINIMIZING GOVERNMENT SUBSIDIES- To carry out subsection
 (c)(11) of this section, Amtrak is encouraged to make agreements with
 the private sector and undertake initiatives that are consistent with
 good business judgment and designed to maximize its revenues and minimize
 Government subsidies. [] Sec. 24102. Definitions []  In this part-- []  (1) `auto-ferry transportation' means intercity rail
 passenger transportation-- []  (A) of automobiles or recreational vehicles and their
 occupants; and []  (B) when space is available, of used unoccupied
 vehicles. []  (2) `avoidable loss' means the avoidable costs of
 providing rail passenger transportation, less revenue attributable to the
 transportation, as determined by the Interstate Commerce Commission under
 section 553 of title 5. []  (3) `basic system' means the system of intercity rail
 passenger transportation designated by the Secretary of Transportation under
 section 4 of the Amtrak Improvement Act of 1978 and approved by Congress, and
 transportation required to be provided under section 24705(a) of this title
 and section 4(g) of the Act, including changes in the system or transportation
 that Amtrak makes using the route and service criteria. []  (4) `commuter authority' means a State, local, or regional
 entity established to provide, or make a contract providing for, commuter
 rail passenger transportation. []  (5) `commuter rail passenger transportation' means short-haul
 rail passenger transportation in metropolitan and suburban areas usually
 having reduced fare, multiple-ride, and commuter tickets and morning and
 evening peak period operations. []  (6) `intercity rail passenger transportation'
 means rail passenger transportation, except commuter rail passenger
 transportation. []  (7) `rail carrier' means a person providing rail
 transportation for compensation. []  (8) `rate' means a rate, fare, or charge for rail
 transportation. []  (9) `regional transportation authority' means an entity
 established to provide passenger transportation in a region. []  (10) `route and service criteria' means the criteria and
 procedures for making route and service decisions established under section
 404(c)(1)-(3)(A) of the Rail Passenger Service Act. [] Sec. 24103. Loan guarantees []  (a) GENERAL AUTHORITY- With the approval of the Secretary
 of the Treasury and on terms the Secretary of Transportation may prescribe,
 the Secretary of Transportation may guarantee a lender or lessor against loss
 of principal and interest or other contractual commitments on securities,
 obligations, leases, loans (or the refinancing of loans) issued to finance--
 []  (1) the upgrading of roadbeds; and []  (2) the purchase or lease by Amtrak or a regional
 transportation authority of capital equipment and facilities necessary to
 improve rail passenger transportation. []  (b) MAXIMUM PERIOD OF GUARANTEE- The maturity date or term of
 securities, obligations, leases, or loans, including extensions and renewals,
 guaranteed under this section may not be more than 20 years from the date
 of issuance. []  (c) EFFECT OF GUARANTEE- A guarantee under this section--
 []  (1) is a general obligation of the United States Government;
 []  (2) is backed by the full faith and credit of the Government;
 []  (3) may not be revoked; []  (4) is conclusive evidence-- []  (A) that the guarantee complies fully with this part; and
 []  (B) of the approval and legality of all terms of the security,
 obligation, lease, or loan and of the guarantee; and []  (5) is valid and incontestable in the hands of a holder
 of a guaranteed security, obligation, lease, or loan, except for fraud or
 material misrepresentation by the holder. []  (d) MAXIMUM OUTSTANDING AMOUNT- The total amount of
 the unpaid principal of the securities, obligations, leases, and loans
 outstanding at one time and guaranteed under this section may not be more
 than $930,000,000. That amount is reduced by the amount of securities,
 obligations, and loans paid by Amtrak under section 601(a)(3) or (b)(1)(E)
 of the Rail Passenger Service Act. []  (e) ISSUANCE OF OBLIGATIONS- (1) If the money available to
 the Secretary of Transportation is insufficient to enable the Secretary of
 Transportation to discharge the Secretary of Transportation's responsibilities
 under guarantees issued under subsection (a) of this section, the Secretary of
 Transportation shall issue obligations to the Secretary of the Treasury. The
 Secretary of the Treasury shall prescribe the terms of the obligations.
 When determining the interest rate for the obligations, the Secretary of
 the Treasury shall consider the current average market yield on outstanding
 marketable obligations of the Government of comparable maturities during
 the month before obligations are issued. []  (2) The Secretary of the Treasury shall buy obligations
 issued under this subsection. To buy the obligations, the Secretary may use
 as a public debt transaction proceeds from the sale of securities issued
 under chapter 31 of title 31. Securities may be issued under chapter 31 to
 buy the obligations. []  (3) The Secretary of the Treasury may sell obligations bought
 under this subsection. A redemption, purchase, or sale by the Secretary is
 a public debt transaction of the Government. []  (4) The Secretary of Transportation shall redeem obligations
 referred to in this subsection from appropriations available under subsection
 (g) of this section. []  (f) LIMITATION- A security, obligation, lease, or loan
 may not be guaranteed if the income from the security, obligation, lease,
 or loan is not gross income under chapter 1 of the Internal Revenue Code
 of 1986 (26 U.S.C. ch. 1). []  (g) AUTHORIZATION OF APPROPRIATIONS- Amounts necessary for
 the Secretary of Transportation to carry out this section may be appropriated
 to the Secretary. The amounts remain available until expended. [] Sec. 24104. Enforcement []  (a) GENERAL- (1) Except as provided in paragraph (2) of
 this subsection, only the Attorney General may bring a civil action when
 Amtrak or a rail carrier-- []  (A) engages in or adheres to an action, practice, or policy
 inconsistent with this part; []  (B) obstructs or interferes with an activity authorized
 under this part; []  (C) refuses, fails, or neglects to discharge its duties
 and responsibilities under this part; or []  (D) threatens-- []  (i) to engage in or adhere to an action, practice, or policy
 inconsistent with this part; []  (ii) to obstruct or interfere with an activity authorized
 by this part; or []  (iii) to refuse, fail, or neglect to discharge its duties
 and responsibilities under this part. []  (2) An employee affected by any conduct or threat referred to
 in paragraph (1) of this subsection, or an authorized employee representative,
 may bring the civil action if the conduct or threat involves a labor
 agreement. []  (b) REVIEW OF DISCONTINUANCE OR REDUCTION- A discontinuance
 of a route, a train, or transportation, or a reduction in the frequency of
 transportation, by Amtrak is reviewable only in a civil action brought by
 the Attorney General. []  (c) VENUE- Except as otherwise prohibited by law, a civil
 action under this section may be brought in the district court of the United
 States for a judicial district in which Amtrak or the rail carrier resides
 or is found. [] Sec. 24105. Authorization of appropriations []  (a) GENERAL- Not more than $712,000,000 may be appropriated
 to the Secretary of Transportation for the fiscal year ending September 30,
 1992, for the benefit of Amtrak. []  (b) PAYMENT TO AMTRAK- Amounts appropriated under this
 section shall be paid to Amtrak under the budget request of the Secretary
 as approved or modified by Congress when the amounts are appropriated. A
 payment may not be made more frequently than once every 90 days, unless
 Amtrak, for good cause, requests more frequent payment before a 90-day
 period ends. []  (c) AVAILABILITY OF AMOUNTS AND EARLY APPROPRIATIONS-
 (1) Amounts appropriated under this section remain available until
 expended. []  (2) Amounts for capital acquisitions and improvements may
 be appropriated in a fiscal year before the fiscal year in which the amounts
 will be obligated. []  (d) LIMITATIONS ON USE- Amounts appropriated under this
 section-- []  (1) for operating and capital expenses of intercity rail
 passenger transportation may not be used for commuter rail passenger
 transportation provided by Amtrak Commuter; and []  (2) may not be used to subsidize operating losses of commuter
 rail passenger or rail freight transportation. [] CHAPTER 243--AMTRAK [] Sec. [] 24301. Status and applicable laws. [] 24302. Board of directors. [] 24303. Officers. [] 24304. Capitalization. [] 24305. General authority. [] 24306. Mail, express, and auto-ferry transportation. [] 24307. Special transportation. [] 24308. Use of facilities and providing services to
 Amtrak. [] 24309. Retaining and maintaining facilities. [] 24310. Assistance for upgrading facilities. [] 24311. Acquiring interests in property by eminent
 domain. [] 24312. Labor standards. [] 24313. Rail safety system program. [] 24314. Reports and audits. [] Sec. 24301. Status and applicable laws []  (a) STATUS- Amtrak-- []  (1) is a rail carrier under section 10102 of this title;
 []  (2) shall be operated and managed as a for-profit corporation;
 and []  (3) is not a department, agency, or instrumentality of the
 United States Government. []  (b) PRINCIPAL OFFICE AND PLACE OF BUSINESS- The principal
 office and place of business of Amtrak are in the District of Columbia. Amtrak
 is qualified to do business in each State in which Amtrak carries out an
 activity authorized under this part. Amtrak shall accept service of process
 by certified mail addressed to the secretary of Amtrak at its principal
 office and place of business. Amtrak is a citizen only of the District of
 Columbia when deciding original jurisdiction of the district courts of the
 United States in a civil action. []  (c) APPLICATION OF SUBTITLE IV- (1) Subtitle IV of this
 title applies to Amtrak, except for provisions related to the-- []  (A) regulation of rates; []  (B) abandonment or extension of rail lines used only for
 passenger transportation and the abandonment or extension of operations
 over those lines; []  (C) regulation of routes and service; []  (D) discontinuance or change of rail passenger transportation
 operations; and []  (E) issuance of securities or the assumption of an obligation
 or liability related to the securities of others. []  (2) Notwithstanding this subsection-- []  (A) sections 10721-10724 of this title apply to Amtrak;
 []  (B) in markets in which transportation provided by Amtrak
 is competitive with other carriers on fares and total trip times, the
 Administrator of General Services shall include Amtrak in the contract air
 program of the Administrator; and []  (C) on application of an adversely affected motor carrier,
 the Interstate Commerce Commission under any provision of subtitle IV of this
 title applicable to a carrier subject to subchapter I of chapter 105 of this
 title may hear a complaint about an unfair or predatory rate or marketing
 practice of Amtrak for a route or service operating at a loss. []  (d) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS AND
 REGULATIONS- Laws and regulations governing safety, employee representation
 for collective bargaining purposes, the handling of disputes between carriers
 and employees, employee retirement, annuity, and unemployment systems,
 and other dealings with employees that apply to a common carrier subject
 to subchapter I of chapter 105 of this title apply to Amtrak. []  (e) APPLICATION OF CERTAIN ADDITIONAL LAWS- Section 552
 of title 5, this part, and, to the extent consistent with this part,
 the District of Columbia Business Corporation Act (ch. 269, 68 Stat. 177)
 apply to Amtrak. []  (f) LAWS GOVERNING LEASES AND CONTRACTS- The laws of the
 District of Columbia govern leases and contracts of Amtrak, regardless of
 where they are executed. []  (g) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS- A State
 or other law related to rates, routes, or service does not apply to Amtrak
 in connection with rail passenger transportation. []  (h) NONAPPLICATION OF PAY PERIOD LAWS- A State or local
 law related to pay periods or days for payment of employees does not apply
 to Amtrak. Except when otherwise provided under a collective bargaining
 agreement, an employee of Amtrak shall be paid at least as frequently as
 the employee was paid on October 1, 1979. []  (i) NONAPPLICATION OF LAWS ON JOINT USE OR OPERATION OF
 FACILITIES AND EQUIPMENT- Prohibitions of law applicable to an agreement for
 the joint use or operation of facilities and equipment necessary to provide
 quick and efficient rail passenger transportation do not apply to a person
 making an agreement with Amtrak to the extent necessary to allow the person
 to make and carry out obligations under the agreement. []  (j) EXEMPTION FROM ADDITIONAL TAXES- (1) In this subsection,
 `additional tax' means a tax or fee-- []  (A) on the acquisition, improvement, or ownership of personal
 property by Amtrak; and []  (B) on real property, except a tax or fee on the acquisition
 of real property or on the value of real property not attributable to
 improvements made by Amtrak. []  (2) Amtrak is not required to pay an additional tax
 because of an expenditure to acquire or improve real property, equipment,
 a facility, or right-of-way material or structures used to provide rail
 passenger transportation. []  (k) EXEMPTION FROM TAXES LEVIED AFTER SEPTEMBER 30, 1981-
 (1) Amtrak or a rail carrier subsidiary of Amtrak is exempt from a tax or
 fee imposed by a State, a political subdivision of a State, or a local taxing
 authority and levied on it after September 30, 1981. However, Amtrak is not
 exempt from a tax or fee that it was required to pay as of September 10,
 1982. []  (2) The district courts of the United States have original
 jurisdiction over a civil action Amtrak brings to enforce this subsection and
 may grant equitable or declaratory relief requested by Amtrak. []  (l) WASTE DISPOSAL- (1) An intercity rail passenger
 car manufactured after October 14, 1990, shall be built to provide for
 the discharge of human waste only at a servicing facility. Amtrak shall
 retrofit each of its intercity rail passenger cars that was manufactured
 after May 1, 1971, and before October 15, 1990, with a human waste disposal
 system that provides for the discharge of human waste only at a servicing
 facility. Subject to appropriations-- []  (A) the retrofit program shall be completed not later than
 October 15, 1996; and []  (B) a car that does not provide for the discharge of human
 waste only at a servicing facility shall be removed from service after that
 date. []  (2) Section 361 of the Public Health Service Act (42
 U.S.C. 264) and other laws of the United States, States, and local
 governments do not apply to waste disposal from rail carrier vehicles
 operated in intercity rail passenger transportation. The district courts
 of the United States have original jurisdiction over a civil action Amtrak
 brings to enforce this paragraph and may grant equitable or declaratory
 relief requested by Amtrak. [] Sec. 24302. Board of directors []  (a) COMPOSITION AND TERMS- (1) The board of directors of
 Amtrak is composed of the following 9 directors, each of whom must be a
 citizen of the United States: []  (A) the Secretary of Transportation. []  (B) the President of Amtrak. []  (C) 3 individuals appointed by the President of the United
 States, by and with the advice and consent of the Senate, as follows:
 []  (i) one individual selected from a list of 3 qualified
 individuals submitted by the Railway Labor Executives Association. []  (ii) one chief executive officer of a State selected from
 among the chief executive officers of States with an interest in rail
 transportation. The chief executive officer may select an individual to
 act as the officer's representative at board meetings. []  (iii) one individual selected as a representative of business
 with an interest in rail transportation. []  (D) 2 individuals selected by the President of the United
 States from a list of names consisting of one individual nominated by each
 commuter authority for which Amtrak Commuter provides commuter rail passenger
 transportation under section 24505 of this title and one individual nominated
 by each commuter authority in the region (as defined in section 102 of the
 Regional Rail Reorganization Act of 1973 (45 U.S.C. 702)) that provides
 its own commuter rail passenger transportation or makes a contract with an
 operator (except Amtrak Commuter), except that-- []  (i) one of the individuals selected must have been nominated
 by a commuter authority for which Amtrak Commuter provides commuter rail
 transportation; or []  (ii) if Amtrak Commuter does not provide commuter rail
 passenger transportation for any authority, the 2 individuals shall be
 selected from a list of 5 individuals submitted by commuter authorities
 providing transportation over rail property of Amtrak. []  (E) 2 individuals selected by the holders of the preferred
 stock of Amtrak. []  (2) An individual appointed under paragraph (1)(C) of this
 subsection serves for 4 years or until the individual's successor is appointed
 and qualified. Not more than 2 individuals appointed under paragraph (1)(C)
 may be members of the same political party. []  (3) An individual selected under paragraph (1)(D) of
 this subsection serves for 2 years or until the individual's successor is
 selected. []  (4) An individual selected under paragraph (1)(E) of this
 subsection serves for one year or until the individual's successor is
 selected. []  (5) The President of Amtrak serves as Chairman of the
 board. []  (6) The Secretary may be represented at a meeting of the
 board only by the Deputy Secretary of Transportation, the Administrator of
 the Federal Railroad Administration, or the General Counsel of the Department
 of Transportation. []  (b) CUMULATIVE VOTING- The articles of incorporation of Amtrak
 shall provide for cumulative voting for all stockholders. []  (c) CONFLICTS OF INTEREST- When serving on the board,
 a director appointed by the President of the United States may not have--
 []  (1) a financial or employment relationship with a rail
 carrier; and []  (2) a significant financial relationship or an employment
 relationship with a person competing with Amtrak in providing passenger
 transportation. []  (d) PAY AND EXPENSES- Each director not employed by
 the United States Government is entitled to $300 a day when performing
 board duties and powers. Each director is entitled to reimbursement for
 necessary travel, reasonable secretarial and professional staff support,
 and subsistence expenses incurred in attending board meetings. []  (e) VACANCIES- A vacancy on the board is filled in the
 same way as the original selection, except that an individual appointed
 by the President of the United States under subsection (a)(1)(C) of this
 section to fill a vacancy occurring before the end of the term for which
 the predecessor of that individual was appointed is appointed for the
 remainder of that term. A vacancy required to be filled by appointment
 under subsection (a)(1)(C) must be filled not later than 120 days after
 the vacancy occurs. []  (f) BYLAWS- The board may adopt and amend bylaws governing
 the operation of Amtrak. The bylaws shall be consistent with this part and
 the articles of incorporation. [] Sec. 24303. Officers []  (a) APPOINTMENT AND TERMS- Amtrak has a President and other
 officers that are named and appointed by the board of directors of Amtrak. An
 officer of Amtrak must be a citizen of the United States. Officers of Amtrak
 serve at the pleasure of the board. []  (b) PAY- The board may fix the pay of the officers of
 Amtrak. An officer may not be paid more than the general level of pay for
 officers of rail carriers with comparable responsibility. []  (c) CONFLICTS OF INTEREST- When employed by Amtrak, an officer
 may not have a financial or employment relationship with another rail carrier,
 except that holding securities issued by a rail carrier is not deemed to be
 a violation of this subsection if the officer holding the securities makes
 a complete public disclosure of the holdings and does not participate in
 any decision directly affecting the rail carrier. [] Sec. 24304. Capitalization []  (a) STOCK- Amtrak may have outstanding one issue of common
 stock and one issue of preferred stock. Each type of stock is eligible for
 a dividend. The articles of incorporation of Amtrak shall provide that--
 []  (1) each type of stock must be fully paid and nonassessable;
 []  (2) common stock has a par value of $10 a share; and
 []  (3) preferred stock has a par value of $100 a share. []  (b) LIMITATIONS ON OWNERSHIP AND VOTING- (1) A rail carrier
 or person controlling a rail carrier-- []  (A) may not hold preferred stock of Amtrak; and []  (B) may vote not more than one-third of the total number
 of shares of outstanding common stock of Amtrak. []  (2) Additional common stock owned by a rail carrier or person
 controlling a rail carrier is deemed to be not outstanding for voting and
 quorum purposes. []  (c) PREFERRED STOCK DIVIDENDS AND LIQUIDATION PREFERENCES-
 The articles of incorporation of Amtrak shall provide that-- []  (1) its preferred stock has a cumulative dividend of at
 least 6 percent a year; []  (2) if a dividend on the preferred stock is not declared
 and paid or set aside for payment, the deficiency shall be declared and
 paid or set aside for payment before a dividend or other distribution is
 made on its common stock; []  (3) the preferred stock has a liquidation preference over the
 common stock entitling holders of preferred stock to receive a liquidation
 payment of at least par value plus all accrued unpaid dividends before a
 liquidation payment is made to holders of common stock; and []  (4) the preferred stock may be converted to common
 stock. []  (d) ISSUANCE OF PREFERRED STOCK TO SECRETARY- (1) Not later
 than 30 days after the close of each fiscal quarter, Amtrak shall issue
 to the Secretary of Transportation preferred stock equal, to the nearest
 whole share, to the amount paid to Amtrak under section 24105 of this title
 during the quarter. []  (2) Preferred stock issued under this subsection or section
 304(c)(1) of the Rail Passenger Service Act is deemed to be issued on the
 date Amtrak receives the amounts for which the stock is issued. []  (e) TAXES AND FEES ON PREFERRED STOCK- A tax or fee applies
 to preferred stock issued under this section only if specifically prescribed
 by Congress. []  (f) NONVOTING CERTIFICATES OF INDEBTEDNESS- Amtrak may
 issue nonvoting certificates of indebtedness, except that an obligation
 with a liquidation interest superior to preferred stock issued to the
 Secretary or secured by a lien on property of Amtrak may be incurred when
 preferred stock issued to the Secretary is outstanding only if the Secretary
 consents. []  (g) INSPECTION RIGHTS- Stockholders of Amtrak have the
 rights of inspecting and copying set forth in section 45(b) of the District
 of Columbia Business Corporation Act (ch. 269, 68 Stat. 197) regardless of
 the amount of stock they hold. [] Sec. 24305. General authority []  (a) ACQUISITION AND OPERATION OF EQUIPMENT AND FACILITIES- (1)
 Amtrak may acquire, operate, maintain, and make contracts for the operation
 and maintenance of equipment and facilities necessary for intercity and
 commuter rail passenger transportation, the transportation of mail and
 express, and auto-ferry transportation. []  (2) Amtrak shall operate and control directly, to the
 extent practicable, all aspects of the rail passenger transportation it
 provides. []  (b) MAINTENANCE AND REHABILITATION- Amtrak may maintain
 and rehabilitate rail passenger equipment and shall maintain a regional
 maintenance plan that includes-- []  (1) a review panel at the principal office of Amtrak
 consisting of members the President of Amtrak designates; []  (2) a systemwide inventory of spare equipment parts in each
 operational region; []  (3) enough maintenance employees for cars and locomotives
 in each region; []  (4) a systematic preventive maintenance program; []  (5) periodic evaluations of maintenance costs, time lags,
 and parts shortages and corrective actions; and []  (6) other elements or activities Amtrak considers
 appropriate. []  (c) MISCELLANEOUS AUTHORITY- Amtrak may-- []  (1) make and carry out appropriate agreements; []  (2) transport mail and express and shall use all feasible
 methods to obtain the bulk mail business of the United States Postal Service;
 []  (3) improve its reservation system and advertising;
 []  (4) provide food and beverage services on its trains only
 if revenues from the services each year at least equal the cost of providing
 the services; []  (5) conduct research, development, and demonstration programs
 related to the mission of Amtrak; and []  (6) buy or lease rail rolling stock and develop and
 demonstrate improved rolling stock. []  (d) THROUGH ROUTES AND JOINT FARES- (1) Establishing through
 routes and joint fares between Amtrak and other intercity rail passenger
 carriers and motor carriers of passengers is consistent with the public
 interest and the transportation policy of the United States. Congress
 encourages establishing those routes and fares. []  (2) Amtrak may establish through routes and joint fares
 with any domestic or international motor carrier, air carrier, or water
 carrier. []  (e) RAIL POLICE- Amtrak may employ rail police to provide
 security for rail passengers and property of Amtrak. Rail police employed
 by Amtrak who have complied with a State law establishing requirements
 applicable to rail police or individuals employed in a similar position
 may be employed without regard to the law of another State containing those
 requirements. []  (f) DOMESTIC BUYING PREFERENCES- (1) In this subsection,
 `United States' means the States, territories, and possessions of the United
 States and the District of Columbia. []  (2) Amtrak shall buy only-- []  (A) unmanufactured articles, material, and supplies mined
 or produced in the United States; or []  (B) manufactured articles, material, and supplies manufactured
 in the United States substantially from articles, material, and supplies
 mined, produced, or manufactured in the United States. []  (3) Paragraph (2) of this subsection applies only when
 the cost of those articles, material, or supplies bought is at least
 $1,000,000. []  (4) On application of Amtrak, the Secretary of Transportation
 may exempt Amtrak from this subsection if the Secretary decides that--
 []  (A) for particular articles, material, or supplies--
 []  (i) the requirements of paragraph (2) of this subsection
 are inconsistent with the public interest; []  (ii) the cost of imposing those requirements is unreasonable;
 or []  (iii) the articles, material, or supplies, or the articles,
 material, or supplies from which they are manufactured, are not mined,
 produced, or manufactured in the United States in sufficient and reasonably
 available commercial quantities and are not of a satisfactory quality; or
 []  (B) rolling stock or power train equipment cannot be bought
 and delivered in the United States within a reasonable time. [] Sec. 24306. Mail, express, and auto-ferry transportation
 []  (a) ACTIONS TO INCREASE REVENUES- Amtrak shall take
 necessary action to increase its revenues from the transportation
 of mail and express. To increase its revenues, Amtrak may provide
 auto-ferry transportation as part of the basic passenger transportation
 authorized by this part. When requested by Amtrak, a department, agency,
 or instrumentality of the United States Government shall assist in carrying
 out this section. []  (b) AUTHORITY OF OTHERS TO PROVIDE AUTO-FERRY TRANSPORTATION-
 (1) A person primarily providing auto-ferry transportation and any other
 person not a rail carrier may provide auto-ferry transportation over any
 route under a certificate issued by the Interstate Commerce Commission if
 the Commission finds that the auto-ferry transportation-- []  (A) will not impair the ability of Amtrak to reduce its
 losses or increase its revenues; and []  (B) is required to meet the public demand. []  (2) A rail carrier that has not made a contract with Amtrak
 to provide rail passenger transportation may provide auto-ferry transportation
 over its own rail lines. []  (3) State and local laws and regulations that impair the
 provision of auto-ferry transportation do not apply to Amtrak or a rail
 carrier providing auto-ferry transportation. A rail carrier may not refuse to
 participate with Amtrak in providing auto-ferry transportation because a State
 or local law or regulation makes the transportation unlawful. [] Sec. 24307. Special transportation []  (a) REDUCED FARE PROGRAM- Amtrak shall maintain a reduced
 fare program for the following: []  (1) individuals at least 65 years of age. []  (2) individuals (except alcoholics and drug abusers) who--
 []  (A) have a physical or mental impairment that substantially
 limits a major life activity of the individual; []  (B) have a record of an impairment; or []  (C) are regarded as having an impairment. []  (b) ACTIONS TO ENSURE ACCESS- Amtrak may act to ensure
 access to intercity transportation for elderly or handicapped individuals
 on passenger trains operated by or for Amtrak. That action may include--
 []  (1) acquiring special equipment; []  (2) conducting special training for employees; []  (3) designing and acquiring new equipment and facilities;
 []  (4) eliminating barriers in existing equipment and facilities
 to comply with the highest standards of design, construction, and alteration
 of property to accommodate elderly and handicapped individuals; and
 []  (5) providing special assistance to elderly and handicapped
 individuals when getting on and off trains and in terminal areas. []  (c) EMPLOYEE TRANSPORTATION- (1) In this subsection,
 `rail carrier employee' means-- []  (A) an active full-time employee of a rail carrier or
 terminal company and includes an employee on furlough or leave of absence;
 []  (B) a retired employee of a rail carrier or terminal company;
 and []  (C) a dependent of an employee referred to in clause (A)
 or (B) of this paragraph. []  (2) Amtrak shall ensure that a rail carrier employee
 eligible for free or reduced-rate rail transportation on April 30, 1971,
 under an agreement in effect on that date is eligible, to the greatest extent
 practicable, for free or reduced-rate intercity rail passenger transportation
 provided by Amtrak under this part, if space is available, on terms similar
 to those available on that date under the agreement. However, Amtrak may
 apply to all rail carrier employees eligible to receive free or reduced-rate
 transportation under any agreement a single systemwide schedule of terms that
 Amtrak decides applied to a majority of employees on that date under all those
 agreements. Unless Amtrak and a rail carrier make a different agreement, the
 carrier shall reimburse Amtrak at the rate of 25 percent of the systemwide
 average monthly yield of each revenue passenger-mile. The reimbursement is in
 place of costs Amtrak incurs related to free or reduced-rate transportation,
 including liability related to travel of a rail carrier employee eligible
 for free or reduced-rate transportation. []  (3) This subsection does not prohibit the Interstate Commerce
 Commission from ordering retroactive relief in a proceeding begun or reopened
 after October 1, 1981. [] Sec. 24308. Use of facilities and providing services to Amtrak
 []  (a) GENERAL AUTHORITY- (1) Amtrak may make an agreement with
 a rail carrier or regional transportation authority to use facilities of,
 and have services provided by, the carrier or authority under terms on
 which the parties agree. The terms shall include a penalty for untimely
 performance. []  (2)(A) If the parties cannot agree and if the Interstate
 Commerce Commission finds it necessary to carry out this part, the Commission
 shall-- []  (i) order that the facilities be made available and the
 services provided to Amtrak; and []  (ii) prescribe reasonable terms and compensation for using
 the facilities and providing the services. []  (B) When prescribing reasonable compensation under
 subparagraph (A) of this paragraph, the Commission shall consider quality
 of service as a major factor when determining whether, and the extent to
 which, the amount of compensation shall be greater than the incremental
 costs of using the facilities and providing the services. []  (C) The Commission shall decide the dispute not later than
 90 days after Amtrak submits the dispute to the Commission. []  (3) Amtrak's right to use the facilities or have the services
 provided is conditioned on payment of the compensation. If the compensation
 is not paid promptly, the rail carrier or authority entitled to it may
 bring an action against Amtrak to recover the amount owed. []  (4) Amtrak shall seek immediate and appropriate legal remedies
 to enforce its contract rights when track maintenance on a route over which
 Amtrak operates falls below the contractual standard. []  (b) OPERATING DURING EMERGENCIES- To facilitate operation
 by Amtrak during an emergency, the Commission, on application by Amtrak,
 shall require a rail carrier to provide facilities immediately during the
 emergency. The Commission then shall promptly prescribe reasonable terms,
 including indemnification of the carrier by Amtrak against personal injury
 risk to which the carrier may be exposed. The rail carrier shall provide
 the facilities for the duration of the emergency. []  (c) PREFERENCE OVER FREIGHT TRANSPORTATION- Except in an
 emergency, intercity and commuter rail passenger transportation provided by
 or for Amtrak has preference over freight transportation in using a rail line,
 junction, or crossing unless the Secretary of Transportation orders otherwise
 under this subsection. A rail carrier affected by this subsection may apply
 to the Secretary for relief. If the Secretary, after an opportunity for a
 hearing under section 553 of title 5, decides that preference for intercity
 and commuter rail passenger transportation materially will lessen the quality
 of freight transportation provided to shippers, the Secretary shall establish
 the rights of the carrier and Amtrak on reasonable terms. []  (d) ACCELERATED SPEEDS- If a rail carrier refuses to allow
 accelerated speeds on trains operated by or for Amtrak, Amtrak may apply to
 the Secretary for an order requiring the carrier to allow the accelerated
 speeds. The Secretary shall decide whether accelerated speeds are unsafe or
 impracticable and which improvements would be required to make accelerated
 speeds safe and practicable. After an opportunity for a hearing, the Secretary
 shall establish the maximum allowable speeds of Amtrak trains on terms the
 Secretary decides are reasonable. []  (e) ADDITIONAL TRAINS- (1) When a rail carrier does
 not agree to provide, or allow Amtrak to provide, for the operation of
 additional trains over a rail line of the carrier, Amtrak may apply to
 the Secretary for an order requiring the carrier to provide or allow for
 the operation of the requested trains. After a hearing on the record, the
 Secretary may order the carrier, within 60 days, to provide or allow for the
 operation of the requested trains on a schedule based on legally permissible
 operating times. However, if the Secretary decides not to hold a hearing,
 the Secretary, not later than 30 days after receiving the application,
 shall publish in the Federal Register the reasons for the decision not to
 hold the hearing. []  (2) The Secretary shall consider-- []  (A) when conducting a hearing, whether an order would impair
 unreasonably freight transportation of the rail carrier, with the carrier
 having the burden of demonstrating that the additional trains will impair
 the freight transportation; and []  (B) when establishing scheduled running times, the statutory
 goal of Amtrak to implement schedules that attain a system-wide average speed
 of at least 60 miles an hour that can be adhered to with a high degree of
 reliability and passenger comfort. []  (3) Unless the parties have an agreement that establishes
 the compensation Amtrak will pay the carrier for additional trains provided
 under an order under this subsection, the Commission shall decide the
 dispute under subsection (a) of this section. [] Sec. 24309. Retaining and maintaining facilities []  (a) DEFINITIONS- In this section-- []  (1) `facility' means a rail line, right of way, fixed
 equipment, facility, or real property related to a rail line, right of way,
 fixed equipment, or facility, including a signal system, passenger station
 and repair tracks, a station building, a platform, and a related facility,
 including a water, fuel, steam, electric, and air line. []  (2) downgrading a facility means reducing a track
 classification as specified in the Federal Railroad Administration track
 safety standards or altering a facility so that the time required for rail
 passenger transportation to be provided over the route on which a facility
 is located may be increased. []  (b) APPROVAL REQUIRED FOR DOWNGRADING OR DISPOSAL- A facility
 of a rail carrier or regional transportation authority that Amtrak used to
 provide rail passenger transportation on February 1, 1979, may be downgraded
 or disposed of only after approval by the Secretary of Transportation under
 this section. []  (c) NOTIFICATION AND ANALYSIS- (1) A rail carrier intending to
 downgrade or dispose of a facility Amtrak currently is not using to provide
 transportation shall notify Amtrak of its intention. If, not later than 60
 days after Amtrak receives the notice, Amtrak and the carrier do not agree
 to retain or maintain the facility or to convey an interest in the facility
 to Amtrak, the carrier may apply to the Secretary for approval to downgrade
 or dispose of the facility. []  (2) After a rail carrier notifies Amtrak of its intention to
 downgrade or dispose of a facility, Amtrak shall survey population centers
 with rail passenger transportation facilities to assist in preparing a
 valid and timely analysis of the need for the facility and shall update the
 survey as appropriate. Amtrak also shall maintain a system for collecting
 information gathered in the survey. The system shall collect the information
 based on geographic regions and on whether the facility would be part of a
 short haul or long haul route. The survey should facilitate an analysis of--
 []  (A) ridership potential by ascertaining existing and
 changing travel patterns that would provide maximum efficient rail passenger
 transportation; []  (B) the quality of transportation of competitors or likely
 competitors; []  (C) the likelihood of Amtrak offering transportation at a
 competitive fare; []  (D) opportunities to target advertising and fares to
 potential classes of riders; []  (E) economic characteristics of rail passenger transportation
 related to the facility and the extent to which the characteristics are
 consistent with sound economic principles of short haul or long haul rail
 transportation; and []  (F) the feasibility of applying effective internal cost
 controls to the facility and route served by the facility to improve the
 ratio of passenger revenue to transportation expenses (excluding maintenance
 of tracks, structures, and equipment and depreciation). []  (d) APPROVAL OF APPLICATION AND PAYMENT OF AVOIDABLE
 COSTS- (1) If Amtrak does not object to an application not later than 30
 days after it is submitted, the Secretary shall approve the application
 promptly. []  (2) If Amtrak objects to an application, the Secretary shall
 decide by not later than 180 days after the objection those costs the rail
 carrier may avoid if it does not have to retain or maintain a facility
 in the condition Amtrak requests. If Amtrak does not agree by not later
 than 60 days after the decision to pay the carrier these avoidable costs,
 the Secretary shall approve the application. When deciding whether to pay a
 carrier the avoidable costs of retaining or maintaining a facility, Amtrak
 shall consider-- []  (A) the potential importance of restoring rail passenger
 transportation on the route on which the facility is located; []  (B) the market potential of the route; []  (C) the availability, adequacy, and energy efficiency of an
 alternate rail line or alternate mode of transportation to provide passenger
 transportation to or near the places that would be served by the route;
 []  (D) the extent to which major population centers would be
 served by the route; []  (E) the extent to which providing transportation over the
 route would encourage the expansion of an intercity rail passenger system
 in the United States; and []  (F) the possibility of increased ridership on a rail line
 that connects with the route. []  (e) COMPLIANCE WITH OTHER OBLIGATIONS- Downgrading or
 disposing of a facility under this section does not relieve a rail carrier
 from complying with its other common carrier or legal obligations related
 to the facility. [] Sec. 24310. Assistance for upgrading facilities []  (a) TO CORRECT DANGEROUS CONDITIONS- (1) Amtrak or the owner
 of a facility presenting a danger to the employees, passengers, or property
 of Amtrak may petition the Secretary of Transportation for assistance to
 the owner for relocation or other measures undertaken after December 31,
 1977, to minimize or eliminate the danger. []  (2) The Secretary shall recommend to Congress that Congress
 authorize amounts for the relocation or other measures if the Secretary
 decides that-- []  (A) the facility presents a danger of death or serious
 injury to an employee or passenger or of serious damage to that property;
 and []  (B) the owner should not be expected to bear the cost of
 that relocation or other measures. []  (b) TO CORRECT STATE AND LOCAL VIOLATIONS- (1) Amtrak, by
 itself or jointly with an owner or operator of a rail station Amtrak uses
 to provide rail passenger transportation, may apply to the Secretary for
 amounts that may be appropriated under paragraph (2) of this subsection
 to pay or reimburse expenses incurred after October 1, 1987, related to
 the station complying with an official notice received before October 1,
 1987, from a State or local authority stating that the station violates or
 allegedly violates the building, construction, fire, electric, sanitation,
 mechanical, or plumbing code. []  (2) Not more than $1,000,000, may be appropriated to the
 Secretary to carry out paragraph (1) of this subsection. Amounts appropriated
 under this paragraph remain available until expended. [] Sec. 24311. Acquiring interests in property by eminent domain
 []  (a) GENERAL AUTHORITY- (1) To the extent financial resources
 are available, Amtrak may acquire by eminent domain under subsection (b)
 of this section interests in property-- []  (A) necessary for intercity rail passenger transportation,
 except property of a rail carrier, a State, a political subdivision of a
 State, or a governmental authority; or []  (B) requested by the Secretary of Transportation in carrying
 out the Secretary's duty to design and build an intermodal transportation
 terminal at Union Station in the District of Columbia if the Secretary
 assures Amtrak that the Secretary will reimburse Amtrak. []  (2) Amtrak may exercise the power of eminent domain only
 if it cannot-- []  (A) acquire the interest in the property by contract; or
 []  (B) agree with the owner on the purchase price for the
 interest. []  (b) CIVIL ACTIONS- (1) A civil action to acquire an interest
 in property by eminent domain under subsection (a) of this section must
 be brought in the district court of the United States for the judicial
 district in which the property is located or, if a single piece of property
 is located in more than one judicial district, in any judicial district in
 which any piece of the property is located. An interest is condemned and
 taken by Amtrak for its use when a declaration of taking is filed under this
 subsection and an amount of money estimated in the declaration to be just
 compensation for the interest is deposited in the court. The declaration may
 be filed with the complaint in the action or at any time before judgment. The
 declaration must contain or be accompanied by-- []  (A) a statement of the public use for which the interest
 is taken; []  (B) a description of the property sufficient to identify it;
 []  (C) a statement of the interest in the property taken;
 []  (D) a plan showing the interest taken; and []  (E) a statement of the amount of money Amtrak estimates is
 just compensation for the interest. []  (2) When the declaration is filed and the deposit is made
 under paragraph (1) of this subsection, title to the property vests in Amtrak
 in fee simple absolute or in the lesser interest shown in the declaration,
 and the right to the money vests in the person entitled to the money. When
 the declaration is filed, the court may decide-- []  (A) the time by which, and the terms under which, possession
 of the property is given to Amtrak; and []  (B) the disposition of outstanding charges related to the
 property. []  (3) After a hearing, the court shall make a finding on
 the amount that is just compensation for the interest in the property
 and enter judgment awarding that amount and interest on it. The rate of
 interest is 6 percent a year and is computed on the amount of the award
 less the amount deposited in the court from the date of taking to the date
 of payment. []  (4) On application of a party, the court may order immediate
 payment of any part of the amount deposited in the court for the compensation
 to be awarded. If the award is more than the amount received, the court
 shall enter judgment against Amtrak for the deficiency. []  (c) AUTHORITY TO CONDEMN RAIL CARRIER PROPERTY INTERESTS-
 (1) If Amtrak and a rail carrier cannot agree on a sale to Amtrak of an
 interest in property of a rail carrier necessary for intercity rail passenger
 transportation, Amtrak may apply to the Interstate Commerce Commission for
 an order establishing the need of Amtrak for the interest and requiring
 the carrier to convey the interest on reasonable terms, including just
 compensation. The need of Amtrak is deemed to be established, and the
 Commission, after holding an expedited proceeding and not later than 120
 days after receiving the application, shall order the interest conveyed
 unless the Commission decides that-- []  (A) conveyance would impair significantly the ability of the
 carrier to carry out its obligations as a common carrier; and []  (B) the obligations of Amtrak to provide modern, efficient,
 and economical rail passenger transportation can be met adequately by
 acquiring an interest in other property, either by sale or by exercising its
 right of eminent domain under subsection (a) of this section. []  (2) If the amount of compensation is not determined by the
 date of the Commission's order, the order shall require, as part of the
 compensation, interest at 6 percent a year from the date prescribed for
 the conveyance until the compensation is paid. []  (3) Amtrak subsequently may reconvey to a third party
 an interest conveyed to Amtrak under this subsection or prior comparable
 provision of law if the Commission decides that the reconveyance will carry
 out the purposes of this part, regardless of when the proceeding was brought
 (including a proceeding pending before a United States court on November 28,
 1990). [] Sec. 24312. Labor standards []  (a) PREVAILING WAGES AND HEALTH AND SAFETY STANDARDS- (1)
 Amtrak shall ensure that laborers and mechanics employed by contractors and
 subcontractors in construction work financed under an agreement made under
 section 24308(a), 24701(a), or 24704(c)(2) of this title will be paid wages
 not less than those prevailing on similar construction in the locality,
 as determined by the Secretary of Labor under the Act of March 3, 1931
 (known as the Davis-Bacon Act) (40 U.S.C. 276a--276a-5). Amtrak may make
 such an agreement only after being assured that required labor standards
 will be maintained on the construction work. Health and safety standards
 prescribed by the Secretary under section 107 of the Contract Work Hours
 and Safety Standards Act (40 U.S.C. 333) apply to all construction work
 performed under such an agreement, except for construction work performed
 by a rail carrier. []  (2) Wage rates in a collective bargaining agreement
 negotiated under the Railway Labor Act (45 U.S.C. 151 et seq.) are deemed
 to comply with the Act of March 3, 1931 (known as the Davis-Bacon Act)
 (40 U.S.C. 276a--276a-5). []  (b) CONTRACTING OUT- (1) Amtrak may not contract out
 work normally performed by an employee in a bargaining unit covered by a
 contract between a labor organization and Amtrak or a rail carrier that
 provided intercity rail passenger transportation on October 30, 1970,
 if contracting out results in the layoff of an employee in the bargaining
 unit. []  (2) This subsection does not apply to food and beverage
 services provided on trains of Amtrak. [] Sec. 24313. Rail safety system program []  In consultation with rail labor organizations, Amtrak shall
 maintain a rail safety system program for employees working on property
 owned by Amtrak. The program shall be a model for other rail carriers to
 use in developing safety programs. The program shall include-- []  (1) periodic analyses of accident information, including
 primary and secondary causes; []  (2) periodic evaluations of the activities of the program,
 particularly specific steps taken in response to an accident; []  (3) periodic reports on amounts spent for occupational
 health and safety activities of the program; []  (4) periodic reports on reduced costs and personal injuries
 because of accident prevention activities of the program; []  (5) periodic reports on direct accident costs, including
 claims related to accidents; and []  (6) reports and evaluations of other information Amtrak
 considers appropriate. [] Sec. 24314. Reports and audits []  (a) AMTRAK ANNUAL OPERATIONS REPORT- Not later than
 February 15 of each year, Amtrak shall submit to Congress a report that--
 []  (1) for each route on which Amtrak provided intercity rail
 passenger transportation during the prior fiscal year, includes information
 on-- []  (A) ridership; []  (B) passenger-miles; []  (C) the short-term avoidable profit or loss for each
 passenger-mile; []  (D) the revenue-to-cost ratio; []  (E) revenues; []  (F) the United States Government subsidy; []  (G) the non-Government subsidy; and []  (H) on-time performance; []  (2) provides relevant information about a decision to pay an
 officer of Amtrak more than the rate for level I of the Executive Schedule
 under section 5312 of title 5; and []  (3) specifies-- []  (A) significant operational problems Amtrak identifies;
 and []  (B) proposals by Amtrak to solve those problems. []  (b) AMTRAK GENERAL ANNUAL REPORT- (1) Not later than
 February 15 of each year, Amtrak shall submit to the President and Congress
 a complete report of its operations, activities, and accomplishments,
 including a statement of revenues and expenditures for the prior fiscal
 year. The report-- []  (A) shall include a discussion and accounting of Amtrak's
 success in meeting the goal of section 24902(b) of this title; and
 []  (B) may include recommendations for legislation, including
 the amount of financial assistance needed for operations and capital
 improvements, the method of computing the assistance, and the sources of
