754
‘‘110. Saint Lawrence Seaway Development Corporation.
‘‘111. Bureau of Transportation Statistics.’’.
(6)(A) Chapter 3 is amended by inserting immediately after section
303 the following new section:
‘‘§ 303a. Development of water transportation
‘‘(a) POLICY.—It is the policy of Congress—
‘‘(1) to promote, encourage, and develop water transportation, serv-
ice, and facilities for the commerce of the United States; and
‘‘(2) to foster and preserve rail and water transportation.
‘‘(b) DEFINITION.—In this section, ‘inland waterway’ includes the Great
Lakes.
‘‘(c) REQUIREMENTS.—The Secretary of Transportation shall—
‘‘(1) investigate the types of vessels suitable for different classes of
inland waterways to promote, encourage, and develop inland waterway
transportation facilities for the commerce of the United States;
‘‘(2) investigate water terminals, both for inland waterway traffic
and for through traffic by water and rail, including the necessary
docks, warehouses, and equipment, and investigate railroad spurs and
switches connecting with those water terminals, to develop the types
most appropriate for different locations and for transferring passengers
or property between water carriers and rail carriers more expeditiously
and economically;
‘‘(3) consult with communities, cities, and towns about the location
of water terminals, and cooperate with them in preparing plans for ter-
minal facilities;
‘‘(4) investigate the existing status of water transportation on the
different inland waterways of the United States to learn the extent to
which—
‘‘(A) the waterways are being used to their capacity and are
meeting the demands of traffic; and
‘‘(B) water carriers using those waterways are interchanging
traffic with rail carriers;
‘‘(5) investigate other matters that may promote and encourage in-
land water transportation; and
‘‘(6) compile, publish, and distribute information about transpor-
tation on inland waterways that the Secretary considers useful to the
commercial interests of the United States.’’.
(B) The analysis of chapter 3 is amended by inserting immediately
after item 303 the following new item:
‘‘303a.
Development of water transportation.’’.
(7) Amend section 329 as follows:
(A) In subsection (b)(1)—
755
(i) strike ‘‘title VII of the Federal Aviation Act of 1958 (49
U.S.C. 1441 et seq.)’’ and substitute ‘‘chapter 11 of this
title’’;
(ii) strike ‘‘and overseas’’ and ‘‘or overseas’’ wherever it ap-
pears; and
(iii) strike ‘‘section 419 of the Federal Aviation Act of
1958’’ and substitute ‘‘subchapter II of chapter 417 of this
title’’.
(B) In subsection (d), strike ‘‘the Federal Aviation Act of 1958
(49 App. U.S.C. 1301 et seq.)’’ and substitute ‘‘part A of subtitle
VII of this title’’.
(8) In section 331(b), strike ‘‘services, supplies, and facilities pro-
vided under subsection (a)(1), (2), and (3) of this section’’ and sub-
stitute ‘‘medical treatment provided under subsection (a)(1) of this sec-
tion and for supplies and services provided under subsection (a)(2) and
(3) of this section’’.
(9)(A) Sections 334 and 335 are repealed.
(B) Items 334 and 335 in the analysis of chapter 3 are repealed.
(10)(A) Chapter 3 is amended by adding immediately after section
336 the following:
‘‘§ 337. Budget request for the Director of Intelligence and
Security
‘‘The annual budget the Secretary of Transportation submits shall in-
clude a specific request for the Office of the Director of Intelligence and
Security. In deciding on the budget request for the Office, the Secretary
shall consider recommendations in the annual report submitted under sec-
tion 44938(a) of this title.
‘‘SUBCHAPTER III—MISCELLANEOUS
‘‘§ 351. Judicial review of actions in carrying out certain
transferred duties and powers
‘‘(a) JUDICIAL REVIEW.—An action of the Secretary of Transportation
in carrying out a duty or power transferred under the Department of Trans-
portation Act (Public Law 89–670, 80 Stat. 931), or an action of the Ad-
ministrator of the Federal Railroad Administration, the Federal Highway
Administration, or the Federal Aviation Administration in carrying out a
duty or power specifically assigned to the Administrator by that Act, may
be reviewed judicially to the same extent and in the same way as if the ac-
tion had been an action by the department, agency, or instrumentality of
the United States Government carrying out the duty or power immediately
before the transfer or assignment.
