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Surface Transportation Assistance Act


The Surface Transportation Assistance Act of 1982 was a comprehensive transportation funding and policy act of the United States Federal Government, 96 Stat. 2097. The legislation was championed by the Reagan administration to address concerns about the surface transportation infrastructure (highways and bridges). The companion Highway Revenue Act of 1982 added five cents to the per gallon gas tax (the first such increase since 1961), of which four cents was dedicated to restore interstate highways and bridges, and one cent for public transit. The Act also set a goal of 10 percent for participation of disadvantaged business enterprises in federal-aid projects.

Section 165 (49 U.S.C. § 5323j), called the "Buy America" provision or Buy America Act—not to be confused with the 1933-enacted Buy American Act—applies to mass-transit-related procurements. It established requirements intended to give preference to the use of domestically produced materials on any procurements funded at least in part by federal funds. Implementation of the requirements is regulated by the Federal Transit Administration.

Effective in 1983, Section 405 (49 U.S.C. § 31105) was enacted to encourage employee reporting of noncompliance with safety regulations governing commercial motor vehicles. Congress recognized that employees in the transportation industry are often best able to detect safety violations and yet, because they may be threatened with discharge for cooperating with enforcement agencies, they need express protection against retaliation for reporting these violations. See, e. g., 128 Cong. Rec. 32698 (1982) (remarks of Sen. Percy); id., at 32509–32510 (remarks of Sen. Danforth). Section 405 protects employee "whistle-blowers" by forbidding discharge, discipline, or other forms of discrimination by the employer in response to an employee's complaining about or refusing to operate motor vehicles that do not meet the applicable safety standards.


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