 the assistance. []  (2) Amtrak may submit reports to the President and Congress
 at other times Amtrak considers desirable. []  (c) SECRETARY'S REPORT ON EFFECTIVENESS OF THIS PART- The
 Secretary of Transportation shall prepare a report on the effectiveness
 of this part in meeting the requirements for a balanced transportation
 system in the United States. The report may include recommendations for
 legislation. The Secretary shall include this report as part of the annual
 report the Secretary submits under section 308(a) of this title. []  (d) INDEPENDENT AUDITS- An independent certified public
 accountant shall audit the financial statements of Amtrak each year. The
 audit shall be carried out at the place at which the financial statements
 normally are kept and under generally accepted auditing standards. A report
 of the audit shall be included in the report required by subsection (a)
 of this section. []  (e) COMPTROLLER GENERAL AUDITS- The Comptroller General may
 conduct performance audits of the activities and transactions of Amtrak. Each
 audit shall be conducted at the place at which the Comptroller General
 decides and under generally accepted management principles. The Comptroller
 General may prescribe regulations governing the audit. []  (f) AVAILABILITY OF RECORDS AND PROPERTY OF AMTRAK AND
 RAIL CARRIERS- Amtrak and, if required by the Comptroller General, a rail
 carrier with which Amtrak has made a contract for intercity rail passenger
 transportation shall make available for an audit under subsection (d)
 or (e) of this section all records and property of, or used by, Amtrak
 or the carrier that are necessary for the audit. Amtrak and the carrier
 shall provide facilities for verifying transactions with the balances or
 securities held by depositories, fiscal agents, and custodians. Amtrak and
 the carrier may keep all reports and property. []  (g) COMPTROLLER GENERAL'S REPORT TO CONGRESS- The Comptroller
 General shall submit to Congress a report on each audit, giving comments
 and information necessary to inform Congress on the financial operations
 and condition of Amtrak and recommendations related to those operations
 and conditions. The report also shall specify any financial transaction
 or undertaking the Comptroller General considers is carried out without
 authority of law. When the Comptroller General submits a report to Congress,
 the Comptroller General shall submit a copy of it to the President, the
 Secretary, and Amtrak at the same time. [] CHAPTER 245--AMTRAK COMMUTER [] Sec. [] 24501. Status and applicable laws. [] 24502. Board of directors. [] 24503. Officers. [] 24504. General authority. [] 24505. Commuter rail passenger transportation. [] 24506. Certain duties and powers unaffected. [] Sec. 24501. Status and applicable laws []  (a) STATUS- Amtrak Commuter-- []  (1) is a wholly-owned subsidiary of Amtrak; []  (2) provides by contract commuter rail passenger
 transportation for a commuter authority with which Amtrak Commuter makes
 a contract to provide the transportation under this chapter; []  (3) has no common carrier obligations to provide rail
 passenger or rail freight transportation; and []  (4) is not a department, agency, or instrumentality of the
 United States Government. []  (b) APPLICATION OF CHAPTERS 105 AND SAFETY AND EMPLOYEE
 RELATIONS LAWS AND REGULATIONS- Chapter 105 of this title does not apply
 to Amtrak Commuter. However, laws and regulations governing safety,
 employee representation for collective bargaining purposes, the handling
 of disputes between carriers and employees, employee retirement, annuity,
 and unemployment systems, and other dealings with employees that apply to
 a rail carrier providing transportation subject to subchapter I of chapter
 105 apply to Amtrak Commuter. []  (c) APPLICATION OF CERTAIN ADDITIONAL LAWS- This part and,
 to the extent consistent with this part, the District of Columbia Business
 Corporation Act (ch. 269, 68 Stat. 177) apply to Amtrak Commuter. []  (d) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS- A State
 or other law related to rates, routes, or service in connection with rail
 passenger transportation does not apply to Amtrak Commuter. []  (e) EXEMPTION FROM ADDITIONAL TAXES- (1) In this subsection,
 `additional tax' means a tax or fee-- []  (A) on the acquisition, improvement, or ownership of personal
 property by Amtrak Commuter; and []  (B) on real property, except a tax or fee on the acquisition
 of real property or on the value of real property not attributable to
 improvements made by Amtrak Commuter. []  (2) Amtrak Commuter is not required to pay an additional tax
 because of an expenditure to acquire or improve real property, equipment,
 a facility, or right-of-way material or structures used to provide rail
 passenger transportation. []  (f) TAX EXEMPTION FOR CERTAIN COMMUTER AUTHORITIES- A
 commuter authority with which Amtrak Commuter could have made a contract
 to provide commuter rail passenger transportation under this chapter but
 which decided to provide its own rail passenger transportation beginning
 on January 1, 1983, is exempt, effective October 1, 1981, from paying a
 tax or fee to the same extent Amtrak is exempt. []  (g) NONAPPLICATION OF AGREEMENTS FOR FINANCIAL SUPPORT AND
 TRACKAGE RIGHTS- An agreement under which financial support was provided
 on January 2, 1974, to a commuter authority to continue rail passenger
 transportation does not apply to Amtrak Commuter. However, Amtrak and the
 Consolidated Rail Corporation retain appropriate trackage rights over rail
 property owned or leased by the authority. Compensation for the rights
 shall be reasonable. [] Sec. 24502. Board of directors []  (a) COMPOSITION- The board of directors of Amtrak Commuter
 is composed of the following directors: []  (1) the President of Amtrak Commuter. []  (2) one individual from the board of directors of Amtrak
 selected as a representative of commuter authorities that make contracts
 with Amtrak Commuter for the operation of commuter rail passenger
 transportation. []  (3) 2 individuals selected by the board of directors of
 Amtrak. []  (4) 2 individuals selected by commuter authorities for
 which Amtrak Commuter provides commuter rail transportation under this
 chapter. However, only one individual shall be selected under this clause if
 Amtrak Commuter provides the transportation for only one authority. []  (b) TERMS- Except as otherwise provided in this section,
 individuals shall serve for 2 years. []  (c) CHAIRMAN- The board shall select annually one of its
 members to serve as Chairman. []  (d) PAY AND EXPENSES- Each director not employed by
 the United States Government is entitled to $300 a day when performing
 board duties and powers. Each director is entitled to reimbursement for
 necessary travel, reasonable secretarial and professional staff support,
 and subsistence expenses incurred in attending board meetings. []  (e) VACANCIES- A vacancy on the board is filled in the same
 way as the original selection. []  (f) BYLAWS- The board may adopt and amend bylaws governing
 the operation of Amtrak Commuter. The bylaws shall be consistent with this
 part and the articles of incorporation. [] Sec. 24503. Officers []  (a) APPOINTMENT AND TERMS- Amtrak Commuter has a President
 and other officers that are named and appointed by the board of directors
 of Amtrak Commuter. An officer of Amtrak Commuter must be a citizen of the
 United States. Officers of Amtrak Commuter serve at the pleasure of the
 board. []  (b) PAY- The board may fix the pay of the officers of Amtrak
 Commuter. An officer may be paid not more than the general level of pay
 for officers of rail carriers with comparable responsibility. []  (c) CONFLICTS OF INTEREST- When employed by Amtrak Commuter,
 an officer may not have a financial or employment relationship with a rail
 carrier, except that holding securities issued by a rail carrier is not deemed
 to be a violation of this subsection if the officer holding the securities
 makes a complete public disclosure of the holdings and does not participate
 in any decision directly affecting the rail carrier. [] Sec. 24504. General authority []  (a) GENERAL- Amtrak Commuter may-- []  (1) acquire, operate, maintain, and make contracts for the
 operation of equipment and facilities necessary for commuter rail passenger
 transportation; []  (2) conduct research and development related to the mission
 of Amtrak Commuter; and []  (3) issue common stock to Amtrak. []  (b) OPERATION AND CONTROL- To the extent consistent with this
 part and with an agreement with a commuter authority, Amtrak Commuter shall
 operate and control all aspects of the commuter rail passenger transportation
 it provides. []  (c) AGREEMENT TO AVOID DUPLICATING EMPLOYEE FUNCTIONS-
 To the maximum extent practicable, Amtrak Commuter and Amtrak shall make
 an agreement that avoids duplicating employee functions and voluntarily
 establishes a consolidated work force. [] Sec. 24505. Commuter rail passenger transportation []  (a) GENERAL AUTHORITY- Amtrak Commuter-- []  (1) shall provide commuter rail passenger transportation
 that the Consolidated Rail Corporation was obligated to provide on August 13,
 1981, under section 303(b)(2) or 304(e) of the Regional Rail Reorganization
 Act of 1973 (45 U.S.C. 743(b)(2), 744(e)); and []  (2) may provide other commuter rail passenger transportation
 if the commuter authority for which the transportation will be provided offers
 to provide a commuter rail passenger transportation payment equal to the--
 []  (A) avoidable costs of providing the transportation
 (including the avoidable cost of necessary capital improvements) and a
 reasonable return on the value; less []  (B) revenue attributable to the transportation. []  (b) OFFER REQUIREMENTS- (1) A commuter authority making an
 offer under subsection (a)(2) of this section shall-- []  (A) show that it has obtained access to all rail property
 necessary to provide the additional commuter rail passenger transportation;
 and []  (B) make the offer according to regulations the Rail
 Services Planning Office prescribes under section 10362(b)(5)(A) and (6)
 of this title. []  (2) The Office may revise and update the regulations when
 necessary to carry out this section. []  (c) ADDITIONAL EMPLOYEE REQUIREMENTS- Additional employee
 requirements shall be met through existing seniority arrangements agreed
 to in the implementing agreement negotiated under section 508 of the Rail
 Passenger Service Act. []  (d) WHEN OBLIGATION DOES NOT APPLY- Amtrak Commuter is not
 obligated to provide commuter rail passenger transportation if a commuter
 authority provides the transportation or makes a contract under which
 a person, except Amtrak Commuter, will provide the transportation. When
 appropriate, Amtrak Commuter shall give the authority or person access to
 the rail property needed to provide the transportation. []  (e) DISCONTINUANCE OF COMMUTER RAIL PASSENGER TRANSPORTATION-
 (1) Amtrak Commuter may discontinue commuter rail passenger transportation
 provided under this section on 60 days' notice if-- []  (A) a commuter authority does not offer a commuter rail
 passenger transportation payment under subsection (a)(2) of this section;
 or []  (B) a payment is not paid when due. []  (2) The Office shall prescribe regulations on the necessary
 contents of the notice required under this subsection. []  (f) COMPENSATION FOR RIGHT-OF-WAY RELATED COSTS- Compensation
 by a commuter authority to Amtrak or Amtrak Commuter for right-of-way related
 costs for transportation over property Amtrak owns shall be determined
 under a method the Interstate Commerce Commission establishes under section
 1163 of the Omnibus Budget Reconciliation Act of 1981 (45 U.S.C. 1111)
 or to which the parties agree. []  (g) APPLICATION OF OTHER LAWS- All laws related to commuter
 rail passenger transportation apply to a commuter authority providing
 commuter rail passenger transportation under this section. [] Sec. 24506. Certain duties and powers unaffected []  This chapter does not affect a duty or power of the
 Consolidated Rail Corporation or its successor and any bi-state commuter
 authority under an agreement, lease, or contract under which property was
 conveyed to the Corporation under the Regional Rail Reorganization Act of
 1973 (45 U.S.C. 701 et seq.). [] CHAPTER 247--AMTRAK ROUTE SYSTEM [] Sec. [] 24701. Operation of basic system. [] 24702. Improving rail passenger transportation. [] 24703. Route and service criteria. [] 24704. Transportation requested by States, authorities,
 and other persons. [] 24705. Additional qualifying routes. [] 24706. Discontinuance of transportation. [] 24707. Cost and performance review. [] 24708. Special commuter transportation. [] 24709. International transportation. [] Sec. 24701. Operation of basic system []  (a) BY AMTRAK- Amtrak shall provide intercity rail passenger
 transportation within the basic system unless the transportation is provided
 by-- []  (1) a rail carrier with which Amtrak did not make a contract
 under section 401(a) of the Rail Passenger Service Act; or []  (2) a regional transportation authority under contract with
 Amtrak. []  (b) BY OTHERS WITH CONSENT OF AMTRAK- Except as provided in
 section 24306 of this title, a person may provide intercity rail passenger
 transportation over a route over which Amtrak provides scheduled intercity
 rail passenger transportation under a contract under this section or section
 401(a) of the Act only with the consent of Amtrak. [] Sec. 24702. Improving rail passenger transportation
 []  (a) PLAN TO IMPROVE TRANSPORTATION- Amtrak shall continue
 to carry out its plan, submitted under section 305(f) of the Rail Passenger
 Service Act, to improve intercity rail passenger transportation provided
 in the basic system. The plan shall include-- []  (1) a zero-based assessment of all operating practices;
 []  (2) changes to achieve the minimum use of employees consistent
 with safe operations and adequate transportation; []  (3) a systematic program for achieving the greatest ratio
 of train size to passenger demand; []  (4) a systematic program to reduce trip time in the basic
 system; []  (5) establishing training programs to achieve on-time
 departures; []  (6) establishing priorities for passenger trains over
 freight trains; []  (7) adjusting the buying and pricing of food and beverages so
 that food and beverage services ultimately will be profitable; []  (8) cooperative marketing opportunities between Amtrak and
 governmental authorities that have intercity rail passenger transportation;
 and []  (9) cooperative marketing campaigns sponsored by Amtrak
 and the Secretary of Energy, the Administrator of the Federal Highway
 Administration, and the Administrator of the Environmental Protection
 Agency. []  (b) STATE AND LOCAL SPEED RESTRICTIONS- Amtrak shall--
 []  (1) identify any speed restriction a State or local government
 imposes on a train of Amtrak that Amtrak decides impedes Amtrak from achieving
 high-speed intercity rail passenger transportation; and []  (2) consult with that State or local government--
 []  (A) to evaluate alternatives to the speed restriction,
 considering the local safety hazard that is the basis for the restriction;
 and []  (B) to consider modifying or eliminating the restriction
 to allow safe operation at higher speeds. []  (c) ROUTES CONNECTING CORRIDORS- Amtrak shall begin or improve
 appropriate rail passenger transportation on a route between corridors that
 Amtrak decides is justified because it will increase ridership on trains
 of Amtrak on the route and in the connecting corridors. [] Sec. 24703. Route and service criteria []  (a) ROUTE DISCONTINUANCES AND ADDITIONS- Except as provided
 in this part, route discontinuances and route additions shall comply with
 the route and service criteria. []  (b) CONGRESSIONAL REVIEW OF CRITERIA AMENDMENTS- (1) Amtrak
 shall submit to Congress a draft of an amendment to the route and service
 criteria when Amtrak decides an amendment is appropriate. The amendment is
 effective at the end of the first period of 120 calendar days of continuous
 session of Congress after it is submitted unless there is enacted into law
 during the period a joint resolution stating Congress does not approve the
 amendment. []  (2) In this subsection-- []  (A) a continuous session of Congress is broken only by an
 adjournment sine die; and []  (B) the 120-day period does not include days on which
 either House is not in session because of adjournment of more than 3 days
 to a day certain. []  (c) NONAPPLICATION- The route and service criteria do not
 apply to-- []  (1) increasing or, because of construction schedules or other
 temporary disruptive facts or seasonal fluctuations in ridership, decreasing
 the number of trains on an existing route or a part of an existing route
 or on a route on which additional trains are being tested; []  (2) carrying out the recommendations developed under section
 4 of the Amtrak Improvement Act of 1978; []  (3) rerouting transportation between major population
 centers on an existing route; or []  (4)(A) modifying transportation operations under section
 24707(a) of this title; and []  (B) modifying the route system or discontinuing transportation
 under section 24707(b)  of this title. [] Sec. 24704. Transportation requested by States, authorities,
 and other persons []  (a) APPLICATIONS TO BEGIN OR KEEP TRANSPORTATION- (1)
 A State, a regional or local authority, or another person may apply to
 Amtrak and request Amtrak to provide rail passenger transportation or
 keep any part of a route, a train, or transportation that Amtrak intends
 to discontinue under section 24706(a) or (b) or 24707(a) or (b) of this
 title. An application shall-- []  (A) assure Amtrak that the State, authority, or person has
 sufficient resources to meet its share of the cost of the transportation
 for the time the transportation will be provided; []  (B) contain a market analysis acceptable to Amtrak to ensure
 that there is adequate demand for the transportation; and []  (C) commit the State, authority, or person to provide at least
 45 percent of the short term avoidable loss of providing the transportation
 the first year the transportation is provided and at least 65 percent of
 the short term avoidable loss each of the following years, and at least
 50 percent of associated capital costs each year the transportation is
 provided. []  (2) An application submitted by more than one State shall
 be considered in the same way as an application submitted by one State,
 without it being necessary for each State to comply with paragraph (1)
 of this subsection. []  (b) ACTIONS ON APPLICATIONS- (1) Amtrak shall review each
 application submitted under subsection (a) of this section to decide whether--
 []  (A) the application complies with subsection (a); and
 []  (B) there is a reasonable probability that Amtrak can
 provide the transportation from available resources. []  (2) Amtrak may make an agreement with an applicant under
 this section to begin or keep the transportation if Amtrak decides that
 the transportation can be provided with resources available to Amtrak. An
 agreement may be renewed for additional periods of not more than 2 years
 each. []  (c) SELECTING AMONG COMPETING APPLICATIONS- If more than one
 application is made for transportation consistent with the requirements of
 subsection (a) of this section, but all the transportation applied for cannot
 be provided with the available resources of Amtrak, the board of directors of
 Amtrak shall select the transportation that best serves the public interest
 and can be provided with the available resources of Amtrak. []  (d) FARE INCREASES- (1) Before increasing a fare applicable
 to transportation provided under subsection (b)(2) of this section by more
 than 5 percent during a 6-month period, Amtrak shall consult with officials
 of each State affected by the increase and explain why the increase is
 necessary. []  (2) Except as provided in paragraph (3) of this subsection,
 a fare increase described in paragraph (1) of this subsection takes effect
 90 days after Amtrak first consults with the affected States. However,
 not later than 30 days after the first consultation, a State may submit
 proposals to Amtrak for reducing costs and increasing revenues of the
 transportation. Amtrak shall consider the proposals in deciding how much
 of the proposed increase shall go into effect. []  (3)(A) Amtrak may increase a fare without regard to the
 restrictions of this subsection during-- []  (i) the first month of a fiscal year if the authorization
 of appropriations and the appropriations for Amtrak are not enacted at
 least 90 days before the beginning of the fiscal year; or []  (ii) the 30 days following enactment of an appropriation
 for Amtrak or a rescission of an appropriation. []  (B) Amtrak shall notify each affected State of an increase
 under subparagraph (A) of this paragraph as soon as possible after Amtrak
 decides to increase a fare. []  (e) DETERMINING LOSS, COSTS, AND REVENUES- After consulting
 with officials of each State contributing to providing transportation under
 subsection (b)(2) of this section, the board shall establish the basis
 for determining short term avoidable loss and associated capital costs of,
 and revenues from, the transportation. Amtrak shall give State officials
 the basis for determining the loss, cost, and revenue for each route on
 which transportation is provided under subsection (b)(2). []  (f) AVAILABILITY OF AMOUNTS- Amounts provided by Amtrak
 under an agreement with an applicant under subsection (b)(2) of this
 section that are allocated for associated capital costs remain available
 until expended. []  (g) ADVERTISING AND PROMOTION- At least 2 percent but not
 more than 5 percent of the revenue generated by transportation provided
 under subsection (b)(2) of this section shall be used for advertising and
 promotion at the local level. [] Sec. 24705. Additional qualifying routes []  (a) ROUTES RECOMMENDED FOR DISCONTINUANCE- (1) To maintain
 a national intercity rail passenger system in the United States and if a
 reduction in operating expenses can be achieved, Amtrak shall provide rail
 passenger transportation over each route the Secretary of Transportation
 recommended be discontinued under section 4 of the Amtrak Improvement Act
 of 1978 and may restructure a route to serve a major population center as
 an ending place or principal intermediate place. Transportation over a long
 distance route shall be maintained if the Amtrak estimate for the fiscal year
 ending September 30, 1980, was that the short term avoidable loss for each
 passenger-mile on the route was not more than 7 cents. Transportation over
 a short distance route shall be maintained if the Amtrak estimate for the
 fiscal year ending September 30, 1980, was that the short term avoidable loss
 for each passenger-mile on the route was not more than 9 cents. []  (2) For all routes, Amtrak shall calculate short term
 avoidable loss for each passenger-mile based on consistently defined
 factors. Calculations shall be based on the most recent available statistics
 for a 90-day period, except that Amtrak may use historical information
 adjusted to reflect the most recent available statistics. []  (b) DEFERRAL OF SECRETARY'S RECOMMENDATIONS- (1) To provide
 equivalent or improved transportation consistent with the goals of section
 4(a) of the Act, Amtrak may defer carrying out a recommendation of the
 Secretary under section 4 of the Act that requires providing transportation
 over a rail line not used in intercity rail passenger transportation on May
 24, 1979, requires using a new facility, or requires making a new labor
 agreement, until any necessary capital improvements are made in the line
 or facility or the agreement is made. []  (2) Notwithstanding another law and the route and service
 criteria, during the period a decision of the Secretary under section 4
 of the Act is deferred, Amtrak shall provide substitute transportation over
 existing routes recommended for restructuring and over other existing feasible
 routes. Except for transportation concentrating on commuter ridership over
 a short haul route, transportation provided under this paragraph may be
 provided only if the route complies with subsection (a) of this section,
 adjusted to reflect constant 1979 dollars. []  (c) SHORT HAUL DEMONSTRATION ROUTES- Notwithstanding this
 part, Amtrak may provide short haul trains on additional routes totaling
 not more than 200 miles that link at least 2 major metropolitan areas--
 []  (1) on a demonstration basis to establish the feasibility
 and benefits of the transportation; and []  (2) to the extent available resources allow. []  (d) ROUTES DISCONTINUED BY RAIL CARRIERS- Amtrak may
 undertake to provide rail passenger transportation between places served
 by a rail carrier filing a notice of discontinuance under section 10908 or
 10909 of this title. [] Sec. 24706. Discontinuance of transportation []  (a) NOTICE OF DISCONTINUANCE- (1) Except as provided in
 subsection (b) of this section, at least 90 days before transportation
 is discontinued under section 24704(b) or 24707(a) or (b) of this title,
 Amtrak shall give notice of the discontinuance in the way Amtrak decides
 will give a State, a regional or local authority, or another person the
 opportunity to agree to share the cost of any part of the train, route,
 or transportation to be discontinued. []  (2) Notice of the discontinuance of transportation under
 section 24704(b) or 24707(a) or (b) of this title shall be posted in all
 stations served by the train to be discontinued at least 14 days before
 the discontinuance. []  (b) DISCONTINUANCE FOR LACK OF APPROPRIATIONS- (1) Amtrak
 may discontinue transportation under section 24704(b) or 24707(a) or (b)
 of this title during-- []  (A) the first month of a fiscal year if the authorization
 of appropriations and the appropriations for Amtrak are not enacted at
 least 90 days before the beginning of the fiscal year; and []  (B) the 30 days following enactment of an appropriation
 for Amtrak or a rescission of an appropriation. []  (2) Amtrak shall notify each affected State or regional
 or local transportation authority of a discontinuance under this
 subsection as soon as possible after Amtrak decides to discontinue the
 transportation. []  (c) EMPLOYEE PROTECTIVE ARRANGEMENTS- (1)(A) In this
 subsection, `discontinuance of intercity rail passenger transportation'
 includes-- []  (i) a discontinuance of services provided by a rail carrier
 under a facility or service agreement under section 24308(a) of this title
 because of a modification or ending of the agreement or because Amtrak
 begins providing those services; and []  (ii) an adjustment in frequency, or seasonal suspension
 of intercity rail passenger trains that causes a temporary suspension of
 transportation, only if the adjustment or suspension reduces passenger train
 operations on a particular route to fewer than 3 round trips a week at any
 time during a calendar year. []  (B) Paragraph (1)(A)(ii) of this subsection applies only
 to an agreement to carry out this subsection involving Amtrak and its
 employees. []  (2) Amtrak or a rail carrier (including a terminal company)
 shall provide fair and equitable arrangements to protect the interests
 of its employees affected by a discontinuance of intercity rail passenger
 transportation. Arrangements shall include-- []  (A) the preservation of rights, privileges, and benefits
 (including continuation of pension rights and benefits) under existing
 collective bargaining agreements or otherwise; []  (B) the continuation of collective bargaining rights;
 []  (C) the protection of employees against a worsening of
 their positions related to employment; []  (D) assurances of priority of reemployment of employees
 whose employment is ended or who are laid off; and []  (E) paid training and retraining programs. []  (3) Arrangements under this subsection shall provide
 benefits at least equal to benefits established under section 11347 of this
 title. []  (4) A contract under this chapter shall specify the terms
 of protective arrangements. []  (5) This subsection does not impose on Amtrak an obligation
 of a rail carrier related to a right, privilege, or benefit earned by an
 employee because of previous service performed for the carrier. []  (6) This subsection does not apply to Amtrak
 Commuter. [] Sec. 24707. Cost and performance review []  (a) ROUTE REVIEWS- Amtrak shall review annually each route
 in the basic system to decide if the route meets the long distance or short
 distance route criterion, as appropriate, under section 24705(a)(1) of this
 title, adjusted to reflect constant 1979 dollars. The review shall include
 an evaluation of the potential market demand for, and the cost of providing
 transportation on, a part of the route and an alternative route. Amtrak
 shall submit the results of the review to the House of Representatives,
 the Senate, and the Secretary of Transportation. If Amtrak decides that a
 route will not meet the criterion under section 24705(a)(1), as adjusted,
 Amtrak shall modify or discontinue rail passenger transportation operations
 on the route so that it will meet the criterion. []  (b) FINANCIAL REQUIREMENTS AND PERFORMANCE STANDARDS- Not
 later than 30 days after the beginning of each fiscal year, Amtrak shall
 evaluate the financial requirements for operating the basic system and
 the progress in achieving the system-wide performance standards prescribed
 under this part during the fiscal year. If Amtrak decides amounts available
 for the fiscal year are not enough to meet estimated operating costs, or if
 Amtrak estimates it cannot meet the performance standards, Amtrak shall act
 to reduce costs and improve performance. Action under this subsection shall
 be designed to continue the maximum level of transportation practicable,
 including-- []  (1) changing the frequency of transportation; []  (2) increasing fares; []  (3) reducing the cost of sleeper car and dining car service
 on certain routes; []  (4) increasing the passenger capacity of cars used on
 certain routes; and []  (5) modifying the route system or discontinuing transportation
 over routes, considering short term avoidable loss and the number of
 passengers served on those routes. []  (c) COST LIMITATIONS AND REVENUE GOALS- Annual costs of Amtrak
 may not be more than amounts, including grants made under section 24105 of
 this title, contributions of States, regional and local authorities, and
 other persons, and revenues, available to Amtrak in the fiscal year. Amtrak
 annually shall set a goal of recovering an amount so that its revenues,
 including contributions, is at least 61 percent of its costs, except capital
 costs. []  (d) CONDUCTOR REPORTS- To assess the operational performance
 of trains, the President of Amtrak may direct the conductor on any train of
 Amtrak to report to Amtrak any inadequacy of train operation. The report shall
 be signed by the conductor, contain sufficient information to locate equipment
 or personnel failures, and be submitted promptly to Amtrak. [] Sec. 24708. Special commuter transportation []  Amtrak shall continue to provide rail passenger transportation
 provided under section 403(d) of the Rail Passenger Service Act before
 October 1, 1981, if, after considering estimated fare increases and State
 and local contributions to the transportation, the transportation meets the
 short distance route criterion under section 24705(a)(1)  of this title,
 as adjusted. Transportation continued under this section shall be financed
 consistent with the method of financing in effect on September 30, 1981. If
 the transportation is not estimated to meet the criterion, as adjusted,
 Amtrak may modify or discontinue the transportation so that the criterion
 is met. [] Sec. 24709. International transportation []  Amtrak may develop and operate international intercity rail
 passenger transportation between the United States and Canada and between
 the United States and Mexico. The Secretary of the Treasury and the Attorney
 General, in cooperation with Amtrak, shall maintain, consistent with the
 effective enforcement of the immigration and customs laws, en route customs
 inspection and immigration procedures for international intercity rail
 passenger transportation that will-- []  (1) be convenient for passengers; and []  (2) result in the quickest possible international intercity
 rail passenger transportation. [] CHAPTER 249--NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
 [] Sec. [] 24901. Definitions. [] 24902. Goals and requirements. [] 24903. General authority. [] 24904. Northeast Corridor Coordination Board. [] 24905. Note and mortgage. [] 24906. Transfer taxes and levies and recording
 charges. [] 24907. Authorization of appropriations. [] Sec. 24901. Definitions []  In this chapter-- []  (1) `final system plan' means the final system plan (including
 additions) adopted by the United States Railway Association under the Regional
 Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.). []  (2) `Northeast Corridor' means Connecticut, Delaware,
 the District of Columbia, Maryland, Massachusetts, New Jersey, New York,
 Pennsylvania, and Rhode Island. []  (3) `rail carrier' means an express carrier and a rail carrier
 as defined in section 10102 of this title, including Amtrak. [] Sec. 24902. Goals and requirements []  (a) NORTHEAST CORRIDOR IMPROVEMENT PLAN- To the extent of
 amounts appropriated under section 24907 of this title, Amtrak shall carry
 out a Northeast Corridor improvement program to achieve the following goals:
 []  (1) establish not later than September 30, 1985, regularly
 scheduled and dependable intercity rail passenger transportation between--
 []  (A) Boston, Massachusetts, and New York, New York, in not more
 than 3 hours and 40 minutes, including intermediate stops; and []  (B) New York, New York, and the District of Columbia, in not
 more than 2 hours and 40 minutes, including intermediate stops; []  (2) improve facilities, under route criteria approved
 by Congress, on routes to Harrisburg, Pennsylvania, Albany, New York,
 and Atlantic City, New Jersey, from the Northeast Corridor main line, and
 to Boston, Massachusetts, and New Haven, Connecticut, from Springfield,
 Massachusetts, to make those facilities more compatible with improved
 high-speed transportation provided on the Northeast Corridor main line;
 []  (3) improve nonoperational parts of stations, related
 facilities, and fencing used in intercity rail passenger transportation;
 []  (4) facilitate improvements in, and usage of, commuter
 rail passenger, rail rapid transit, and local public transportation, to the
 extent compatible with clauses (1)-(3) of this subsection and subsections
 (f) and (h) of this section; []  (5) maintain and improve rail freight transportation in
 or adjacent to the Northeast Corridor and through-freight transportation
 in the Northeast Corridor, to the extent compatible with clauses (1)-(4)
 of this subsection and subsections (f) and (h) of this section; []  (6) continue and improve passenger radio mobile telephone
 service on high-speed rail passenger transportation between Boston,
 Massachusetts, and the District of Columbia, to the extent compatible with
 clauses (1)-(3) of this subsection and subsections (f) and (h) of this
 section; and []  (7) eliminate to the maximum extent practicable congestion in
 rail freight and rail passenger transportation at the Baltimore and Potomac
 Tunnel in Baltimore, Maryland, by rehabilitating and improving the tunnel
 and the rail lines approaching the tunnel. []  (b) MANAGING COSTS AND REVENUES- Amtrak shall manage its
 operating costs, pricing policies, and other factors with the goal of having
 revenues derived each fiscal year from providing intercity rail passenger
 transportation over the Northeast Corridor route between the District of
 Columbia and Boston, Massachusetts, equal at least the operating costs of
 providing that transportation in that fiscal year. []  (c) COST SHARING FOR NONOPERATIONAL FACILITIES- (1) Fifty
 percent of the cost of improvements under subsection (a)(3) of this section
 shall be paid by a State, local or regional transportation authority or other
 responsible party. However, Amtrak may finance entirely a safety-related
 improvement. []  (2) When a part of the cost of improvements under subsection
 (a)(3) of this section will be paid by a responsible party under paragraph
 (1) of this subsection, Amtrak may make an agreement with the party under
 which Amtrak-- []  (A) shall carry out the improvements with amounts appropriated
 under section 24907 of this title and the party shall reimburse Amtrak;
 and []  (B) to the extent provided in an appropriation law, may incur
 obligations for contracts to carry out the improvements in anticipation of
 reimbursement. []  (3) Amounts reimbursed to Amtrak under paragraph (2)
 of this subsection shall be credited to the appropriation originally
 charged for the cost of the improvements and are available for further
 obligation. []  (d) PASSENGER RADIO MOBILE TELEPHONE SERVICE- The President
 and departments, agencies, and instrumentalities of the United States
 Government shall assist Amtrak under subsection (a)(6) of this section,
 subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and radio
 services standards, when the Federal Communications Commission decides the
 assistance is in the public interest, convenience, and necessity. []  (e) PRIORITIES IN SELECTING AND SCHEDULING PROJECTS- When
 selecting and scheduling specific projects, Amtrak shall apply the following
 considerations, in the following order of priority: []  (1) Safety-related items should be completed before other
 items because the safety of the passengers and users of the Northeast
 Corridor is paramount. []  (2) Activities that benefit the greatest number of passengers
 should be completed before activities involving fewer passengers. []  (3) Reliability of intercity rail passenger transportation
 must be emphasized. []  (4) Trip-time requirements of this section must be achieved
 to the extent compatible with the priorities referred to in paragraphs
 (1)-(3) of this subsection. []  (5) Improvements that will pay for the investment by
 achieving lower operating or maintenance costs should be carried out before
 other improvements. []  (6) Construction operations should be scheduled so that the
 fewest possible passengers are inconvenienced, transportation is maintained,
 and the on-time performance of Northeast Corridor commuter rail passenger
 and rail freight transportation is optimized. []  (7) Planning should focus on completing activities that will
 provide immediate benefits to users of the Northeast Corridor. []  (f) COMPATIBILITY WITH FUTURE IMPROVEMENTS AND PRODUCTION OF
 MAXIMUM LABOR BENEFITS- Improvements under this section shall be compatible
 with future improvements in transportation and shall produce the maximum
 labor benefit from hiring individuals presently unemployed. []  (g) AUTOMATIC TRAIN CONTROL SYSTEMS- A train operating on
 the Northeast Corridor main line or between the main line and Atlantic City
 shall be equipped with an automatic train control system designed to slow
 or stop the train in response to an external signal. []  (h) HIGH-SPEED TRANSPORTATION- If practicable, Amtrak shall
 establish intercity rail passenger transportation in the Northeast Corridor
 that carries out section 703(1)(E) of the Railroad Revitalization and
 Regulatory Reform Act of 1976 (Public Law 94-210, 90 Stat. 121). []  (i) EQUIPMENT DEVELOPMENT- Amtrak shall develop economical
 and reliable equipment compatible with track, operating, and marketing
 characteristics of the Northeast Corridor, including the capability to meet
 reliable trip times under section 703(1)(E) of the Railroad Revitalization and
 Regulatory Reform Act of 1976 (Public Law 94-210, 90 Stat. 121) in regularly
 scheduled revenue transportation in the Corridor, when the Northeast Corridor
 improvement program is completed. Amtrak must decide that equipment complies
 with this subsection before buying equipment with financial assistance
 of the Government. Amtrak shall submit a request for an authorization of
 appropriations for production of the equipment. []  (j) AGREEMENTS FOR OFF-CORRIDOR ROUTING OF RAIL FREIGHT
 TRANSPORTATION- (1) Amtrak may make an agreement with a rail freight carrier
 or a regional transportation authority  under which the carrier will carry
 out an alternate off-corridor routing of rail freight transportation over
 rail lines in the Northeast Corridor between the District of Columbia and
 New York metropolitan areas, including intermediate points. The agreement
 shall be for at least 5 years. []  (2) Amtrak shall apply to the Interstate Commerce Commission
 for approval of the agreement and all related agreements accompanying
 the application as soon as the agreement is made. If the Commission finds
 that approval is necessary to carry out this chapter, the Commission shall
 approve the application and related agreements not later than 90 days after
 receiving the application. []  (3) If an agreement is not made under paragraph (1) of
 this subsection, Amtrak, with the consent of the other parties, may apply
 to the Interstate Commerce Commission. Not later than 90 days after the
 application, the Commission shall decide on the terms of an agreement if it
 decides that doing so is necessary to carry out this chapter. The decision
 of the Commission is binding on the other parties. []  (k) COORDINATION- (1) The Secretary of Transportation shall
 coordinate-- []  (A) transportation programs related to the Northeast Corridor
 to ensure that the programs are integrated and consistent with the Northeast
 Corridor improvement program; and []  (B) amounts from departments, agencies, and instrumentalities
 of the Government to achieve urban redevelopment and revitalization in
 the vicinity of urban rail stations in the Northeast Corridor served by
 intercity and commuter rail passenger transportation. []  (2) If the Secretary finds significant noncompliance with
 this section, the Secretary may deny financing to a noncomplying program
 until the noncompliance is corrected. []  (l) COMPLETION- Amtrak shall give the highest priority to
 completing the program. [] Sec. 24903. General authority []  (a) GENERAL- To carry out this part and the Regional
 Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may--
 []  (1) acquire, maintain, and dispose of any interest in
 property used to provide improved high-speed rail transportation under
 section 24902 of this title; []  (2) provide for rail freight, intercity rail passenger,
 and commuter rail passenger transportation over property acquired under
 this section; []  (3) improve rail rights of way between Boston, Massachusetts,
 and the District of Columbia (including the route through Springfield,
 Massachusetts, and routes to Harrisburg, Pennsylvania, and Albany, New York,
 from the Northeast Corridor main line) to achieve the goals of section 24902
 of this title of providing improved high-speed rail passenger transportation
 between Boston, Massachusetts, and the District of Columbia, and intermediate
 intercity markets; []  (4) acquire, build, improve, and install passenger stations,
 communications and electric power facilities and equipment, public and
 private highway and pedestrian crossings, and other facilities and equipment
 necessary to provide improved high-speed rail passenger transportation over
 rights of way improved under clause (3) of this subsection; []  (5) make agreements with other carriers and commuter
 authorities to grant, acquire, or make arrangements for rail freight or
 commuter rail passenger transportation over, rights of way and facilities
 acquired under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701
 et seq.) and the Railroad Revitalization and Regulatory Reform Act of 1976
 (45 U.S.C. 801 et seq.); []  (6) appoint a general manager of the Northeast Corridor
 improvement program; and []  (7) make agreements with telecommunications common carriers,
 subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.), to continue
 existing, and establish new and improved, passenger radio mobile telephone
 service in the high-speed rail passenger transportation area specified in
 section 24902(a) (1) and (2) of this title. []  (b) COMPENSATORY AGREEMENTS- Rail freight and commuter rail
 passenger transportation provided under subsection (a)(2) of this section
 shall be provided under compensatory agreements with the responsible
 carriers. []  (c) COMPENSATION FOR TRANSPORTATION OVER CERTAIN RIGHTS
 OF WAY AND FACILITIES- (1) An agreement under subsection (a)(5) of this
 section shall provide for reasonable reimbursement of costs but may not
 cross-subsidize intercity rail passenger, commuter rail passenger, and rail
 freight transportation. []  (2) If the parties do not agree, the Interstate Commerce
 Commission shall order that the transportation continue over facilities
 acquired under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701
 et seq.) and the Railroad Revitalization and Regulatory Reform Act of 1976
 (45 U.S.C. 801 et seq.) and shall determine compensation (without allowing
 cross-subsidization between intercity rail passenger and rail freight
 transportation) for the transportation not later than 120 days after
 the dispute is submitted. The Commission shall assign to a rail freight
 carrier obtaining transportation under this subsection the costs Amtrak
 incurs only for the benefit of the carrier, plus a proportionate share of
 all other costs of providing transportation under this paragraph incurred
 for the common benefit of Amtrak and the carrier. The proportionate share
 shall be based on relative measures of volume of car operations, tonnage,
 or other factors that reasonably reflect the relative use of rail property
 covered by this subsection. []  (3) This subsection does not prevent the parties from making
 an agreement under subsection (a)(5) of this section after the Commission
 makes a decision under this subsection. [] Sec. 24904. Northeast Corridor Coordination Board []  (a) COMPOSITION- The Northeast Corridor Coordination Board
 is composed of the following members: []  (1) one individual from each commuter authority (as
 defined in section 1135(a)(3) of the Omnibus Budget Reconciliation Act
 of 1981 (45 U.S.C. 1104(3))) that provides or makes a contract to provide
 commuter rail passenger transportation over the main line of the Northeast
 Corridor. []  (2) 2 individuals selected by Amtrak. []  (3) one individual selected by the Consolidated Rail
 Corporation. []  (b) POLICY RECOMMENDATIONS- The Board shall recommend to
 Amtrak-- []  (1) policies that ensure equitable access to the Northeast
 Corridor, considering the need for equitable access by commuter and intercity
 rail passenger transportation and the requirements of section 24308(c)
 of this title; and []  (2) equitable policies for the Northeast Corridor related to--
 []  (A) dispatching; []  (B) public information; []  (C) maintaining equipment and facilities; []  (D) major capital facility investments; and []  (E) harmonizing equipment acquisitions, rates, and
 schedules. []  (c) RECOMMENDATIONS FOR ACTION- The Board may recommend
 to the board of directors and President of Amtrak action necessary to
 resolve differences on providing transportation, except for facilities
 and transportation matters under section 24308(a) or 24903(a)(5) and (c)
 of this title. [] Sec. 24905. Note and mortgage []  (a) GENERAL AUTHORITY- To secure amounts expended by the
 United States Government to acquire and improve rail property designated under
 section 206(c)(1) (C) and (D) of the Regional Rail Reorganization Act of 1973
 (45 U.S.C. 716(c)(1) (C) and (D)), the Secretary of Transportation may obtain
 a note of indebtedness from, and make a mortgage agreement with, Amtrak to
 establish a mortgage lien on the property for the Government. The note and
 mortgage may not supersede section 24903 of this title. []  (b) EXEMPTIONS FROM LAWS AND REGULATIONS- The note and
 agreement under subsection (a) of this section, and a transaction related
 to the note or agreement, are exempt from any United States, State,
 or local law or regulation that regulates securities or the issuance of
 securities. The note, agreement, or transaction under this section has the
 same immunities from other laws that section 601 of the Act (45 U.S.C. 791)
 gives to transactions that comply with or carry out the final system plan. The
 transfer of rail property because of the note, agreement, or transaction has
 the same exemptions, privileges, and immunities that the Act (45 U.S.C. 701
 et seq.) gives to a transfer ordered or approved by the special court under
 section 303(b) of the Act (45 U.S.C. 743(b)). []  (c) IMMUNITY FROM LIABILITY AND INDEMNIFICATION- Amtrak,
 its board of directors, and its individual directors are not liable because
 Amtrak has given or issued the note or agreement to the Government under
 subsection (a) of this section. Immunity granted under this subsection also
 applies to a transaction related to the note or agreement. The Government
 shall indemnify Amtrak, its board, and individual directors against costs
 and expenses actually and reasonably incurred in defending a civil action
 testing the validity of the note, agreement, or transaction. [] Sec. 24906. Transfer taxes and levies and recording charges
 []  A transfer of an interest in rail property under this chapter
 is exempt from a tax or levy related to the transfer that is imposed by the
 United States Government, a State, or a political subdivision of a State. On
 payment of the appropriate and generally applicable charge for the service
 performed, a transferee or transferor may record an instrument and, consistent
 with the final system plan, the release or removal of a pre-existing lien
 or encumbrance of record related to the interest transferred. [] Sec. 24907. Authorization of appropriations []  (a) GENERAL- (1) Not more than $2,313,000,000 may be
 appropriated to the Secretary of Transportation to achieve the goals of
 section 24902(a)(1) of this title. From this amount, the following amounts
 shall be expended by Amtrak: []  (A) at least $27,000,000 for equipment modification and
 replacement that a State or a local or regional transportation authority
 must bear because of the electrification conversion system of the Northeast
 Corridor under this chapter. []  (B) $30,000,000-- []  (i) to improve the main line track between the main line
 and Atlantic City to ensure that the track, consistent with a plan New
 Jersey developed in consultation with Amtrak to provide rail passenger
 transportation between the Northeast Corridor main line and Atlantic City,
 New Jersey, would be of sufficient quality to allow safe rail passenger
 transportation at a minimum of 79 miles an hour not later than September 30,
 1985; and []  (ii) to promote rail passenger use of the track. []  (C) necessary amounts to-- []  (i) develop Union Station in the District of Columbia;
 []  (ii) install 189 track-miles, and renew 133 track-miles,
 of concrete ties with continuously welded rail between the District of
 Columbia and New York, New York; []  (iii) install reverse signaling between Philadelphia,
 Pennsylvania, and Morrisville, Pennsylvania, on numbers 2 and 3 track;
 []  (iv) restore ditch drainage in concrete tie locations
 between the District of Columbia and New York, New York; []  (v) undercut 83 track-miles between the District of Columbia
 and New York, New York; []  (vi) rehabilitate bridges between the District of Columbia