756
‘‘(b) APPLICATION OF PROCEDURAL REQUIREMENTS.—A statutory re-
quirement related to notice, an opportunity for a hearing, action on the
record, or administrative review that applied to a duty or power transferred
by the Act applies to the Secretary or Administrator when carrying out the
duty or power.
‘‘(c) NONAPPLICATION.—This section does not apply to a duty or power
transferred from the Interstate Commerce Commission to the Secretary
under section 6(e)(1)–(4) and (6)(A) of the Act.
‘‘§ 352. Authority to carry out certain transferred duties and
powers
‘‘In carrying out a duty or power transferred under the Department of
Transportation Act (Public Law 89–670, 80 Stat. 931), the Secretary of
Transportation and the Administrators of the Federal Railroad Administra-
tion, the Federal Highway Administration, and the Federal Aviation Admin-
istration have the same authority that was vested in the department, agen-
cy, or instrumentality of the United States Government carrying out the
duty or power immediately before the transfer. An action of the Secretary
or Administrator in carrying out the duty or power has the same effect as
when carried out by the department, agency, or instrumentality.
‘‘§ 353. Toxicological testing of officers and employees
‘‘(a) COLLECTING SPECIMENS.—When the Secretary of Transportation or
the head of a component of the Department of Transportation conducts
post-accident or post-incident toxicological testing of an officer or employee
of the Department, the Secretary or head shall collect the specimen from
the officer or employee as soon as practicable after the accident or incident.
The Secretary or head shall try to collect the specimen not later than 4
hours after the accident or incident.
‘‘(b) REPORTS.—The head of each component shall submit a report to the
Secretary on the circumstances about the amount of time required to collect
the specimen for a toxicological test conducted on an officer or employee
who is reasonably associated with the circumstances of an accident or inci-
dent under the investigative jurisdiction of the National Transportation
Safety Board.
‘‘(c) NONCOMPLIANCE NOT A DEFENSE.—An officer or employee re-
quired to submit to toxicological testing may not assert failure to comply
with this section as a claim, cause of action, or defense in an administrative
or judicial proceeding.’’.
(B) The analysis of chapter 3 is amended by adding immediately
after item 336 the following:
‘‘337.
Budget request for the Director of Intelligence and Security.
‘‘SUBCHAPTER III—MISCELLANEOUS
‘‘351.
Judicial review of actions in carrying out certain transferred duties and powers.
757
‘‘352.
Authority to carry out certain transferred duties and powers.
‘‘353.
Toxicological testing of officers and employees.’’.
(11)(A) In section 501(a), strike clauses (4)–(9).
(B) Strike section 508.
(C) In the analysis of chapter 105, strike the item related to section
508.
(D) In section 521(b)(2)(A), strike ‘‘section 508’’ and substitute
‘‘chapter 59’’.
(12) In sections 502(e)(2) and 10321(d)(3), insert ‘‘judge’’ after
‘‘United States magistrate’’.
(13) Section 10362(b)(5) is amended to read as follows:
‘‘(5) prescribe regulations that contain standards for the computa-
tion of subsidies for rail passenger transportation (except passenger
transportation compensation disputes subject to the jurisdiction of the
Commission under sections 24308(a) and 24903(c)(2) of this title) that
are consistent with the compensation principles described in the final
system plan established under the Regional Rail Reorganization Act of
1973 (45 U.S.C. 701 et seq.) and that avoid cross-subsidization among
commuter, intercity, and freight rail transportation;’’.
(14) In sections 10363(c) and 10383(c), strike ‘‘rate for GS–18’’
and substitute ‘‘maximum rate payable under section 5376 of title 5’’.
(15) In section 10501(d)—
(A) strike ‘‘procedures of this title’’ and substitute ‘‘procedures
of this subtitle’’; and
(B) strike ‘‘provided in this title’’ and substitute ‘‘provided in
this subtitle’’.
(16) In section 10504—
(A) strike ‘‘local public body’’ wherever it appears and sub-
stitute ‘‘local governmental authority’’;
(B) strike ‘‘rail mass transportation’’ wherever it appears and
substitute ‘‘mass transportation’’;
(C) in subsection (a)(1)(A), strike ‘‘section 1608(c)(2)’’ and
substitute ‘‘section 5302(a)’’; and
(D) in subsection (a)(2), strike ‘‘section 1608(c)(5)’’ and sub-
stitute ‘‘section 5302(a)’’.