 and New York, New York (including Hi line); []   (vii) develop a maintenance of way equipment repair
 facility between the District of Columbia and New York, New York, and build
 maintenance of way bases at Philadelphia, Pennsylvania, Sunnyside, New York,
 and Cedar Hill, Connecticut; []  (viii) stabilize the roadbed between the District of Columbia
 and New York, New York; []  (ix) automate the Bush River Drawbridge at milepost 72.14;
 []  (x) improve the New York Service Facility to develop rolling
 stock repair capability; []  (xi) install a rail car washer facility at Philadelphia,
 Pennsylvania; []  (xii) restore storage tracks and buildings at the Washington
 Service Facility; []  (xiii) install centralized traffic control from Landlith,
 Delaware, to Philadelphia, Pennsylvania; []  (xiv) improve track, including high speed surfacing,
 ballast cleaning, and associated equipment repair and material distribution;
 []  (xv) rehabilitate interlockings between the District of
 Columbia and New York, New York; []  (xvi) paint the Connecticut River, Groton, and Pelham Bay
 bridges; []  (xvii) provide additional catenary renewal and power
 supply upgrading between the District of Columbia and New York, New York;
 []  (xviii) rehabilitate structural, electrical, and mechanical
 systems at the 30th Street Station in Philadelphia, Pennsylvania;
 []  (xix) install evacuation and fire protection facilities in
 tunnels in New York, New York; []  (xx) improve the communication and signal systems between
 Wilmington, Delaware, and Boston, Massachusetts, on the Northeast Corridor
 main line, and between Philadelphia, Pennsylvania, and Harrisburg,
 Pennsylvania, on the Harrisburg Line; []  (xxi) improve the electric traction systems between
 Wilmington, Delaware, and Newark, New Jersey; []  (xxii) install baggage rack restraints, seat back guards, and
 seat lock devices on 348 passenger cars operating in the Northeast Corridor;
 []  (xxiii) install 44 event recorders and 10 electronic
 warning devices on locomotives operating within the Northeast Corridor;
 and []  (xxiv) acquire cab signal test boxes and install 9 wayside
 loop code transmitters for use within the Northeast Corridor. []  (2) The following additional amounts may be appropriated
 to the Secretary for expenditure by Amtrak: []  (A) not more than $150,000,000 to achieve the goal of
 section 24902(a)(3) of this title. []  (B) not more than $120,000,000 to acquire interests in
 property in the Northeast Corridor. []  (C) not more than $650,000 to develop and use mobile radio
 frequencies for passenger radio mobile telephone service on high-speed rail
 passenger transportation. []  (D) not more than $20,000,000 to acquire and improve interests
 in rail property designated under section 206(c)(1)(D) of the Regional Rail
 Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(D)). []  (E) not more than $37,000,000 to carry out section 24902(a)(7)
 and (j) of this title. []  (b) EMERGENCY MAINTENANCE- Not more than $25,000,000 of the
 amount appropriated under the Act of February 28, 1975 (Public Law 94-6, 89
 Stat. 11), may be used by Amtrak for emergency maintenance on rail property
 designated under section 206(c)(1)(C) of the Regional Rail Reorganization
 Act of 1973 (45 U.S.C. 716 (c)(1)(C)). []  (c) PRIORITY IN USING CERTAIN AMOUNTS- Amounts appropriated
 under subsection (a)(2)(B) and (D) of this section shall be used first to
 repay, with interest, obligations guaranteed under section 24103 of this
 title, if the proceeds of those obligations were used to pay the expenses
 of acquiring interests in property referred to in subsection (a)(2)(B) and
 (D). []  (d) PROHIBITION ON SUBSIDIZING COMMUTER AND FREIGHT OPERATING
 LOSSES- Amounts appropriated under this section may not be used to subsidize
 operating losses of commuter rail or rail freight transportation. []  (e) SUBSTITUTING AND DEFERRING CERTAIN IMPROVEMENTS- (1)
 A project for which amounts are authorized under subsection (a)(1)(C) of
 this section is a part of the Northeast Corridor improvement program and
 is not a substitute for improvements specified in the document `Corridor
 Master Plan II, NECIP Restructured Program' of January, 1982. However, Amtrak
 may defer the project to carry out the improvement and rehabilitation for
 which amounts are authorized under subsection (a)(1)(B) of this section. The
 total cost of the project that Amtrak defers may not be substantially more
 than the amount Amtrak is required to expend or reserve under subsection
 (a)(1)(B). []  (2) Section 24902 of this title is deemed not to be
 fulfilled until the projects under subsection (a)(1)(C) of this section
 are completed. []  (f) AVAILABILITY OF AMOUNTS- Amounts appropriated under
 subsection (a)(1) and (2)(A) and (C)-(E) of this section remain available
 until expended. []  (g) AUTHORIZATIONS INCREASED BY PRIOR YEAR DEFICIENCIES- An
 amount greater than that authorized for a fiscal year may be appropriated
 to the extent that the amount appropriated for any prior fiscal year is
 less than the amount authorized for that year. [] PART D--MISCELLANEOUS [] CHAPTER 261--LAW ENFORCEMENT [] Sec. [] 26101. Rail police officers. [] 26102. Limit on certain accident or incident
 liability. [] Sec. 26101. Rail police officers []  Under regulations prescribed by the Secretary of
 Transportation, a rail police officer who is employed by a rail carrier and
 certified or commissioned as a police officer under the laws of a State
 may enforce the laws of any jurisdiction in which the rail carrier owns
 property, to the extent of the authority of a police officer certified or
 commissioned under the laws of that jurisdiction, to protect-- []  (1) employees, passengers, or patrons of the rail carrier;
 []  (2) property, equipment, and facilities owned, leased,
 operated, or maintained by the rail carrier; []  (3) property moving in interstate or foreign commerce in
 the possession of the rail carrier; and []  (4) personnel, equipment, and material moving by rail that
 are vital to the national defense. [] Sec. 26102. Limit on certain accident or incident liability
 []  (a) GENERAL- When a publicly financed commuter transportation
 authority established under Virginia law makes a contract to indemnify
 Amtrak for liability for operations conducted by or for the authority or to
 indemnify a rail carrier over whose tracks those operations are conducted,
 liability against Amtrak, the authority, or the carrier for all claims
 (including punitive damages) arising from an accident or incident in the
 District of Columbia related to those operations may not be more than the
 limits of the liability coverage the authority maintains to indemnify Amtrak
 or the carrier. []  (b) MINIMUM REQUIRED LIABILITY COVERAGE- A publicly
 financed commuter transportation authority referred to in subsection (a)
 of this section must maintain a total minimum liability coverage of at
 least $200,000,000. []  (c) EFFECTIVENESS- This section is effective only after
 Amtrak or a rail carrier seeking an indemnification contract under this
 section makes an operating agreement with a publicly financed commuter
 transportation authority established under Virginia law to provide access
 to its property for revenue transportation related to the operations of
 the authority. [] SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS [] PART A--GENERAL [] Sec. [] 301. [] MOTOR VEHICLE SAFETY [] 30101 [] 303. [] NATIONAL DRIVER REGISTER [] 30301 [] PART B--COMMERCIAL [] 311. [] COMMERCIAL MOTOR VEHICLE SAFETY [] 31101 [] 313. [] COMMERCIAL MOTOR VEHICLE OPERATORS [] 31301 [] 315. [] MOTOR CARRIER SAFETY [] 31501 [] PART C--INFORMATION, STANDARDS, AND REQUIREMENTS [] 321. [] GENERAL [] 32101 [] 323. [] CONSUMER INFORMATION [] 32301 [] 325. [] BUMPER STANDARDS [] 32501 [] 327. [] ODOMETERS [] 32701 [] 329. [] AUTOMOBILE FUEL ECONOMY [] 32901 [] 331. [] THEFT PREVENTION [] 33101 [] PART A--GENERAL [] CHAPTER 301--MOTOR VEHICLE SAFETY [] SUBCHAPTER I--GENERAL [] Sec. [] 30101. Purpose and policy. [] 30102. Definitions. [] 30103. Relationship to other laws. [] SUBCHAPTER II--STANDARDS AND COMPLIANCE [] 30111. Standards. [] 30112. Prohibitions on manufacturing, selling, and importing
 noncomplying motor vehicles and equipment. [] 30113. General exemptions. [] 30114. Special exemptions. [] 30115. Certification of compliance. [] 30116. Defects and noncompliance found before sale to
 purchaser. [] 30117. Providing information to, and maintaining records on,
 purchasers. [] 30118. Notification of defects and noncompliance. [] 30119. Notification procedures. [] 30120. Remedies for defects and noncompliance. [] 30121. Provisional notification and civil actions to
 enforce. [] 30122. Making safety devices and elements
 inoperative. [] 30123. Tires. [] 30124. Occupant restraint systems. [] 30125. Schoolbuses and schoolbus equipment. [] 30126. Used motor vehicles. [] SUBCHAPTER III--IMPORTING NONCOMPLYING MOTOR VEHICLES AND
 EQUIPMENT [] 30141. Importing motor vehicles capable of complying with
 standards. [] 30142. Importing motor vehicles for personal use. [] 30143. Motor vehicles imported by individuals employed
 outside the United States. [] 30144. Importing motor vehicles on a temporary basis. [] 30145. Importing motor vehicles or equipment requiring
 further manufacturing. [] 30146. Release of motor vehicles and bonds. [] 30147. Responsibility for defects and noncompliance. [] SUBCHAPTER IV--ENFORCEMENT AND ADMINISTRATIVE [] 30161. Judicial review of standards. [] 30162. Petitions by interested persons for standards and
 enforcement. [] 30163. Actions by the Attorney General. [] 30164. Service of process. [] 30165. Civil penalty. [] 30166. Inspections, investigations, and records. [] 30167. Disclosure of information by the Secretary of
 Transportation. [] 30168. Research, testing, development, and training. [] 30169. Annual reports. [] SUBCHAPTER I--GENERAL [] Sec. 30101. Purpose and policy []  The purpose of this chapter is to reduce traffic accidents
 and deaths and injuries resulting from traffic accidents. Therefore it is
 necessary-- []  (1) to prescribe motor vehicle safety standards for
 motor vehicles and motor vehicle equipment in interstate commerce; and
 []  (2) to carry out needed safety research and
 development. [] Sec. 30102. Definitions []  (a) GENERAL DEFINITIONS- In this chapter-- []  (1) `dealer' means a person selling and distributing new
 motor vehicles or motor vehicle equipment primarily to purchasers that in good
 faith purchase the vehicles or equipment other than for resale. []  (2) `defect' includes any defect in performance,
 construction, a component, or material of a motor vehicle or motor vehicle
 equipment. []  (3) `distributor' means a person primarily selling and
 distributing motor vehicles or motor vehicle equipment for resale. []  (4) `interstate commerce' means commerce between a place
 in a State and a place in another State or between places in the same State
 through another State. []  (5) `manufacturer' means a person-- []  (A) manufacturing or assembling motor vehicles or motor
 vehicle equipment; or []  (B) importing motor vehicles or motor vehicle equipment
 for resale. []  (6) `motor vehicle' means a vehicle driven or drawn by
 mechanical power and manufactured primarily for use on public streets,
 roads, and highways, but does not include a vehicle operated only on a rail
 line. []  (7) `motor vehicle equipment' means-- []  (A) any system, part, or component of a motor vehicle as
 originally manufactured; []  (B) any similar part or component manufactured or sold
 for replacement or improvement of a system, part, or component, or as an
 accessory or addition to a motor vehicle; or []  (C) any device or an article or apparel (except medicine
 or eyeglasses prescribed by a licensed practitioner) that is not a system,
 part, or component of a motor vehicle and is manufactured, sold, delivered,
 offered, or intended to be used only to safeguard motor vehicles and highway
 users against risk of accident, injury, or death. []  (8) `motor vehicle safety' means the performance of a
 motor vehicle or motor vehicle equipment in a way that protects the public
 against unreasonable risk of accidents occurring because of the design,
 construction, or performance of a motor vehicle, and against unreasonable
 risk of death or injury in an accident, and includes nonoperational safety
 of a motor vehicle. []  (9) `motor vehicle safety standard' means a minimum standard
 for motor vehicle or motor vehicle equipment performance. []  (10) `State' means a State of the United States, the District
 of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa,
 and the Virgin Islands. []  (11) `United States district court' means a district court
 of the United States, a United States court for Guam, the Virgin Islands,
 and American Samoa, and the district court for the Northern Mariana
 Islands. []  (b) LIMITED DEFINITIONS- (1) In sections 30117(b),
 30118-30121, and 30166(f) of this title-- []  (A) `adequate repair' does not include repair resulting
 in substantially impaired operation of a motor vehicle or motor vehicle
 equipment; []  (B) `first purchaser' means the first purchaser of a motor
 vehicle or motor vehicle equipment other than for resale; []  (C) `original equipment' means motor vehicle equipment
 (including a tire) installed in or on a motor vehicle at the time of delivery
 to the first purchaser; []  (D) `replacement equipment' means motor vehicle equipment
 (including a tire) that is not original equipment; []  (E) a brand name owner of a tire marketed under a brand name
 not owned by the manufacturer of the tire is deemed to be the manufacturer
 of the tire; []  (F) a defect in original equipment, or noncompliance of
 original equipment with a motor vehicle safety standard prescribed under
 this chapter, is deemed to be a defect or noncompliance of the motor vehicle
 in or on which the equipment was installed at the time of delivery to the
 first purchaser; []  (G) a manufacturer of a motor vehicle in or on which original
 equipment was installed when delivered to the first purchaser is deemed to
 be the manufacturer of the equipment; and []  (H) a retreader of a tire is deemed to be the manufacturer
 of the tire. []  (2) The Secretary of Transportation may prescribe regulations
 amending paragraph (1) (C), (D), (F), or (G) of this subsection. [] Sec. 30103. Relationship to other laws []  (a) UNIFORMITY OF REGULATIONS- The Secretary of Transportation
 may not prescribe a safety regulation related to a motor vehicle subject to
 subchapter II of chapter 105 of this title that differs from a motor vehicle
 safety standard prescribed under this chapter. However, the Secretary may
 prescribe, for a motor vehicle operated by a carrier subject to subchapter
 II of chapter 105, a safety regulation that imposes a higher standard of
 performance after manufacture than that required by an applicable standard
 in effect at the time of manufacture. []  (b) PREEMPTION- (1) When a motor vehicle safety standard
 is in effect under this chapter, a State or a political subdivision of
 a State may prescribe or continue in effect a standard applicable to the
 same aspect of performance of a motor vehicle or motor vehicle equipment
 only if the standard is identical to the standard prescribed under this
 chapter. However, the United States Government, a State, or a political
 subdivision of a State may prescribe a standard for a motor vehicle or motor
 vehicle equipment obtained for its own use that imposes a higher performance
 requirement than that required by the otherwise applicable standard under
 this chapter. []  (2) A State may enforce a standard that is identical to a
 standard prescribed under this chapter. []  (c) ANTITRUST LAWS- This chapter does not-- []  (1) exempt from the antitrust laws conduct that is unlawful
 under those laws; or []  (2) prohibit under the antitrust laws conduct that is lawful
 under those laws. []  (d) WARRANTY OBLIGATIONS AND ADDITIONAL LEGAL RIGHTS AND
 REMEDIES- Sections 30117(b), 30118-30121, 30166(f), and 30167 (a) and (b)
 of this title do not establish or affect a warranty obligation under a law
 of the United States or a State. A remedy under those sections and sections
 30161 and 30162 of this title is in addition to other rights and remedies
 under other laws of the United States or a State. []  (e) COMMON LAW LIABILITY- Compliance with a motor vehicle
 safety standard prescribed under this chapter does not exempt a person from
 liability at common law. [] SUBCHAPTER II--STANDARDS AND COMPLIANCE [] Sec. 30111. Standards []  (a) GENERAL REQUIREMENTS- The Secretary of Transportation
 shall prescribe motor vehicle safety standards. Each standard shall be
 practicable, meet the need for motor vehicle safety, and be stated in
 objective terms. []  (b) CONSIDERATIONS AND CONSULTATION- When prescribing a
 motor vehicle safety standard under this chapter, the Secretary shall--
 []  (1) consider relevant available motor vehicle safety
 information; []  (2) consult with the agency established under the Act of
 August 20, 1958 (Public Law 85-684, 72 Stat. 635), and other appropriate State
 or interstate authorities (including legislative committees); []  (3) consider whether a proposed standard is reasonable,
 practicable, and appropriate for the particular type of motor vehicle or
 motor vehicle equipment for which it is prescribed; and []  (4) consider the extent to which the standard will carry
 out section 30101 of this title. []  (c) COOPERATION- The Secretary may advise, assist, and
 cooperate with departments, agencies, and instrumentalities of the United
 States Government, States, and other public and private agencies in developing
 motor vehicle safety standards. []  (d) EFFECTIVE DATES OF STANDARDS- The Secretary shall
 specify the effective date of a motor vehicle safety standard prescribed
 under this chapter in the order prescribing the standard. A standard may
 not become effective before the 180th day after the standard is prescribed
 or later than one year after it is prescribed. However, the Secretary may
 prescribe a different effective date after finding, for good cause shown,
 that a different effective date is in the public interest and publishing
 the reasons for the finding. [] Sec. 30112. Prohibitions on manufacturing, selling, and
 importing noncomplying motor vehicles and equipment []  (a) GENERAL- Except as provided in this section, sections
 30113 and 30114 of this title, and subchapter III of this chapter,  a person
 may not manufacture for sale, sell, offer for sale, introduce or deliver
 for introduction in interstate commerce, or import into the United States,
 any motor vehicle or motor vehicle equipment manufactured on or after the
 date an applicable motor vehicle safety standard prescribed under this
 chapter takes effect unless the vehicle or equipment complies with the
 standard and is covered by a certification issued under section 30115 of
 this title. []  (b) NONAPPLICATION- This section does not apply to--
 []  (1) the sale, offer for sale, or introduction or delivery
 for introduction in interstate commerce of a motor vehicle or motor vehicle
 equipment after the first purchase of the vehicle or equipment in good
 faith other than for resale; []  (2) a person-- []  (A) establishing that the person had no reason to know,
 despite exercising reasonable care, that a motor vehicle or motor vehicle
 equipment does not comply with applicable motor vehicle safety standards
 prescribed under this chapter; or []  (B) holding, without knowing about the noncompliance and
 before the vehicle or equipment is first purchased in good faith other than
 for resale, a certificate issued by a manufacturer or importer stating the
 vehicle or equipment complies with applicable standards prescribed under
 this chapter; []  (3) a motor vehicle or motor vehicle equipment intended only
 for export, labeled for export on the vehicle or equipment and on the outside
 of any container of the vehicle or equipment, and exported; []  (4) a motor vehicle the Secretary of Transportation decides
 under section 30141 of this title is capable of complying with applicable
 standards prescribed under this chapter; []  (5) a motor vehicle imported for personal use by an individual
 who receives an exemption under section 30142 of this title; []  (6) a motor vehicle under section 30143 of this title
 imported by an individual employed outside the United States; []  (7) a motor vehicle under section 30144 of this title
 imported on a temporary basis; []  (8) a motor vehicle or item of motor vehicle equipment under
 section 30145 of this title requiring further manufacturing; or []  (9) a motor vehicle that is at least 25 years old. [] Sec. 30113. General exemptions []  (a) DEFINITION- In this section, `low-emission motor vehicle'
 means a motor vehicle meeting the standards for new motor vehicles applicable
 to the vehicle under section 202 of the Clean Air Act (42 U.S.C. 7521)
 when the vehicle is manufactured and emitting an air pollutant in an amount
 significantly below one of those standards. []  (b) AUTHORITY TO EXEMPT AND PROCEDURES- (1) The Secretary
 of Transportation may exempt, on a temporary basis, motor vehicles from a
 motor vehicle safety standard prescribed under this chapter on terms the
 Secretary considers appropriate. An exemption may be renewed. A renewal
 may be granted only on reapplication and must conform to the requirements
 of this subsection. []  (2) The Secretary may begin a proceeding under this
 subsection when a manufacturer applies for an exemption or a renewal of
 an exemption. The Secretary shall publish notice of the application and
 provide an opportunity to comment. An application for an exemption or for
 a renewal of an exemption shall be filed at a time and in the way, and
 contain information, this section and the Secretary require. []  (3) The Secretary may act under this subsection on finding
 that-- []  (A) an exemption is consistent with the public interest
 and this chapter; and []  (B)(i) compliance with the standard would cause substantial
 economic hardship to a manufacturer that has tried to comply with the
 standard in good faith; []  (ii) the exemption would make easier the development or
 field evaluation of a new motor vehicle safety feature providing a safety
 level at least equal to the safety level of the standard; []  (iii) the exemption would make the development or field
 evaluation of a low-emission motor vehicle easier and would not unreasonably
 lower the safety level of that vehicle; or []  (iv) compliance with the standard would prevent the
 manufacturer from selling a motor vehicle with an overall safety level at
 least equal to the overall safety level of nonexempt vehicles. []  (c) CONTENTS OF APPLICATIONS- A manufacturer applying for an
 exemption under subsection (b) of this section shall include the following
 information in the application: []  (1) if the application is made under subsection (b)(3)(B)(i)
 of this section, a complete financial statement describing the economic
 hardship and a complete description of the manufacturer's good faith effort
 to comply with each motor vehicle safety standard prescribed under this
 chapter from which the manufacturer is requesting an exemption. []  (2) if the application is made under subsection (b)(3)(B)(ii)
 of this section, a record of the research, development, and testing
 establishing the innovative nature of the safety feature and a detailed
 analysis establishing that the safety level of the feature at least equals
 the safety level of the standard. []  (3) if the application is made under subsection
 (b)(3)(B)(iii) of this section, a record of the research, development, and
 testing establishing that the motor vehicle is a low-emission motor vehicle
 and that the safety level of the vehicle is not lowered unreasonably by
 exemption from the standard. []  (4) if the application is made under subsection (b)(3)(B)(iv)
 of this section, a detailed analysis showing how the vehicle provides an
 overall safety level at least equal to the overall safety level of nonexempt
 vehicles. []  (d) ELIGIBILITY- A manufacturer is eligible for an exemption
 under subsection (b)(3)(B)(i) of this section only if the Secretary
 determines that the manufacturer's total motor vehicle production in the
 most recent year of production is not more than 10,000. A manufacturer is
 eligible for an exemption under subsection (b)(3)(B) (ii), (iii), or (iv)
 of this section only if the Secretary determines the exemption is for not
 more than 2,500 vehicles to be sold in the United States in any 12-month
 period. []  (e) MAXIMUM PERIOD- An exemption or renewal under subsection
 (b)(3)(B)(i) of this section may be granted for not more than 3 years. An
 exemption or renewal under subsection (b)(3)(B) (ii), (iii), or (iv) of
 this section may be granted for not more than 2 years. []  (f) DISCLOSURE- The Secretary may make public, by the 10th
 day after an application is filed, information contained in the application
 or relevant to the application unless the information concerns or is related
 to a trade secret or other confidential information not relevant to the
 application. []  (g) NOTICE OF DECISION- The Secretary shall publish in the
 Federal Register a notice of each decision granting an exemption under this
 section and the reasons for granting it. []  (h) PERMANENT LABEL REQUIREMENT- The Secretary shall require
 a permanent label to be fixed to a motor vehicle granted an exemption under
 this section. The label shall either name or describe each motor vehicle
 safety standard prescribed under this chapter from which the vehicle is
 exempt. The Secretary may require that written notice of an exemption be
 delivered by appropriate means to the dealer and the first purchaser of
 the vehicle other than for resale. [] Sec. 30114. Special exemptions []  The Secretary of Transportation may exempt a motor vehicle
 or item of motor vehicle equipment from section 30112(a) of this title on
 terms the Secretary decides are necessary for research, investigations,
 demonstrations, training, or competitive racing events. [] Sec. 30115. Certification of compliance []  A manufacturer or distributor of a motor vehicle or motor
 vehicle equipment shall certify to the distributor or dealer at delivery
 that the vehicle or equipment complies with applicable motor vehicle
 safety standards prescribed under this chapter. A person may not issue the
 certificate if, in exercising reasonable care, the person has reason to know
 the certificate is false or misleading in a material respect. Certification
 of a vehicle must be shown by a label or tag permanently fixed to the
 vehicle. Certification of equipment may be shown by a label or tag on the
 equipment or on the outside of the container in which the equipment is
 delivered. [] Sec. 30116. Defects and noncompliance found before sale to
 purchaser []  (a) ACTIONS REQUIRED OF MANUFACTURERS AND DISTRIBUTORS- If,
 after a manufacturer or distributor sells a motor vehicle or motor vehicle
 equipment to a distributor or dealer and before the distributor or dealer
 sells the vehicle or equipment, it is decided that the vehicle or equipment
 contains a defect related to motor vehicle safety or does not comply with
 applicable motor vehicle safety standards prescribed under this chapter--
 []  (1) the manufacturer or distributor immediately shall
 repurchase the vehicle or equipment at the price paid by the distributor
 or dealer, plus transportation charges and reasonable reimbursement of
 at least one percent a month of the price paid prorated from the date of
 notice of noncompliance or defect to the date of repurchase; or []  (2) if a vehicle, the manufacturer or distributor immediately
 shall give to the distributor or dealer at the manufacturer's or distributor's
 own expense, the part or equipment needed to make the vehicle comply with
 the standards or correct the defect. []  (b) DISTRIBUTOR OR DEALER INSTALLATION- The distributor
 or dealer shall install the part or equipment referred to in subsection
 (a)(2) of this section. If the distributor or dealer installs the part or
 equipment with reasonable diligence after it is received, the manufacturer
 shall reimburse the distributor or dealer for the reasonable value of the
 installation and a reasonable reimbursement of at least one percent a month
 of the manufacturer's or distributor's selling price prorated from the
 date of notice of noncompliance or defect to the date the motor vehicle
 complies with applicable motor vehicle safety standards prescribed under
 this chapter or the defect is corrected. []  (c) ESTABLISHING AMOUNT DUE AND CIVIL ACTIONS- The parties
 shall establish the value of installation and the amount of reimbursement
 under this section. If the parties do not agree, or if a manufacturer or
 distributor refuses to comply with subsection (a) or (b) of this section,
 the distributor or dealer purchasing the motor vehicle or motor vehicle
 equipment may bring a civil action. The action may be brought in the United
 States district court for the judicial district in which the manufacturer
 or distributor resides, is found, or has an agent, to recover damages,
 court costs, and a reasonable attorney's fee. An action under this section
 must be brought not later than 3 years after the claim accrues. [] Sec. 30117. Providing information to, and maintaining records
 on, purchasers []  (a) PROVIDING INFORMATION AND NOTICE- The Secretary of
 Transportation may require that each manufacturer of a motor vehicle or
 motor vehicle equipment provide technical information related to performance
 and safety required to carry out this chapter. The Secretary may require
 the manufacturer to give the following notice of that information when the
 Secretary decides it is necessary: []  (1) to each prospective purchaser of a vehicle or equipment
 before the first sale other than for resale at each location at which
 the vehicle or equipment is offered for sale by a person having a legal
 relationship with the manufacturer, in a way the Secretary decides is
 appropriate. []  (2) to the first purchaser of a vehicle or equipment other
 than for resale when the vehicle or equipment is bought, in printed matter
 placed in the vehicle or attached to or accompanying the equipment. []  (b) MAINTAINING PURCHASER RECORDS AND PROCEDURES- (1)
 A manufacturer of a motor vehicle or tire (except a retreaded tire) shall
 maintain a record of the name and address of the first purchaser of each
 vehicle or tire it produces and, to the extent prescribed by regulations of
 the Secretary, shall maintain a record of the name and address of the first
 purchaser of replacement equipment (except a tire) that the manufacturer
 produces. The Secretary may prescribe by regulation the records to be
 maintained and reasonable procedures for maintaining the records under
 this subsection, including procedures to be followed by distributors and
 dealers to assist the manufacturer. A procedure shall be reasonable for the
 type of vehicle or tire involved, and shall provide reasonable assurance
 that a customer list of a distributor or dealer, or similar information,
 will be made available to a person (except the distributor or dealer)
 only when necessary to carry out this subsection and sections 30118-30121,
 30166(f), and 30167 (a) and (b) of this title. Availability of assistance
 from a distributor or dealer does not affect an obligation of a manufacturer
 under this subsection. []  (2)(A) Except as provided in paragraph (3) of this subsection,
 the Secretary may require a distributor or dealer to maintain a record under
 paragraph (1) of this subsection only if the business of the distributor
 or dealer is owned or controlled by a manufacturer of tires. []  (B) The Secretary shall require each distributor and dealer
 whose business is not owned or controlled by a manufacturer of tires to give
 a registration form (containing the tire identification number) to the first
 purchaser of a tire. The Secretary shall prescribe the form, which shall be
 standardized for all tires and designed to allow the purchaser to complete
 and return it directly to the manufacturer of the tire. The manufacturer shall
 give sufficient copies of forms to distributors and dealers. []  (3)(A) The Secretary shall evaluate from time to time how
 successful the procedures in paragraph (2) of this subsection have been
 in helping to maintain records about first purchasers of tires. After each
 evaluation, the Secretary shall decide-- []  (i) the extent to which distributors and dealers have
 complied with the procedures; []  (ii) the extent to which distributors and dealers have
 encouraged first purchasers of tires to register the tires; and []  (iii) whether to prescribe for manufacturers, distributors,
 or dealers other requirements that the Secretary decides will increase
 significantly the percentage of first purchasers of tires about whom records
 are maintained. []  (B) The Secretary may prescribe a requirement under
 subparagraph (A) of this paragraph only if the Secretary decides it is
 necessary to reduce the risk to motor vehicle safety, after considering--
 []  (i) the cost of the requirement to manufacturers and the
 burden of the requirement on distributors and dealers, compared to the
 increase in the percentage of first purchasers of tires about whom records
 would be maintained as a result of the requirement; []  (ii) the extent to which distributors and dealers have
 complied with the procedures in paragraph (2) of this subsection; and
 []  (iii) the extent to which distributors and dealers have
 encouraged first purchasers of tires to register the tires. []  (C) A manufacturer of tires shall reimburse distributors
 and dealers of that manufacturer's tires for all reasonable costs incurred
 by the distributors and dealers in complying with a requirement prescribed
 by the Secretary under subparagraph (A) of this paragraph. []  (D) After making a decision under subparagraph (A) of this
 paragraph, the Secretary shall submit to each House of Congress a report
 containing a detailed statement of the decision and an explanation of the
 reasons for the decision. [] Sec. 30118. Notification of defects and noncompliance
 []  (a) NOTIFICATION BY SECRETARY- The Secretary of Transportation
 shall notify the manufacturer of a motor vehicle or replacement equipment
 immediately after making an initial decision that the vehicle or equipment
 contains a defect related to motor vehicle safety or does not comply with an
 applicable motor vehicle safety standard prescribed under this chapter. The
 notification shall include the information on which the decision is based. The
 Secretary shall publish a notice of each decision under this subsection in the
 Federal Register. Subject to section 30167(a) of this title, the notification
 and information are available to any interested person. []  (b) DEFECT AND NONCOMPLIANCE PROCEEDINGS AND ORDERS- (1)
 The Secretary may make a final decision that a motor vehicle or replacement
 equipment contains a defect related to motor vehicle safety or does not
 comply with an applicable motor vehicle safety standard prescribed under
 this chapter only after giving the manufacturer an opportunity to present
 information, views, and arguments showing that there is no defect or
 noncompliance or that the defect does not affect motor vehicle safety. Any
 interested person also shall be given an opportunity to present information,
 views, and arguments. []  (2) If the Secretary decides under paragraph (1) of this
 subsection the vehicle or equipment contains the defect or does not comply,
 the Secretary shall order the manufacturer to-- []  (A) give notification under section 30119 of this title
 to the owners, purchasers, and dealers of the vehicle or equipment of the
 defect or noncompliance; and []  (B) remedy the defect or noncompliance under section 30120
 of this title. []  (c) NOTIFICATION BY MANUFACTURER- A manufacturer of a motor
 vehicle or replacement equipment shall notify the Secretary by certified
 mail, and the owners, purchasers, and dealers of the vehicle or equipment
 as provided in section 30119(d) of this section, if the manufacturer--
 []  (1) learns the vehicle or equipment contains a defect and
 decides in good faith that the defect is related to motor vehicle safety;
 or []  (2) decides in good faith that the vehicle or equipment
 does not comply with an applicable motor vehicle safety standard prescribed
 under this chapter. []  (d) EXEMPTIONS- On application of a manufacturer, the
 Secretary shall exempt the manufacturer from this section if the Secretary
 decides a defect or noncompliance is inconsequential to motor vehicle
 safety. The Secretary may take action under this subsection only after
 notice in the Federal Register and an opportunity for any interested person
 to present information, views, and arguments. []  (e) HEARINGS ABOUT MEETING NOTIFICATION REQUIREMENTS-
 On the motion of the Secretary or on petition of any interested person,
 the Secretary may conduct a hearing to decide whether the manufacturer
 has reasonably met the notification requirements under this section. Any
 interested person may make written and oral presentations of information,
 views, and arguments on whether the manufacturer has reasonably met the
 notification requirements. If the Secretary decides that the manufacturer
 has not reasonably met the notification requirements, the Secretary shall
 order the manufacturer to take specified action to meet those requirements
 and may take any other action authorized under this chapter. [] Sec. 30119. Notification procedures []  (a) CONTENTS OF NOTIFICATION- Notification by a manufacturer
 required under section 30118 of this title of a defect or noncompliance
 shall contain-- []  (1) a clear description of the defect or noncompliance;
 []  (2) an evaluation of the risk to motor vehicle safety
 reasonably related to the defect or noncompliance; []  (3) the measures to be taken to obtain a remedy of the
 defect or noncompliance; []  (4) a statement that the manufacturer giving notice will
 remedy the defect or noncompliance without charge under section 30120 of
 this title; []  (5) the earliest date on which the defect or noncompliance
 will be remedied without charge, and for tires, the period during which
 the defect or noncompliance will be remedied without charge under section
 30120 of this title; []  (6) the procedure the recipient of a notice is to follow
 to inform the Secretary of Transportation when a manufacturer, distributor,
 or dealer does not remedy the defect or noncompliance without charge under
 section 30120 of this title; and []  (7) other information the Secretary prescribes by
 regulation. []  (b) EARLIEST REMEDY DATE- The date specified by a manufacturer
 in a notification under subsection (a)(5) of this section or section 30121(c)
 of this title is the earliest date that parts and facilities reasonably
 can be expected to be available to remedy the defect or noncompliance. The
 Secretary may disapprove the date. []  (c) TIME FOR NOTIFICATION- Notification required under section
 30118 of this title shall be given within a reasonable time-- []  (1) prescribed by the Secretary, after the manufacturer
 receives notice of a final decision under section 30118(b) of this title;
 or []  (2) after the manufacturer first decides that a safety-related
 defect or noncompliance exists under section 30118(c) of this title. []  (d) MEANS OF PROVIDING NOTIFICATION- (1) Notification
 required under section 30118 of this title about a motor vehicle shall be
 sent by first class mail-- []  (A) to each person registered under State law as the owner
 and whose name and address are reasonably ascertainable by the manufacturer
 through State records or other available sources; or []  (B) if a registered owner is not notified under clause
 (A) of this paragraph, to the most recent purchaser known to the
 manufacturer. []  (2) Notification required under section 30118 of this title
 about replacement equipment (except a tire) shall be sent by first class
 mail to the most recent purchaser known to the manufacturer. In addition,
 if the Secretary decides that public notice is required for motor vehicle
 safety, public notice shall be given in the way required by the Secretary
 after consulting with the manufacturer. []  (3) Notification required under section 30118 of this title
 about a tire shall be sent by first class mail (or, if the manufacturer
 prefers, by certified mail) to the most recent purchaser known to the
 manufacturer. In addition, if the Secretary decides that public notice
 is required for motor vehicle safety, public notice shall be given in the
 way required by the Secretary after consulting with the manufacturer. In
 deciding whether public notice is required, the Secretary shall consider--
 []  (A) the magnitude of the risk to motor vehicle safety caused
 by the defect or noncompliance; and []  (B) the cost of public notice compared to the additional
 number of owners the notice may reach. []  (4) A dealer to whom a motor vehicle or replacement
 equipment was delivered shall be notified by certified mail or quicker
 means if available. [] Sec. 30120. Remedies for defects and noncompliance []  (a) WAYS TO REMEDY- (1) Subject to subsections (f) and
 (g) of this section, when notification of a defect or noncompliance is
 required under section 30118 (b) or (c) of this title, the manufacturer
 of the defective or noncomplying motor vehicle or replacement equipment
 shall remedy the defect or noncompliance without charge when the vehicle
 or equipment is presented for remedy. Subject to subsections (b) and (c)
 of this section, the manufacturer shall remedy the defect or noncompliance
 in any of the following ways the manufacturer chooses: []  (A) if a vehicle-- []  (i) by repairing the vehicle; []  (ii) by replacing the vehicle with an identical or reasonably
 equivalent vehicle; or []  (iii) by refunding the purchase price, less a reasonable
 allowance for depreciation. []  (B) if replacement equipment, by repairing the equipment
 or replacing the equipment with identical or reasonably equivalent
 equipment. []  (2) The Secretary of Transportation may prescribe regulations
 to allow the manufacturer to impose conditions on the replacement of a
 motor vehicle or refund of its price. []  (b) TIRE REMEDIES- (1) A manufacturer of a tire, including
 an original equipment tire, shall remedy a defective or noncomplying tire
 if the owner or purchaser presents the tire for remedy not later than 60
 days after the later of-- []  (A) the day the owner or purchaser receives notification
 under section 30119 of this title; or []  (B) if the manufacturer decides to replace the tire, the
 day the owner or purchaser receives notification that a replacement is
 available. []  (2) If the manufacturer decides to replace the tire and
 the replacement is not available during the 60-day period, the owner or
 purchaser must present the tire for remedy during a subsequent 60-day period
 only after receiving notification of availability during the subsequent
 period. If tires are available during the subsequent period, only a tire
 presented for remedy during that period must be remedied. []  (c) ADEQUACY OF REPAIRS- (1) If a manufacturer decides to
 repair a motor vehicle or replacement equipment and the repair is not done
 adequately within a reasonable time, the manufacturer shall-- []  (A) replace the vehicle or equipment with an identical or
 reasonably equivalent vehicle or equipment; or []  (B) for a vehicle, refund the purchase price, less a
 reasonable allowance for depreciation. []  (2) Failure to repair a motor vehicle or replacement
 equipment adequately not later than 60 days after its presentation is prima
 facie evidence of failure to repair within a reasonable time. However,
 the Secretary may extend, by order,  the 60-day period if good cause for
 an extension is shown and the reason is published in the Federal Register
 before the period ends. Presentation of a vehicle or equipment for repair
 before the date specified by a manufacturer in a notice under section
 30119(a)(5) or 30121(c) of this title is not a presentation under this
 subsection. []  (d) FILING MANUFACTURER'S REMEDY PROGRAM- A manufacturer
 shall file with the Secretary a copy of the manufacturer's program under
 this section for remedying a defect or noncompliance. The Secretary shall
 make the program available to the public and publish a notice of availability
 in the Federal Register. []  (e) HEARINGS ABOUT MEETING REMEDY REQUIREMENTS- On the
 motion of the Secretary or on application by any interested person, the
 Secretary may conduct a hearing to decide whether the manufacturer has
 reasonably met the remedy requirements under this section. Any interested
 person may make written and oral presentations of information, views,
 and arguments on whether the manufacturer has reasonably met the remedy
 requirements. If the Secretary decides a manufacturer has not reasonably
 met the remedy requirements, the Secretary shall order the manufacturer
 to take specified action to meet those requirements and may take any other
 action authorized under this chapter. []  (f) FAIR REIMBURSEMENT TO DEALERS- A manufacturer shall pay
 fair reimbursement to a dealer providing a remedy without charge under this
 section. []  (g) NONAPPLICATION- (1) The requirement that a remedy be
 provided without charge does not apply if the motor vehicle or replacement
 equipment was bought by the first purchaser more than 8 calendar years,
 or the tire, including an original equipment tire, was bought by the first
 purchaser more than 3 calendar years, before notice is given under section
 30118(c) of this title or an order is issued under section 30118(b) of this
 title, whichever is earlier. []  (2) This section does not apply during any period in
 which enforcement of an order under section 30118(b) of this title is
 restrained or is set aside in a civil action under section 30121(d) of this
 title. []  (h) EXEMPTIONS- On application of a manufacturer, the
 Secretary shall exempt the manufacturer from this section if the Secretary
 decides a defect or noncompliance is inconsequential to motor vehicle
 safety. The Secretary may take action under this subsection only after
 notice in the Federal Register and an opportunity for any interested person
 to present information, views, and arguments. [] Sec. 30121. Provisional notification and civil actions to
 enforce []  (a) PROVISIONAL NOTIFICATION- (1) The Secretary of
 Transportation may order a manufacturer to issue a provisional notification
 if a civil action about an order issued under section 30118(b) of this
 title has been brought under section 30163 of this title. The provisional
 notification shall contain-- []  (A) a statement that the Secretary has decided that a defect
 related to motor vehicle safety or noncompliance with a motor vehicle safety
 standard prescribed under this chapter exists and that the manufacturer is
 contesting the decision in a civil action in a United States district court;
 []  (B) a clear description of the Secretary's stated basis
 for the decision; []  (C) the Secretary's evaluation of the risk to motor vehicle
 safety reasonably related to the defect or noncompliance; []  (D) measures the Secretary considers necessary to avoid
 an unreasonable risk to motor vehicle safety resulting from the defect or
 noncompliance; []  (E) a statement that the manufacturer will remedy the
 defect or noncompliance without charge under section 30120 of this title,
 but that the requirement to remedy without charge is conditioned on the
 outcome of the civil action; and []  (F) other information the Secretary prescribes by regulation
 or includes in the order requiring the notice. []  (2) A notification under this subsection does not relieve a
 manufacturer of liability for not giving notification required by an order
 under section 30118(b) of this title. []  (b) CIVIL ACTIONS FOR NOT NOTIFYING- (1) A manufacturer
 that does not notify owners and purchasers under section 30119 (c) and (d)
 of this title is liable to the United States Government for a civil penalty,
 unless the manufacturer prevails in a civil action referred to in subsection
 (a) of this section or the court in that action enjoins enforcement of
 the order. Enforcement may be enjoined only if the court decides that the
 failure to notify is reasonable and that the manufacturer has demonstrated
 the likelihood of prevailing on the merits. If enforcement is enjoined, the
 manufacturer is not liable during the time the order is stayed. []  (2) A manufacturer that does not notify owners and purchasers
 as required under subsection (a) of this section is liable for a civil penalty
 regardless of whether the manufacturer prevails in an action on the validity
 of the order issued under section 30118(b) of this title. []  (c) ORDERS TO MANUFACTURERS- If the Secretary prevails in
 a civil action referred to in subsection (a) of this section, the Secretary
 shall order the manufacturer-- []  (1) to notify each owner, purchaser, and dealer described
 in section 30119(d) of this title of the outcome of the action and other
 information the Secretary requires, and notification under this clause may
 be combined with notification required under section 30118(b) of this title;
 []  (2) to specify the earliest date under section 30119(b)
 of this title on which the defect or noncompliance will be remedied without
 charge under section 30120 of this title; and []  (3) if notification was required under subsection (a)
 of this section, to reimburse an owner or purchaser for reasonable and
 necessary expenses (in an amount that is not more than the amount specified
 in the order of the Secretary under subsection (a)) incurred for repairing
 the defect or noncompliance during the period beginning on the date that
 notification was required to be issued and ending on the date the owner or
 purchaser receives the notification under this subsection. []  (d) VENUE- Notwithstanding section 30163(c) of this title,
 a civil action about an order issued under section 30118(b) of this title
 must be brought in the United States district court for a judicial district
 in the State in which the manufacturer is incorporated or the District of
 Columbia. On motion of a party, the court may transfer the action to another
 district court if good cause is shown. All actions related to the same order
 under section 30118(b) of this title shall be consolidated in an action
 in one judicial district under an order of the court in which the first
 action was brought. If the first action is transferred to another court,
 that court shall issue the consolidation order. [] Sec. 30122. Making safety devices and elements inoperative
 []  (a) DEFINITION- In this section, `motor vehicle repair
 business' means a person holding itself out to the public to repair for
 compensation a motor vehicle or motor vehicle equipment. []  (b) PROHIBITION- A manufacturer, distributor, dealer,
 or motor vehicle repair business may not knowingly make inoperative any
 part of a device or element of design installed on or in a motor vehicle or
 motor vehicle equipment in compliance with an applicable motor vehicle safety
 standard prescribed under this chapter unless the manufacturer, distributor,
 dealer, or repair business reasonably believes the vehicle or equipment will
 not be used (except for testing or a similar purpose during maintenance or
 repair) when the device or element is inoperative. []  (c) REGULATIONS- The Secretary of Transportation may
 prescribe regulations-- []  (1) to exempt a person from this section if the Secretary
 decides the exemption is consistent with motor vehicle safety and section
 30101 of this title; and []  (2) to define `make inoperative'. []  (d) NONAPPLICATION- This section does not apply to a safety
 belt interlock or buzzer designed to indicate a safety belt is not in use
 as described in section 30124 of this title. [] Sec. 30123. Tires []  (a) LABELING REQUIREMENT- The Secretary of Transportation
 shall require that a pneumatic tire subject to a motor vehicle safety standard
 prescribed under this chapter be labeled permanently and conspicuously with
 safety information the Secretary decides is necessary to carry out section
 30101 of this title. []  (b) CONTENTS OF LABEL- Labeling required on a tire under
 subsection (a) of this section shall include-- []  (1)(A) identification of the manufacturer; []  (B) for a retreaded tire, identification of the retreader;
 or []  (C) for a tire containing a brand name (except the name of
 the manufacturer), a code mark allowing a seller to identify the manufacturer
 to the purchaser; []  (2) the composition of material used in the ply of the tire;
 []  (3) the number of plies in the tire; []  (4) the maximum allowable load for the tire; and []  (5)(A) a statement that the tire complies with minimum safe
 performance standards prescribed under this chapter; or []  (B) a mark or symbol the Secretary prescribes for use by
 a manufacturer or retreader complying with those standards. []  (c) ADDITIONAL INFORMATION- The Secretary may require that
 additional safety information be disclosed to a purchaser when a tire is
 sold. []  (d) REGROOVED TIRE LIMITATIONS- (1) In this subsection,
 `regrooved tire' means a tire with a new tread produced by cutting into
 the tread of a worn tire. []  (2) The Secretary may authorize the sale, offer for sale,
 introduction for sale, or delivery for introduction in interstate commerce,
 of a regrooved tire or a motor vehicle equipped with regrooved tires if
 the Secretary decides the tires are designed and made in a way consistent
 with section 30101 of this title. A person may not sell, offer for sale,
 introduce for sale, or deliver for introduction in interstate commerce, a
 regrooved tire or a vehicle equipped with regrooved tires unless authorized
 by the Secretary. []  (e) UNIFORM QUALITY GRADING SYSTEM, NOMENCLATURE, AND
 MARKETING PRACTICES- The Secretary shall prescribe through standards a
 uniform quality grading system for motor vehicle tires to help consumers
 make an informed choice when purchasing tires. The Secretary also shall
 cooperate with industry and the Federal Trade Commission to the greatest
 extent practicable to eliminate deceptive and confusing tire nomenclature
 and marketing practices. A tire standard or regulation prescribed under
 this chapter supersedes an order or administrative interpretation of the
 Commission. []  (f) MAXIMUM LOAD STANDARDS- The Secretary shall require a
 motor vehicle to be equipped with tires that meet maximum load standards
 when the vehicle is loaded with a reasonable amount of luggage and the
 total number of passengers the vehicle is designed to carry. The vehicle
 shall be equipped with those tires by the manufacturer or by the first
 purchaser when the vehicle is first bought in good faith other than for
 resale. [] Sec. 30124. Occupant restraint systems []  A motor vehicle safety standard prescribed under this chapter
 may not require or allow a manufacturer to comply with the standard by using
 a safety belt interlock designed to prevent starting or operating a motor
 vehicle if an occupant is not using a safety belt or a buzzer designed to
 indicate a safety belt is not in use, except a buzzer that operates only
 during the 8-second period after the ignition is turned to the `start' or
 `on' position. [] Sec. 30125. Schoolbuses and schoolbus equipment []  (a) DEFINITIONS- In this section-- []  (1) `schoolbus' means a passenger motor vehicle designed
 to carry a driver and more than 10 passengers, that the Secretary of
 Transportation decides is likely to be used significantly to transport
 preprimary, primary, and secondary school students to or from school or an
 event related to school. []  (2) `schoolbus equipment' means equipment designed primarily
 for a schoolbus or manufactured or sold to replace or improve a system,
 part, or component of a schoolbus or as an accessory or addition to a
 schoolbus. []  (b) STANDARDS- The Secretary shall prescribe motor vehicle
 safety standards for schoolbuses and schoolbus equipment manufactured
 in, or imported into, the United States. Standards shall include minimum
 performance requirements for-- []  (1) emergency exits; []  (2) interior protection for occupants; []  (3) floor strength; []  (4) seating systems; []  (5) crashworthiness of body and frame (including protection
 against rollover hazards); []  (6) vehicle operating systems; []  (7) windows and windshields; and []  (8) fuel systems. []  (c) TEST DRIVING BY MANUFACTURERS- The Secretary may
 require by regulation a schoolbus to be test-driven by a manufacturer before
 introduction in commerce. [] Sec. 30126. Used motor vehicles []  To ensure a continuing and effective national safety
 program, it is the policy of the United States Government to encourage
 and strengthen State inspection of used motor vehicles. Therefore, the
 Secretary of Transportation shall prescribe uniform motor vehicle safety
 standards for all used motor vehicles. The standards shall be stated in
 terms of motor vehicle safety performance. [] SUBCHAPTER III--IMPORTING NONCOMPLYING MOTOR VEHICLES AND
 EQUIPMENT [] Sec. 30141. Importing motor vehicles capable of complying
 with standards []  (a) GENERAL- Section 30112(a) of this title does not apply
 to a motor vehicle if-- []  (1) on the initiative of the Secretary of Transportation
 or on petition of a manufacturer or importer registered under subsection
 (c) of this section, the Secretary decides-- []  (A) the vehicle is-- []  (i) substantially similar to a motor vehicle originally
 manufactured for import into and sale in the United States; []  (ii) certified under section 30115 of this title;
 []  (iii) the same model year (as defined under regulations of
 the Secretary of Transportation) as the model of the motor vehicle it is
 being compared to; and []  (iv) capable of being readily altered to comply with
 applicable motor vehicle safety standards prescribed under this chapter;
 or []  (B) if there is no substantially similar United States
 motor vehicle, the safety features of the vehicle comply with or are capable
 of being altered to comply with those standards based on destructive test
 information or other evidence the Secretary of Transportation decides is
 adequate; []  (2) the vehicle is imported by a registered importer; and
 []  (3) the registered importer pays the annual fee the Secretary
 of Transportation establishes under subsection (e) of this section to
 pay for the costs of carrying out the registration program for importers
 under subsection (c) of this section and any other fees the Secretary of
 Transportation establishes to pay for the costs of-- []  (A) processing bonds provided to the Secretary of the
 Treasury under subsection (d) of this section; and []  (B) making the decisions under this subchapter. []  (b) PROCEDURES ON DECIDING ON MOTOR VEHICLE CAPABILITY- (1)
 The Secretary of Transportation shall establish by regulation procedures for
 making a decision under subsection (a)(1) of this section and the information
 a petitioner must provide to show clearly that the motor vehicle is capable
 of being brought into compliance with applicable motor vehicle safety
 standards prescribed under this chapter. In establishing the procedures,
 the Secretary shall provide for a minimum period of public notice and written
 comment consistent with ensuring expeditious, but complete, consideration and
 avoiding delay by any person. In making a decision under those procedures,
 the Secretary shall consider test information and other information available
 to the Secretary, including any information provided by the manufacturer. If
 the Secretary makes a negative decision, the Secretary may not make another
 decision for the same model until at least 3 calendar months have elapsed
 after the negative decision. []  (2) The Secretary of Transportation shall publish each
 year in the Federal Register a list of all decisions made under subsection
 (a)(1) of this section. Each published decision applies to the model of the
 motor vehicle for which the decision was made. A positive decision permits
 another importer registered under subsection (c) of this section to import
 a vehicle of the same model under this section if the importer complies
 with all the terms of the decision. []  (c) REGISTRATION- (1) The Secretary of Transportation shall
 establish procedures for registering a person who complies with requirements
 prescribed by the Secretary by regulation, including-- []  (A) recordkeeping requirements; []  (B) inspection of records and facilities related to motor
 vehicles the person has imported, altered, or both; and []  (C) requirements that ensure that the importer (or a
 successor in interest) will be able technically and financially to carry
 out responsibilities under sections 30117(b), 30118-30121, and 30166(f)
 of this title. []  (2) The Secretary of Transportation shall deny registration
 to a person whose registration is revoked under paragraph (4) of this
 subsection. []  (3) The Secretary of Transportation may deny registration to
 a person that is or was owned or controlled by, or under common ownership
 or control with, a person whose registration was revoked under paragraph
 (4) of this subsection. []  (4) The Secretary of Transportation shall establish procedures
 for-- []  (A) revoking or suspending a registration issued under
 paragraph (1) of this subsection for not complying with a requirement of
 this subchapter or section 30112, 30115, 30117-30122, 30125(c), or 30166 of
 this title or regulations prescribed under this subchapter or those sections;
 []  (B) automatically suspending a registration for not paying
 a fee under subsection (a)(3) of this section in a timely manner or for
 knowingly filing a false or misleading certification under section 30146
 of this title; and []  (C) reinstating suspended registrations. []  (d) BONDS- (1) A person importing a motor vehicle under this
 section shall provide a bond to the Secretary of the Treasury (acting for
 the Secretary of Transportation) and comply with the terms the Secretary
 of Transportation decides are appropriate to ensure that the vehicle--
 []  (A) will comply with applicable motor vehicle safety standards
 prescribed under this chapter within a reasonable time (specified by the
 Secretary of Transportation) after the vehicle is imported; or []  (B) will be exported (at no cost to the United States
 Government) by the Secretary of the Treasury or abandoned to the
 Government. []  (2) The amount of the bond provided under this subsection
 shall be at least equal to the dutiable value of the motor vehicle (as
 determined by the Secretary of the Treasury) but not more than 150 percent
 of that value. []  (e) FEE REVIEW, ADJUSTMENT, AND USE- The Secretary of
 Transportation shall review and make appropriate adjustments at least every
 2 years in the amounts of the fees required to be paid under subsection
 (a)(3) of this section. The Secretary of Transportation shall establish
 the fees for each fiscal year before the beginning of that year. All fees
 collected remain available until expended without fiscal year limit to the
 extent provided in advance by appropriation laws. The amounts are only for
 use by the Secretary of Transportation-- []  (1) in carrying out this section and sections 30146(a)-(c)(1),
 (d), and (e) and 30147(b) of this title; and []  (2) in advancing to the Secretary of the Treasury amounts
 for costs incurred under this section and section 30146 of this title to
 reimburse the Secretary of the Treasury for those costs. [] Sec. 30142. Importing motor vehicles for personal use
 []  (a) GENERAL- Section 30112(a) of this title does not apply
 to an imported motor vehicle if-- []  (1) the vehicle is imported for personal use, and not for
 resale, by an individual (except an individual described in sections 30143
 and 30144 of this title); []  (2) the vehicle is imported after the effective date that
 regulations are first prescribed under section 2(e)(1)(B) of the Imported
 Vehicle Safety Compliance Act of 1988; and []  (3) the individual takes the actions required under subsection
 (b) of this section to receive an exemption. []  (b) EXEMPTIONS- (1) To receive an exemption under subsection
 (a) of this section, an individual must-- []  (A) provide the Secretary of the Treasury (acting for the
 Secretary of Transportation) with-- []  (i) an appropriate bond in an amount determined under
 section 30141(d) of this title; []  (ii) a copy of an agreement with an importer registered
 under section 30141(c) of this title for bringing the motor vehicle into
 compliance with applicable motor vehicle safety standards prescribed under
 this chapter; and []  (iii) a certification that the vehicle meets the requirement
 of section 30141(a)(1)(A) or (B) of this title; and []  (B) comply with appropriate terms the Secretary of
 Transportation imposes to ensure that the vehicle-- []  (i) will be brought into compliance with those standards
 within a reasonable time (specified by the Secretary of Transportation)
 after the vehicle is imported; or []  (ii) will be exported (at no cost to the United States
 Government) by the Secretary of the Treasury or abandoned to the
 Government. []  (2) For good cause shown, the Secretary of Transportation
 may allow an individual additional time, but not more than 30 days after
 the day on which the motor vehicle is offered for import, to comply with
 paragraph (1)(A)(ii) of this subsection. [] Sec. 30143. Motor vehicles imported by individuals employed
 outside the United States []  (a) DEFINITION- In this section, `assigned place of
 employment' means-- []  (1) the principal location at which an individual is
 permanently or indefinitely assigned to work; and []  (2) for a member of the uniformed services, the individual's
 permanent duty station. []  (b) GENERAL- Section 30112(a) of this title does not apply
 to a motor vehicle imported for personal use, and not for resale, by an
 individual-- []  (1) whose assigned place of employment was outside the
 United States as of October 31, 1988, and who has not had an assigned
 place of employment in the United States from that date through the date
 the vehicle is imported into the United States; []  (2) who previously had not imported a motor vehicle into
 the United States under this section or section 108(g)(2) of the National
 Traffic and Motor Vehicle Safety Act of 1966 or, before October 31, 1988,
 under section 108(b)(3) of the Act; []  (3) who acquired, or made a binding contract to acquire,
 the vehicle before October 31, 1988; []  (4) who imports the vehicle into the United States not
 later than October 31, 1992; and []  (5) who satisfies section 108(b)(3) of the Act as in effect
 on October 30, 1988. []  (c) CERTIFICATION- Subsection (b) of this section is carried
 out by certification in the form the Secretary of Transportation or the
 Secretary of the Treasury may prescribe. [] Sec. 30144. Importing motor vehicles on a temporary basis
 []  (a) GENERAL- Section 30112(a) of this title does not apply
 to a motor vehicle imported on a temporary basis for personal use by an
 individual who is a member of-- []  (1)(A) the personnel of the government of a foreign country
 on assignment in the United States or a member of the Secretariat of a public
 international organization designated under the International Organization
 Immunities Act (22 U.S.C. 288 et seq.); and []  (B) the class of individuals for whom the Secretary of
 State has authorized free importation of motor vehicles; or []  (2) the armed forces of a foreign country on assignment in
 the United States. []  (b) VERIFICATION- The Secretary of Transportation or the
 Secretary of the Treasury may require verification, that the Secretary of
 Transportation considers appropriate, that an individual is a member described
 under subsection (a) of this section. The Secretary of Transportation shall
 ensure that a motor vehicle imported under this section will be exported
 (at no cost to the United States Government) or abandoned to the Government
 when the individual no longer-- []  (1) resides in the United States; and []  (2) is a member described under subsection (a) of this
 section. []  (c) SALE IN THE UNITED STATES- A motor vehicle imported
 under this section may not be sold when in the United States. [] Sec. 30145. Importing motor vehicles or equipment requiring
 further manufacturing []  Section 30112(a) of this title does not apply to a
 motor vehicle or motor vehicle equipment if the vehicle or equipment--
 []  (1) requires further manufacturing to perform its intended
 function as decided under regulations prescribed by the Secretary of
 Transportation; and []  (2) is accompanied at the time of importation by a written
 statement issued by the manufacturer indicating the applicable motor
 vehicle safety standard prescribed under this chapter with which it does
 not comply. [] Sec. 30146. Release of motor vehicles and bonds []  (a) COMPLIANCE CERTIFICATION AND BOND- (1) Except as provided
 in subsections (c) and (d) of this section, an importer registered under
 section 30141(c) of this title may license or register an imported motor
 vehicle for use on public streets, roads, or highways, or release custody of a
 motor vehicle imported by the registered importer or imported by an individual
 under section 30142 of this title and altered by the registered importer to
 meet applicable motor vehicle safety standards prescribed under this chapter
 to a person for license or registration for use on public streets, roads,
 or highways, only after 30 days after the registered importer certifies
 to the Secretary of Transportation, in the way the Secretary prescribes,
 that the motor vehicle complies with each standard prescribed in the year
 the vehicle was manufactured. A vehicle may not be released if the Secretary
 gives written notice before the end of the 30-day period that the Secretary
 will inspect the vehicle under subsection (c) of this section. []  (2) The Secretaries of Transportation and the Treasury
 shall prescribe regulations-- []  (A) ensuring the release of a motor vehicle and bond required
 under section 30141(d) of this title at the end of the 30-day period,
 unless the Secretary of Transportation issues a notice of an inspection
 under subsection (c) of this section; and []  (B) providing that the Secretary of Transportation shall
 release the vehicle and bond promptly after an inspection under subsection
 (c) of this section showing compliance with the standards applicable to
 the vehicle. []  (3) Each registered importer shall include on each motor
 vehicle released under this subsection a label prescribed by the Secretary
 of Transportation identifying the importer and stating that the vehicle
 has been altered by the importer to comply with the standards applicable
 to the vehicle. []  (b) RELIANCE ON MANUFACTURER'S CERTIFICATION- In making
 a certification under subsection (a)(1) of this section, the registered
 importer may rely on the manufacturer's certification for the model to
 which the motor vehicle involved is substantially similar if the importer
 certifies that any alteration made by the importer did not affect the
 compliance of the safety features of the vehicle and the importer keeps
 records verifying the certification for the period the Secretary of
 Transportation prescribes. []  (c) EVIDENCE OF COMPLIANCE- (1) The Secretary of
 Transportation may require that the certification under subsection (a)(1)
 of this section be accompanied by evidence of compliance the Secretary
 considers appropriate or may inspect the certified motor vehicle, or
 both. If the Secretary gives notice of an inspection, an importer may
 release the vehicle only after an inspection showing the motor vehicle
 complies with applicable vehicle safety standards prescribed under this
 chapter for which the inspection was made and release of the vehicle by
 the Secretary. []  (2)  The Secretary of Transportation shall inspect
 periodically a representative number of motor vehicles for which
 certifications have been filed under subsection (a)(1) of this section. In
 carrying out a motor vehicle testing program under this chapter, the
 Secretary shall include a representative number of motor vehicles for which
 certifications have been filed under subsection (a)(1). []  (d) CHALLENGING THE CERTIFICATION- A motor vehicle or bond
 may not be released under subsection (a) of this section if the Secretary
 of Transportation, not later than 30 days after receiving a certification
 under subsection (a)(1) of this section, gives written notice that the
 Secretary believes or has reason to believe that the certification is false
 or contains a mispresentation. The vehicle and bond may be released only
 after the Secretary is satisfied with the certification and any modification
 of the certification. []  (e) BOND RELEASE- A release of a bond required under
 section 30141(d) of this title is deemed an acceptance of a certification or
 completion of an inspection under this section but is not a decision by the
 Secretary of Transportation under section 30118(a) or (b) of this title of
 compliance with applicable motor vehicle safety standards prescribed under
 this chapter. [] Sec. 30147. Responsibility for defects and noncompliance
 []  (a) DEEMING DEFECT OR NONCOMPLIANCE TO CERTAIN VEHICLES AND
 IMPORTER AS MANUFACTURER- (1) In carrying out sections 30117(b), 30118-30121,
 and 30166(f) of this title-- []  (A) for a defect or noncompliance with an applicable motor
 vehicle safety standard prescribed under this chapter for a motor vehicle
 originally manufactured for import into the United States, an imported motor
 vehicle having a valid certification under section 30146(a)(1) of this title
 and decided to be substantially similar to that motor vehicle shall be deemed
 as having the same defect or as not complying with the same standard unless
 the manufacturer or importer registered under section 30141(c) of this title
 demonstrates otherwise to the Secretary of Transportation; and []  (B) the registered importer shall be deemed to be the
 manufacturer of any motor vehicle that the importer imports or brings into
 compliance with the standards for an individual under section 30142 of this
 title. []  (2) The Secretary shall publish in the Federal Register
 notice of any defect or noncompliance under paragraph (1)(A) of this
 subsection. []  (b) FINANCIAL RESPONSIBILITY REQUIREMENT- The Secretary shall
 require by regulation each registered importer (including any successor in
 interest) to provide and maintain evidence, satisfactory to the Secretary,
 of sufficient financial responsibility to meet its obligations under sections
 30117(b), 30118-30121, and 30166(f) of this title. [] SUBCHAPTER IV--ENFORCEMENT AND ADMINISTRATIVE [] Sec. 30161. Judicial review of standards []  (a) FILING AND VENUE- A person adversely affected by
 an order prescribing a motor vehicle safety standard under this chapter
 may apply for review of the order by filing a petition for review 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 59 days after the order is issued. []  (b) NOTIFYING SECRETARY- The clerk of the court shall send
 immediately a copy of the petition to the Secretary of Transportation. The
 Secretary shall file with the court a record of the proceeding in which
 the order was prescribed. []  (c) ADDITIONAL PROCEEDINGS- (1) On request of the petitioner,
 the court may order the Secretary to receive additional evidence and
 evidence in rebuttal if the court is satisfied that the additional evidence
 is material and there were reasonable grounds for not presenting the evidence
 in the proceeding before the Secretary. []  (2) The Secretary may modify findings of fact or make new
 findings because of the additional evidence presented. The Secretary shall
 file a modified or new finding, a recommendation to modify or set aside
 the order, and the additional evidence with the court. []  (d) CERTIFIED COPIES OF RECORDS OF PROCEEDINGS- The Secretary
 shall give any interested person a certified copy of the transcript of
 the record in a proceeding under this section on request and payment of
 costs. A certified copy of the record of the proceeding is admissible in a
 proceeding arising out of a matter under this chapter, regardless of whether
 the proceeding under this section has begun or becomes final. []  (e) FINALITY OF JUDGMENT AND SUPREME COURT REVIEW- A
 judgment of a court under this section is final and may be reviewed only
 by the Supreme Court under section 1254 of title 28. [] Sec. 30162. Petitions by interested persons for standards
 and enforcement []  (a) FILING- Any interested person may file a petition with the
 Secretary of Transportation requesting the Secretary to begin a proceeding--
 []  (1) to prescribe a motor vehicle safety standard under this
 chapter; or []  (2) to decide whether to issue an order under section 30118(b)
 of this title. []  (b) STATEMENT OF FACTS- The petition must state facts that
 the person claims establish that a motor vehicle safety standard or order
 referred to in subsection (a) of this section is necessary and briefly
 describe the order the Secretary should issue. []  (c) PROCEEDINGS- The Secretary may hold a public hearing
 or conduct an investigation or proceeding to decide whether to grant the
 petition. []  (d) ACTIONS OF SECRETARY- The Secretary shall grant or
 deny a petition not later than 120 days after the petition is filed. If a
 petition is granted, the Secretary shall begin the proceeding promptly. If
 a petition is denied, the Secretary shall publish the reasons for the denial
 in the Federal Register. [] Sec. 30163. Actions by the Attorney General []  (a) CIVIL ACTIONS TO ENFORCE- The Attorney General may
 bring a civil action to enjoin-- []  (1) a violation of this chapter or a regulation prescribed
 or order issued under this chapter; and []  (2) the sale, offer for sale, or introduction or delivery
 for introduction, in interstate commerce, or the importation into the
 United States, of a motor vehicle or motor vehicle equipment for which it
 is decided, before the first purchase in good faith other than for resale,
 that the vehicle or equipment-- []  (A) contains a defect related to motor vehicle safety about
 which notice was given under section 30118(c) of this title or an order
 was issued under section 30118(b) of this title; or []  (B) does not comply with an applicable motor vehicle safety
 standard prescribed under this chapter. []  (b) PRIOR NOTICE- When practicable, the Secretary of
 Transportation shall notify a person against whom a civil action under
 subsection (a) of this section is planned, give the person an opportunity
 to present that person's views, and, except for a knowing and willful
 violation of this chapter, give the person a reasonable opportunity to remedy
 the defect or comply with the applicable motor vehicle safety standard
 prescribed under this chapter. Failure to give notice and an opportunity
 to remedy the defect or comply with the applicable motor vehicle safety
 standard prescribed under this chapter does not prevent a court from granting
 appropriate relief. []  (c) VENUE- Except as provided in section 30121(d) of
 this title, a civil action under this section or section 30165(a) of this
 title may be brought in the United States district court for the judicial
 district in which the violation occurred or the defendant is found, resides,
 or does business. Process in the action may be served in any other judicial
 district in which the defendant resides or is found. []  (d) JURY TRIAL DEMAND- In a trial for criminal contempt
 for violating an injunction or restraining order issued under subsection
 (a) of this section, the violation of which is also a violation of this
 chapter, the defendant may demand a jury trial. The defendant shall be
 tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure
 (18 App. U.S.C.). []  (e) SUBPENAS FOR WITNESSES- In a civil action brought
 under this section, a subpena for a witness may be served in any judicial
 district. [] Sec. 30164. Service of process []  (a) DESIGNATING AGENTS- A manufacturer offering a motor
 vehicle or motor vehicle equipment for import shall designate an agent
 on whom service of notices and process in administrative and judicial
 proceedings may be made. The designation shall be in writing and filed with
 the Secretary of Transportation. The designation may be changed in the same
 way as originally made. []  (b) SERVICE- An agent may be served at the agent's office
 or usual place of residence. Service on the agent is deemed to be service
 on the manufacturer. If a manufacturer does not designate an agent,
 service may be made by posting the notice or process in the office of the
 Secretary. [] Sec. 30165. Civil penalty []  (a) PENALTY- A person that violates section 30112, 30115,
 30117-30122, 30123(d), 30125(c), 30141-30147, or 30166 of this title or a
 regulation prescribed under those sections is liable to the United States
 Government for a civil penalty of not more than $1,000 for each violation. A
 separate violation occurs for each motor vehicle or item of motor vehicle
 equipment and for each failure or refusal to allow or perform an act required
 by those sections. The maximum penalty under this subsection for a related
 series of violations is $800,000. []  (b) COMPROMISE AND SETOFF- (1) The Secretary of
 Transportation may compromise the amount of a civil penalty imposed under
 this section. []  (2) 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. []  (c) CONSIDERATIONS- In determining the amount of a civil
 penalty or compromise, the appropriateness of the penalty or compromise
 to the size of the business of the person charged and the gravity of the
 violation shall be considered. []  (d) SUBPENAS FOR WITNESSES- In a civil action brought
 under this section, a subpena for a witness may be served in any judicial
 district. [] Sec. 30166. Inspections, investigations, and records
 []  (a) DEFINITION- In this section, `motor vehicle accident'
 means an occurrence associated with the maintenance or operation of a motor
 vehicle or motor vehicle equipment resulting in personal injury, death,
 or property damage. []  (b) AUTHORITY TO INSPECT AND INVESTIGATE- (1) The Secretary
 of Transportation may conduct an inspection or investigation-- []  (A) that may be necessary to enforce this chapter or a
 regulation prescribed or order issued under this chapter; or []  (B) related to a motor vehicle accident and designed to
 carry out this chapter. []  (2) The Secretary of Transportation shall cooperate with
 State and local officials to the greatest extent possible in an inspection
 or investigation under paragraph (1)(B) of this subsection. []  (c) MATTERS THAT CAN BE INSPECTED AND IMPOUNDMENT-
 In carrying out this chapter, an officer or employee designated by the
 Secretary of Transportation-- []  (1) at reasonable times, may inspect and copy any record
 related to this chapter; []  (2) on request, may inspect records of a manufacturer,
 distributor, or dealer to decide whether the manufacturer, distributor,
 or dealer has complied or is complying with this chapter or a regulation
 prescribed or order issued under this chapter; and []  (3) at reasonable times, in a reasonable way, and on
 display of proper credentials and written notice to an owner, operator,
 or agent in charge, may-- []  (A) enter and inspect with reasonable promptness premises
 in which a motor vehicle or motor vehicle equipment is manufactured, held
 for introduction in interstate commerce, or held for sale after introduction
 in interstate commerce; []  (B) enter and inspect with reasonable promptness premises at
 which a vehicle or equipment involved in a motor vehicle accident is located;
 []  (C) inspect with reasonable promptness that vehicle or
 equipment; and []  (D) impound for not more than 72 hours a vehicle or equipment
 involved in a motor vehicle accident. []  (d) REASONABLE COMPENSATION- When a motor vehicle (except
 a vehicle subject to subchapter II of chapter 105 of this title) or motor
 vehicle equipment is inspected or temporarily impounded under subsection
 (c)(3) of this section, the Secretary of Transportation shall pay reasonable
 compensation to the owner of the vehicle if the inspection or impoundment
 results in denial of use, or reduction in value, of the vehicle. []  (e) RECORDS AND MAKING REPORTS- The Secretary of
 Transportation reasonably may require a manufacturer of a motor vehicle or
 motor vehicle equipment to keep records, and a manufacturer, distributor,
 or dealer to make reports, to enable the Secretary to decide whether the
 manufacturer, distributor, or dealer has complied or is complying with this
 chapter or a regulation prescribed or order issued under this chapter. This
 subsection does not impose a recordkeeping requirement on a distributor or
 dealer in addition to those imposed under subsection (f) of this section
 and section 30117(b) of this title or a regulation prescribed or order
 issued under subsection (f) or section 30117(b). []  (f) PROVIDING COPIES OF COMMUNICATIONS ABOUT DEFECTS AND
 NONCOMPLIANCE- A manufacturer shall give the Secretary of Transportation
 a true or representative copy of each communication to the manufacturer's
 dealers or to owners or purchasers of a motor vehicle or replacement
 equipment produced by the manufacturer about a defect or noncompliance with
 a motor vehicle safety standard prescribed under this chapter in a vehicle
 or equipment that is sold or serviced. []  (g) ADMINISTRATIVE AUTHORITY ON REPORTS, ANSWERS, AND
 HEARINGS- (1) In carrying out this chapter, the Secretary of Transportation
 may-- []  (A) require, by general or special order, any person to
 file reports or answers to specific questions, including reports or answers
 under oath; and []  (B) conduct hearings, administer oaths, take testimony, and
 require (by subpena or otherwise) the appearance and testimony of witnesses
 and the production of records the Secretary considers advisable. []  (2) 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. []  (h) CIVIL ACTIONS TO ENFORCE AND VENUE- A civil action
 to enforce a subpena or order under subsection (g) of this section may be
 brought in the United States district court for the judicial district in
 which the proceeding is conducted. The court may punish a failure to obey
 an order of the court to comply with a subpena or order as a contempt of
 court. []  (i) GOVERNMENTAL COOPERATION- The Secretary of Transportation
 may request a department, agency, or instrumentality of the United States
 Government to provide records the Secretary considers necessary to carry
 out this chapter. The head of the department, agency, or instrumentality
 shall provide the record on request, may detail personnel on a reimbursable
 basis, and otherwise shall cooperate with the Secretary. This subsection
 does not affect a law limiting the authority of a department, agency,
 or instrumentality to provide information to another department, agency,
 or instrumentality. []  (j) COOPERATION OF SECRETARY- The Secretary of Transportation
 may advise, assist, and cooperate with departments, agencies, and
 instrumentalities of the Government, States, and other public and private
 agencies in developing a method for inspecting and testing to determine
 compliance with a motor vehicle safety standard. []  (k) PROVIDING INFORMATION- The Secretary of Transportation
 shall provide the Attorney General and, when appropriate, the Secretary of
 the Treasury, information obtained that indicates a violation of this chapter
 or a regulation prescribed or order issued under this chapter. [] Sec. 30167. Disclosure of information by the Secretary of
 Transportation []  (a) CONFIDENTIALITY OF INFORMATION- Information obtained
 under this chapter related to a confidential matter referred to in section
 1905 of title 18 may be disclosed only in the following ways: []  (1) to other officers and employees carrying out this
 chapter. []  (2) when relevant to a proceeding under this
 chapter. []  (3) to the public if the confidentiality of the information
 is preserved. []  (4) to the public when the Secretary of Transportation
 decides that disclosure is necessary to carry out section 30101 of this
 title. []  (b) DEFECT AND NONCOMPLIANCE INFORMATION- Subject to
 subsection (a) of this section, the Secretary shall disclose information
 obtained under this chapter related to a defect or noncompliance that
 the Secretary decides will assist in carrying out sections 30117(b) and
 30118-30121 of this title or that is required to be disclosed under section
 30118(a) of this title. A requirement to disclose information under this
 subsection is in addition to the requirements of section 552 of title
 5. []  (c) INFORMATION ABOUT MANUFACTURER'S INCREASED COSTS- A
 manufacturer opposing an action of the Secretary under this chapter because of
 increased cost shall submit to the Secretary information about the increased
 cost, including the manufacturer's cost and the cost to retail purchasers,
 that allows the public and the Secretary to evaluate the manufacturer's
 statement. The Secretary shall evaluate the information promptly and,
 subject to subsection (a) of this section, shall make the information and
 evaluation available to the public. The Secretary shall publish a notice
 in the Federal Register that the information is available. []  (d) WITHHOLDING INFORMATION FROM CONGRESS- This section
 does not authorize information to be withheld from a committee of Congress
 authorized to have the information. [] Sec. 30168. Research, testing, development, and training
 []  (a) GENERAL AUTHORITY- (1) The Secretary of Transportation
 shall conduct research, testing, development, and training necessary to
 carry out this chapter. The research, development, testing, and training
 shall include-- []  (A) collecting information to determine the relationship
 between motor vehicle or motor vehicle equipment performance characteristics
 and-- []  (i) accidents involving motor vehicles; and []  (ii) the occurrence of death or personal injury resulting
 from those accidents; []  (B) obtaining experimental and other motor vehicles and
 motor vehicle equipment for research or testing; and []  (C) disposing of test motor vehicles and motor vehicle
 equipment and crediting the proceeds to current appropriations available
 to carry out this chapter. []  (2) The Secretary may carry out this subsection through grants
 to States, interstate authorities, and nonprofit institutions. []  (b) USE OF PUBLIC AGENCIES- In carrying out this chapter, the
 Secretary shall use the services, research, and testing facilities of public
 agencies to the maximum extent practicable to avoid duplication. []  (c) FACILITIES- The Secretary may plan, design, and build a
 new facility or modify an existing facility to conduct research, development,
 and testing in traffic safety, highway safety, and motor vehicle safety. An
 expenditure of more than $100,000 for planning, design, or construction
 may be made only if the planning, design, or construction is approved by
 substantially similar resolutions by the Committees on Energy and Commerce
 and Public Works and Transportation of the House of Representatives and the
 Committees on Commerce, Science, and Transportation and Environment and
 Public Works of the Senate. To obtain that approval, the Secretary shall
 submit to Congress a prospectus on the proposed facility. The prospectus
 shall include-- []  (1) a brief description of the facility being planned,
 designed, or built; []  (2) the location of the facility; []  (3) an estimate of the maximum cost of the facility;
 []  (4) a statement identifying private and public agencies
 that will use the facility and the contribution each agency will make to
 the cost of the facility; and []  (5) a justification of the need for the facility. []  (d) INCREASING COSTS OF APPROVED FACILITIES- The estimated
 maximum cost of a facility approved under subsection (c) of this section may
 be increased by an amount equal to the percentage increase in construction
 costs from the date the prospectus is submitted to Congress. However,
 the increase in the cost of the facility may not be more than 10 percent
 of the estimated maximum cost included in the prospectus. The Secretary
 shall decide what increase in construction costs has occurred. []  (e) AVAILABILITY OF INFORMATION, PATENTS, AND DEVELOPMENTS-
 When the United States Government makes more than a minimal contribution
 to a research or development activity under this chapter, the Secretary
 shall include in the arrangement for the activity a provision to ensure
 that all information, patents, and developments related to the activity are
 available to the public. However, the owner of a background patent may not
 be deprived of a right under the patent. [] Sec. 30169. Annual reports []  (a) GENERAL REPORT- The Secretary of Transportation shall
 submit to the President to submit to Congress on July 1 of each year
 a report on the administration of this chapter for the prior calendar
 year. The report shall include-- []  (1) a thorough statistical compilation of accidents and
 injuries; []  (2) motor vehicle safety standards in effect or prescribed
 under this chapter; []  (3) the degree of observance of the standards; []  (4) a summary of current research grants and contracts and a
 description of the problems to be considered under those grants and contracts;
 []  (5) an analysis and evaluation of research activities
 completed and technological progress achieved; []  (6) enforcement actions; []  (7) the extent to which technical information was given the
 scientific community and consumer-oriented information was made available
 to the public; and []  (8) recommendations for legislation needed to promote
 cooperation among the States in improving traffic safety and strengthening
 the national traffic safety program. []  (b) REPORT ON IMPORTING MOTOR VEHICLES- Not later than
 18 months after regulations are first prescribed under section 2(e)(1)(B)
 of the Imported Vehicle Safety Compliance Act of 1988, the Secretary shall
 submit to Congress a report of the actions taken to carry out subchapter
 III of this chapter and the effectiveness of those actions, including any
 testing by the Secretary under section 30146(c)(2) of this title. After
 the first report, the Secretary shall submit a report to Congress under
 this subsection not later than July 31 of each year. [] CHAPTER 303--NATIONAL DRIVER REGISTER [] Sec. [] 30301. Definitions. [] 30302. National Driver Register. [] 30303. State participation. [] 30304. Reports by chief driver licensing officials. [] 30305. Access to Register information. [] 30306. National Driver Register Advisory Committee. [] 30307. Criminal penalties. [] 30308. Authorization of appropriations. [] Sec. 30301. Definitions []  In this chapter-- []  (1) `alcohol' has the same meaning given that term in
 regulations prescribed by the Secretary of Transportation. []  (2) `chief driver licensing official' means the official
 in a State who is authorized to-- []  (A) maintain a record about a motor vehicle operator's
 license issued by the State; and []  (B) issue, deny, revoke, suspend, or cancel a motor vehicle
 operator's license issued by the State. []  (3) `controlled substance' has the same meaning given that
 term in section 102 of the Comprehensive Drug Abuse Prevention and Control
 Act of 1970 (21 U.S.C. 802). []  (4) `motor vehicle' means a vehicle, machine, tractor,
 trailer, or semitrailer propelled or drawn by mechanical power and used on
 public streets, roads, or highways, but does not include a vehicle operated
 only on a rail line. []  (5) `motor vehicle operator's license' means a license
 issued by a State authorizing an individual to operate a motor vehicle on
 public streets, roads, or highways. []  (6) `participating State' means a State that has notified
 the Secretary under section 30303 of this title of its participation in
 the National Driver Register. []  (7) `State' means a State of the United States, the District
 of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the
 Northern Mariana Islands, the Trust Territory of the Pacific Islands,
 and any other territory or possession of the United States. []  (8) `State of record' means a State that has given the
 Secretary a report under section 30304 of this title about an individual
 who is the subject of a request for information made under section 30305
 of this title. [] Sec. 30302. National Driver Register []  (a) ESTABLISHMENT AND CONTENTS- The Secretary of
 Transportation shall establish as soon as practicable and maintain a National
 Driver Register to assist chief driver licensing officials of participating
 States in exchanging information about the motor vehicle driving records of
 individuals. The Register shall contain an index of the information reported
 to the Secretary under section 30304 of this title. The Register shall
 enable the Secretary (electronically or, until all States can participate
 electronically, by United States mail)-- []  (1) to receive information submitted under section 30304
 of this title by the chief driver licensing official of a State of record;
 []  (2) to receive a request for information made by the chief
 driver licensing official of a participating State under section 30305 of
 this title; []  (3) to refer the request to the chief driver licensing
 official of a State of record; and []  (4) in response to the request, to relay information provided
 by a chief driver licensing official of a State of record to the chief
 driver licensing official of a participating State, without interception
 of the information. []  (b) ACCURACY OF INFORMATION- The Secretary is not responsible
 for the accuracy of information relayed to the chief driver licensing official
 of a participating State. However, the Secretary shall maintain the Register
 in a way that ensures against inadvertent alteration of information during
 a relay. []  (c) TRANSITION FROM PRIOR REGISTER- (1) The Secretary
 shall provide by regulation for the orderly transition from the register
 maintained under the Act of July 14, 1960, as restated by section 401 of the
 National Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89-563,
 80 Stat. 730), to the Register maintained under this chapter. []  (2)(A) The Secretary shall delete from the Register a report
 or information that was compiled under the Act of July 14, 1960, as restated
 by section 401 of the National Traffic and Motor Vehicle Safety Act of 1966
 (Public Law 89-563, 80 Stat. 730), and transferred to the Register, after
 the earlier of-- []  (i) the date the State of record removes it from the State's
 file; []  (ii) 7 years after the date the report or information is
 entered in the Register; or []  (iii) the date a fully electronic Register system is
 established. []  (B) The report or information shall be disposed of under
 chapter 33 of title 44. []  (3) If the chief driver licensing official of a
 participating State finds that information provided for inclusion in the
 Register is erroneous or is related to a conviction of a traffic offense
 that subsequently is reversed, the official immediately shall notify the
 Secretary. The Secretary shall provide for the immediate deletion of the
 information from the Register. []  (d) ASSIGNMENT OF PERSONNEL- In carrying out this chapter,
 the Secretary shall assign personnel necessary to ensure the effective
 operation of the Register. [] Sec. 30303. State participation []  (a) NOTIFICATION- A State may become a participating State
 under this chapter by notifying the Secretary of Transportation of its
 intention to be bound by section 30304 of this title. []  (b) WITHDRAWAL- A participating State may end its status
 as a participating State by notifying the Secretary of its withdrawal from
 participation in the National Driver Register. []  (c) FORM AND WAY OF NOTIFICATION- Notification by a State
 under this section shall be made in the form and way the Secretary prescribes
 by regulation. [] Sec. 30304. Reports by chief driver licensing officials
 []  (a) INDIVIDUALS COVERED- As soon as practicable, the chief
 driver licensing official of each participating State shall submit to the
 Secretary of Transportation a report containing the information specified
 by subsection (b) of this section for each individual-- []  (1) who is denied a motor vehicle operator's license by
 that State for cause; []  (2) whose motor vehicle operator's license is revoked,
 suspended, or canceled by that State for cause; or []  (3) who is convicted under the laws of that State of any
 of the following motor vehicle-related offenses or comparable offenses:
 []  (A) operating a motor vehicle when under the influence of,
 or impaired by, alcohol or a controlled substance. []  (B) a traffic violation arising in connection with a fatal
 traffic accident, reckless driving, or racing on the highways. []  (C) failing to give aid or provide identification when
 involved in an accident resulting in death or personal injury. []  (D) perjury or knowingly making a false affidavit or
 statement to officials about activities governed by a law or regulation on
 the operation of a motor vehicle. []  (b) CONTENTS- (1) Except as provided in paragraph (2) of this
 subsection, a report under subsection (a) of this section shall contain--
 []  (A) the individual's legal name, date of birth, sex, and,
 at the Secretary's discretion, height, weight, and eye and hair color;
 []  (B) the name of the State providing the information; and
 []  (C) the social security account number if used by the State
 for driver record or motor vehicle license purposes, and the motor vehicle
 operator's license number if different from the social security account
 number. []  (2) A report under subsection (a) of this section about
 an event that occurs during the 2-year period before the State becomes
 a participating State is sufficient if the report contains all of the
 information that is available to the chief driver licensing official when
 the State becomes a participating State. []  (c) TIME FOR FILING- If a report under subsection (a)
 of this section is about an event that occurs-- []  (1) during the 2-year period before the State becomes a
 participating State, the report shall be submitted not later than 6 months
 after the State becomes a participating State; or []  (2) after the State becomes a participating State, the
 report shall be submitted not later than 31 days after the motor vehicle
 department of the State receives any information specified in subsection
 (b)(1) of this section that is the subject of the report. []  (d) EVENTS OCCURRING BEFORE PARTICIPATION- This section does
 not require a State to report information about an event that occurs before
 the 2-year period before the State becomes a participating State. [] Sec. 30305. Access to Register information []  (a) REFERRALS OF INFORMATION REQUESTS- (1) To carry out
 duties related to driver licensing, driver improvement, or transportation
 safety, the chief driver licensing official of a participating State
 may request the Secretary of Transportation to refer, electronically or
 by United States mail, a request for information about the motor vehicle