(17) In section 10526(a)—
(A) in clause (8)(B), strike ‘‘Civil Aeronautics Board or its suc-
cessor agency’’ and substitute ‘‘Secretary of Transportation’’;
(B) in clause (10), strike ‘‘work.’’ and substitute ‘‘work;’’;
(C) in clause (13), strike ‘‘or’’; and
(D) in clause (14), strike ‘‘title.’’ and substitute ‘‘title; or’’.
758
(18) In section 10530(i)(3), strike ‘‘notifed’’ and substitute ‘‘noti-
fied’’.
(19) In section 10701a(b)(3), strike ‘‘policy of this title’’ and sub-
stitute ‘‘policy of this subtitle’’.
(20) In section 10705a(g)(3)—
(A) before clause (A), strike ‘‘provision of this title’’ and sub-
stitute ‘‘provision of this subtitle’’; and
(B) in clause (A), strike ‘‘service over any rate’’ and substitute
‘‘service over any route’’.
(21) In section 10707(d)—
(A) in paragraph (2), strike ‘‘under this title’’ and substitute
‘‘under this subtitle’’; and
(B) in paragraph (3), strike ‘‘title’’ wherever it appears and
substitute ‘‘subtitle’’.
(22) In section 10707a(b)(1), strike ‘‘paragraph (2)’’ and substitute
‘‘paragraph (3)’’.
(23) In section 10731(e), strike ‘‘provision of this title’’ and sub-
stitute ‘‘provision of this subtitle’’.
(24) In section 10749(b)(2), strike ‘‘Civil Aeronautics Board under
the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.)’’ and
substitute ‘‘Secretary of Transportation under part A of subtitle VII
of this title’’.
(25) In section 10751(b), strike ‘‘purposes of this title’’ and sub-
stitute ‘‘purposes of this subtitle’’.
(26) In section 10905(d)(1) and (e), strike ‘‘government authority’’
and substitute ‘‘governmental authority’’.
(27) In section 10910—
(A) in subsection (a)(1), strike ‘‘government authority’’ and
substitute ‘‘governmental authority’’; and
(B) in subsection (g)(1), strike ‘‘provisions of this title’’ and
substitute ‘‘provisions of this subtitle’’.
(28) In section 10924(e), insert ‘‘of’’ after ‘‘protection’’.
(29) In the analysis of chapter 111—
(A) in item 11128, strike ‘‘Water’’ and substitute ‘‘War’’; and
(B) in item 11142, strike ‘‘systems’’ and substitute ‘‘system’’.
(30) In section 11162(a), strike ‘‘proceedings under this title’’ and
substitute ‘‘proceedings under this subtitle’’.
(31) In section 11163, strike ‘‘purposes of this title’’ and substitute
‘‘purposes of this subtitle’’.
(32) In section 11166(a), strike ‘‘pursuant to this title’’ and sub-
stitute ‘‘under this subtitle’’.
759
(33) In section 11167, strike ‘‘under this title’’ and substitute
‘‘under this subtitle’’.
(34) In section 11501(b)(3)(A), strike ‘‘title’’ and substitute ‘‘sub-
title’’.
(35) In section 11909(b), strike ‘‘1966,,’’ and substitute ‘‘1966,’’.
(k) Effective January 1, 1999, the following sections of title 49, United
States Code, as enacted by section 1 of this Act, are amended as follows:
(1) In sections 41107, 41901(b)(1), 41902(a), and 41903,
strike ‘‘transportation or between places in Alaska’’ wherever it
appears and substitute ‘‘transportation’’.
(2) Strike section 41901(g).
(3) In section 41902(b)—
(A) strike clause (3); and
(B) in clause (4), strike ‘‘clauses (1)–(3)’’ and substitute
‘‘clauses (1) and (2)’’.
(l ) The Act of June 29, 1940 (ch. 444, 54 Stat. 686), is amended as
follows:
(1) Except as provided in paragraphs (2) and (3) of this subsection,
strike ‘‘Administrator’’ wherever it appears and substitute ‘‘Secretary’’.
(2) In subsection (a) of the first section, strike ‘‘ ‘Administrator’
means the Administrator of the Federal Aviation Agency’’ and sub-
stitute ‘‘ ‘Secretary’ means the Secretary of Transportation’’.