 driving record of an individual to the chief driver licensing official of
 a State of record. []  (2) The Secretary of Transportation shall relay,
 electronically or by United States mail, information received from the chief
 driver licensing official of a State of record in response to a request
 under paragraph (1) of this subsection to the chief driver licensing
 official of the participating State requesting the information. However,
 the Secretary may refuse to relay information to the chief driver licensing
 official of a participating State that does not comply with section 30304
 of this title. []  (b) REQUESTS TO OBTAIN INFORMATION- (1) The Chairman of the
 National Transportation Safety Board and the Administrator of the Federal
 Highway Administration may request the chief driver licensing official of
 a State to obtain information under subsection (a) of this section about
 an individual who is the subject of an accident investigation conducted
 by the Board or the Administrator. The Chairman and the Administrator may
 receive the information. []  (2) An individual who is employed, or is seeking employment,
 as a driver of a motor vehicle may request the chief driver licensing official
 of the State in which the individual is employed or seeks employment to
 provide information under subsection (a) of this section to the individual's
 employer or prospective employer. An employer or prospective employer
 may receive the information and shall make the information available to
 the individual. Information may not be obtained from the National Driver
 Register under this paragraph if the information was entered in the Register
 more than 3 years before the request. []  (3) An individual who has received, or is applying for, an
 airman's certificate may request the chief driver licensing official of a
 State to provide information under subsection (a) of this section about the
 individual to the Administrator of the Federal Aviation Administration. The
 Administrator may receive the information and shall make the information
 available to the individual for review and written comment. The Administrator
 may use the information to verify information required to be reported to the
 Administrator by an airman applying for an airman medical certificate and
 to evaluate whether the airman meets the minimum standards prescribed by the
 Administrator to be issued an airman medical certificate. The Administrator
 may not otherwise divulge or use the information. Information may not be
 obtained from the Register under this paragraph if the information was
 entered in the Register more than 3 years before the request, unless the
 information is about a revocation or suspension still in effect on the date
 of the request. []  (4) An individual who is employed, or is seeking employment,
 by a rail carrier as an operator of a locomotive may request the chief driver
 licensing official of a State to provide information under subsection (a)
 of this section to the individual's employer or prospective employer or
 to the Secretary of Transportation. Information may not be obtained from
 the Register under this paragraph if the information was entered in the
 Register more than 3 years before the request, unless the information
 is about a revocation or suspension still in effect on the date of the
 request. []  (5) An individual who holds, or is applying for, a license
 or certificate of registry under section 7101 of title 46, or a merchant
 mariner's document under section 7302 of title 46, may request the
 chief driver licensing official of a State to provide information under
 subsection (a) of this section about the individual to the Secretary of
 the department in which the Coast Guard is operating. The Secretary may
 receive the information and shall make the information available to the
 individual for review and written comment before denying, suspending, or
 revoking the license, certificate, or document of the individual based on
 the information and before using the information in an action taken under
 chapter 77 of title 46. The Secretary may not otherwise divulge or use the
 information, except for purposes of section 7101, 7302, or 7703 of title
 46. Information may not be obtained from the Register under this paragraph
 if the information was entered in the Register more than 3 years before the
 request, unless the information is about a revocation or suspension still
 in effect on the date of the request. []  (6) An individual may request the chief driver licensing
 official of a State to obtain information about the individual under
 subsection (a) of this section-- []  (A) to learn whether information about the individual is
 being provided; []  (B) to verify the accuracy of the information; or []  (C) to obtain a certified copy of the information. []  (7) A request under this subsection shall be made in the form
 and way the Secretary of Transportation prescribes by regulation. []  (c) RELATIONSHIP TO OTHER LAWS- A request for, or receipt of,
 information from the Register is subject to sections 552 and 552a of title
 5, and other applicable laws of the United States or a State, except that--
 []  (1) the Secretary of Transportation may not relay or
 otherwise provide information specified in section 30304(b)(1)(A) or (C)
 of this title to a person not authorized by this section to receive the
 information; []  (2) a request for, or receipt of, information by a chief
 driver licensing official, or by a person authorized by subsection (b)
 of this section to request and receive the information, is deemed to be a
 routine use under section 552a(b) of title 5; and []  (3) receipt of information by a person authorized by this
 section to receive the information is deemed to be a disclosure under
 section 552a(c) of title 5, except that the Secretary of Transportation
 is not required to retain the accounting made under section 552a(c)(1)
 for more than 7 years after the disclosure. []  (d) AVAILABILITY OF INFORMATION PROVIDED UNDER PRIOR LAW-
 Information provided by a State under the Act of July 14, 1960, as restated
 by section 401 of the National Traffic and Motor Vehicle Safety Act of 1966
 (Public Law 89-563, 80 Stat. 730), and under this chapter, shall be available
 under this section during the transition from the register maintained under
 that Act to the Register maintained under this chapter. [] Sec. 30306. National Driver Register Advisory Committee
 []  (a) ORGANIZATION- There is a National Driver Register
 Advisory Committee. []  (b) DUTIES- The Committee shall advise the Secretary of
 Transportation on-- []  (1) the efficiency of the maintenance and operation of the
 National Driver Register; and []  (2) the effectiveness of the Register in assisting States
 in exchanging information about motor vehicle driving records. []  (c) COMPOSITION AND APPOINTMENT- The Committee is composed
 of 15 members appointed by the Secretary as follows: []  (1) 3 members appointed from among individuals who are
 specially qualified to serve on the Committee because of their education,
 training, or experience, and who are not officers or employees of the United
 States Government or a State. []  (2) 3 members appointed from among groups outside the
 Government that represent the interests of bus and trucking organizations,
 enforcement officials, labor, or safety organizations. []  (3) 9 members, geographically representative of the
 participating States, appointed from among individuals who are chief driver
 licensing officials of participating States. []  (d) TERMS- (1) Except as provided in paragraph (2) of this
 subsection, the term of each member is 3 years. []  (2) A vacancy on the Committee shall be filled in the
 same way as an original appointment. A member appointed to fill a vacancy
 serves for the remainder of the term of that member's predecessor. After
 a member's term ends, the member may continue to serve until the successor
 takes office. []  (e) COMPENSATION AND EXPENSES- Members of the Committee
 serve without compensation. However, the Secretary may reimburse a member
 for reasonable travel expenses incurred by the member in attending meetings
 of the Committee. []  (f) MEETINGS, CHAIRMAN, VICE CHAIRMAN, AND QUORUM- (1)
 The Committee shall meet at least once a year. []  (2) The Committee shall elect a Chairman and a Vice Chairman
 from among its members. []  (3) Eight members are a quorum. []  (4) The Committee shall meet at the call of the Chairman
 or a majority of the members. []  (g) PERSONNEL AND SERVICES- The Secretary may provide the
 Committee with personnel, penalty mail privileges, and similar services
 the Secretary considers necessary to assist the Committee in carrying out
 its duties and powers under this section. []  (h) REPORTS- At least once a year, the Committee shall
 submit to the Secretary a report on the matters specified in subsection
 (b) of this section. The report shall include any recommendations of the
 Committee for changes in the Register. []  (i) RELATIONSHIP TO OTHER LAWS- The Committee is exempt
 from sections 10(e) and (f) and 14 of the Federal Advisory Committee Act
 (5 App. U.S.C.). [] Sec. 30307. Criminal penalties []  (a) GENERAL PENALTY- A person (except an individual
 described in section 30305(b)(6) of this title) shall be fined under title
 18, imprisoned for not more than one year, or both, if-- []  (1) the person receives under section 30305 of this title
 information specified in section 30304(b)(1)(A) or (C) of this title;
 []  (2) disclosure of the information is not authorized by
 section 30305 of this title; and []  (3) the person willfully discloses the information knowing
 that disclosure is not authorized. []  (b) INFORMATION PENALTY- A person knowingly and willfully
 requesting, or under false pretenses obtaining, information specified in
 section 30304(b)(1)(A) or (C) of this title from a person receiving the
 information under section 30305 of this title shall be fined under title 18,
 imprisoned for not more than one year, or both. [] Sec. 30308. Authorization of appropriations []  (a) GENERAL- Not more than $XXXXX may be appropriated to
 the Secretary of Transportation for the fiscal year ending September 30,
 19X, to carry out this chapter. []  (b) AVAILABILITY OF AMOUNTS- Amounts appropriated under
 this section remain available until expended. [] PART B--COMMERCIAL [] CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY [] SUBCHAPTER I--STATE GRANTS [] Sec. [] 31101. Definitions. [] 31102. Grants to States. [] 31103. United States Government's share of costs. [] 31104. Availability of amounts. [] 31105. Employee protections. [] SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS [] 31111. Length limitations. [] 31112. Width limitations. [] 31113. Access to the Interstate System. [] 31114. Enforcement. [] SUBCHAPTER III--SAFETY REGULATION [] 31131. Purposes and findings. [] 31132. Definitions. [] 31133. General powers of the Secretary of
 Transportation. [] 31134. Commercial Motor Vehicle Safety Regulatory Review
 Panel. [] 31135. Duties of employers and employees. [] 31136. United States Government regulations. [] 31137. Monitoring device and brake maintenance
 regulations. [] 31138. Minimum financial responsibility for transporting
 passengers. [] 31139. Minimum financial responsibility for transporting
 property. [] 31140. Submission of State laws and regulations for
 review. [] 31141. Review and preemption of State laws and
 regulations. [] 31142. Inspection of vehicles. [] 31143. Investigating complaints and protecting
 complainants. [] 31144. Safety fitness of owners and operators. [] 31145. Coordination of Governmental activities and
 paperwork. [] 31146. Relationship to other laws. [] 31147. Limitations on authority. [] SUBCHAPTER IV--MISCELLANEOUS [] 31161. Procedures to ensure timely correction of safety
 violations. [] SUBCHAPTER I--STATE GRANTS [] Sec. 31101. Definitions []  In this subchapter-- []  (1) `commercial motor vehicle' means a self-propelled or
 towed vehicle used on the highways in commerce principally to transport
 passengers or cargo, if the vehicle-- []  (A) has a gross vehicle weight rating of at least 10,000
 pounds; []  (B) is designed to transport more than 10 passengers
 including the driver; or []  (C) is used in transporting material found by the Secretary
 of Transportation to be hazardous under section 5103 of this title. []  (2) `employee' means a driver of a commercial motor vehicle
 (including an independent contractor when personally operating a commercial
 motor vehicle), a mechanic, a freight handler, or an individual not an
 employer, who-- []  (A) directly affects commercial motor vehicle safety in
 the course of employment by a commercial motor carrier; and []  (B) is not an employee of the United States Government,
 a State, or a political subdivision of a State acting in the course of
 employment. []  (3) `employer'-- []  (A) means a person engaged in a business affecting commerce
 that owns or leases a commercial motor vehicle in connection with that
 business, or assigns an employee to operate the vehicle in commerce; but
 []  (B) does not include the Government, a State, or a political
 subdivision of a State. []  (4) `State' means a State of the United States, the District
 of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and
 the Northern Mariana Islands. [] Sec. 31102. Grants to States []  (a) GENERAL AUTHORITY- Subject to this section and the
 availability of amounts, the Secretary of Transportation may make grants to
 States for the development or implementation of programs for the enforcement
 of regulations, standards, and orders of the United States Government on
 commercial motor vehicle safety and compatible State regulations, standards,
 and orders. []  (b) STATE PLAN PROCEDURES AND CONTENTS- (1) The Secretary
 shall prescribe procedures for a State to submit a plan under which the
 State agrees to adopt and assume responsibility for enforcing regulations,
 standards, and orders of the Government on commercial motor vehicle safety
 or compatible State regulations, standards, and orders. The Secretary shall
 approve the plan if the Secretary decides the plan is adequate to promote
 the objectives of this section and the plan-- []  (A) designates the State motor vehicle safety agency
 responsible for administering the plan throughout the State; []  (B) contains satisfactory assurances the agency has or will
 have the legal authority, resources, and qualified personnel necessary to
 enforce the regulations, standards, and orders; []  (C) contains satisfactory assurances the State will devote
 adequate amounts to the administration of the plan and enforcement of the
 regulations, standards, and orders; []  (D) provides that the total expenditure of amounts of the
 State and its political subdivisions (not including amounts of the Government)
 for commercial motor vehicle safety programs will be maintained at a level
 at least equal to the average level of that expenditure for its last 2 full
 fiscal years before January 6, 1983; []  (E) provides a right of entry and inspection sufficient to
 enforce the regulations, standards, and orders; []  (F) provides that all reports required under this section be
 submitted to the agency and that the agency will make the reports available
 to the Secretary on request; []  (G) provides that the agency will adopt the reporting
 requirements and use the forms for recordkeeping, inspections, and
 investigations the Secretary prescribes; and []  (H) requires registrants of commercial motor vehicles to
 make a declaration of knowledge of applicable safety regulations, standards,
 and orders of the Government and the State. []  (2) If the Secretary disapproves a plan under this subsection,
 the Secretary shall give the State a written explanation and allow the
 State to modify and resubmit the plan for approval. []  (c) CONTINUOUS EVALUATION OF PLANS- On the basis of
 reports submitted by a State motor vehicle safety agency of a State with a
 plan approved under this section and the Secretary's own investigations,
 the Secretary shall make a continuing evaluation of the way the State is
 carrying out the plan. If the Secretary finds, after notice and opportunity
 for comment, the State plan previously approved is not being followed or
 has become inadequate to ensure enforcement of the regulations, standards,
 or orders, the Secretary shall withdraw approval of the plan and notify
 the State. The plan stops being effective when the notice is received. A
 State adversely affected by the withdrawal may seek judicial review under
 chapter 7 of title 5. Notwithstanding the withdrawal, the State may retain
 jurisdiction in administrative or judicial proceedings begun before the
 withdrawal if the issues involved are not related directly to the reasons
 for the withdrawal. [] Sec. 31103. United States Government's share of costs
 []  The Secretary of Transportation shall reimburse a State,
 from a grant made under this subchapter, an amount that is not more than 80
 percent of the costs incurred by the State in a fiscal year in developing
 and implementing programs to enforce commercial motor vehicle regulations,
 standards, or orders adopted under this subchapter or subchapter II of this
 chapter. Amounts of the State and its political subdivisions required to
 be expended under section 31102(b)(1)(D) of this title may not be included
 as part of the share not provided by the United States Government. The
 Secretary may allocate among the States whose applications for grants have
 been approved those amounts appropriated for grants to support those programs,
 under criteria that may be established. [] Sec. 31104. Availability of amounts []  (a) GENERAL- Subject to section 9503(c)(1) of the Internal
 Revenue Code of 1986 (26 U.S.C. 9503(c)(1)), not more than $60,000,000 is
 available from the Highway Trust Fund (except the Mass Transit Account) for
 each of the fiscal years ending September 30, 1989-1991, for the Secretary
 of Transportation to incur obligations to carry out section 31102 of this
 title. []  (b) ONE FISCAL YEAR LIMITATION- A grant made under this
 subchapter shall be for not more than one fiscal year. []  (c) REIMBURSEMENT FOR GOVERNMENT'S SHARE OF COSTS- Amounts
 made available under this section shall be used to reimburse States pro rata
 for the United States Government's share of costs incurred. []  (d) GRANTS AS CONTRACTUAL OBLIGATIONS- Approval by the
 Secretary of a grant to a State under section 31102 of this title is a
 contractual obligation of the Government for payment of the Government's share
 of costs incurred by the State in developing, implementing, or developing
 and implementing programs to enforce commercial motor vehicle regulations,
 standards, and orders. []  (e) PERIOD OF AVAILABILITY- Amounts made available under
 this section for a fiscal year remain available for obligation by the
 Secretary for that fiscal year and for the next 3 fiscal years. []  (f) DEDUCTION FOR ADMINISTRATIVE EXPENSES- On October 1
 of each fiscal year, the Secretary may deduct, from amounts made available
 under this section for that fiscal year, not more than .5 percent of those
 amounts for administrative expenses in carrying out section 31102 of this
 title in that fiscal year. [] Sec. 31105. Employee protections []  (a) PROHIBITIONS- (1) A person may not discharge an employee,
 or discipline or discriminate against an employee regarding pay, terms,
 or privileges of employment, because-- []  (A) the employee, or another person at the employee's request,
 has filed a complaint or begun a proceeding related to a violation of a
 commercial motor vehicle safety regulation, standard, or order, or has
 testified or will testify in such a proceeding; or []  (B) the employee refuses to operate a vehicle because--
 []  (i) the operation violates a regulation, standard, or order
 of the United States related to commercial motor vehicle safety or health;
 or []  (ii) the employee has a reasonable apprehension of serious
 injury to the employee or the public because of the vehicle's unsafe
 condition. []  (2) Under paragraph (1)(B)(ii) of this subsection, an
 employee's apprehension of serious injury is reasonable only if a reasonable
 individual in the circumstances then confronting the employee would conclude
 that the unsafe condition establishes a real danger of accident, injury,
 or serious impairment to health. To qualify for protection, the employee
 must have sought from the employer, and been unable to obtain, correction
 of the unsafe condition. []  (b) FILING COMPLAINTS AND PROCEDURES- (1) An employee
 alleging discharge, discipline, or discrimination in violation of subsection
 (a) of this section, or another person at the employee's request, may file
 a complaint with the Secretary of Labor not later than 180 days after the
 alleged violation occurred. On receiving the complaint, the Secretary shall
 notify the person alleged to have committed the violation of the filing of
 the complaint. []  (2)(A) Not later than 60 days after receiving a complaint, the
 Secretary shall conduct an investigation, decide whether it is reasonable to
 believe the complaint has merit, and notify the complainant and the person
 alleged to have committed the violation of the findings. If the Secretary
 decides it is reasonable to believe a violation occurred, the Secretary
 shall include with the decision findings and a preliminary order for the
 relief provided under paragraph (3) of this subsection. []  (B) Not later than 30 days after the notice under subparagraph
 (A) of this paragraph, the complainant and the person alleged to have
 committed the violation may file objections to the findings or preliminary
 order, or both, and request a hearing on the record. The filing of objections
 does not stay a reinstatement ordered in the preliminary order. If a hearing
 is not requested within the 30 days, the preliminary order is final and
 not subject to judicial review. []  (C) A hearing shall be conducted expeditiously. Not later
 than 120 days after the end of the hearing, the Secretary shall issue a
 final order. Before the final order is issued, the proceeding may be ended
 by a settlement agreement made by the Secretary, the complainant, and the
 person alleged to have committed the violation. []  (3)(A) If the Secretary decides, on the basis of a complaint,
 a person violated subsection (a) of this section, the Secretary shall order
 the person to-- []  (i) take affirmative action to abate the violation;
 []  (ii) reinstate the complainant to the former position with
 the same pay and terms and privileges of employment; and []  (iii) pay compensatory damages, including back pay. []  (B) If the Secretary issues an order under subparagraph (A)
 of this paragraph and the complainant requests, the Secretary may assess
 against the person against whom the order is issued the costs (including
 attorney's fees) reasonably incurred by the complainant in bringing the
 complaint. The Secretary shall determine the costs that reasonably were
 incurred. []  (c) JUDICIAL REVIEW AND VENUE- A person adversely affected
 by an order issued after a hearing under subsection (b) of this section may
 file a petition for review, not later than 60 days after the order is issued,
 in the court of appeals of the United States for the circuit in which the
 violation occurred or the person resided on the date of the violation. The
 review shall be heard and decided expeditiously. An order of the Secretary
 subject to review under this subsection is not subject to judicial review
 in a criminal or other civil proceeding. []  (d) CIVIL ACTIONS TO ENFORCE- If a person fails to comply
 with an order issued under subsection (b) of this section, the Secretary
 shall bring a civil action to enforce the order in the district court
 of the United States for the judicial district in which the violation
 occurred. [] SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS [] Sec. 31111. Length limitations []  (a) DEFINITIONS- In this section-- []  (1) `maxi-cube vehicle' means a truck tractor combined with
 a semitrailer and a separable property-carrying unit designed to be loaded
 and unloaded through the semitrailer, with the length of the separable
 property-carrying unit being not more than 34 feet and the length of the
 vehicle combination being not more than 65 feet. []  (2) `truck tractor' means-- []  (A) a non-property-carrying power unit that operates in
 combination with a semitrailer or trailer; or []  (B) a power unit that carries as property only motor
 vehicles when operating in combination with a semitrailer in transporting
 motor vehicles. []  (b) GENERAL LIMITATIONS- (1) Except as provided in this
 section, a State may not prescribe or enforce a regulation of commerce that--
 []  (A) imposes a vehicle length limitation of less than 48 feet
 on a semitrailer operating in a truck tractor-semitrailer combination,
 or of less than 28 feet on a semitrailer or trailer operating in a
 truck tractor-semitrailer-trailer combination, on any segment of the
 Dwight D. Eisenhower System of Interstate and Defense Highways (except a
 segment exempted under subsection (f) of this section) and those classes of
 qualifying Federal-aid Primary System highways designated by the Secretary
 of Transportation under subsection (e) of this section; []  (B) imposes an overall length limitation on a commercial
 motor vehicle operating in a truck tractor-semitrailer or truck
 tractor-semitrailer-trailer combination; []  (C) has the effect of prohibiting the use of a semitrailer
 or trailer of the same dimensions as those that were in actual and lawful
 use in that State on December 1, 1982; or []  (D) has the effect of prohibiting the use of an existing
 semitrailer or trailer, of not more than 28.5 feet in length, in a truck
 tractor-semitrailer-trailer combination if the semitrailer or trailer was
 operating lawfully on December 1, 1982, within a 65-foot overall length
 limit in any State. []  (2) A length limitation prescribed or enforced by a State
 under paragraph (1)(A) of this subsection applies only to a semitrailer or
 trailer and not to a truck tractor. []  (c) MAXI-CUBE AND VEHICLE COMBINATION LIMITATIONS- A State may
 not prohibit a maxi-cube vehicle or a commercial motor vehicle combination
 consisting of a truck tractor and 2 trailing units on any segment of the
 Dwight D. Eisenhower System of Interstate and Defense Highways (except a
 segment exempted under subsection (f) of this section) and those classes of
 qualifying Federal-aid Primary System highways designated by the Secretary
 under subsection (e) of this section. []  (d) EXCLUSION OF SAFETY AND ENERGY CONSERVATION DEVICES-
 Length calculated under this section does not include a safety or energy
 conservation device the Secretary decides is necessary for safe and efficient
 operation of a commercial motor vehicle. However, such a device may not
 have by its design or use the ability to carry cargo. []  (e) QUALIFYING HIGHWAYS- The Secretary by regulation shall
 designate as qualifying Federal-aid Primary System highways those Primary
 System highways that can accommodate safely the applicable vehicle lengths
 provided in this section. []  (f) EXEMPTIONS- (1) If the chief executive officer of a
 State, after consulting under paragraph (2) of this subsection, decides a
 segment of the Dwight D. Eisenhower System of Interstate and Defense Highways
 is not capable of safely accommodating a commercial motor vehicle having a
 length described in subsection (b)(1)(A) of this section or the motor vehicle
 combination described in subsection (c) of this section, the chief executive
 officer may notify the Secretary of that decision and request the Secretary
 to exempt that segment from either or both provisions. []  (2) Before making a decision under paragraph (1) of this
 subsection, the chief executive officer shall consult with units of local
 government in the State in which the segment of the Dwight D. Eisenhower
 System of Interstate and Defense Highways is located and with the chief
 executive officer of any adjacent State that may be directly affected by the
 exemption. As part of the consultations, consideration shall be given to
 any potential alternative route that serves the area in which the segment
 is located and can safely accommodate a commercial motor vehicle having a
 length described in subsection (b)(1)(A) of this section or the motor vehicle
 combination described in subsection (c) of this section. []  (3) A chief executive officer's notification under this
 subsection must include specific evidence of safety problems supporting
 the officer's decision and the results of consultations about alternative
 routes. []  (4)(A) If the Secretary decides, on request of a chief
 executive officer or on the Secretary's own initiative, a segment of the
 Dwight D. Eisenhower System of Interstate and Defense Highways is not capable
 of safely accommodating a commercial motor vehicle having a length described
 in subsection (b)(1)(A) of this section or the motor vehicle combination
 described in subsection (c) of this section, the Secretary shall exempt the
 segment from either or both of those provisions. Before making a decision
 under this paragraph, the Secretary shall consider any possible alternative
 route that serves the area in which the segment is located. []  (B) The Secretary shall make a decision about a specific
 segment not later than 120 days after the date of receipt of notification
 from a chief executive officer under paragraph (1) of this subsection or
 the date on which the Secretary initiates action under subparagraph (A) of
 this paragraph, whichever is applicable. If the Secretary finds the decision
 will not be made in time, the Secretary immediately shall notify Congress,
 giving the reasons for the delay, information about the resources assigned,
 and the projected date for the decision. []  (C) Before making a decision, the Secretary shall give an
 interested person notice and an opportunity for comment. If the Secretary
 exempts a segment under this subsection before the final regulations under
 subsection (e) of this section are prescribed, the Secretary shall include
 the exemption as part of the final regulations. If the Secretary exempts
 the segment after the final regulations are prescribed, the Secretary shall
 publish the exemption as an amendment to the final regulations. []  (g) ACCOMMODATING SPECIALIZED EQUIPMENT- In prescribing
 regulations to carry out this section, the Secretary may make decisions
 necessary to accommodate specialized equipment, including automobile and
 vessel transporters and maxi-cube vehicles. [] Sec. 31112. Width limitations []  (a) GENERAL LIMITATIONS- (1) Except as provided in subsection
 (e) of this section, a State (except Hawaii) may not prescribe or enforce a
 regulation of commerce that imposes a vehicle width limitation of more or less
 than 102 inches on a commercial motor vehicle operating on-- []  (A) a segment of the Dwight D. Eisenhower System of Interstate
 and Defense Highways (except a segment exempted under subsection (e) of
 this section); []  (B) a qualifying Federal-aid highway designated by the
 Secretary of Transportation, with traffic lanes designed to be at least 12
 feet wide; or []  (C) a qualifying Federal-aid Primary System highway
 designated by the Secretary if the Secretary decides the designation is
 consistent with highway safety. []  (2) Notwithstanding paragraph (1) of this subsection, a State
 may continue to enforce a regulation of commerce in effect on April 6, 1983,
 that applies to a commercial motor vehicle of more than 102 inches in width,
 until the date on which the State prescribes a regulation of commerce that
 complies with this subsection. []  (3) A Federal-aid highway (except an interstate highway) not
 designated under this subsection on June 5, 1984, may be designated under
 this subsection only with the agreement of the chief executive officer of
 the State in which the highway is located. []  (b) EXCLUSION OF SAFETY AND ENERGY CONSERVATION DEVICES-
 Width calculated under this section does not include a safety or energy
 conservation device the Secretary decides is necessary for safe and efficient
 operation of a commercial motor vehicle. []  (c) SPECIAL USE PERMITS- A State may grant a special
 use permit to a commercial motor vehicle that is more than 102 inches in
 width. []  (d) STATE ENFORCEMENT- Consistent with this section, a State
 may enforce a commercial motor vehicle width limitation of 102 inches on a
 segment of the Dwight D. Eisenhower System of Interstate and Defense Highways
 (except a segment exempted under subsection (e) of this section) or other
 qualifying Federal-aid highway designated by the Secretary. []  (e) EXEMPTIONS- (1) If the chief executive officer of a
 State, after consulting under paragraph (2) of this subsection, decides a
 segment of the Dwight D. Eisenhower System of Interstate and Defense Highways
 is not capable of safely accommodating a commercial motor vehicle having
 the width provided in subsection (a) of this section, the chief executive
 officer may notify the Secretary of that decision and request the Secretary
 to exempt that segment from subsection (a) to allow the State to impose
 a width limitation of less than 102 inches for a vehicle (except a bus)
 on that segment. []  (2) Before making a decision under paragraph (1) of this
 subsection, the chief executive officer shall consult with units of local
 government in the State in which the segment of the Dwight D. Eisenhower
 System of Interstate and Defense Highways is located and with the chief
 executive officer of any adjacent State that may be directly affected by the
 exemption. As part of the consultations, consideration shall be given to
 any potential alternative route that serves the area in which the segment
 is located and can safely accommodate a commercial motor vehicle having
 the width provided for in subsection (a) of this section. []  (3) A chief executive officer's notification under this
 subsection must include specific evidence of safety problems supporting
 the officer's decision and the results of consultations about alternative
 routes. []  (4)(A) If the Secretary decides, on request of a chief
 executive officer or on the Secretary's own initiative, a segment of the
 Dwight D. Eisenhower System of Interstate and Defense Highways is not capable
 of safely accommodating a commercial motor vehicle having a width provided
 in subsection (a) of this section, the Secretary shall exempt the segment
 from subsection (a) to allow the State to impose a width limitation of
 less than 102 inches for a vehicle (except a bus) on that segment. Before
 making a decision under this paragraph, the Secretary shall consider any
 possible alternative route that serves the area in which the segment is
 located. []  (B) The Secretary shall make a decision about a specific
 segment not later than 120 days after the date of receipt of notification
 from a chief executive officer under paragraph (1) of this subsection or
 the date on which the Secretary initiates action under subparagraph (A) of
 this paragraph, whichever is applicable. If the Secretary finds the decision
 will not be made in time, the Secretary immediately shall notify Congress,
 giving the reasons for the delay, information about the resources assigned,
 and the projected date for the decision. []  (C) Before making a decision, the Secretary shall give an
 interested person notice and an opportunity for comment. If the Secretary
 exempts a segment under this subsection before the final regulations under
 subsection (a) of this section are prescribed, the Secretary shall include
 the exemption as part of the final regulations. If the Secretary exempts
 the segment after the final regulations are prescribed, the Secretary shall
 publish the exemption as an amendment to the final regulations. [] Sec. 31113. Access to the Interstate System []  (a) PROHIBITION ON DENYING ACCESS- A State may not enact or
 enforce a law denying to a commercial motor vehicle subject to this subchapter
 or subchapter I of this chapter reasonable access between-- []  (1) the Dwight D. Eisenhower System of Interstate and
 Defense Highways (except a segment exempted under section 31111(f) or
 31112(e) of this title) and other qualifying Federal-aid Primary System
 highways designated by the Secretary of Transportation; and []  (2) terminals, facilities for food, fuel, repairs, and rest,
 and points of loading and unloading for household goods carriers or any
 truck tractor-semitrailer combination in which the semitrailer has a length
 of not more than 28.5 feet and that generally operates as part of a vehicle
 combination described in section 31111(c) of this title. []  (b) EXCEPTION- This section does not prevent a State or
 local government from imposing reasonable restrictions, based on safety
 considerations, on a truck tractor-semitrailer combination in which the
 semitrailer has a length of not more than 28.5 feet and that generally
 operates as part of a vehicle combination described in section 31111(c)
 of this title. [] Sec. 31114. Enforcement []  On the request of the Secretary of Transportation, the
 Attorney General shall bring a civil action for appropriate injunctive
 relief to ensure compliance with this subchapter or subchapter I of this
 chapter. The action may be brought in a district court of the United States
 in any State in which the relief is required. On a proper showing, the
 court shall issue a temporary restraining order or preliminary or permanent
 injunction. An injunction under this section may order a State or person
 to comply with this subchapter, subchapter I, or a regulation prescribed
 under this subchapter or subchapter I. [] SUBCHAPTER III--SAFETY REGULATION [] Sec. 31131. Purposes and findings []  (a) PURPOSES- The purposes of this subchapter are--
 []  (1) to promote the safe operation of commercial motor
 vehicles; []  (2) to minimize dangers to the health of operators of
 commercial motor vehicles and other employees whose employment directly
 affects motor carrier safety; and []  (3) to ensure increased compliance with traffic laws and
 with the commercial motor vehicle safety and health regulations and standards
 prescribed and orders issued under this chapter. []  (b) FINDINGS- Congress finds-- []  (1) it is in the public interest to enhance commercial
 motor vehicle safety and thereby reduce highway fatalities, injuries,
 and property damage; []  (2) improved, more uniform commercial motor vehicle safety
 measures and strengthened enforcement would reduce the number of fatalities
 and injuries and the level of property damage related to commercial motor
 vehicle operations; []  (3) enhanced protection of the health of commercial motor
 vehicle operators is in the public interest; and []  (4) interested State governments can provide valuable
 assistance to the United States Government in ensuring that commercial
 motor vehicle operations are conducted safely and healthfully. [] Sec. 31132. Definitions []  In this subchapter-- []  (1) `commercial motor vehicle' means a self-propelled or
 towed vehicle used on the highways in interstate commerce to transport
 passengers or property, if the vehicle-- []  (A) has a gross vehicle weight rating of at least 10,001
 pounds; []  (B) is designed to transport more than 15 passengers
 including the driver; or []  (C) is used in transporting material found by the Secretary
 of Transportation to be hazardous under section 5103 of this title and
 transported in a quantity requiring placarding under regulations prescribed
 by the Secretary under section 5103. []  (2) `employee' means an operator of a commercial motor
 vehicle (including an independent contractor when operating a commercial
 motor vehicle), a mechanic, a freight handler, or an individual not an
 employer, who-- []  (A) directly affects commercial motor vehicle safety in
 the course of employment; and []  (B) is not an employee of the United States Government,
 a State, or a political subdivision of a State acting in the course of
 the employment by the Government, a State, or a political subdivision of
 a State. []  (3) `employer'-- []  (A) means a person engaged in a business affecting interstate
 commerce that owns or leases a commercial motor vehicle in connection with
 that business, or assigns an employee to operate it; but []  (B) does not include the Government, a State, or a political
 subdivision of a State. []  (4) `interstate commerce' means trade, traffic, or
 transportation in the United States between a place in a State and--
 []  (A) a place outside that State (including a place outside
 the United States); or []  (B) another place in the same State through another State
 or through a place outside the United States. []  (5) `intrastate commerce' means trade, traffic, or
 transportation in a State that is not interstate commerce. []  (6) `regulation' includes a standard or order. []  (7) `State' means a State of the United States, the
 District of Columbia, and, in sections 31136 and 31140-31142 of this title,
 a political subdivision of a State. []  (8) `State law' includes a law enacted by a political
 subdivision of a State. []  (9) `State regulation' includes a regulation prescribed by
 a political subdivision of a State. []  (10) `United States' means the States of the United States
 and the District of Columbia. [] Sec. 31133. General powers of the Secretary of Transportation
 []  (a) GENERAL- In carrying out this subchapter and regulations
 prescribed under section 31102 of this title, the Secretary of Transportation
 may-- []  (1) conduct inspections and investigations; []  (2) compile statistics; []  (3) make reports; []  (4) issue subpenas; []  (5) require production of records and property; []  (6) take depositions; []  (7) hold hearings; []  (8) prescribe recordkeeping and reporting requirements;
 []  (9) conduct or make contracts for studies, development,
 testing, evaluation, and training; and []  (10) perform other acts the Secretary considers
 appropriate. []  (b) CONSULTATION- In conducting inspections and
 investigations under subsection (a) of this section, the Secretary shall
 consult, as appropriate, with employers and employees and their authorized
 representatives and offer them a right of accompaniment. []  (c) DELEGATION- The Secretary may delegate to a State
 receiving a grant under section 31102 of this title those duties and
 powers related to enforcement (including conducting investigations) of
 this subchapter and regulations prescribed under this subchapter that the
 Secretary considers appropriate. [] Sec. 31134. Commercial Motor Vehicle Safety Regulatory Review
 Panel []  (a) ESTABLISHMENT AND GENERAL DUTY- The Secretary of
 Transportation shall establish the Commercial Motor Vehicle Safety Regulatory
 Review Panel. The Panel shall analyze and review State laws and regulations
 under sections 31140 and 31141 of this title. []  (b) SPECIFIC DUTIES- The Panel shall-- []  (1) carry out those duties and powers designated to be carried
 out by the Panel under sections 31140 and 31141 of this title; []  (2) conduct a study to-- []  (A) evaluate the need, if any, for additional assistance from
 the United States Government to the States to enable them to enforce the
 regulations prescribed by the Secretary under section 31136 of this title;
 and []  (B) decide on other methods of furthering the purposes of
 this subchapter; and []  (3) make recommendations to the Secretary based on the results
 of the study conducted under clause (2) of this subsection. []  (c) COMPOSITION, APPOINTMENT, AND TERMS- (1) The Panel
 shall be composed of 15 members as follows: []  (A) the Secretary or the Secretary's delegate. []  (B) 7 individuals appointed by the Secretary from
 among individuals who represent the interests of States and political
 subdivisions of States and whose names have been submitted to the Secretary
 by the Committee on Commerce, Science, and Transportation of the Senate
 or the Committee on Public Works and Transportation of the House of
 Representatives. []  (C) 7 individuals appointed by the Secretary from among
 individuals who represent the interests of business, consumer, labor,
 and safety groups and whose names have been submitted to the Secretary
 by the Committee on Commerce, Science, and Transportation of the Senate
 or the Committee on Public Works and Transportation of the House of
 Representatives. []  (2) The Secretary shall select the individuals to be
 appointed under this subsection on the basis of their knowledge, expertise,
 or experience related to commercial motor vehicle safety. Half of the
 appointments shall be made from names submitted by the Committee on Commerce,
 Science, and Transportation of the Senate, and the other half from names
 submitted by the Committee on Public Works and Transportation of the House
 of Representatives. Each of these committees shall submit to the Secretary
 the names of 20 individuals qualified to serve on the Panel. []  (3) The term of each member of the Panel appointed under
 paragraph (1)(B) and (C) of this subsection is 7 years. []  (4) A vacancy on the Panel shall be filled in the way the
 original appointment was made. The vacancy does not affect the Panel's
 powers. []  (d) CHAIRMAN, QUORUM, MEETINGS, AND PAY- (1) The Secretary
 is the Chairman of the Panel. []  (2) Eight members of the Panel are a quorum, but the Panel
 may establish a lesser number as a quorum to hold hearings, take testimony,
 and receive evidence. []  (3) The Panel shall meet at the call of the Chairman or a
 majority of its members. []  (4) Members of the Panel shall serve without pay, except
 that they shall receive per diem and travel expenses under section 5703 of
 title 5. []  (e) PERSONNEL, OFFICE SPACE, AND SUPPORT SERVICES- On
 request of the Panel, the Secretary shall-- []  (1) detail personnel of the Department of Transportation
 to the Panel as necessary to assist the Panel in carrying out its duties
 and powers; and []  (2) provide office space, supplies, equipment, and other
 support services to the Panel as necessary for the Panel to carry out its
 duties and powers. []  (f) HEARINGS AND OTHER ACTIONS- To carry out the duties
 and powers of the Panel under this subchapter, the Panel or any member
 authorized by the Panel may hold hearings, sit and act at times and places,
 take testimony, and take other actions the Panel or the member considers
 advisable. A member of the Panel may administer oaths to witnesses appearing
 before the Panel or the member. []  (g) TEMPORARY AND INTERMITTENT SERVICES- Subject to
 regulations the Panel may prescribe, the Chairman may procure the temporary
 or intermittent services of experts or consultants under section 3109 of
 title 5. [] Sec. 31135. Duties of employers and employees []  Each employer and employee shall comply with regulations
 on commercial motor vehicle safety prescribed by the Secretary of
 Transportation under this subchapter that apply to the employer's or
 employee's conduct. [] Sec. 31136. United States Government regulations []  (a) MINIMUM SAFETY STANDARDS- Subject to section 30103(a)
 of this title, the Secretary of Transportation shall prescribe regulations
 on commercial motor vehicle safety. The regulations shall prescribe minimum
 safety standards for commercial motor vehicles. At a minimum, the regulations
 shall ensure that-- []  (1) commercial motor vehicles are maintained, equipped,
 loaded, and operated safely; []  (2) the responsibilities imposed on operators of commercial
 motor vehicles do not impair their ability to operate the vehicles safely;
 []  (3) the physical condition of operators of commercial motor
 vehicles is adequate to enable them to operate the vehicles safely; and
 []  (4) the operation of commercial motor vehicles does not have a
 deleterious effect on the physical condition of the operators. []  (b) ELIMINATING AND AMENDING EXISTING REGULATIONS- The
 Secretary may not eliminate or amend an existing motor carrier safety
 regulation related only to the maintenance, equipment, loading, or operation
 (including routing) of vehicles carrying material found to be hazardous
 under section 5103 of this title until an equivalent or more stringent
 regulation has been prescribed under section 5103. []  (c) PROCEDURES AND CONSIDERATIONS- (1) A regulation under
 this section shall be prescribed under section 553 of title 5 (without
 regard to sections 556 and 557 of title 5). []  (2) Before prescribing regulations under this section,
 the Secretary shall consider, to the extent practicable and consistent with
 the purposes of this chapter-- []  (A) costs and benefits; and []  (B) State laws and regulations on commercial motor vehicle
 safety, to minimize their unnecessary preemption. []  (d) EFFECT OF EXISTING REGULATIONS- If the Secretary does
 not prescribe regulations on commercial motor vehicle safety under this
 section, regulations on commercial motor vehicle safety prescribed by the
 Secretary before October 30, 1984, and in effect on October 30, 1984, shall
 be deemed in this subchapter to be regulations prescribed by the Secretary
 under this section. []  (e) WAIVERS- After notice and an opportunity for comment,
 the Secretary may waive any part of a regulation prescribed under this section
 as it applies to a person or class of persons, if the Secretary decides that
 the waiver is consistent with the public interest and the safe operation of
 commercial motor vehicles. Under this subsection, the Secretary shall waive
 the regulations prescribed under this section as they apply to schoolbuses
 (as defined in section 30125(a) of this title) unless the Secretary decides
 that making the regulations applicable to schoolbuses is necessary for public
 safety, considering all laws of the United States and States applicable
 to schoolbuses. A waiver under this subsection shall be published in the
 Federal Register, with the reasons for the waiver. []  (f) LIMITATIONS ON MUNICIPALITY AND COMMERCIAL ZONE EXEMPTIONS
 AND WAIVERS- (1) The Secretary may not-- []  (A) exempt a person or commercial motor vehicle from a
 regulation related to commercial motor vehicle safety only because the
 operations of the person or vehicle are entirely in a municipality or
 commercial zone of a municipality; or []  (B) waive application to a person or commercial motor vehicle
 of a regulation related to commercial motor vehicle safety only because
 the operations of the person or vehicle are entirely in a municipality or
 commercial zone of a municipality. []  (2) If a person was authorized to operate a commercial motor
 vehicle in a municipality or commercial zone of a municipality in the United
 States for the entire period from November 19, 1987, through November 18,
 1988, and if the person is otherwise qualified to operate a commercial
 motor vehicle, the person may operate a commercial motor vehicle entirely
 in a municipality or commercial zone of a municipality notwithstanding--
 []  (A) paragraph (1) of this subsection; []  (B) a minimum age requirement of the United States Government
 for operation of the vehicle; and []  (C) a medical or physical condition that-- []  (i) would prevent an operator from operating a commercial
 motor vehicle under the commercial motor vehicle safety regulations in
 title 49, Code of Federal Regulations; []  (ii) existed on July 1, 1988; []  (iii) has not substantially worsened; and []  (iv) does not involve alcohol or drug abuse. []  (3) This subsection does not affect a State commercial
 motor vehicle safety law applicable to intrastate commerce. [] Sec. 31137. Monitoring device and brake maintenance regulations
 []  (a) USE OF MONITORING DEVICES- If the Secretary of
 Transportation prescribes a regulation about the use of monitoring devices on
 commercial motor vehicles to increase compliance by operators of the vehicles
 with hours of service regulations of the Secretary, the regulation shall
 ensure that the devices are not used to harass vehicle operators. However, the
 devices may be used to monitor productivity of the operators. []  (b) BRAKES AND BRAKE SYSTEMS MAINTENANCE REGULATIONS- Not
 later than December 31, 1990, the Secretary shall prescribe regulations
 on improved standards or methods to ensure that brakes and brake systems of
 commercial motor vehicles are maintained properly and inspected by appropriate
 employees. At a minimum, the regulations shall establish minimum training
 requirements and qualifications for employees responsible for maintaining
 and inspecting the brakes and brake systems. [] Sec. 31138. Minimum financial responsibility for transporting
 passengers []  (a) GENERAL REQUIREMENT- The Secretary of Transportation shall
 prescribe regulations to require minimum levels of financial responsibility
 sufficient to satisfy liability amounts established by the Secretary covering
 public liability and property damage for the transportation of passengers
 for compensation by motor vehicle in the United States between a place in
 a State and-- []  (1) a place in another State; []  (2) another place in the same State through a place outside
 of that State; or []  (3) a place outside the United States. []  (b) MINIMUM AMOUNTS- The level of financial responsibility
 established under subsection (a) of this section for a motor vehicle with
 a seating capacity of-- []  (1) at least 16 passengers shall be at least $5,000,000;
 and []  (2) not more than 15 passengers shall be at least
 $1,500,000. []  (c) EVIDENCE OF FINANCIAL RESPONSIBILITY- (1) Subject to
 paragraph (2) of this subsection, financial responsibility may be established
 by evidence of one or a combination of the following if acceptable to the
 Secretary of Transportation: []  (A) insurance, including high self-retention. []  (B) a guarantee. []  (C) a surety bond issued by a bonding company authorized
 to do business in the United States. []  (2) A person domiciled in a country contiguous to the
 United States and providing transportation to which a minimum level of
 financial responsibility under this section applies shall have evidence of
 financial responsibility in the motor vehicle when the person is providing
 the transportation. If evidence of financial responsibility is not in the
 vehicle, the Secretary of Transportation and the Secretary of the Treasury
 shall deny entry of the vehicle into the United States. []  (d) CIVIL PENALTY- (1) If, after notice and an opportunity
 for a hearing, the Secretary of Transportation finds that a person (except
 an employee acting without knowledge) has knowingly violated this section
 or a regulation prescribed under this section, the person is liable to
 the United States Government for a civil penalty of not more than $10,000
 for each violation. A separate violation occurs for each day the violation
 continues. []  (2) The Secretary of Transportation shall impose the penalty
 by written notice. In determining the amount of the penalty, the Secretary
 shall consider-- []  (A) the nature, circumstances, extent, and gravity of the
 violation; []  (B) with respect to the violator, the degree of culpability,
 any history of prior violations, the ability to pay, and any effect on the
 ability to continue doing business; and []  (C) other matters that justice requires. []  (3) The Secretary of Transportation may compromise the penalty
 before referring the matter to the Attorney General for collection. []  (4) The Attorney General shall bring a civil action in the
 appropriate district court of the United States to collect a penalty referred
 to the Attorney General for collection under this subsection. []  (5) The amount of the penalty may be deducted from amounts
 the Government owes the person. An amount collected under this section
 shall be deposited in the Treasury as miscellaneous receipts. []  (e) NONAPPLICATION- This section does not apply to a motor
 vehicle-- []  (1) transporting only school children and teachers to or
 from school; []  (2) providing taxicab service, having a seating capacity
 of not more than 6 passengers, and not being operated on a regular route
 or between specified places; or []  (3) carrying not more than 15 individuals in a single,
 daily round trip to and from work. [] Sec. 31139. Minimum financial responsibility for transporting
 property []  (a) DEFINITIONS- In this section-- []  (1) `farm vehicle' means a vehicle-- []  (A) designed or adapted and used only for agriculture;
 []  (B) operated by a motor private carrier (as defined in
 section 10102 of this title); and []  (C) operated only incidentally on highways. []  (2) `interstate commerce' includes transportation between
 a place in a State and a place outside the United States, to the extent
 the transportation is in the United States. []  (3) `State' means a State of the United States, the District
 of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and
 the Northern Mariana Islands. []  (b) GENERAL REQUIREMENT AND MINIMUM AMOUNT- (1) The Secretary
 of Transportation shall prescribe regulations to require minimum levels of
 financial responsibility sufficient to satisfy liability amounts established
 by the Secretary covering public liability, property damage, and environmental
 restoration for the transportation of property for compensation by motor
 vehicle in the United States between a place in a State and-- []  (A) a place in another State; []  (B) another place in the same State through a place outside
 of that State; or []  (C) a place outside the United States. []  (2) The level of financial responsibility established under
 paragraph (1) of this subsection shall be at least $750,000. []  (c) REQUIREMENTS FOR HAZARDOUS MATTER AND OIL- (1) The
 Secretary of Transportation shall prescribe regulations to require minimum
 levels of financial responsibility sufficient to satisfy liability amounts
 established by the Secretary covering public liability, property damage,
 and environmental restoration for the transportation by motor vehicle in
 interstate or intrastate commerce of-- []  (A) hazardous material (as defined by the Secretary);
 []  (B) oil or hazardous substances (as defined by the
 Administrator of the Environmental Protection Agency); or []  (C) hazardous wastes (as defined by the
 Administrator). []  (2)(A) Except as provided in subparagraph (B) of this
 paragraph, the level of financial responsibility established under paragraph
 (1) of this subsection shall be at least $5,000,000 for the transportation--
 []  (i) of hazardous substances (as defined by the Administrator)
 in cargo tanks, portable tanks, or hopper-type vehicles, with capacities
 of more than 3,500 water gallons; []  (ii) in bulk of class A explosives, poison gas, liquefied
 gas, or compressed gas; or []  (iii) of large quantities of radioactive material. []  (B) The Secretary of Transportation by regulation may reduce
 the minimum level in subparagraph (A) of this paragraph (to an amount not
 less than $1,000,000) for transportation described in subparagraph (A) in
 any of the territories of Puerto Rico, the Virgin Islands, American Samoa,
 Guam, and the Northern Mariana Islands if-- []  (i) the chief executive officer of the territory requests
 the reduction; []  (ii) the reduction will prevent a serious disruption in
 transportation service and will not adversely affect public safety; and
 []  (iii) insurance of $5,000,000 is not readily
 available. []  (3) The level of financial responsibility established under
 paragraph (1) of this subsection for the transportation of a material, oil,
 substance, or waste not subject to paragraph (2) of this subsection shall
 be at least $1,000,000. However, if the Secretary of Transportation finds
 it will not adversely affect public safety, the Secretary by regulation
 may reduce the amount for-- []  (A) a class of vehicles transporting such a material,
 oil, substance, or waste in intrastate commerce (except in bulk); and
 []  (B) a farm vehicle transporting such a material or substance
 in interstate commerce (except in bulk). []  (d) FOREIGN MOTOR CARRIERS AND PRIVATE CARRIERS- Regulations
 prescribed under this section may allow foreign motor carriers and foreign
 motor private carriers (as those terms are defined in section 10530 of
 this title) providing transportation of property under a certificate of
 registration issued under section 10530 to meet the minimum levels of
 financial responsibility under this section only when those carriers are
 providing transportation for property in the United States. []  (e) EVIDENCE OF FINANCIAL RESPONSIBILITY- (1) Subject to
 paragraph (2) of this subsection, financial responsibility may be established
 by evidence of one or a combination of the following if acceptable to the
 Secretary of Transportation: []  (A) insurance. []  (B) a guarantee. []  (C) a surety bond issued by a bonding company authorized
 to do business in the United States. []  (D) qualification as a self-insurer. []  (2) A person domiciled in a country contiguous to the
 United States and providing transportation to which a minimum level of
 financial responsibility under this section applies shall have evidence of
 financial responsibility in the motor vehicle when the person is providing
 the transportation. If evidence of financial responsibility is not in the
 vehicle, the Secretary of Transportation and the Secretary of the Treasury
 shall deny entry of the vehicle into the United States. []  (f) CIVIL PENALTY- (1) If, after notice and an opportunity
 for a hearing, the Secretary of Transportation finds that a person (except
 an employee acting without knowledge) has knowingly violated this section
 or a regulation prescribed under this section, the person is liable to
 the United States Government for a civil penalty of not more than $10,000
 for each violation. A separate violation occurs for each day the violation
 continues. []  (2) The Secretary of Transportation shall impose the penalty
 by written notice. In determining the amount of the penalty, the Secretary
 shall consider-- []  (A) the nature, circumstances, extent, and gravity of the
 violation; []  (B) with respect to the violator, the degree of culpability,
 any history of prior violations, the ability to pay, and any effect on the
 ability to continue doing business; and []  (C) other matters that justice requires. []  (3) The Secretary of Transportation may compromise the penalty
 before referring the matter to the Attorney General for collection. []  (4) The Attorney General shall bring a civil action in the
 appropriate district court of the United States to collect a penalty referred
 to the Attorney General for collection under this subsection. []  (5) The amount of the penalty may be deducted from amounts
 the Government owes the person. An amount collected under this section
 shall be deposited in the Treasury as miscellaneous receipts. []  (g) NONAPPLICATION- This section does not apply to a motor
 vehicle having a gross vehicle weight rating of less than 10,000 pounds if
 the vehicle is not used to transport in interstate or foreign commerce--
 []  (1) class A or B explosives; []  (2) poison gas; or []  (3) a large quantity of radioactive material. [] Sec. 31140. Submission of State laws and regulations for
 review []  (a) LAWS AND REGULATIONS IN EFFECT BEFORE APRIL 29, 1986-
 A State that had in effect a State law or regulation on commercial motor
 vehicle safety before April 29, 1986, and wants to enforce the law or
 regulation after October 29, 1989, shall submit a copy of the law or
 regulation to the Secretary of Transportation and the Commercial Motor
 Vehicle Safety Regulatory Review Panel. []  (b) LAWS ENACTED AND REGULATIONS ISSUED AFTER APRIL 29,
 1986- A State that enacts a State law or issues a regulation on commercial
 motor vehicle safety after April 29, 1986, shall submit a copy of the law
 or regulation to the Secretary and the Panel immediately after the enactment
 or issuance. []  (c) INITIAL GUIDELINES- The Secretary shall prescribe initial
 guidelines to assist the States in compiling and submitting State laws and
 regulations and other information under this section. []  (d) ADDITIONAL INFORMATION- As soon as practicable but not
 later than a date the Panel may establish, a State that submits a State
 law or regulation under this section to the Panel shall-- []  (1) indicate in writing to the Panel whether the law or
 regulation-- []  (A) has the same effect as a regulation prescribed by the
 Secretary under section 31136 of this title; []  (B) is less stringent than that regulation; or []  (C) is additional to or more stringent than that regulation;
 and []  (2) submit to the Panel other information the Panel or the
 Secretary may require to carry out this subchapter. [] Sec. 31141. Review and preemption of State laws and regulations
 []  (a) PREEMPTION AFTER DECISION- After October 29, 1989, a
 State may not enforce a State law or regulation on commercial motor vehicle
 safety that the Secretary of Transportation decides under this section may
 not be enforced. []  (b) ANALYSIS AND DECISIONS BY THE PANEL- (1) The Commercial
 Motor Vehicle Safety Regulatory Review Panel annually shall analyze State
 laws and regulations and decide which of those laws and regulations are
 related to commercial motor vehicle safety. []  (2) Not later than one year after the date the Secretary
 prescribes a regulation under section 31136 of this title or one year after
 the date the Panel decides under paragraph (1) of this subsection that
 a State law or regulation is related to commercial motor vehicle safety,
 whichever is later, the Panel shall-- []  (A) decide whether the State law or regulation-- []  (i) has the same effect as the regulation prescribed by
 the Secretary; []  (ii) is less stringent than that regulation; or []  (iii) is additional to or more stringent than that regulation;
 []  (B) decide, for each State law or regulation that the Panel
 decides is additional to or more stringent than the regulation prescribed
 by the Secretary, whether-- []  (i) the State law or regulation has no safety benefit;
 []  (ii) the State law or regulation is incompatible with the
 regulation prescribed by the Secretary; or []  (iii) enforcement of the State law or regulation would
 cause an unreasonable burden on interstate commerce; and []  (C) notify the Secretary of the Panel's decisions under
 this subsection. []  (c) REVIEW AND DECISIONS BY SECRETARY- (1) The Secretary shall
 review each State law and regulation on commercial motor vehicle safety. Not
 later than 18 months after the date the Panel notifies the Secretary of
 a decision under subsection (b) of this section, the Secretary shall--
 []  (A) conduct a regulatory proceeding to decide under
 this subsection whether the State law or regulation may be enforced; and
 []  (B) prescribe a final regulation. []  (2) If the Secretary decides a State law or regulation has
 the same effect as a regulation prescribed by the Secretary under section
 31136 of this title, the State law or regulation may be enforced after
 October 29, 1989. []  (3) If the Secretary decides a State law or regulation is
 less stringent than a regulation prescribed by the Secretary under section
 31136 of this title, the State law or regulation may not be enforced after
 October 29, 1989. []  (4) If the Secretary decides a State law or regulation
 is additional to or more stringent than a regulation prescribed by the
 Secretary under section 31136 of this title, the State law or regulation may
 be enforced after October 29, 1989, unless the Secretary also decides that--
 []  (A) the State law or regulation has no safety benefit;
 []  (B) the State law or regulation is incompatible with the
 regulation prescribed by the Secretary; or []  (C) enforcement of the State law or regulation would cause
 an unreasonable burden on interstate commerce. []  (5)(A) In deciding about a State law or regulation under
 this subsection, the Secretary shall give great weight to the corresponding
 decision made by the Panel about that law or regulation under subsection
 (b) of this section. []  (B) In deciding under paragraph (4) of this subsection
 whether a State law or regulation will cause an unreasonable burden on
 interstate commerce, the Secretary may consider the effect on interstate
 commerce of implementation of that law or regulation with the implementation
 of all similar laws and regulations of other States. []  (d) WAIVERS- (1) A person (including a State) may petition
 the Secretary for a waiver of a decision of the Secretary that a State law or
 regulation may not be enforced under this section. The Secretary shall grant
 the waiver, as expeditiously as possible, if the person demonstrates to the
 satisfaction of the Secretary that the waiver is consistent with the public
 interest and the safe operation of commercial motor vehicles. []  (2) Before deciding whether to grant or deny a petition for
 a waiver under this subsection, the Secretary shall give the petitioner an
 opportunity for a hearing on the record. []  (e) CONSOLIDATING PROCEEDINGS- The Secretary may consolidate
 regulatory proceedings under this section if the Secretary decides that the
 consolidation will not adversely affect a party to a proceeding. []  (f) WRITTEN NOTICE OF DECISIONS- Not later than 10 days
 after making a decision under subsection (c) of this section that a State
 law or regulation may not be enforced, the Secretary shall give written
 notice to the State of that decision. []  (g) JUDICIAL REVIEW AND VENUE- (1) Not later than 60 days
 after the Secretary makes a decision under subsection (c) of this section,
 or grants or denies a petition for a waiver under subsection (d) of this
 section, a person (including a State) adversely affected by the decision,
 grant, or denial may file a petition for judicial review. The petition may
 be filed in the court of appeals of the United States 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. []  (2) The court has jurisdiction to review the decision,
 grant, or denial and to grant appropriate relief, including interim relief,
 as provided in chapter 7 of title 5. []  (3) A judgment of a court under this subsection may be
 reviewed only by the Supreme Court under section 1254 of title 28. []  (4) The remedies provided for in this subsection are in
 addition to other remedies provided by law. []  (h) EXTENSIONS OF DEADLINE- (1) The Secretary may extend,
 for a period of not more than 12 months, the deadline of October 29, 1989,
 referred to in subsections (a) and (c) of this section and section 31140(a)
 of this title. On request of a State that is considering enacting a State law
 or prescribing a State regulation that may be enforced under this section,
 the Secretary-- []  (A) shall extend the deadline for that State for the period
 the State requests (but not more than 12 months); and []  (B) may extend the deadline for that State, in addition
 to the extension under clause (A) of this paragraph, for a period of not
 more than 12 more months if the additional extension is not contrary to
 the public interest and does not diminish the safe operation of commercial
 motor vehicles. []  (2) The total periods of extensions under this subsection
 for a State may not be more than 24 months. []  (i) INITIATING REVIEW PROCEEDINGS- To review a State law
 or regulation on commercial motor vehicle safety under this section,
 the Secretary may initiate a regulatory proceeding on the Secretary's
 own initiative or on petition of an interested person (including a
 State). [] Sec. 31142. Inspection of vehicles []  (a) INSPECTION OF SAFETY EQUIPMENT- On the instruction
 of an authorized enforcement official of a State or of the United States
 Government, a commercial motor vehicle is required to pass an inspection of
 all safety equipment required under part 393 of title 49, Code of Federal
 Regulations. []  (b) INSPECTION OF VEHICLES AND RECORD RETENTION- The Secretary
 of Transportation shall prescribe regulations on Government standards for
 inspection of commercial motor vehicles and retention by employers of records
 of an inspection. The standards shall provide for annual or more frequent
 inspections of a commercial motor vehicle unless the Secretary finds that
 another inspection system is as effective as an annual or more frequent
 inspection system. Regulations prescribed under this subsection are deemed
 to be regulations prescribed under section 31136 of this title. []  (c) PREEMPTION- (1) Except as provided in paragraph (2) of
 this subsection, this subchapter and section 31102 of this title do not--
 []  (A) prevent a State or voluntary group of States from
 imposing more stringent standards for use in their own periodic roadside
 inspection programs of commercial motor vehicles; []  (B) prevent a State from enforcing a program for inspection
 of commercial motor vehicles that the Secretary decides is as effective as
 the Government standards prescribed under subsection (b) of this section;
 []  (C) prevent a State from enforcing a program for inspection
 of commercial motor vehicles that meets the requirements for membership
 in the Commercial Vehicle Safety Alliance, as those requirements were in
 effect on October 30, 1984; or []  (D) require a State that is enforcing a program described
 in clause (B) or (C) of this paragraph to enforce a Government standard
 prescribed under subsection (b) of this section or to adopt a provision
 on inspection of commercial motor vehicles in addition to that program to
 comply with the Government standards. []  (2) The Government standards prescribed under subsection (b)
 of this section shall preempt a program of a State described in paragraph
 (1)(C) of this subsection as the program applies to the inspection of
 commercial motor vehicles in that State. The State may not enforce the
 program if the Secretary-- []  (A) decides, after notice and an opportunity for a hearing,
 that the State is not enforcing the program in a way that achieves the
 objectives of this section; and []  (B) after making a decision under clause (A) of this
 paragraph, provides the State with a 6-month period to improve the enforcement
 of the program to achieve the objectives of this section. []  (d) INSPECTION TO BE ACCEPTED AS ADEQUATE IN ALL STATES-
 A periodic inspection of a commercial motor vehicle under the Government
 standards prescribed under subsection (b) of this section or a program
 described in subsection (c)(1)(B) or (C) of this section that is being
 enforced shall be recognized as adequate in every State for the period
 of the inspection. This subsection does not prohibit a State from making
 random inspections of commercial motor vehicles. []  (e) EFFECT OF GOVERNMENT STANDARDS- The Government standards
 prescribed under subsection (b) of this section may not be enforced as the
 standards apply to the inspection of commercial motor vehicles in a State
 enforcing a program described in subsection (c)(1)(B) or (C) of this section
 if the Secretary decides that it is in the public interest and consistent
 with public safety for the Government standards not to be enforced as they
 apply to that inspection. []  (f) APPLICATION OF STATE REGULATIONS TO GOVERNMENT-LEASED
 VEHICLES AND OPERATORS- A State receiving financial assistance under
 section 31102 of this title in a fiscal year may enforce in that fiscal
 year a regulation on commercial motor vehicle safety adopted by the State
 as the regulation applies to commercial motor vehicles and operators leased
 to the Government. [] Sec. 31143. Investigating complaints and protecting
 complainants []  (a) INVESTIGATING COMPLAINTS- The Secretary of Transportation
 shall conduct a timely investigation of a nonfrivolous written complaint
 alleging that a substantial violation of a regulation prescribed under
 this subchapter is occurring or has occurred within the prior 60 days. The
 Secretary shall give the complainant timely notice of the findings of
 the investigation. The Secretary is not required to conduct separate
 investigations of duplicative complaints. []  (b) PROTECTING COMPLAINANTS- Notwithstanding section
 552 of title 5, the Secretary may disclose the identity of a complainant
 only if disclosure is necessary to prosecute a violation. If disclosure
 becomes necessary, the Secretary shall take every practical means within
 the Secretary's authority to ensure that the complainant is not subject to
 harassment, intimidation, disciplinary action, discrimination, or financial
 loss because of the disclosure. [] Sec. 31144. Safety fitness of owners and operators []  (a) PROCEDURE- (1) In cooperation with the Interstate Commerce
 Commission, the Secretary of Transportation shall prescribe regulations
 establishing a procedure to decide on the safety fitness of owners and
 operators of commercial motor vehicles, including persons seeking new or
 additional operating authority as motor carriers under sections 10922 and
 10923 of this title. The procedure shall include-- []  (A) specific initial and continuing requirements to be met
 by the owners, operators, and persons to prove safety fitness; []  (B) a means of deciding whether the owners, operators,
 and persons meet the safety fitness requirements under clause (A) of this
 paragraph; and []  (C) specific time deadlines for action by the Secretary
 and the Commission in making fitness decisions. []  (2) Regulations prescribed under this subsection supersede
 all regulations of the United States Government on safety fitness and safety
 rating of motor carriers in effect on October 30, 1984. []  (b) FINDINGS AND ACTION ON APPLICATIONS- The Commission
 shall-- []  (1) find an applicant for authority to operate as a motor
 carrier unfit if the applicant does not meet the safety fitness requirements
 established under subsection (a) of this section; and []  (2) deny the application. [] Sec. 31145. Coordination of Governmental activities and
 paperwork []  The Secretary of Transportation shall coordinate the
 activities of departments, agencies, and instrumentalities of the United
 States Government to ensure adequate protection of the safety and health
 of operators of commercial motor vehicles. The Secretary shall attempt
 to minimize paperwork burdens to ensure maximum coordination and to avoid
 overlap and the imposition of unreasonable burdens on persons subject to
 regulations under this subchapter. [] Sec. 31146. Relationship to other laws []  Except as provided in section 31136(b) of this title, this
 subchapter and the regulations prescribed under this subchapter do not
 affect chapter 51 of this title or a regulation prescribed under chapter
 51. [] Sec. 31147. Limitations on authority []  (a) TRAFFIC REGULATIONS- This subchapter does not authorize
 the Secretary of Transportation to prescribe traffic safety regulations
 or preempt State traffic regulations. However, the Secretary may prescribe
 traffic regulations to the extent their subject matter was regulated under
 parts 390-399 of title 49, Code of Federal Regulations, on October 30,
 1984. []  (b) REGULATING THE MANUFACTURING OF VEHICLES- This subchapter
 does not authorize the Secretary to regulate the manufacture of commercial
 motor vehicles for any purpose, including fuel economy, safety, or emission
 control. [] SUBCHAPTER IV--MISCELLANEOUS [] Sec. 31161. Procedures to ensure timely correction of safety
 violations []  (a) DEFINITION- Section 31132(1) of this title applies to
 this section. []  (b) GENERAL- Not later than August 3, 1991, the Secretary
 of Transportation shall prescribe regulations establishing procedures to
 ensure the proper and timely correction of commercial motor vehicle safety
 violations noted during an inspection carried out with money authorized
 under subchapter I of this chapter. []  (c) VERIFICATION PROGRAM- The regulations shall establish
 a verification program for United States Government inspectors and States
 participating under subchapter I of this chapter to ensure that commercial
 motor vehicles and their operators found in violation of safety requirements
 have been brought into compliance with those requirements. The regulations
 shall include-- []  (1) a nationwide system for random reinspection of the
 commercial motor vehicles and their operators that have been declared
 out-of-service because of those safety violations, with the main purpose
 of the system being to verify that the violations have been corrected on
 a timely basis; []  (2) a program of accountability for correcting all safety
 violations that shall provide that-- []  (A) the operator of a commercial motor vehicle for which
 a safety violation has been noted shall be issued a form prescribed by the
 Secretary; []  (B) the person making the repairs necessary to correct the
 violation shall certify on the form the making of repairs and the date,
 location, and time of the repairs; []  (C) the motor carrier responsible for the commercial motor
 vehicle or operator shall certify on the form that, based on the carrier's
 knowledge, the repairs necessary to correct the violation have been made;
 and []  (D) appropriate State penalties shall be imposed for a false
 statement on the form or a failure to return the form to the appropriate
 State entity; and []  (3) a system for ensuring that appropriate State penalties are
 imposed for failure to correct any of those safety violations. [] CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS [] Sec. [] 31301. Definitions. [] 31302. Limitation on the number of driver's licenses. [] 31303. Notification requirements. [] 31304. Employer responsibilities. [] 31305. Testing of operators. [] 31306. Commercial driver's license. [] 31307. Commercial driver's license information
 system. [] 31308. Disqualifications. [] 31309. Requirements for State participation. [] 31310. Grants for testing and ensuring the fitness of
 operators of commercial motor vehicles. [] 31311. Grants for issuing commercial drivers' licenses and
 complying with State participation requirements. [] 31312. Withholding amounts for State noncompliance. [] 31313. Waiver authority. [] 31314. Limitation on statutory construction. [] 31315. Procedure for prescribing regulations. [] Sec. 31301. Definitions []  In this chapter-- []  (1) `alcohol' has the same meaning given the term `alcoholic
 beverage' in section 158(c) of title 23. []  (2) `commerce' means trade, traffic, and transportation--
 []  (A) in the jurisdiction of the United States between a
 place in a State and a place outside that State (including a place outside
 the United States); or []  (B) in the United States that affects trade, traffic,
 and transportation described in subclause (A) of this clause. []  (3) `commercial driver's license' means a license issued
 by a State to an individual authorizing the individual to operate a class
 of commercial motor vehicles. []  (4) `commercial motor vehicle' means a motor vehicle used
 in commerce to transport passengers or property that-- []  (A) has a gross vehicle weight rating of at least 26,001
 pounds or a lesser gross vehicle weight rating the Secretary of Transportation
 prescribes by regulation, but not less than a gross vehicle weight rating
 of 10,001 pounds; []  (B) is designed to transport at least 16 passengers including
 the driver; or []  (C) is used to transport material found by the Secretary to be
 hazardous under section 5103 of this title, except a vehicle-- []  (i) not satisfying the weight requirements of subclause
 (A) of this clause; []  (ii) transporting material listed as hazardous under
 section 306(a) of the Comprehensive Environmental Response, Compensation,
 and Liability Act of 1980 (42 U.S.C. 9656(a)) and not otherwise regulated
 by the Secretary or transporting a consumer commodity or limited quantity
 of hazardous material as defined in section 171.8 of title 49, Code of
 Federal Regulations; and []  (iii) not given a waiver of this exception (individually
 or as part of a class of motor vehicles) by the Secretary in the interest
 of safety. []  (5) `controlled substance' has the same meaning given that
 term in section 102 of the Comprehensive Drug Abuse Prevention and Control
 Act of 1970 (21 U.S.C. 802). []  (6) `driver's license' means a license issued by a State
 to an individual authorizing the individual to operate a motor vehicle on
 highways. []  (7) `employee' means an operator of a commercial motor
 vehicle (including an independent contractor when operating a commercial
 motor vehicle) who is employed by an employer. []  (8) `employer' means a person (including the United States
 Government, a State, or a political subdivision of a State) that owns
 or leases a commercial motor vehicle or assigns employees to operate a
 commercial motor vehicle. []  (9) `felony' means an offense under a law of the United
 States or a State that is punishable by death or imprisonment for more than
 one year. []  (10) `hazardous material' has the same meaning given that
 term in section 5102 of this title. []  (11) `motor vehicle' means a vehicle, machine, tractor,
 trailer, or semitrailer propelled or drawn by mechanical power and used on
 public streets, roads, or highways, but does not include a vehicle, machine,
 tractor, trailer, or semitrailer operated only on a rail line. []  (12) `serious traffic violation' means-- []  (A) excessive speeding, as defined by the Secretary by
 regulation; []  (B) reckless driving, as defined under State or local law;
 []  (C) a violation of a State or local law on motor vehicle
 traffic control (except a parking violation) and involving a fatality; and
 []  (D) any other similar violation of a State or local law
 on motor vehicle traffic control (except a parking violation) that the
 Secretary designates by regulation as serious. []  (13) `State' means a State of the United States and the
 District of Columbia. []  (14) `United States' means the States of the United States
 and the District of Columbia. [] Sec. 31302. Limitation on the number of driver's licenses
 []  An individual operating a commercial motor vehicle may
 have only one driver's license at any time, except during the 10-day period
 beginning on the date the individual is issued a driver's license. [] Sec. 31303. Notification requirements []  (a) VIOLATIONS- An individual operating a commercial motor
 vehicle, having a driver's license issued by a State, and violating a State
 or local law on motor vehicle traffic control (except a parking violation)
 shall notify the individual's employer of the violation. If the violation
 occurred in a State other than the issuing State, the individual also shall
 notify a State official designated by the issuing State. The notifications
 required by this subsection shall be made not later than 30 days after the
 date the individual is found to have committed the violation. []  (b) REVOCATIONS, SUSPENSIONS, AND CANCELLATIONS- An employee
 who has a driver's license revoked, suspended, or canceled by a State, who
 loses the right to operate a commercial motor vehicle in a State for any
 period, or who is disqualified from operating a commercial motor vehicle
 for any period, shall notify the employee's employer of the action not
 later than 30 days after the date of the action. []  (c) PREVIOUS EMPLOYMENT- (1) Subject to paragraph (2) of
 this subsection, an individual applying for employment as an operator of
 a commercial motor vehicle shall notify the prospective employer, at the
 time of the application, of any previous employment as an operator of a
 commercial motor vehicle. []  (2) The Secretary of Transportation shall prescribe by
 regulation the period for which notice of previous employment must be given
 under paragraph (1) of this subsection. However, the period may not be less
 than the 10-year period ending on the date of the application. [] Sec. 31304. Employer responsibilities []  An employer may not knowingly allow an employee to operate
 a commercial motor vehicle in the United States during a period in which
 the employee-- []  (1) has a driver's license revoked, suspended, or canceled
 by a State, has lost the right to operate a commercial motor vehicle in a
 State, or has been disqualified from operating a commercial motor vehicle;
 or []  (2) has more than one driver's license (except as allowed
 under section 31302 of this title). [] Sec. 31305. Testing of operators []  (a) MINIMUM STANDARDS FOR TESTING AND FITNESS- The Secretary
 of Transportation shall prescribe regulations on minimum standards for
 testing and ensuring the fitness of an individual operating a commercial
 motor vehicle. The regulations-- []  (1) shall prescribe minimum standards for written and driving
 tests of an individual operating a commercial motor vehicle; []  (2) shall require an individual who operates or will operate
 a commercial motor vehicle to take a driving test in a vehicle representative
 of the type of vehicle the individual operates or will operate; []  (3) shall prescribe minimum testing standards for the
 operation of a commercial motor vehicle and may prescribe different minimum
 testing standards for different classes of commercial motor vehicles;
 []  (4) shall ensure that an individual taking the tests has
 a working knowledge of-- []  (A) regulations on the safe operation of a commercial
 motor vehicle prescribed by the Secretary and contained in title 49, Code
 of Federal Regulations; and []  (B) safety systems of the vehicle; []  (5) shall ensure that an individual who operates or
 will operate a commercial motor vehicle carrying a hazardous material--
 []  (A) is qualified to operate the vehicle under regulations
 on motor vehicle transportation of hazardous material prescribed under
 chapter 51 of this title; and []  (B) has a working knowledge of-- []  (i) those regulations; []  (ii) the handling of hazardous material; []  (iii) the operation of emergency equipment used in response
 to emergencies arising out of the transportation of hazardous material;
 and []  (iv) appropriate response procedures to follow in those
 emergencies; []  (6) shall establish minimum scores for passing the tests;
 []  (7) shall ensure that an individual taking the tests is
 qualified to operate a commercial motor vehicle under regulations prescribed
 by the Secretary and contained in title 49, Code of Federal Regulations,
 to the extent the regulations apply to the individual; and []  (8) may require-- []  (A) issuance of a certification of fitness to operate a
 commercial motor vehicle to an individual passing the tests; and []  (B) the individual to have a copy of the certification in
 the individual's possession when the individual is operating a commercial
 motor vehicle. []  (b) REQUIREMENTS FOR OPERATING VEHICLES- (1) Except as
 provided in paragraph (2) of this subsection, an individual may operate a
 commercial motor vehicle only if the individual has passed written and driving
 tests to operate the vehicle that meet the minimum standards prescribed by
 the Secretary under subsection (a) of this section. []  (2) The Secretary may prescribe regulations providing that
 an individual may operate a commercial motor vehicle for not more than 90
 days if the individual-- []  (A) passes a driving test for operating a commercial motor
 vehicle that meets the minimum standards prescribed under subsection (a)
 of this section; and []  (B) has a driver's license that is not suspended, revoked,
 or canceled. []  (3) Paragraph (1) of this subsection becomes effective on
 the date the Secretary shall establish by regulation. The date shall be as
 soon as practicable but not later than April 1, 1992. [] Sec. 31306. Commercial driver's license []  After consultation with the States, the Secretary of
 Transportation shall prescribe regulations on minimum uniform standards
 for the issuance of commercial drivers' licenses by the States and for
 information to be contained on each of the licenses. The standards shall
 require at a minimum that-- []  (1) an individual issued a commercial driver's license pass
 written and driving tests for the operation of a commercial motor vehicle
 that comply with the minimum standards prescribed by the Secretary under
 section 31305(a) of this title; []  (2) the license be tamperproof to the maximum extent
 practicable; and []  (3) the license contain-- []  (A) the name and address of the individual issued the
 license and a physical description of the individual; []  (B) the social security account number or other number or
 information the Secretary decides is appropriate to identify the individual;
 []  (C) the class or type of commercial motor vehicle the
 individual is authorized to operate under the license; []  (D) the name of the State that issued the license; and
 []  (E) the dates between which the license is valid. [] Sec. 31307. Commercial driver's license information system
 []  (a) GENERAL REQUIREMENT- The Secretary of Transportation shall
 make an agreement under subsection (b) of this section for the operation of,
 or establish under subsection (c) of this section, an information system
 that will serve as a clearinghouse and depository of information about the
 licensing, identification, and disqualification of operators of commercial
 motor vehicles. The Secretary shall consult with the States in carrying
 out this section. []  (b) STATE AGREEMENTS- If the Secretary decides that an
 information system used by a State or States about the driving status of
 operators of motor vehicles or another State-operated information system
 could be used to carry out this section, and the State or States agree to
 the use of the system for carrying out this section, the Secretary may make
 an agreement with the State or States to use the system as provided in this
 section and section 31309(c) of this title. An agreement made under this
 subsection shall contain terms the Secretary considers necessary to carry
 out this chapter. []  (c) ESTABLISHMENT BY SECRETARY- If the Secretary does not
 make an agreement under subsection (b) of this section, the Secretary shall
 establish an information system about the driving status and licensing of
 operators of commercial motor vehicles as provided in this section. []  (d) CONTENTS- (1) At a minimum, the information system under
 this section shall include for each operator of a commercial motor vehicle--
 []  (A) information the Secretary considers appropriate to
 ensure identification of the operator; []  (B) the name, address, and physical description of the
 operator; []  (C) the social security account number of the operator or
 other number or information the Secretary considers appropriate to identify
 the operator; []  (D) the name of the State that issued the license to the
 operator; []  (E) the dates between which the license is valid; and
 []  (F) whether the operator had a commercial motor vehicle
 driver's license revoked, suspended, or canceled by a State, lost the right
 to operate a commercial motor vehicle in a State for any period, or has
 been disqualified from operating a commercial motor vehicle. []  (2) Not later than December 31, 1990, the Secretary
 shall prescribe regulations on minimum uniform standards for a biometric
 identification system to ensure the identification of operators of commercial
 motor vehicles. []  (e) AVAILABILITY OF INFORMATION- (1) On request of a State,
 the Secretary or the operator of the information system, as the case may be,
 may make available to the State information in the information system under
 this section. []  (2) On request of an employee, the Secretary or the operator
 of the information system, as the case may be, may make available to the
 employee information in the information system about the employee. []  (3) On request of an employer or prospective employer of
 an employee and after notification to the employee, the Secretary or the
 operator of the information system, as the case may be, may make available
 to the employer or prospective employer information in the information
 system about the employee. []  (4) On the request of the Secretary, the operator of
 the information system shall make available to the Secretary information
 about the driving status and licensing of operators of commercial motor
 vehicles (including information required by subsection (d)(1) of this
 section). []  (f) FEE SYSTEM- If the Secretary establishes an information
 system under this section, the Secretary shall establish a fee system for
 using the information system. Fees collected under this subsection in a
 fiscal year shall equal as nearly as possible the costs of operating the
 information system in that fiscal year. The Secretary shall deposit fees
 collected under this subsection in the Highway Trust Fund (except the Mass
 Transit Account). [] Sec. 31308. Disqualifications []  (a) BLOOD ALCOHOL CONCENTRATION LEVEL- In this section,
 the blood alcohol concentration level at or above which an individual when
 operating a commercial motor vehicle is deemed to be driving under the
 influence of alcohol is .04 percent. []  (b) FIRST VIOLATION OR COMMITTING FELONY- (1) Except as
 provided in paragraph (2) of this subsection and subsection (c) of this
 section, the Secretary of Transportation shall disqualify from operating a
 commercial motor vehicle for at least one year an individual-- []  (A) committing a first violation of driving a commercial
 motor vehicle under the influence of alcohol or a controlled substance;
 []  (B) committing a first violation of leaving the scene of an
 accident involving a commercial motor vehicle operated by the individual;
 or []  (C) using a commercial motor vehicle in committing a felony
 (except a felony described in subsection (d) of this section). []  (2) If the vehicle involved in a violation referred to
 in paragraph (1) of this subsection is transporting hazardous material
 required to be placarded under section 5103 of this title, the Secretary
 shall disqualify the individual for at least 3 years. []  (c) SECOND AND MULTIPLE VIOLATIONS- (1) Subject to paragraph
 (2) of this subsection, the Secretary shall disqualify from operating a
 commercial motor vehicle for life an individual-- []  (A) committing more than one violation of driving a commercial
 motor vehicle under the influence of alcohol or a controlled substance;
 []  (B) committing more than one violation of leaving the scene of
 an accident involving a commercial motor vehicle operated by the individual;
 []  (C) using a commercial motor vehicle in committing more
 than one felony arising out of different criminal episodes; or []  (D) committing any combination of single violations or use
 described in clauses (A)-(C) of this paragraph. []  (2) The Secretary may prescribe regulations establishing
 guidelines (including conditions) under which a disqualification for life
 under paragraph (1) of this subsection may be reduced to a period of not
 less than 10 years. []  (d) CONTROLLED SUBSTANCE VIOLATIONS- The Secretary shall
 disqualify from operating a commercial motor vehicle for life an individual
 who uses a commercial motor vehicle in committing a felony involving
 manufacturing, distributing, or dispensing a controlled substance, or
 possession with intent to manufacture, distribute, or dispense a controlled
 substance. []  (e) SERIOUS TRAFFIC VIOLATIONS- (1) The Secretary shall
 disqualify from operating a commercial motor vehicle for at least 60 days
 an individual who, in a 3-year period, commits 2 serious traffic violations
 involving a commercial motor vehicle operated by the individual. []  (2) The Secretary shall disqualify from operating a commercial
 motor vehicle for at least 120 days an individual who, in a 3-year period,
 commits 3 serious traffic violations involving a commercial motor vehicle
 operated by the individual. []  (f) STATE DISQUALIFICATION- Notwithstanding subsections
 (b)-(e) of this section, the Secretary does not have to disqualify an
 individual from operating a commercial motor vehicle if the State that
 issued the individual a license authorizing the operation has disqualified
 the individual from operating a commercial motor vehicle under subsections
 (b)-(e). Revocation, suspension, or cancellation of the license is deemed
 to be disqualification under this subsection. []  (g) OUT-OF-SERVICE ORDERS- (1) To enforce section 392.5
 of title 49, Code of Federal Regulations, the Secretary shall prescribe
 regulations establishing and enforcing an out-of-service period of 24 hours
 for an individual who violates section 392.5. An individual may not violate
 an out-of-service order issued under this paragraph. []  (2) The Secretary shall prescribe regulations establishing
 and enforcing requirements for reporting out-of-service orders issued under
 regulations prescribed under paragraph (1) of this subsection. Regulations
 prescribed under this paragraph shall require, at a minimum, an operator of
 a commercial motor vehicle who is issued an out-of-service order to report
 the issuance to the individual's employer and to the State that issued the
 operator a driver's license. [] Sec. 31309. Requirements for State participation []  (a) GENERAL- To avoid having amounts withheld from
 apportionment under section 31312 of this title, a State shall comply with
 the following requirements: []  (1) The State shall adopt and carry out a program for
 testing and ensuring the fitness of individuals to operate commercial motor
 vehicles consistent with the minimum standards prescribed by the Secretary
 of Transportation under section 31305(a) of this title. []  (2) The State may issue a commercial driver's license to
 an individual only if the individual passes written and driving tests for
 the operation of a commercial motor vehicle that complies with the minimum
 standards. []  (3) The State shall have in effect and enforce a law providing
 that an individual with a blood alcohol concentration level at or above
 the level established by section 31308(a) of this title when operating a
 commercial motor vehicle is deemed to be driving under the influence of
 alcohol. []  (4) The State shall authorize an individual to operate a
 commercial motor vehicle only by issuing a commercial driver's license
 containing the information described in section 31306(3) of this
 title. []  (5) At least 60 days before issuing a commercial driver's
 license (or a shorter period the Secretary prescribes by regulation),
 the State shall notify the Secretary or the operator of the information
 system under section 31307 of this title, as the case may be, of the
 proposed issuance of the license and other information the Secretary
 may require to ensure identification of the individual applying for the
 license. []  (6) Before issuing a commercial driver's license to an
 individual, the State shall request from any other State that has issued
 a commercial driver's license to the individual all information about the
 driving record of the individual. []  (7) Not later than 30 days after issuing a commercial
 driver's license, the State shall notify the Secretary or the operator of
 the information system under section 31307 of this title, as the case may
 be, of the issuance. []  (8) Not later than 10 days after disqualifying the holder
 of a commercial driver's license from operating a commercial motor vehicle
 (or after revoking, suspending, or canceling the license) for at least 60
 days, the State shall notify the Secretary or the operator of the information
 system under section 31307 of this title, as the case may be, and the State
 that issued the license, of the disqualification, revocation, suspension,
 or cancellation. []  (9) If an individual operating a commercial motor vehicle
 violates a State or local law on motor vehicle traffic control (except
 a parking violation) and the individual has a driver's license issued by
 another State, the State in which the violation occurred shall notify a
 State official designated by the issuing State of the violation not later
 than 10 days after the date the individual is found to have committed the
 violation. []  (10) The State may not issue a commercial driver's license
 to an individual during a period in which the individual is disqualified
 from operating a commercial motor vehicle or the individual's driver's
 license is revoked, suspended, or canceled. []  (11) The State may issue a commercial driver's license
 to an individual who has a commercial driver's license issued by another
 State only if the individual first returns the driver's license issued by
 the other State. []  (12) The State may issue a commercial driver's license only
 to an individual who operates or will operate a commercial motor vehicle
 and is domiciled in the State, except that, under regulations the Secretary
 shall prescribe, the State may issue a commercial driver's license to an
 individual who operates or will operate a commercial motor vehicle and is not
 domiciled in a State that issues commercial drivers' licenses. []  (13) The State shall impose penalties the State considers
 appropriate and the Secretary approves for an individual operating a
 commercial motor vehicle when the individual-- []  (A) does not have a commercial driver's license; []  (B) has a driver's license revoked, suspended, or canceled;
 or []  (C) is disqualified from operating a commercial motor
 vehicle. []  (14) The State shall allow an individual to operate a
 commercial motor vehicle in the State if-- []  (A) the individual has a commercial driver's license issued
 by another State under the minimum standards prescribed by the Secretary
 under section 31305(a) of this title; []  (B) the license is not revoked, suspended, or canceled;
 and []  (C) the individual is not disqualified from operating a
 commercial motor vehicle. []  (15) The State shall disqualify an individual from operating
 a commercial motor vehicle for the same reasons and time periods for which
 the Secretary shall disqualify the individual under section 31308(b)-(e)
 of this title. []  (16)(A) Before issuing a commercial driver's license to
 an individual, the State shall request the Secretary for information from
 the National Driver Register maintained under chapter 303 of this title
 (after the Secretary decides the Register is operational) on whether the
 individual-- []  (i) has been disqualified from operating a motor vehicle
 (except a commercial motor vehicle); []  (ii) has had a license (except a license authorizing the
 individual to operate a commercial motor vehicle) revoked, suspended, or
 canceled for cause in the 3-year period ending on the date of application
 for the commercial driver's license; or []  (iii) has been convicted of an offense specified in section
 30304(a)(3) of this title. []  (B) The State shall give full weight and consideration to
 that information in deciding whether to issue the individual a commercial
 driver's license. []  (17) The State shall adopt and enforce regulations prescribed
 by the Secretary under section 31308(g)(1) of this title. []  (b) STATE SATISFACTION OF REQUIREMENTS- A State may
 satisfy the requirements of subsection (a) of this section that the State
 disqualify an individual from operating a commercial motor vehicle by
 revoking, suspending, or canceling the driver's license issued to the
 individual. []  (c) NOTIFICATION- Not later than 30 days after being notified
 by a State of the proposed issuance of a commercial driver's license to an
 individual, the Secretary or the operator of the information system under
 section 31307 of this title, as the case may be, shall notify the State
 whether the individual has a commercial driver's license issued by another
 State or has been disqualified from operating a commercial motor vehicle
 by another State or the Secretary. [] Sec. 31310. Grants for testing and ensuring the fitness of
 operators of commercial motor vehicles []  (a) BASIC GRANTS- (1) The Secretary of Transportation may
 make a grant to a State under this subsection if the State-- []  (A) makes an agreement with the Secretary-- []  (i) to adopt and carry out in the fiscal year in which the
 grant is made a program for testing and ensuring the fitness of individuals
 who operate commercial motor vehicles under the minimum standards prescribed
 by the Secretary under section 31305(a) of this title; and []  (ii) to require that operators of commercial motor vehicles
 have passed written and driving tests that meet the minimum standards; and
 []  (B) has in effect and enforces in that fiscal year a law
 providing that an individual with a blood alcohol concentration of at
 least .10 percent when operating a commercial motor vehicle is deemed to
 be driving under the influence of alcohol. []  (2) A State may-- []  (A) administer driving tests referred to in paragraph (1)
 of this subsection and section 31309(a) of this title; or []  (B) make an agreement, approved by the Secretary, for the
 tests to be administered by a person (including a department, agency, or
 instrumentality of a local government) that meets minimum standards the
 Secretary prescribes by regulation if-- []  (i) the agreement allows the Secretary and the State each
 to conduct random examinations, inspections, and audits of the testing
 without prior notification; and []  (ii) the State annually conducts at least one onsite
 inspection of the testing. []  (3) The Secretary shall decide on the amount of a grant
 in a fiscal year to be made under this subsection to a State eligible to
 receive the grant in the fiscal year. However-- []  (A) a grant to a State under this subsection shall be at
 least $100,000 in a fiscal year; and []  (B) to the extent each State grant under this subsection
 is more than $100,000 in a fiscal year, the Secretary shall ensure that
 those States are treated equitably. []  (4) A State receiving a grant under this subsection may use
 the amounts provided under the grant only to test operators of commercial
 motor vehicles. []  (5) There is available to the Secretary to carry out this
 subsection $XXXXX from amounts made available under section 31104 of this
 title for the fiscal year ending September 30, 19X. []  (b) SUPPLEMENTAL GRANTS- (1) The Secretary may make a grant
 under this subsection in a fiscal year to a State eligible to receive a
 grant under subsection (a) of this section in that fiscal year. A grant
 made under this subsection shall be used for testing operators of commercial
 motor vehicles. []  (2) Amounts of grants under this subsection shall be
 distributed among the States eligible to receive grants under subsection (a)
 of this section in the fiscal year on the basis of the number of written
 and driving tests administered, and the number of drivers' licenses for
 the operation of commercial motor vehicles issued, in the prior fiscal
 year. []  (3) There is available to the Secretary to carry out this
 subsection $XXXXX from amounts made available under section 31104 of this
 title for the fiscal year ending September 30, 19X. []  (c) MAINTENANCE OF EXPENDITURES- The Secretary may make a
 grant to a State under this section only if the State agrees that the total
 expenditure of amounts of the State and political subdivisions of the State,
 exclusive of United States Government amounts, for testing operators of
 commercial motor vehicles will be maintained at a level at least equal to
 the average level of that expenditure for its last 2 fiscal years before
 October 27, 1986. []  (d) AVAILABILITY OF AMOUNTS- (1) Amounts made available
 to a State under this section remain available for obligation by the State
 for the fiscal year for which the amounts are made available. Any of those
 amounts not obligated before the last day of that fiscal year are no longer
 available for obligation by the State and are available to the Secretary
 to carry out this chapter. []  (2) Amounts made available to the Secretary under this
 section remain available until expended. []  (e) GRANTS AS CONTRACTUAL OBLIGATIONS- Approval by the
 Secretary of a grant to a State under this section is a contractual obligation
 of the Government for payment of the amount of the grant. []  (f) TESTING AND FITNESS PROGRAM STUDIES- In this section,
 development of a program for testing and ensuring the fitness of individuals
 who operate commercial motor vehicles includes studies of-- []  (1) the number of vehicles that will need to be tested
 under the program in a calendar year; []  (2) facilities at which testing of those individuals could
 be conducted; and []  (3) additional resources (including personnel) that will
 be necessary to conduct the testing. [] Sec. 31311. Grants for issuing commercial drivers' licenses
 and complying with State participation requirements []  (a) GENERAL AUTHORITY- The Secretary of Transportation may
 make a grant under this section to a State in a fiscal year if the State
 makes an agreement with the Secretary to participate in that fiscal year
 in the commercial driver's license program established by this chapter
 and the information system required by this chapter and to comply with the
 requirements of section 31309(a) of this title. []  (b) AMOUNTS OF GRANTS- The Secretary shall decide on the
 amount of a grant in a fiscal year to be made under this section to a State
 eligible to receive the grant in the fiscal year. However-- []  (1) a grant to a State under this section shall be at least
 $100,000 in a fiscal year; and []  (2) to the extent each State grant under this section is
 more than $100,000 in a fiscal year, the Secretary shall ensure that those
 States are treated equitably. []  (c) LIMITATION ON USE- A State receiving a grant under
 this section may use the amounts provided under the grant only for issuing
 commercial drivers' licenses and complying with the requirements of section
 31309(a) of this title. []  (d) AVAILABILITY OF AMOUNTS- (1) Amounts made available
 to a State under this section remain available for obligation by the State
 for the fiscal year for which the amounts are made available. Any of those
 amounts not obligated before the last day of that fiscal year are no longer
 available for obligation by the State and are available to the Secretary
 to carry out this chapter. []  (2) Amounts made available to the Secretary under this
 section remain available until expended. []  (e) GRANTS AS CONTRACTUAL OBLIGATIONS- Approval by the
 Secretary of a grant to a State under this section is a contractual
 obligation of the United States Government for payment of the amount of
 the grant. []  (f) AUTHORIZATION- There is available to the Secretary to
 carry out this section $XXXXX from amounts made available under section 31104
 of this title for the fiscal year ending September 30, 19X. [] Sec. 31312. Withholding amounts for State noncompliance
 []  (a) FIRST FISCAL YEAR- The Secretary of Transportation shall
 withhold 5 percent of the amount required to be apportioned to a State under
 section 104(b)(1), (2), (5), and (6) of title 23 on the first day of the
 fiscal year after the first fiscal year beginning after September 30, 1992,
 throughout which the State does not comply substantially with a requirement
 of section 31309(a) of this title. []  (b) SECOND FISCAL YEAR- The Secretary shall withhold 10
 percent of the amount required to be apportioned to a State under section
 104(b)(1), (2), (5), and (6) of title 23 on the first day of each fiscal
 year after the 2d fiscal year beginning after September 30, 1992, throughout
 which the State does not comply substantially with a requirement of section
 31309(a) of this title. []  (c) AVAILABILITY FOR APPORTIONMENT- (1) Amounts withheld
 under this section from apportionment to a State before October 1, 1995,
 remain available for apportionment to the State as follows: []  (A) If the amounts would have been apportioned under section
 104(b)(5)(B) of title 23 but for this section, the amounts remain available
 until the end of the 2d fiscal year following the fiscal year for which
 the amounts are authorized to be appropriated. []  (B) If the amounts would have been apportioned under section
 104(b)(1), (2), or (6) of title 23 but for this section, the amounts remain
 available until the end of the 3d fiscal year following the fiscal year
 for which the amounts are authorized to be appropriated. []  (2) Amounts withheld under this section from apportionment
 to a State after September 30, 1995, are not available for apportionment
 to the State. []  (d) APPORTIONMENT AFTER COMPLIANCE- (1) If, before the
 last day of the period for which amounts withheld under this section from
 apportionment are to remain available for apportionment to a State under
 subsection (c)(1) of this section, the State substantially complies with
 all of the requirements of section 31309(a) of this title for a period of
 365 days, the Secretary, on the day following the last day of that period,
 shall apportion to the State the withheld amounts remaining available for
 apportionment to that State. []  (2) Amounts apportioned under paragraph (1) of this
 subsection remain available for expenditure until the end of the 3d fiscal
 year following the fiscal year in which the amounts are apportioned. Amounts
 not obligated at the end of that period lapse or, for amounts apportioned
 under section 104(b)(5) of title 23, lapse and are available for projects
 under section 118(b) of title 23. []  (e) LAPSE- If, at the end of the period for which
 amounts withheld under this section from apportionment are available
 for apportionment to a State under subsection (c)(1) of this section,
 the State has not substantially complied with all of the requirements of
 section 31309(a) of this title for a 365-day period, the amounts lapse or,
 for amounts withheld from apportionment under section 104(b)(5) of title
 23, the amounts lapse and are available for projects under section 118(b)
 of title 23. [] Sec. 31313. Waiver authority []  After notice and an opportunity for comment, the Secretary of
 Transportation may waive any part of this chapter or a regulation prescribed
 under this chapter as it applies to a class of individuals or commercial
 motor vehicles if the Secretary decides the waiver is not contrary to the
 public interest and does not diminish the safe operation of commercial
 motor vehicles. A waiver under this section shall be published in the
 Federal Register with reasons for the waiver. [] Sec. 31314. Limitation on statutory construction []  This chapter does not affect the authority of the Secretary
 of Transportation to regulate commercial motor vehicle safety involving motor
 vehicles with a gross vehicle weight rating of less than 26,001 pounds or
 a lesser gross vehicle weight rating the Secretary decides is appropriate
 under section 31301(4)(A) of this title. [] Sec. 31315. Procedure for prescribing regulations []  Regulations prescribed by the Secretary of Transportation
 to carry out this chapter shall be prescribed under section 553 of title
 5 without regard to sections 556 and 557 of title 5. [] CHAPTER 315--MOTOR CARRIER SAFETY [] Sec. [] 31501. Definitions. [] 31502. Requirements for qualifications, hours of service,
 safety, and equipment standards. [] 31503. Research, investigation, and testing. [] 31504. Identification of motor vehicles. [] Sec. 31501. Definitions []  In this chapter-- []  (1) `migrant worker' means an individual going to or from
 employment in agriculture as provided under section 3121(g) of the Internal
 Revenue Code of 1986 (26 U.S.C. 3121(g)) or section 203(f) of the Fair
 Labor Standards Act of 1938 (29 U.S.C. 203(f)). []  (2) `motor carrier', `motor common carrier', `motor private
 carrier', `motor vehicle', and `United States' have the same meanings given
 those terms in section 10102 of this title. []  (3) `motor carrier of migrant workers'-- []  (A) means a person (except a motor common carrier) providing
 transportation referred to in section 10521(a) of this title by a motor
 vehicle (except a passenger automobile or station wagon) for at least 3
 migrant workers at a time to or from their employment; but []  (B) does not include a migrant worker providing transportation
 for migrant workers and their immediate families. [] Sec. 31502. Requirements for qualifications, hours of service,
 safety, and equipment standards []  (a) APPLICATION- This section applies to transportation--
 []  (1) described in sections 10521 and 10522 of this title;
 and []  (2) to the extent the transportation is in the United States
 and is between places in a foreign country, or between a place in a foreign
 country and a place in another foreign country. []  (b) MOTOR CARRIER AND PRIVATE MOTOR CARRIER REQUIREMENTS- The
 Secretary of Transportation may prescribe requirements for-- []  (1) qualifications and maximum hours of service of
 employees of, and safety of operation and equipment of, a motor carrier;
 and []  (2) qualifications and maximum hours of service of employees
 of, and standards of equipment of, a motor private carrier, when needed to
 promote safety of operation. []  (c) MIGRANT WORKER MOTOR CARRIER REQUIREMENTS- The Secretary
 may prescribe requirements for the comfort of passengers, qualifications
 and maximum hours of service of operators, and safety of operation and
 equipment of a motor carrier of migrant workers. The requirements only
 apply to a carrier transporting a migrant worker-- []  (1) at least 75 miles; and []  (2) across the boundary of a State, territory, or possession
 of the United States. []  (d) CONSIDERATIONS- Before prescribing or revising any
 requirement under this section, the Secretary shall consider the costs and
 benefits of the requirement. [] Sec. 31503. Research, investigation, and testing []  (a) GENERAL AUTHORITY- The Secretary of Transportation
 may investigate and report on the need for regulation by the United
 States Government of sizes, weight, and combinations of motor vehicles and
 qualifications and maximum hours of service of employees of a motor carrier
 subject to subchapter II of chapter 105 of this title and a motor private
 carrier. The Secretary shall use the services of each department, agency,
 or instrumentality of the Government and each organization of motor carriers
 having special knowledge of a matter being investigated. []  (b) USE OF SERVICES- In carrying out this chapter, the
 Secretary may use the services of a department, agency, or instrumentality of
 the Government having special knowledge about safety, to conduct scientific
 and technical research, investigation, and testing when necessary to
 promote safety of operation and equipment of motor vehicles. The Secretary
 may reimburse the department, agency, or instrumentality for the services
 provided. [] Sec. 31504. Identification of motor vehicles []  (a) GENERAL AUTHORITY- The Secretary of Transportation may--
 []  (1) issue and require the display of an identification
 plate on a motor vehicle used in transportation provided by a motor private
 carrier and a motor carrier of migrant workers subject to section 31502(c)
 of this title, except a motor contract carrier; and []  (2) require each of those motor private carriers and
 motor carriers of migrant workers to pay the reasonable cost of the
 plate. []  (b) LIMITATION- A motor private carrier or a motor carrier
 of migrant workers may use an identification plate only as authorized by
 the Secretary. [] PART C--INFORMATION, STANDARDS, AND REQUIREMENTS [] CHAPTER 321--GENERAL [] Sec. [] 32101. Definitions. [] Sec. 32101. Definitions []  In this part (except chapter 329)-- []  (1) `bumper standard' means a minimum performance standard
 that substantially reduces-- []  (A) the damage to the front or rear end of a passenger
 motor vehicle from a low-speed collision (including a collision with a
 fixed barrier) or from towing the vehicle; or []  (B) the cost of repairing the damage. []  (2) `insurer' means a person in the business of issuing, or
 reinsuring any part of, a passenger motor vehicle insurance policy. []  (3) `interstate commerce' means commerce between a place
 in a State and-- []  (A) a place in another State; or []  (B) another place in the same State through another
 State. []  (4) `make', when describing a passenger motor vehicle,
 means the trade name of the manufacturer of the vehicle. []  (5) `manufacturer' means a person-- []  (A) manufacturing or assembling passenger motor vehicles
 or passenger motor vehicle equipment; or []  (B) importing motor vehicles or motor vehicle equipment
 for resale. []  (6) `model', when describing a passenger motor vehicle,
 means a category of passenger motor vehicles based on the size, style,
 and type of a make of vehicle. []  (7) `motor vehicle' means a vehicle driven or drawn by
 mechanical power and manufactured primarily for use on public streets,
 roads, and highways, but does not include a vehicle operated only on a rail
 line. []  (8) `motor vehicle accident' means an accident resulting
 from the maintenance or operation of a passenger motor vehicle or passenger
 motor vehicle equipment. []  (9) `multipurpose passenger vehicle' means a passenger
 motor vehicle constructed on a truck chassis or with special features for
 occasional off-road operation. []  (10) `passenger motor vehicle' means a motor vehicle designed
 to carry not more than 12 individuals, but does not include-- []  (A) a motorcycle; or []  (B) a truck not designed primarily to carry its operator
 or passengers. []  (11) `passenger motor vehicle equipment' means-- []  (A) a system, part, or component of a passenger motor
 vehicle as originally made; []  (B) a similar part or component made or sold for replacement
 or improvement of a system, part, or component, or as an accessory or
 addition to a passenger motor vehicle; or []  (C) a device made or sold for use in towing a passenger
 motor vehicle. []  (12) `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. []  (13) `United States district court' means a district court
 of the United States, a United States court for Guam, the Virgin Islands,
 and American Samoa, and the district court for the Northern Mariana
 Islands. [] CHAPTER 323--CONSUMER INFORMATION [] Sec. [] 32301. Definitions. [] 32302. Passenger motor vehicle information. [] 32303. Insurance information. [] 32304. Information and assistance from other departments,
 agencies, and instrumentalities. [] 32305. Personnel. [] 32306. Investigative powers. [] 32307. Prohibitions, penalty, and enforcement. [] Sec. 32301. Definitions []  In this chapter-- []  (1) `crashworthiness' means the protection a passenger
 motor vehicle gives its passengers against personal injury or death from
 a motor vehicle accident. []  (2) `damage susceptibility' means the susceptibility of a
 passenger motor vehicle to damage in a motor vehicle accident. [] Sec. 32302. Passenger motor vehicle information []  (a) INFORMATION PROGRAM- The Secretary of Transportation
 shall maintain a program for developing the following information on
 passenger motor vehicles: []  (1) crashworthiness. []  (2) damage susceptibility. []  (3) the degree of difficulty of diagnosis and repair of
 damage to, or failure of, mechanical and electrical systems. []  (4) vehicle operating costs dependent on the characteristics
 referred to in clauses (1)-(3) of this subsection, including insurance
 information obtained under section 32303 of this title. []  (b) DISTRIBUTION BY SECRETARY- To assist a consumer in
 buying a passenger motor vehicle, the Secretary shall distribute to the
 public information developed under subsection (a) of this section. The
 information shall be in a simple and understandable form that allows
 comparison of the characteristics referred to in subsection (a)(1)-(3) of
 this section among the makes and models of passenger motor vehicles. The
 Secretary may require passenger motor vehicle dealers to distribute the
 information to prospective buyers. []  (c) DISTRIBUTION BY DEALERS- The Secretary shall prescribe
 regulations that require dealers to distribute to prospective buyers
 information the Secretary develops and provides to the dealers that compares
 insurance costs for different makes and models of passenger motor vehicles
 based on crashworthiness and damage susceptibility. [] Sec. 32303. Insurance information []  (a) GENERAL REPORTS AND INFORMATION REQUIREMENTS- (1) In
 carrying out this chapter, the Secretary of Transportation may require an
 insurer, or a designated agent of the insurer, to make reports and provide
 the Secretary with information. The reports and information may include
 accident claim information by make, model, and model year of passenger
 motor vehicle about the kind and extent of-- []  (A) physical damage and repair costs; and []  (B) personal injury. []  (2) In deciding which reports and information are to be
 provided under this subsection, the Secretary shall-- []  (A) consider the cost of preparing and providing the reports
 and information; []  (B) consider the extent to which the reports and information
 will contribute to carrying out this chapter; and []  (C) consult with State authorities and public and private
 agencies the Secretary considers appropriate. []  (3) To the extent possible, the Secretary shall obtain reports
 and information under this subsection on a voluntary basis. []  (b) REQUESTED INFORMATION ON CRASHWORTHINESS, DAMAGE
 SUSCEPTIBILITY, AND REPAIR AND PERSONAL INJURY COST- When requested by the
 Secretary, an insurer shall give the Secretary information-- []  (1) about the extent to which the insurance premiums charged
 by the insurer are affected by crashworthiness, damage susceptibility,
 and the cost of repair and personal injury, for each make and model of
 passenger motor vehicle; and []  (2) available to the insurer about the effect of
 crashworthiness, damage susceptibility, and the cost of repair and personal
 injury for each make and model of passenger motor vehicle on the risk
 incurred by the insurer in insuring that make and model. []  (c) DISCLOSURE- In distributing information received under
 this section, the Secretary may disclose identifying information about a
 person that may be an insured, a claimant, a passenger, an owner, a witness,
 or an individual involved in a motor vehicle accident, only with the consent
 of the person. [] Sec. 32304. Information and assistance from other departments,
 agencies, and instrumentalities []  (a) AUTHORITY TO REQUEST- The Secretary of Transportation
 may request information necessary to carry out this chapter from a
 department, agency, or instrumentality of the United States Government. The
 head of the department, agency, or instrumentality shall provide the
 information. []  (b) DETAILING PERSONNEL- The head of a department, agency,
 or instrumentality may detail, on a reimbursable basis, personnel to assist
 the Secretary in carrying out this chapter. [] Sec. 32305. Personnel []  (a) GENERAL AUTHORITY- In carrying out this chapter, the
 Secretary of Transportation may-- []  (1) appoint and fix the pay of employees without regard to
 the provisions of title 5 governing appointment in the competitive service
 and chapter 51 and subchapter III of chapter 53 of title 5; and []  (2) make contracts with persons for research and preparation
 of reports. []  (b) STATUS OF ADVISORY COMMITTEE MEMBERS- A member of an
 advisory committee appointed under section 325 of this title to carry out
 this chapter is a special United States Government employee under chapter
 11 of title 18. [] Sec. 32306. Investigative powers []  (a) GENERAL AUTHORITY- In carrying out this chapter, the
 Secretary of Transportation may-- []  (1) inspect and copy records of any person at reasonable
 times; []  (2) order a person to file written reports or answers
 to specific questions, including reports or answers under oath; and
 []  (3) conduct hearings, administer oaths, take testimony, and
 require (by subpena or otherwise) the appearance and testimony of witnesses
 and the production of records the Secretary considers advisable. []  (b) WITNESS FEES AND MILEAGE- A witness summoned under
 subsection (a) of this section is entitled to the same fee and mileage the
 witness would have been paid in a court of the United States. []  (c) CIVIL ACTIONS TO ENFORCE- A civil action to enforce a
 subpena or order of the Secretary under subsection (a) of this section may
 be brought in the United States district court for the judicial district in
 which the proceeding by the Secretary is conducted. The court may punish a
 failure to obey an order of the court to comply with the subpena or order
 of the Secretary as a contempt of court. []  (d) CONFIDENTIALITY OF INFORMATION- Information obtained by
 the Secretary under this section related to a confidential matter referred
 to in section 1905 of title 18 may be disclosed only to another officer
 or employee of the United States Government for use in carrying out this
 chapter. This subsection does not authorize information to be withheld from
 a committee of Congress authorized to have the information. [] Sec. 32307. Prohibitions, penalty, and enforcement []  (a) PROHIBITIONS- A person may not-- []  (1) fail to provide the Secretary of Transportation with
 information requested by the Secretary in carrying out this chapter; or
 []  (2) fail to comply with applicable regulations prescribed
 by the Secretary in carrying out this chapter. []  (b) CIVIL PENALTY- (1) A person that violates subsection
 (a) of this section is liable to the United States Government for a civil
 penalty of not more than $1,000 for each violation. Each failure to provide
 information or comply with a regulation in violation of subsection (a)
 is a separate violation. The maximum penalty under this subsection for a
 related series of violations is $400,000. []  (2) The Secretary may compromise the amount of a civil
 penalty imposed under this section. []  (3) In determining the amount of a penalty or compromise,
 the appropriateness of the penalty or compromise to the size of the
 business of the person charged and the gravity of the violation shall be
 considered. []  (4) 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. []  (c) CIVIL ACTIONS TO ENFORCE- (1) The Attorney General
 may bring a civil action to enjoin a violation of subsection (a) of this
 section. []  (2) When practicable, the Secretary shall-- []  (A) notify a person against whom an action under this
 subsection is planned; []  (B) give the person an opportunity to present that person's
 views; and []  (C) give the person a reasonable opportunity to
 comply. []  (3) The failure of the Secretary to comply with paragraph
 (2) of this subsection does not prevent a court from granting appropriate
 relief. []  (d) VENUE AND SERVICE- A civil action under this section
 may be brought in the United States district court for the judicial district
 in which the violation occurred or the defendant is found, resides, or does
 business. Process in the action may be served in any other judicial district
 in which the defendant resides or is found. A subpena for a witness in the
 action may be served in any judicial district. [] CHAPTER 325--BUMPER STANDARDS [] Sec. [] 32501. Purpose. [] 32502. Bumper standards. [] 32503. Judicial review of bumper standards. [] 32504. Certificates of compliance. [] 32505. Information and compliance requirements. [] 32506. Prohibited acts. [] 32507. Penalties and enforcement. [] 32508. Civil actions by owners of passenger motor
 vehicles. [] 32509. Information and assistance from other departments,
 agencies, and instrumentalities. [] 32510. Annual report. [] 32511. Relationship to other motor vehicle standards. [] Sec. 32501. Purpose []  The purpose of this chapter is to reduce economic loss
 resulting from damage to passenger motor vehicles involved in motor vehicle
 accidents by providing for the maintenance and enforcement of bumper
 standards. [] Sec. 32502. Bumper standards []  (a) GENERAL REQUIREMENTS AND NONAPPLICATION- The Secretary
 of Transportation shall prescribe by regulation bumper standards for
 passenger motor vehicles and may prescribe by regulation bumper standards
 for passenger motor vehicle equipment manufactured in, or imported into,
 the United States. A standard does not apply to a passenger motor vehicle
 or passenger motor vehicle equipment-- []  (1) intended only for export; []  (2) labeled for export on the vehicle or equipment and the
 outside of any container of the vehicle or equipment; and []  (3) exported. []  (b) LIMITATIONS- A standard under this section-- []  (1) may not conflict with a motor vehicle safety standard
 prescribed under chapter 301 of this title; []  (2) may not specify a dollar amount for the cost of repairing
 damage to a passenger motor vehicle; and []  (3) to the greatest practicable extent, may not preclude
 the attachment of a detachable hitch. []  (c) EXEMPTIONS- For good cause, the Secretary may exempt
 from any part of a standard-- []  (1) a multipurpose passenger vehicle; or []  (2) a make, model, or class of a passenger motor vehicle
 manufactured for a special use, if the standard would interfere unreasonably
 with the special use of the vehicle. []  (d) COST REDUCTION AND CONSIDERATIONS- When prescribing
 a standard under this section, the Secretary shall design the standard to
 obtain the maximum feasible reduction of costs to the public, considering--
 []  (1) the costs and benefits of carrying out the standard;
 []  (2) the effect of the standard on insurance costs and legal
 fees and costs; []  (3) savings in consumer time and inconvenience; and
 []  (4) health and safety, including emission standards. []  (e) PROCEDURES- Section 553 of title 5 applies to a standard
 prescribed under this section. However, the Secretary shall give an interested
 person an opportunity to make oral and written presentations of information,
 views, and arguments. A transcript of each oral presentation shall be
 kept. Under conditions prescribed by the Secretary, the Secretary may conduct
 a hearing to resolve an issue of fact material to a standard. []  (f) EFFECTIVE DATE- The Secretary shall prescribe an effective
 date for a standard under this section. That date may not be earlier than
 the date the standard is prescribed nor later than 18 months after the date
 the standard is prescribed. However, the Secretary may prescribe a later
 date when the Secretary submits to Congress and publishes the reasons for
 the later date. A standard only applies to a passenger motor vehicle or
 passenger motor vehicle equipment manufactured on or after the effective
 date. [] (g) RESEARCH- The Secretary shall conduct research necessary
 to carry out this chapter. [] Sec. 32503. Judicial review of bumper standards []  (a) FILING AND VENUE- A person that may be adversely affected
 by a standard prescribed under section 32502 of this title may apply for
 review of the standard 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 59 days after the standard is prescribed. []  (b) NOTIFYING SECRETARY- The clerk of the court shall send
 immediately a copy of the petition to the Secretary of Transportation. The
 Secretary shall file with the court a record of the proceeding in which
 the standard was prescribed. []  (c) ADDITIONAL PROCEEDINGS- (1) On request of the petitioner,
 the court may order the Secretary to receive additional evidence and evidence
 in rebuttal if the court is satisfied the additional evidence is material
 and there were reasonable grounds for not presenting the evidence in the
 proceeding before the Secretary. []  (2) The Secretary may modify findings of fact or make new
 findings because of the additional evidence presented. The Secretary shall
 file a modified or new finding, a recommendation to modify or set aside a
 standard, and the additional evidence with the court. []  (d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES- A judgment
 of a court under this section may be reviewed only by the Supreme Court
 under section 1254 of title 28. A remedy under this section is in addition
 to any other remedies provided by law. [] Sec. 32504. Certificates of compliance []  Under regulations prescribed by the Secretary of
 Transportation, a manufacturer or distributor of a passenger motor vehicle
 or passenger motor vehicle equipment subject to a standard prescribed under
 section 32502 this title shall give the distributor or dealer at the time
 of delivery a certificate that the vehicle or equipment complies with the
 standard. [] Sec. 32505. Information and compliance requirements
 []  (a) GENERAL AUTHORITY- (1) To enable the Secretary of
 Transportation to decide whether a manufacturer of passenger motor vehicles
 or passenger motor vehicle equipment is complying with this chapter and
 standards prescribed under this chapter, the Secretary may require the
 manufacturer to-- []  (A) keep records; []  (B) make reports; []  (C) provide items and information, including vehicles and
 equipment for testing at a negotiated price not more than the manufacturer's
 cost; and []  (D) allow an officer or employee designated by the Secretary
 to inspect vehicles and relevant records of the manufacturer. []  (2) To enforce this chapter, an officer or employee
 designated by the Secretary, on presenting appropriate credentials and
 a written notice to the owner, operator, or agent in charge, may inspect
 a facility in which passenger motor vehicles or passenger motor vehicle
 equipment is manufactured, held for introduction in interstate commerce,
 or held for sale after introduction in interstate commerce. An inspection
 shall be conducted at a reasonable time, in a reasonable way, and with
 reasonable promptness. []  (b) POWERS OF SECRETARY AND CIVIL ACTIONS TO ENFORCE-
 (1) In carrying out this chapter, the Secretary may-- []  (A) inspect and copy records of any person at reasonable
 times; []  (B) order a person to file written reports or answers
 to specific questions, including reports or answers under oath; and
 []  (C) conduct hearings, administer oaths, take testimony, and
 require (by subpena or otherwise) the appearance and testimony of witnesses
 and the production of records the Secretary considers advisable. []  (2) 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 civil action to enforce a subpena or order of the
 Secretary under this subsection may be brought in the United States district
 court for the judicial district in which the proceeding by the Secretary
 was conducted. The court may punish a failure to obey an order of the
 court to comply with the subpena or order of the Secretary as a contempt
 of court. []  (c) CONFIDENTIALITY OF INFORMATION- (1) Information obtained
 by the Secretary under this chapter related to a confidential matter referred
 to in section 1905 of title 18 may be disclosed only-- []  (A) to another officer or employee of the United States
 Government for use in carrying out this chapter; or []  (B) in a proceeding under this chapter. []  (2) This subsection does not authorize information
 to be withheld from a committee of Congress authorized to have the
 information. []  (3) Subject to paragraph (1) of this subsection, the
 Secretary, on request, shall make available to the public at cost information
 the Secretary submits or receives in carrying out this chapter. [] Sec. 32506. Prohibited acts []  (a) GENERAL- Except as provided in this section, a person
 may not-- []  (1) manufacture for sale, sell, offer for sale, introduce or
 deliver for introduction in interstate commerce, or import into the United
 States, a passenger motor vehicle or passenger motor vehicle equipment
 manufactured on or after the date an applicable standard under section 32502
 of this title takes effect, unless it conforms to the standard; []  (2) fail to comply with an applicable regulation prescribed
 by the Secretary of Transportation under this chapter; []  (3) fail to keep records, refuse access to or copying of
 records, fail to make reports or provide items or information, or fail
 or refuse to allow entry or inspection, as required by this chapter or a
 regulation prescribed under this chapter; or []  (4) fail to provide the certificate required by section
 32504 of this title, or provide a certificate that the person knows, or in
 the exercise of reasonable care has reason to know, is false or misleading
 in a material respect. []  (b) NONAPPLICATION- Subsection (a)(1) of this section does
 not apply to-- []  (1) the sale, offer for sale, or introduction or delivery
 for introduction in interstate commerce of a passenger motor vehicle or
 passenger motor vehicle equipment after the first purchase of the vehicle
 or equipment in good faith other than for resale (but this clause does not
 prohibit a standard from requiring that a vehicle or equipment be manufactured
 to comply with the standard over a specified period of operation or use);
 or []  (2) a person-- []  (A) establishing that the person had no reason to know, by
 exercising reasonable care, that the vehicle or equipment does not comply
 with the standard; or []  (B) holding, without knowing about a noncompliance and
 before that first purchase, a certificate issued under section 32504
 of this title stating that the vehicle or equipment complies with the
 standard. []  (c) IMPORTING NONCOMPLYING VEHICLES AND EQUIPMENT- (1)
 The Secretaries of Transportation and the Treasury may prescribe joint
 regulations authorizing a passenger motor vehicle or passenger motor vehicle
 equipment not complying with a standard prescribed under section 32502
 of this title to be imported into the United States subject to conditions
 (including providing a bond) the Secretaries consider appropriate to ensure
 that the vehicle or equipment will-- []  (A) comply, after importation, with the standards prescribed
 under section 32502 of this title; []  (B) be exported; or []  (C) be abandoned to the United States Government. []  (2) The Secretaries may prescribe joint regulations that
 allow a passenger motor vehicle or passenger motor vehicle equipment to
 be imported into the United States after the first purchase in good faith
 other than for resale. []  (d) LIABILITY UNDER OTHER LAW- Compliance with a standard
 under this chapter does not exempt a person from liability provided by
 law. [] Sec. 32507. Penalties and enforcement []  (a) CIVIL PENALTY- (1) A person that violates section 32506(a)
 of this title is liable to the United States Government for a civil penalty
 of not more than $1,000 for each violation. A separate violation occurs for
 each passenger motor vehicle or item of passenger motor vehicle equipment
 involved in a violation of section 32506(a)(1) or (4) of this title--
 []  (A) that does not comply with a standard prescribed under
 section 32502 of this title; or []  (B) for which a certificate is not provided, or for which
 a false or misleading certificate is provided, under section 32504 of this
 title. []  (2) The maximum civil penalty under this subsection for a
 related series of violations is $800,000. []  (3) The Secretary of Transportation imposes a civil penalty
 under this subsection. The Attorney General or the Secretary, with the
 concurrence of the Attorney General, shall bring a civil action to collect
 the penalty. []  (b) CRIMINAL PENALTY- A person knowingly and willfully
 violating section 32506(a)(1) of this title after receiving a notice of
 noncompliance from the Secretary shall be fined under title 18, imprisoned
 for not more than one year, or both. If the person is a corporation,
 the penalties of this subsection also apply to a director, officer, or
 individual agent of the corporation who, with knowledge of the Secretary's
 notice, knowingly and willfully authorizes, orders, or performs an act that
 is any part of the violation. []  (c) CIVIL ACTIONS TO ENFORCE- (1) The Secretary or the
 Attorney General may bring a civil action to enjoin a violation of this
 chapter or the sale, offer for sale, introduction or delivery for introduction
 in interstate commerce, or importation into the United States, of a passenger
 motor vehicle or passenger motor vehicle equipment that is found, before
 the first purchase in good faith other than for resale, not to comply with
 a standard prescribed under section 32502 of this title. []  (2) When practicable, the Secretary shall-- []  (A) notify a person against whom an action under this
 subsection is planned; []  (B) give the person an opportunity to present that person's
 views; and []  (C) except for a knowing and willful violation, give the
 person a reasonable opportunity to comply. []  (3) The failure of the Secretary to comply with paragraph
 (2) of this subsection does not prevent a court from granting appropriate
 relief. []  (d) JURY TRIAL DEMAND- In a trial for criminal contempt
 for violating an injunction or restraining order issued under subsection
 (c) of this section, the violation of which is also a violation of this
 chapter, the defendant may demand a jury trial. The defendant shall be
 tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure
 (18 App. U.S.C.). []  (e) VENUE- A civil action under subsection (a) or (c)
 of this section may be brought in the United States district court for the
 judicial district in which the violation occurred or the defendant is found,
 resides, or does business. Process in the action may be served in any other
 judicial district in which the defendant resides or is found. A subpena for
 a witness in the action may be served in any judicial district. [] Sec. 32508. Civil actions by owners of passenger motor vehicles
 []  When an owner of a passenger motor vehicle sustains damages
 as a result of a motor vehicle accident because the vehicle did not comply
 with a standard prescribed under section 32502 of this title, the owner may
 bring a civil action against the manufacturer to recover the damages. The
 action may be brought in the United States District Court for the District
 of Columbia or in the district court for the judicial district in which the
 owner resides. The action must be brought not later than 3 years after the
 date of the accident. The court shall award costs and a reasonable attorney's
 fee to the owner when a judgment is entered for the owner. [] Sec. 32509. Information and assistance from other departments,
 agencies, and instrumentalities []  (a) GENERAL AUTHORITY- The Secretary of Transportation
 may request information necessary to carry out this chapter from a
 department, agency, or instrumentality of the United States Government. The
 head of the department, agency, or instrumentality shall provide the
 information. []  (b) DETAILING PERSONNEL- The head of a department, agency,
 or instrumentality may detail, on a reimbursable basis, personnel to assist
 the Secretary in carrying out this chapter. [] Sec. 32510. Annual report []  Not later than March 31 of each year, the Secretary of
 Transportation shall submit to Congress and the President a report on the
 progress in carrying out section 32501 of this title. The report shall
 include-- []  (1) a statement of the cost savings resulting from carrying
 out this chapter; and []  (2) recommendations for legislative or other action the
 Secretary decides may be appropriate. [] Sec. 32511. Relationship to other motor vehicle standards
 []  (a) PREEMPTION- Except as provided in this section, a
 State or a political subdivision of a State may prescribe or enforce a
 bumper standard for a passenger motor vehicle or passenger motor vehicle
 equipment only if the standard is identical to a standard prescribed under
 section 32502 of this title. []  (b) ENFORCEMENT- This chapter and chapter 301 of this title
 do not affect the authority of a State to enforce a bumper standard about
 an aspect of performance of a passenger motor vehicle or passenger motor
 vehicle equipment not covered by a standard prescribed under section 32502
 of this title if the State bumper standard-- []  (1) does not conflict with a standard prescribed under
 chapter 301 of this title; and []  (2) was in effect or prescribed by the State on October 20,
 1972. []  (c) ADDITIONAL AND HIGHER STANDARDS OF PERFORMANCE- The
 United States Government, a State, or a political subdivision of a State
 may prescribe a bumper standard for a passenger motor vehicle or passenger
 motor vehicle equipment obtained for its own use that imposes additional
 or higher standards of performance than a standard prescribed under section
 32502 of this title. [] CHAPTER 327--ODOMETERS [] Sec. [] 32701. Findings and purposes. [] 32702. Definitions. [] 32703. Preventing tampering. [] 32704. Service, repair, and replacement. [] 32705. Disclosure requirements on transfer of motor
 vehicles. [] 32706. Inspections, investigations, and records. [] 32707. Administrative warrants. [] 32708. Confidentiality of information. [] 32709. Penalties and enforcement. [] 32710. Civil actions by private persons. [] 32711. Relationship to State law. [] Sec. 32701. Findings and purposes []  (a) FINDINGS- Congress finds that-- []  (1) buyers of motor vehicles rely heavily on the odometer
 reading as an index of the condition and value of a vehicle; []  (2) buyers are entitled to rely on the odometer reading as
 an accurate indication of the mileage of the vehicle; []  (3) an accurate indication of the mileage assists a buyer
 in deciding on the safety and reliability of the vehicle; and []  (4) motor vehicles move in, or affect, interstate and
 foreign commerce. []  (b) PURPOSES- The purposes of this chapter are-- []  (1) to prohibit tampering with motor vehicle odometers;
 and []  (2) to provide safeguards to protect purchasers in the sale
 of motor vehicles with altered or reset odometers. [] Sec. 32702. Definitions []  In this chapter-- []  (1) `auction company' means a person taking possession of
 a motor vehicle owned by another to sell at an auction. []  (2) `dealer' means a person that sold at least 5 motor
 vehicles during the prior 12 months to buyers that in good faith bought
 the vehicles other than for resale. []  (3) `distributor' means a person that sold at least 5 motor
 vehicles during the prior 12 months for resale. []  (4) `leased motor vehicle' means a motor vehicle leased to
 a person for at least 4 months by a lessor that leased at least 5 vehicles
 during the prior 12 months. []  (5) `odometer' means an instrument for measuring and
 recording the distance a motor vehicle is driven, but does not include an
 auxiliary instrument designed to be reset by the operator of the vehicle
 to record mileage of a trip. []  (6) `repair' and `replace' mean to restore to a sound
 working condition by replacing any part of an odometer or by correcting
 any inoperative part of an odometer. []  (7) `title' means the certificate of title or other document
 issued by the State indicating ownership. []  (8) `transfer' means to change ownership by sale, gift,
 or other means. [] Sec. 32703. Preventing tampering []  A person may not-- []  (1) advertise for sale, sell, use, install, or have
 installed, a device that makes an odometer of a motor vehicle register a
 mileage different from the mileage the vehicle was driven, as registered
 by the odometer within the designed tolerance of the manufacturer of the
 odometer; []  (2) disconnect, reset, alter, or have disconnected, reset,
 or altered, an odometer of a motor vehicle intending to change the mileage
 registered by the odometer; []  (3) with intent to defraud, operate a motor vehicle on a
 public street, road, or highway if the person knows that the odometer of
 the vehicle is disconnected or not operating; or []  (4) conspire to violate this section or section 32704 or
 32705 of this title. [] Sec. 32704. Service, repair, and replacement []  (a) ADJUSTING MILEAGE- A person may service, repair, or
 replace an odometer of a motor vehicle if the mileage registered by the
 odometer remains the same as before the service, repair, or replacement. If
 the mileage cannot remain the same-- []  (1) the person shall adjust the odometer to read zero; and
 []  (2) the owner of the vehicle or agent of the owner shall
 attach a written notice to the left door frame of the vehicle specifying
 the mileage before the service, repair, or replacement and the date of the
 service, repair, or replacement. []  (b) REMOVING OR ALTERING NOTICE- A person may not, with
 intent to defraud, remove or alter a notice attached to a motor vehicle as
 required by this section. [] Sec. 32705. Disclosure requirements on transfer of motor
 vehicles []  (a) WRITTEN DISCLOSURE REQUIREMENTS- (1) Under regulations
 prescribed by the Secretary of Transportation, a person transferring
 ownership of a motor vehicle shall give the transferee a written disclosure--
 []  (A) of the cumulative mileage registered by the odometer;
 or []  (B) that the mileage is unknown if the transferor knows
 that the mileage registered by the odometer is incorrect. []  (2) A person making a written disclosure required by a
 regulation prescribed under paragraph (1) of this subsection may not make
 a false statement in the disclosure. []  (3) A person acquiring a motor vehicle for resale may accept
 a disclosure under this section only if it is complete. []  (4) The regulations prescribed by the Secretary shall
 provide the way in which information is disclosed and retained under this
 section. []  (b) MILEAGE STATEMENT REQUIREMENT FOR LICENSING- (1) A motor
 vehicle the ownership of which is transferred may not be licensed for use in
 a State unless the transferee, in submitting an application to a State for
 the title on which the license will be issued, includes with the application
 the transferor's title and, if that title contains the space referred to
 in paragraph (3)(A)(iii) of this subsection, a statement, signed and dated
 by the transferor, of the mileage disclosure required under subsection (a)
 of this section. This paragraph does not apply to a transfer of ownership of
 a motor vehicle that has not been licensed before the transfer. []  (2)(A) Under regulations prescribed by the Secretary, if
 the title to a motor vehicle issued to a transferor by a State is in the
 possession of a lienholder when the transferor transfers ownership of the
 vehicle, the transferor may use a written power of attorney (if allowed by
 State law) in making the mileage disclosure required under subsection (a)
 of this section. Regulations prescribed under this paragraph-- []  (i) shall prescribe the form of the power of attorney;
 []  (ii) shall provide that the form be printed by means of a
 secure printing process (or other secure process); []  (iii) shall provide that the State issue the form to the
 transferee; []  (iv) shall provide that the person exercising the power of
 attorney retain a copy and submit the original to the State with a copy of
 the title showing the restatement of the mileage; []  (v) may require that the State retain the power of attorney
 and the copy of the title for an appropriate period or that the State adopt
 alternative measures consistent with section 32701(b) of this title, after
 considering the costs to the State; []  (vi) shall ensure that the mileage at the time of transfer
 be disclosed on the power of attorney document; []  (vii) shall ensure that the mileage be restated exactly
 by the person exercising the power of attorney in the space referred to in
 paragraph (3)(A)(iii) of this subsection; []  (viii) may not require that a motor vehicle be titled in
 the State in which the power of attorney was issued; []  (ix) shall consider the need to facilitate normal commercial
 transactions in the sale or exchange of motor vehicles; and []  (x) shall provide other conditions the Secretary considers
 appropriate. []  (B) Section 32709(a) and (b) applies to a person granting
 or granted a power of attorney under this paragraph. []  (3)(A) A motor vehicle the ownership of which is transferred
 may be licensed for use in a State only if the title issued by the State
 to the transferee-- []  (i) is produced by means of a secure printing process
 (or other secure process); []  (ii) indicates the mileage disclosure required to be made
 under subsection (a) of this section; and []  (iii) contains a space for the transferee to disclose
 the mileage at the time of a future transfer and to sign and date the
 disclosure. []  (B) Subparagraph (A) of this paragraph does not require a
 State to verify, or preclude a State from verifying, the mileage information
 contained in the title. []  (c) LEASED VEHICLES- (1) For a leased vehicle, the
 regulations prescribed under subsection (a) of this section shall require
 written disclosure about mileage to be made by the lessee to the lessor
 when the lessor transfers ownership of the leased vehicle. []  (2) Under those regulations, the lessor shall provide
 written notice to the lessee of-- []  (A) the mileage disclosure requirements of subsection (a)
 of this section; and []  (B) the penalties for failure to comply with those
 requirements. []  (3) The lessor shall retain the disclosures made by a lessee
 under paragraph (1) of this subsection for at least 4 years following the
 date the lessor transfers the vehicle. []  (4) If the lessor transfers ownership of a leased vehicle
 without obtaining possession of the vehicle, the lessor, in making the
 disclosure required by subsection (a) of this section, may indicate on
 the title the mileage disclosed by the lessee under paragraph (1) of this
 subsection unless the lessor has reason to believe that the disclosure by
 the lessee does not reflect the actual mileage of the vehicle. []  (d) STATE ALTERNATE VEHICLE MILEAGE DISCLOSURE REQUIREMENTS-
 The requirements of subsections (b) and (c)(1) of this section on the
 disclosure of motor vehicle mileage when motor vehicles are transferred or
 leased apply in a State unless the State has in effect alternate motor vehicle
 mileage disclosure requirements approved by the Secretary. The Secretary
 shall approve alternate motor vehicle mileage disclosure requirements
 submitted by a State unless the Secretary decides that the requirements are
 not consistent with the purpose of the disclosure required by subsection
 (b) or (c), as the case may be. []  (e) AUCTION SALES- If a motor vehicle is sold at an auction,
 the auction company conducting the auction shall maintain the following
 records for at least 4 years after the date of the sale: []  (1) the name of the most recent owner of the motor vehicle
 (except the auction company) and the name of the buyer of the motor
 vehicle. []  (2) the vehicle identification number required under chapter
 301 or 331 of this title. []  (3) the odometer reading on the date the auction company
 took possession of the motor vehicle. []  (f) APPLICATION AND REVISION OF STATE LAW- (1) Except
 as provided in paragraph (2) of this subsection, subsections (b)-(e)
 of this section apply to the transfer of a motor vehicle after April 28,
 1989. []  (2) If a State requests, the Secretary shall assist the
 State in revising its laws to comply with subsection (b) of this section. If
 a State requires time beyond April 28, 1989, to revise its laws to achieve
 compliance, the Secretary, on request of the State, may grant additional
 time that the Secretary considers reasonable by publishing a notice in
 the Federal Register. The notice shall include the reasons for granting the
 additional time. In granting additional time, the Secretary shall ensure that
 the State is making reasonable efforts to achieve compliance. [] Sec. 32706. Inspections, investigations, and records
 []  (a) AUTHORITY TO INSPECT AND INVESTIGATE- Subject to
 section 32707 of this title, the Secretary of Transportation may conduct
 an inspection or investigation necessary to carry out this chapter or a
 regulation prescribed or order issued under this chapter. The Secretary
 shall cooperate with State and local officials to the greatest extent
 possible in conducting an inspection or investigation. The Secretary may
 give the Attorney General information about a violation of this chapter or
 a regulation prescribed or order issued under this chapter. []  (b) ENTRY, INSPECTION, AND IMPOUNDMENT- (1) In carrying
 out subsection (a) of this section, an officer or employee designated by
 the Secretary, on display of proper credentials and written notice to the
 owner, operator, or agent in charge, may-- []  (A) enter and inspect commercial premises in which a motor
 vehicle or motor vehicle equipment is manufactured, held for shipment or
 sale, maintained, or repaired; []  (B) enter and inspect noncommercial premises in which the
 Secretary reasonably believes there is a vehicle or equipment involved in
 a violation of this chapter; []  (C) inspect that vehicle or equipment; and []  (D) impound for not more than 72 hours for inspection a
 vehicle or equipment that the Secretary reasonably believes is involved in
 a violation of this chapter. []  (2) An inspection or impoundment under this subsection
 shall be conducted at a reasonable time, in a reasonable way, and with
 reasonable promptness. The written notice may consist of a warrant issued
 under section 32707 of this title. []  (c) REASONABLE COMPENSATION- When the Secretary impounds
 for inspection a motor vehicle (except a vehicle subject to subchapter II
 of chapter 105 of this title) or motor vehicle equipment under subsection
 (b)(1)(D) of this section, the Secretary shall pay reasonable compensation
 to the owner of the vehicle or equipment if the inspection or impoundment
 results in denial of use, or reduction in value, of the vehicle or
 equipment. []  (d) RECORDS AND INFORMATION REQUIREMENTS- (1) To enable the
 Secretary to decide whether a dealer or distributor is complying with this
 chapter and regulations prescribed and orders issued under this chapter,
 the Secretary may require the dealer or distributor-- []  (A) to keep records; []  (B) to provide information from those records if the
 Secretary states the purpose for requiring the information and identifies
 the information to the fullest extent practicable; and []  (C) to allow an officer or employee designated by the
 Secretary to inspect relevant records of the dealer or distributor. []  (2) This subsection and subsection (e)(1)(B) of this section
 do not authorize the Secretary to require a dealer or distributor to provide
 information on a regular periodic basis. []  (e) ADMINISTRATIVE AUTHORITY AND CIVIL ACTIONS TO ENFORCE-
 (1) In carrying out this chapter, the Secretary may-- []  (A) inspect and copy records of any person at reasonable
 times; []  (B) order a person to file written reports or answers
 to specific questions, including reports or answers under oath; and
 []  (C) conduct hearings, administer oaths, take testimony, and
 require (by subpena or otherwise) the appearance and testimony of witnesses
 and the production of records the Secretary considers advisable. []  (2) 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 civil action to enforce a subpena or order of the
 Secretary under this subsection may be brought in the United States district
 court for the judicial district in which the proceeding by the Secretary
 was conducted. The court may punish a failure to obey an order of the
 court to comply with the subpena or order of the Secretary as a contempt
 of court. []  (f) PROHIBITIONS- A person may not fail to keep records,
 refuse access to or copying of records, fail to make reports or provide
 information, fail to allow entry or inspection, or fail to permit impoundment,
 as required under this section. [] Sec. 32707. Administrative warrants []  (a) DEFINITION- In this section, `probable cause' means
 a valid public interest in the effective enforcement of this chapter or a
 regulation prescribed under this chapter sufficient to justify the inspection
 or impoundment in the circumstances stated in an application for a warrant
 under this section. []  (b) WARRANT REQUIREMENT AND ISSUANCE- (1) Except as provided
 in paragraph (4) of this subsection, an inspection or impoundment under
 section 32706 of this title may be carried out only after a warrant is
 obtained. []  (2) A judge of a court of the United States or a State
 court of record or a United States magistrate may issue a warrant for an
 inspection or impoundment under section 32706 of this title within the
 territorial jurisdiction of the court or magistrate. The warrant must be
 based on an affidavit that-- []  (A) establishes probable cause to issue the warrant; and
 []  (B) is sworn to before the judge or magistrate by an officer
 or employee who knows the facts alleged in the affidavit. []  (3) The judge or magistrate shall issue the warrant when the
 judge or magistrate decides there is a reasonable basis for believing that
 probable cause exists to issue the warrant. The warrant must-- []  (A) identify the premises, property, or motor vehicle to
 be inspected and the items or type of property to be impounded; []  (B) state the purpose of the inspection, the basis for
 issuing the warrant, and the name of the affiant; []  (C) direct an individual authorized under section 32706 of
 this title to inspect the premises, property, or vehicle for the purpose
 stated in the warrant and, when appropriate, to impound the property
 specified in the warrant; []  (D) direct that the warrant be served during the hours
 specified in the warrant; and []  (E) name the judge or magistrate with whom proof of service
 is to be filed. []  (4) A warrant under this section is not required when--
 []  (A) the owner, operator, or agent in charge of the premises
 consents; []  (B) it is reasonable to believe that the mobility of the
 motor vehicle to be inspected makes it impractical to obtain a warrant;
 []  (C) an application for a warrant cannot be made because of
 an emergency; []  (D) records are to be inspected and copied under section
 32706(e)(1)(A) of this title; or []  (E) a warrant is not constitutionally required. []  (c) SERVICE AND IMPOUNDMENT OF PROPERTY- (1) A warrant issued
 under this section must be served and proof of service filed not later than
 10 days after its issuance date. The judge or magistrate may allow additional
 time in the warrant if the Secretary of Transportation demonstrates a need
 for additional time. Proof of service must be filed promptly with a written
 inventory of the property impounded under the warrant. The inventory shall
 be made in the presence of the individual serving the warrant and the
 individual from whose possession or premises the property was impounded,
 or if that individual is not present, a credible individual except the
 individual making the inventory. The individual serving the warrant shall
 verify the inventory. On request, the judge or magistrate shall send a copy
 of the inventory to the individual from whose possession or premises the
 property was impounded and to the applicant for the warrant. []  (2) When property is impounded under a warrant, the individual
 serving the warrant shall-- []  (A) give the person from whose possession or premises the
 property was impounded a copy of the warrant and a receipt for the property;
 or []  (B) leave the copy and receipt at the place from which the
 property was impounded. []  (3) The judge or magistrate shall file the warrant, proof
 of service, and all documents filed about the warrant with the clerk of the
 district court of the United States for the judicial district in which the
 inspection is made. [] Sec. 32708. Confidentiality of information []  (a) GENERAL- Information obtained by the Secretary of
 Transportation under this chapter related to a confidential matter referred
 to in section 1905 of title 18 may be disclosed only-- []  (1) to another officer or employee of the United States
 Government for use in carrying out this chapter; or []  (2) in a proceeding under this chapter. []  (b) WITHHOLDING INFORMATION FROM CONGRESS- This section
 does not authorize information to be withheld from a committee of Congress
 authorized to have the information. [] Sec. 32709. Penalties and enforcement []  (a) CIVIL PENALTY- (1) A person that violates this chapter
 or a regulation prescribed or order issued under this chapter is liable to
 the United States Government for a civil penalty of not more than $2,000
 for each violation. A separate violation occurs for each motor vehicle or
 device involved in the violation. The maximum penalty under this subsection
 for a related series of violations is $100,000. []  (2) The Secretary of Transportation shall impose a civil
 penalty under this subsection. The Attorney General shall bring a civil action
 to collect the penalty. Before referring a penalty claim to the Attorney
 General, the Secretary may compromise the amount of the penalty. Before
 compromising the amount of the penalty, the Secretary shall give the person
 charged with a violation an opportunity to establish that the violation
 did not occur. []  (3) In determining the amount of a civil penalty under this
 subsection, the Secretary shall consider-- []  (A) the nature, circumstances, extent, and gravity of the
 violation; []  (B) with respect to the violator, the degree of culpability,
 any history of prior violations, the ability to pay, and any effect on the
 ability to continue doing business; and []  (C) other matters that justice requires. []  (b) CRIMINAL PENALTY- A person that knowingly and willfully
 violates this chapter or a regulation prescribed or order issued under
 this chapter shall be fined under title 18, imprisoned for not more than
 3 years, or both. If the person is a corporation, the penalties of this
 subsection also apply to a director, officer, or individual agent of a
 corporation who knowingly and willfully authorizes, orders, or performs an
 act in violation of this chapter or a regulation prescribed or order issued
 under this chapter. []  (c) CIVIL ACTIONS BY ATTORNEY GENERAL- The Attorney
 General may bring a civil action to enjoin a violation of this chapter or
 a regulation prescribed or order issued under this chapter. The action may
 be brought in the United States district court for the judicial district
 in which the violation occurred or the defendant is found, resides, or does
 business. Process in the action may be served in any other judicial district
 in which the defendant resides or is found. A subpena for a witness in the
 action may be served in any judicial district. []  (d) CIVIL ACTIONS BY STATES- (1) When a person violates
 this chapter or a regulation prescribed or order issued under this chapter,
 the chief law enforcement officer of the State in which the violation occurs
 may bring a civil action-- []  (A) to enjoin the violation; or []  (B) to recover amounts for which the person is liable under
 section 32710 of this title for each person on whose behalf the action is
 brought. []  (2) An action under this subsection may be brought in an
 appropriate district court of the United States or in a State court of
 competent jurisdiction. The action must be brought not later than 2 years
 after the claim accrues. [] Sec. 32710. Civil actions by private persons []  (a) VIOLATION AND AMOUNT OF DAMAGES- A person that violates
 this chapter or a regulation prescribed or order issued under this chapter,
 with intent to defraud, is liable for 3 times the actual damages or $1,500,
 whichever is greater. []  (b) CIVIL ACTIONS- A person may bring a civil action to
 enforce a claim under this section in an appropriate district court of the
 United States or in another court of competent jurisdiction. The action must
 be brought not later than 2 years after the claim accrues. The court shall
 award costs and a reasonable attorney's fee to the person when a judgment
 is entered for that person. [] Sec. 32711. Relationship to State law []  Except to the extent that State law is inconsistent with
 this chapter, this chapter does not-- []  (1) affect a State law on disconnecting, altering, or
 tampering with an odometer with intent to defraud; or []  (2) exempt a person from complying with that law. [] CHAPTER 329--AUTOMOBILE FUEL ECONOMY [] Sec. [] 32901. Definitions. [] 32902. Average fuel economy standards. [] 32903. Credits for exceeding average fuel economy
 standards. [] 32904. Calculation of average fuel economy. [] 32905. Manufacturing incentives for alternative fuel
 automobiles. [] 32906. Maximum fuel economy increase for alternative fuel
 automobiles. [] 32907. Reports and tests of manufacturers. [] 32908. Fuel economy information. [] 32909. Judicial review of regulations. [] 32910. Administrative. [] 32911. Compliance. [] 32912. Civil penalties. [] 32913. Compromising and remitting civil penalties. [] 32914. Collecting civil penalties. [] 32915. Appealing civil penalties. [] 32916. Reports to Congress. [] 32917. Standards for executive agency automobiles. [] 32918. Preemption. [] Sec. 32901. Definitions []  (a) GENERAL- In this chapter-- []  (1) `alcohol' means a mixture containing 85 percent or more
 methanol, ethanol, or other alcohols by volume, in any combination. []  (2) `alcohol powered automobile' means an automobile designed
 to operate only on alcohol. []  (3) except as provided in section 32908 of this title,
 `automobile' means a 4-wheeled vehicle that is propelled by fuel, or by
 alcohol or natural gas, manufactured primarily for use on public streets,
 roads, and highways (except a vehicle operated only on a rail line), and
 rated at-- []  (A) not more than 6,000 pounds gross vehicle weight; or
 []  (B) more than 6,000, but less than 10,000, pounds gross
 vehicle weight, if the Secretary of Transportation decides by regulation
 that-- []  (i) an average fuel economy standard under this chapter
 for the vehicle is feasible; and []  (ii) an average fuel economy standard under this chapter for
 the vehicle will result in significant energy conservation or the vehicle
 is substantially used for the same purposes as a vehicle rated at not more
 than 6,000 pounds gross vehicle weight. []  (4) `automobile manufactured by a manufacturer' includes
 every automobile manufactured by a person that controls, is controlled by,
 or is under common control with the manufacturer, but does not include an
 automobile manufactured by the person in a model year that is exported not
 later than 30 days after the end of that model year. []  (5) `average fuel economy' means average fuel economy
 determined under section 32904 of this title. []  (6) `average fuel economy standard' means a performance
 standard specifying a minimum level of average fuel economy applicable to
 a manufacturer in a model year. []  (7) `dual energy automobile' means an automobile that--
 []  (A) is capable of operating on alcohol and gasoline or
 diesel fuel; []  (B) provides equal or superior energy efficiency, as
 calculated for the applicable model year during fuel economy testing for
 the United States Government, when operating on alcohol as when operating
 on gasoline or diesel fuel; []  (C) for model years 1993-1995, and if the Administrator of
 the Environmental Protection Agency decides to extend the application of
 this subclause, for an additional period ending not later than the end of
 the last model year to which section 32905(b) and (d) of this title applies,
 provides equal or superior energy efficiency, as calculated for the applicable
 model year during fuel economy testing for the Government, when operating
 on a mixture of alcohol and gasoline or diesel fuel containing exactly 50
 percent gasoline or diesel fuel as when operating on gasoline or diesel fuel;
 and []  (D) for a passenger automobile, meets the minimum driving
 range prescribed under subsection (b) of this section. []  (8) `fuel' means-- []  (A) gasoline; []  (B) diesel oil; or []  (C) other liquid or gaseous fuel that the Secretary decides
 by regulation to include in this definition as consistent with the need of
 the United States to conserve energy. []  (9) `fuel economy' means the average number of miles
 traveled by an automobile for each gallon of gasoline (or equivalent amount
 of other fuel) used, as determined by the Administrator under section 32904(c)
 of this title. []  (10) `import' means to import into the customs territory
 of the United States. []  (11) `manufacture' (except under section 32902(d) of this
 title) means to produce or assemble in the customs territory of the United
 States or to import. []  (12) `manufacturer' means-- []  (A) a person engaged in the business of manufacturing
 automobiles, including a predecessor or successor of the person to the extent
 provided under regulations prescribed by the Secretary; and []  (B) if more than one person is the manufacturer of an
 automobile, the person specified under regulations prescribed by the
 Secretary. []  (13) `model' means a class of automobiles as decided by
 regulation by the Administrator after consulting and coordinating with the
 Secretary. []  (14) `model year', when referring to a specific calendar
 year, means-- []  (A) the annual production period of a manufacturer as
 decided by the Administrator, including January 1 of that calendar year;
 or []  (B) that calendar year if the manufacturer does not have
 an annual production period. []  (15) `natural gas dual energy automobile' means an automobile
 that-- []  (A) is capable of operating on natural gas and on gasoline
 or diesel fuel; []  (B) provides equal or superior energy efficiency, as
 calculated for the applicable model year during fuel economy testing for
 the Government, when operating on natural gas as when operating on gasoline
 or diesel fuel; and []  (C) for a passenger automobile, meets the minimum driving
 range prescribed under subsection (b) of this section. []  (16) `natural gas powered automobile' means an automobile
 designed to operate only on natural gas. []  (17) `passenger automobile' means an automobile that the
 Secretary decides by regulation is manufactured primarily for transporting
 not more than 10 individuals, but does not include an automobile capable
 of off-highway operation that the Secretary decides by regulation--
 []  (A) has a significant feature (except 4-wheel drive)
 designed for off-highway operation; and []  (B) is a 4-wheel drive automobile or is rated at more than
 6,000 pounds gross vehicle weight. []  (b) MINIMUM DRIVING RANGES FOR DUAL ENERGY PASSENGER
 AUTOMOBILES- (1) Not later than April 14, 1990, the Secretary shall prescribe
 by regulation the minimum driving range that dual energy automobiles
 that are passenger automobiles must meet when operating on alcohol, and
 that natural gas dual energy automobiles that are passenger automobiles
 must meet when operating on natural gas, to be dual energy automobiles or
 natural gas dual energy automobiles under sections 32905 and 32906 of this
 title. A determination whether a dual energy automobile or natural gas dual
 energy automobile meets the minimum driving range requirement under this
 paragraph shall be based on the combined Environmental Protection Agency
 city/highway fuel economy as determined for average fuel economy purposes
 for those automobiles. []  (2)(A) The Secretary may prescribe a lower range for a
 specific model than that prescribed under paragraph (1) of this subsection. A
 manufacturer may petition for a lower range than that prescribed under
 paragraph (1) for a specific model. []  (B) If the Secretary prescribes a minimum driving range
 of 200 miles for dual energy automobiles under paragraph (1) of this
 subsection, subparagraph (A) of this paragraph does not apply to dual energy
 automobiles. []  (C) The minimum driving range prescribed for dual energy
 automobiles under subparagraph (A) of this paragraph or paragraph (1)
 of this subsection must be at least 200 miles. []  (3) In prescribing a minimum driving range under paragraph
 (1) of this subsection and in taking an action under paragraph (2) of this
 subsection, the Secretary shall consider the purpose of section 3 of the
 Alternative Motor Fuels Act of 1988 (Public Law 100-494, 102 Stat. 2442),
 consumer acceptability, economic practicability, technology, environmental
 impact, safety, drivability, performance, and other factors the Secretary
 considers relevant. [] Sec. 32902. Average fuel economy standards []  (a) NON-PASSENGER AUTOMOBILES- At least 18 months before
 the beginning of each model year, the Secretary of Transportation shall
 prescribe by regulation average fuel economy standards for automobiles
 (except passenger automobiles) manufactured by a manufacturer in that model
 year. Each standard shall be the maximum feasible average fuel economy
 level that the Secretary decides the manufacturers can achieve in that
 model year. The Secretary may prescribe separate standards for different
 classes of automobiles. []  (b) PASSENGER AUTOMOBILES- Except as provided in this section,
 the average fuel economy standard for passenger automobiles manufactured
 by a manufacturer in a model year after model year 1984 shall be 27.5 miles
 a gallon. []  (c) AMENDING PASSENGER AUTOMOBILE STANDARDS- (1) Subject
 to paragraph (2) of this subsection, the Secretary of Transportation may
 prescribe regulations amending the standard under subsection (b) of this
 section for a model year to a level that the Secretary decides is the
 maximum feasible average fuel economy level for that model year. Section
 553 of title 5 applies to a proceeding to amend the standard. However, any
 interested person may make an oral presentation and a transcript shall be
 taken of that presentation. []  (2) If an amendment increases the standard above 27.5 miles
 a gallon or decreases the standard below 26.0 miles a gallon, the Secretary
 of Transportation shall submit the amendment to Congress. The procedures
 of section 551 of the Energy Policy and Conservation Act (42 U.S.C. 6421)
 apply to an amendment, except that the 15 calendar days referred to in
 section 551(c) and (d) of the Act (42 U.S.C. 6421(c), (d)) are deemed to be
 60 calendar days, and the 5 calendar days referred to in section 551(f)(4)(A)
 of the Act (42 U.S.C. 6421(f)(4)(A)) are deemed to be 20 calendar days. If
 either House of Congress disapproves the amendment under those procedures,
 the amendment does not take effect. []  (d) EXEMPTIONS- (1) Except as provided in paragraph (2) of
 this subsection, on application of a manufacturer that manufactured (whether
 in the United States or not) fewer than 10,000 passenger automobiles in the
 model year 2 years before the model year for which the application is made,
 the Secretary of Transportation may exempt by regulation the manufacturer
 from a standard under subsection (b) or (c) of this section. An exemption
 for a model year applies only if the manufacturer manufactures (whether in
 the United States or not) fewer than 10,000 passenger automobiles in the
 model year. The Secretary may exempt a manufacturer only if the Secretary--
 []  (A) finds that the applicable standard under those subsections
 is more stringent than the maximum feasible average fuel economy level that
 the manufacturer can achieve; and []  (B) prescribes by regulation an alternative average
 fuel economy standard for the passenger automobiles manufactured by the
 exempted manufacturer that the Secretary decides is the maximum feasible
 average fuel economy level for the manufacturers to which the standard
 applies. []  (2) Notwithstanding paragraph (1) of this subsection, an
 importer registered under section 30141(c) of this title may not be exempted
 as a manufacturer under paragraph (1) for a motor vehicle that the importer--
 []  (A) imports; or []  (B) brings into compliance with applicable motor vehicle
 safety standards prescribed under chapter 301 of this title for an individual
 under section 30142 of this title. []  (3) The Secretary of Transportation may prescribe an
 alternative average fuel economy standard applicable to an individually
 exempted manufacturer, to all automobiles to which this subsection applies,
 or to classes of passenger automobiles, as defined under regulations of
 the Secretary, manufactured by exempted manufacturers. []  (4) The Secretary of Transportation may prescribe the
 contents of an application for an exemption. []  (e) EMERGENCY VEHICLES- (1) In this subsection, `emergency
 vehicle' means an automobile manufactured primarily for use-- []  (A) as an ambulance or combination ambulance-hearse;
 []  (B) by the United States Government or a State or local
 government for law enforcement; or []  (C) for other emergency uses prescribed by regulation by
 the Secretary of Transportation. []  (2) A manufacturer may elect to have the fuel economy of
 an emergency vehicle excluded in applying a fuel economy standard under
 subsection (a), (b), (c), or (d) of this section. The election is made
 by providing written notice to the Secretary of Transportation and to the
 Administrator of the Environmental Protection Agency. []  (f) CONSIDERATIONS ON DECISIONS ON MAXIMUM FEASIBLE AVERAGE
 FUEL ECONOMY- When deciding maximum feasible average fuel economy under
 this section, the Secretary of Transportation shall consider technological
 feasibility, economic practicability, the effect of other motor vehicle
 standards of the Government on fuel economy, and the need of the United
 States to conserve energy. []  (g) REQUIREMENTS FOR OTHER AMENDMENTS- (1) The Secretary
 of Transportation may prescribe regulations amending an average fuel
 economy standard prescribed under subsection (a) or (d) of this section
 if the amended standard meets the requirements of subsection (a) or (d),
 as appropriate. []  (2) When the Secretary of Transportation prescribes an
 amendment under this section that makes an average fuel economy standard
 more stringent, the Secretary shall prescribe the amendment (and submit
 the amendment to Congress when required under subsection (c)(2) of this
 section) at least 18 months before the beginning of the model year to which
 the amendment applies. []  (h) LIMITATIONS- In carrying out subsections (c), (f), and
 (g) of this section, the Secretary of Transportation-- []  (1) may not consider the fuel economy of alcohol powered
 automobiles or natural gas powered automobiles; and []  (2) shall consider dual energy automobiles and natural
 gas dual energy automobiles to be operated only on gasoline or diesel
 fuel. []  (i) SECRETARY OF ENERGY COMMENTS- (1) Before issuing a
 notice proposing to prescribe or amend an average fuel economy standard
 under subsection (a) or (c) of this section, the Secretary of Transportation
 shall give the Secretary of Energy at least 10 days from the receipt of the
 notice during which the Secretary of Energy may, if the Secretary of Energy
 concludes that the proposed standard would adversely affect the conservation
 goals of the Secretary of Energy, provide written comments to the Secretary
 of Transportation about the impact of the standard on those goals. To the
 extent the Secretary of Transportation does not revise a proposed standard
 to take into account comments of the Secretary of Energy on any adverse
 impact of the standard, the Secretary of Transportation shall include those
 comments in the notice. []  (2) Before taking final action on a standard or an exemption
 from a standard under this section, the Secretary of Transportation shall
 notify the Secretary of Energy and provide the Secretary of Energy a
 reasonable time to comment. []  (j) CONSULTATION- The Secretary of Transportation shall
 consult with the Secretary of Energy in carrying out this section and
 section 32903 of this title. [] Sec. 32903. Credits for exceeding average fuel economy
 standards []  (a) EARNING AND PERIOD FOR APPLYING CREDITS- When the average
 fuel economy of passenger automobiles manufactured by a manufacturer in a
 particular model year exceeds an applicable average fuel economy standard
 under section 32902(b)-(d) of this title (determined by the Secretary
 of Transportation without regard to credits under this section), the
 manufacturer earns credits. The credits may be applied to-- []  (1) any of the 3 consecutive model years immediately before
 the model year for which the credits are earned; and []  (2) to the extent not used under clause (1) of this
 subsection, any of the 3 consecutive model years immediately after the
 model year for which the credits are earned. []  (b) PERIOD OF AVAILABILITY AND PLAN FOR FUTURE CREDITS-
 (1) Except as provided in paragraph (2) of this subsection, credits under
 this section are available to a manufacturer at the end of the model year
 in which earned. []  (2)(A) Before the end of a model year, if a manufacturer has
 reason to believe that its average fuel economy for passenger automobiles will
 be less than the applicable standard for that model year, the manufacturer
 may submit a plan to the Secretary of Transportation demonstrating that
 the manufacturer will earn sufficient credits under this section within
 the next 3 model years to allow the manufacturer to meet that standard for
 the model year involved. Unless the Secretary finds that the manufacturer
 is unlikely to earn sufficient credits under the plan, the Secretary shall
 approve the plan. Those credits are available for the model year involved if--
 []  (i) the Secretary approves the plan; and []  (ii) the manufacturer earns those credits as provided by
 the plan. []  (B) If the average fuel economy of a manufacturer is less
 than the applicable standard under section 32902(b)-(d) of this title after
 applying credits under subsection (a)(1) of this section, the Secretary of
 Transportation shall notify the manufacturer and give the manufacturer a
 reasonable time (of at least 60 days) to submit a plan. []  (c) DETERMINING NUMBER OF CREDITS- The number of credits
 a manufacturer earns under this section equals the product of-- []  (1) the number of tenths of a mile a gallon by which the
 average fuel economy of the passenger automobiles manufactured by the
 manufacturer in the model year in which the credits are earned exceeds
 the applicable average fuel economy standard under section 32902(b)-(d)
 of this title; times []  (2) the number of passenger automobiles manufactured by
 the manufacturer during that model year. []  (d) APPLYING CREDITS FOR PASSENGER AUTOMOBILES- The
 Secretary of Transportation shall apply credits to a model year on the
 basis of the number of tenths of a mile a gallon by which the manufacturer
 involved was below the applicable average fuel economy standard for that
 model year and the number of passenger automobiles manufactured that model
 year by the manufacturer. Credits applied to a model year are no longer
 available for another model year. Before applying credits, the Secretary
 shall give the manufacturer written notice and reasonable opportunity to
 comment. []  (e) APPLYING CREDITS FOR NON-PASSENGER AUTOMOBILES- Credits
 for a manufacturer of automobiles that are not passenger automobiles are
 earned and applied to a model year in which the average fuel economy of that
 class of automobiles is below the applicable average fuel economy standard
 under section 32902(a) of this title, to the same extent and in the same
 way as provided in this section for passenger automobiles. []  (f) REFUND OF COLLECTED PENALTY- When a civil penalty
 has been collected under this chapter from a manufacturer that has earned
 credits under this section, the Secretary of the Treasury shall refund to
 the manufacturer the amount of the penalty to the extent the penalty is
 attributable to credits available under this section. [] Sec. 32904. Calculation of average fuel economy []  (a) METHOD OF CALCULATION- (1) The Administrator of the
 Environmental Protection Agency shall calculate the average fuel economy
 of a manufacturer subject to-- []  (A) section 32902(a) of this title in a way prescribed by
 the Administrator; and []  (B) section 32902(b)-(d) of this title by dividing--
 []  (i) the number of passenger automobiles manufactured by
 the manufacturer in a model year; by []  (ii) the sum of the fractions obtained by dividing the number
 of passenger automobiles of each model manufactured by the manufacturer in
 that model year by the fuel economy measured for that model. []  (2)(A) In this paragraph, `electric vehicle' means a vehicle
 powered primarily by an electric motor drawing electrical current from a
 portable source. []  (B) If a manufacturer manufactures an electric vehicle,
 the Administrator shall include in the calculation of average fuel economy
 under paragraph (1) of this subsection equivalent petroleum based fuel economy
 values determined by the Secretary of Energy for various classes of electric
 vehicles. The Secretary shall review those values each year and determine
 and propose necessary revisions based on the following factors: []  (i) the approximate electrical energy efficiency of the
 vehicle, considering the kind of vehicle and the mission and weight of the
 vehicle. []  (ii) the national average electrical generation and
 transmission efficiencies. []  (iii) the need of the United States to conserve all forms
 of energy and the relative scarcity and value to the United States of all
 fuel used to generate electricity. []  (iv) the specific patterns of use of electric vehicles
 compared to petroleum-fueled vehicles. []  (b) SEPARATE CALCULATIONS FOR PASSENGER AUTOMOBILES
 MANUFACTURED DOMESTICALLY AND NOT DOMESTICALLY- (1) In this subsection--
 []  (A) a passenger automobile is deemed to be manufactured
 domestically in a model year if at least 75 percent of the cost to the
 manufacturer is attributable to value added in the United States or
 Canada, unless the assembly of the automobile is completed in Canada and
 the automobile is imported into the United States more than 30 days after
 the end of the model year; and []  (B) the fuel economy of a passenger automobile that is not
 manufactured domestically is deemed to be equal to the average fuel economy
 of all passenger automobiles that are not manufactured domestically. []  (2)(A) Except as provided in paragraphs (4) and (5) of
 this subsection, the Administrator shall make separate calculations under
 subsection (a)(1)(B) of this section for-- []  (i) passenger automobiles manufactured domestically by
 a manufacturer (or included in this category under paragraph (3) of this
 subsection); and []  (ii) passenger automobiles not manufactured domestically
 by that manufacturer (or excluded from this category under paragraph (3)
 of this subsection). []  (B) Passenger automobiles described in subparagraph (A)(i)
 and (ii) of this paragraph are deemed to be manufactured by separate
 manufacturers under this chapter. []  (3)(A) A manufacturer may submit to the Secretary of
 Transportation for approval a plan, including supporting material, stating
 the actions and the dates when the actions will be taken, that will ensure
 that the automobile type or types referred to in subparagraph (B) of this
 paragraph will be manufactured domestically before the end of the 4th model
 year covered by the plan. The Secretary promptly shall consider and act on
 the plan. The Secretary shall approve the plan unless-- []  (i) the Secretary finds that the plan is inadequate to meet
 the requirements of this paragraph; or []  (ii) the manufacturer previously has submitted a plan
 approved by the Secretary under this paragraph. []  (B) If the plan is approved, the Administrator shall
 include under paragraph (2)(A)(i) and exclude under paragraph (2)(A)(ii)
 of this subsection, for each of the 4 model years covered by the plan, not
 more than 150,000 passenger automobiles manufactured by that manufacturer
 but not qualifying as domestically manufactured if-- []  (i) the model type or types involved previously have not
 been manufactured domestically; []  (ii) at least 50 percent of the cost to the manufacturer
 of each of the automobiles is attributable to value added in the United
 States or Canada; []  (iii) the automobiles, if their assembly was completed in
 Canada, are imported into the United States not later than 30 days after
 the end of the model year; and []  (iv) the automobile model type or types are manufactured
 domestically before the end of the 4th model year covered by the
 plan. []  (4)(A) A manufacturer may file with the Secretary of
 Transportation a petition for an exemption from the requirement of separate
 calculations under paragraph (2)(A) of this subsection if the manufacturer
 began automobile production or assembly in the United States-- []  (i) after December 22, 1975, and before May 1, 1980; or
 []  (ii) after April 30, 1980, if the manufacturer has engaged
 in the production or assembly in the United States for at least one model
 year ending before January 1, 1986. []  (B) The Secretary of Transportation shall grant the exemption
 unless the Secretary finds that the exemption would result in reduced
 employment in the United States related to motor vehicle manufacturing
 during the period of the exemption. An exemption under this paragraph is
 effective for 5 model years or, if requested by the manufacturer, a longer
 period provided by the Secretary in the order granting the exemption. The
 exemption applies to passenger automobiles manufactured by that manufacturer
 during the period of the exemption. []  (C) Before granting an exemption, the Secretary of
 Transportation shall provide notice of, and reasonable opportunity for,
 written or oral comment about the petition. The period for comment
 shall end not later than 60 days after the petition is filed, except
 that the Secretary may extend the period for not more than another 30
 days. The Secretary shall decide whether to grant or deny the exemption,
 and publish notice of the decision in the Federal Register, not later than
 90 days after the petition is filed, except that the Secretary may extend
 the time for decision to a later date (not later than 150 days after the
 petition is filed) if the Secretary publishes notice of, and reasons for,
 the extension in the Federal Register. If the Secretary does not make a
 decision within the time provided in this subparagraph, the petition is
 deemed to have been granted. Not later than 30 days after the end of the
 decision period, the Secretary shall submit a written statement of the
 reasons for not making a decision to the Committee on Commerce, Science,
 and Transportation of the Senate and the Committee on Energy and Commerce
 of the House of Representatives. []  (5)(A) A person adversely affected by a decision of the
 Secretary of Transportation granting or denying an exemption may file,
 not later than 30 days after publication of the notice of the decision, a
 petition for review in the United States Court of Appeals for the District
 of Columbia Circuit. That court has exclusive jurisdiction to review the
 decision and to affirm, remand, or set aside the decision under section
 706(2)(A)-(D) of title 5. []  (B) A judgment of the court under this subparagraph may be
 reviewed by the Supreme Court under section 1254 of title 28. Application
 for review by the Supreme Court must be made not later than 30 days after
 entry of the court's judgment. []  (C) A decision of the Secretary of Transportation
 on a petition for an exemption under this paragraph may be reviewed
 administratively or judicially only as provided in this paragraph. []  (6) Notwithstanding section 32903 of this title, during
 a model year when an exemption under this paragraph is effective for a
 manufacturer-- []  (A) credit may not be earned under section 32903(a) of this
 title by the manufacturer; and []  (B) credit may not be made available under section 32903(b)(2)
 of this title for the manufacturer. []  (c) TESTING AND CALCULATION PROCEDURES- The Administrator
 shall measure fuel economy for each model and calculate average fuel economy
 for a manufacturer under testing and calculation procedures prescribed by
 the Administrator. However, except under section 32908 of this title, the
 Administrator shall use the same procedures for passenger automobiles the
 Administrator used for model year 1975 (weighted 55 percent urban cycle and
 45 percent highway cycle), or procedures that give comparable results. A
 measurement of fuel economy or a calculation of average fuel economy
 (except under section 32908) shall be rounded off to the nearest .1 of a
 mile a gallon. The Administrator shall decide on the quantity of other fuel
 that is equivalent to one gallon of gasoline. To the extent practicable,
 a fuel economy test shall be carried out with emissions tests under section
 206 of the Clean Air Act (42 U.S.C. 7525). []  (d) EFFECTIVE DATE OF PROCEDURE OR AMENDMENT- The
 Administrator shall prescribe a procedure under this section, or an amendment
 (except a technical or clerical amendment) in a procedure, at least 12
 months before the beginning of the model year to which the procedure or
 amendment applies. []  (e) REPORTS AND CONSULTATION- The Administrator shall
 report measurements and calculations under this section to the Secretary
 of Transportation and shall consult and coordinate with the Secretary in
 carrying out this section. [] Sec. 32905. Manufacturing incentives for alternative fuel
 automobiles []  (a) ALCOHOL POWERED AUTOMOBILES- For any model of alcohol
 powered automobile manufactured by a manufacturer after model year 1992,
 the fuel economy measured for that model shall be based on the fuel content
 of the alcohol used to operate the automobile. A gallon of alcohol used to
 operate an alcohol powered automobile is deemed to contain .15 gallon of
 fuel. []  (b) DUAL ENERGY AUTOMOBILES- For any model of dual energy
 automobile manufactured by a manufacturer in model years 1993-2004, the
 Administrator of the Environmental Protection Agency shall measure the fuel
 economy for that model by dividing 1.0 by the sum of-- []  (1) .5 divided by the fuel economy measured under section
 32904(c) of this title when operating the model on gasoline or diesel fuel;
 and []  (2) .5 divided by the fuel economy measured under subsection
 (a) of this section when operating the model on alcohol. []  (c) NATURAL GAS POWERED AUTOMOBILES- For any model of natural
 gas powered automobile manufactured by a manufacturer after model year 1992,
 the Administrator shall measure the fuel economy for that model based on the
 fuel content of the natural gas used to operate the automobile. One hundred
 cubic feet of natural gas is deemed to contain .823 gallon equivalent of
 natural gas. A gallon equivalent of natural gas is deemed to have a fuel
 content of .15 gallon of fuel. []  (d) NATURAL GAS DUAL ENERGY AUTOMOBILES- For any model of
 natural gas dual energy automobile manufactured by a manufacturer in model
 years 1993-2004, the Administrator shall measure the fuel economy for that
 model by dividing 1.0 by the sum of-- []  (1) .5 divided by the fuel economy measured under section
 32904(c) of this title when operating the model on gasoline or diesel fuel;
 and []  (2) .5 divided by the fuel economy measured under subsection
 (c) of this section when operating the model on natural gas. []  (e) FUEL ECONOMY CALCULATIONS- The Administrator shall
 calculate the manufacturer's average fuel economy under section 32904(a)(1)
 of this title for each model described under subsections (a)-(d) of this
 section by using as the denominator the fuel economy measured for each
 model under subsections (a)-(d). []  (f) EXTEND