(3) In section 4(a), strike ‘‘Administrator, and any Federal Aviation
Agency’’ and substitute ‘‘Secretary, and any Department of Transpor-
tation’’.
(4) In section 6, strike ‘‘United States commissioner’’ wherever it
appears and substitute ‘‘United States magistrate judge’’.
(m) The Act of September 7, 1950 (ch. 905, 64 Stat. 770), is amended
as follows:
(1) Except as provided in paragraph (2) of this subsection, strike
‘‘Administrator’’ wherever it appears and substitute ‘‘Secretary’’.
(2) In the first section, strike ‘‘Administrator of the Federal Aviation
Agency’’ and ‘‘ ‘Administrator’ ’’ and substitute ‘‘Secretary of Trans-
portation’’ and ‘‘ ‘Secretary’ ’’, respectively.
(3) In sections 4 and 8(a), strike ‘‘Federal Aviation Agency’’ and
substitute ‘‘Department of Transportation’’.
(4) In section 8(d), strike ‘‘United States Commissioner’’ wherever
it appears and substitute ‘‘United States magistrate judge’’.
(n) Section 101(1st complete par. on p. 646) of the Act of August 30,
1964 (Public Law 88–507, 78 Stat. 646), is amended by striking ‘‘Adminis-
760
trator of the Federal Aviation Agency’’ and substituting ‘‘Secretary of
Transportation’’.
(o ) Section 9111 of the Anti-Drug Abuse Act of 1988 (Public Law 100–
690, 102 Stat. 4531) is amended as follows:
(1) In the introductory language of subsection (b)(1), strike ‘‘Sub-
section (b) of section 10530 of such title is amended by striking out
paragraph (1) and inserting in lieu thereof the following new para-
graph:’’ and substitute ‘‘Subsection (b)(1) of section 10530 of title 49
is amended to read as follows:’’.
(2) In subsection (b)(2), strike ‘‘Such subsection’’ and substitute
‘‘Subsection (b) of section 10530’’.
(3) In the introductory language of subsection (f)(1), strike ‘‘Sub-
section (g) of such section is amended by striking out paragraph (1)
and inserting in lieu thereof the following:’’ and substitute ‘‘Subsection
(g)(1) of section 10530 of title 49 is amended to read as follows:’’.
(4) In subsection (f)(2), strike ‘‘Such subsection’’ and substitute
‘‘Subsection (g) of section 10530’’.
(p) Section 4007(e) of the Intermodal Surface Transportation Efficiency
Act of 1991 (Public Law 102–240, 105 Stat. 2153) is amended by inserting
‘‘and section 31307 of title 49, United States Code’’ immediately after ‘‘this
section’’.
(q) The revision of regulations, referred to in section 32705(b)(2)(A) of
title 49, United States Code, as enacted by section 1 of this Act, that is
required by section 7 of the Independent Safety Board Act Amendments of
1990 (Public Law 101–641, 104 Stat. 4657) shall be prescribed not later
than May 28, 1991.
(r) Section 165 of the Surface Transportation Assistance Act of 1982
(Public Law 97–424, 96 Stat. 2136) is amended as follows:
(1) In subsections (a) and (d), strike ‘‘the Urban Mass Transpor-
tation Act of 1964,’’.
(2) In subsection (b)—
(A) after the semicolon at the end of clause (2), add ‘‘or’’; and
(B) strike clause (3).
(s) Effective on the date the regulations required under section 60101(b)
of title 49, United States Code, as enacted by section 1 of this Act, are ef-
fective, section 60101(a)(21) and (22) of title 49, as enacted by section 1,
is amended to read as follows:
‘‘(21) ‘transporting gas’—
‘‘(A) means—
761
‘‘(i) the gathering, transmission, or distribution of gas by
pipeline, or the storage of gas, in interstate or foreign com-
merce; and
‘‘(ii) the movement of gas through regulated gathering
lines; but
‘‘(B) does not include gathering gas (except through regulated
gathering lines) in a rural area outside a populated area des-
ignated by the Secretary as a nonrural area.
‘‘(22) ‘transporting hazardous liquid’—
‘‘(A) means—
‘‘(i) the movement of hazardous liquid by pipeline, or the
storage of hazardous liquid incidental to the movement of
hazardous liquid by pipeline, in or affecting interstate or for-
eign commerce; and
‘‘(ii) the movement of hazardous liquid through regulated
gathering lines; but
‘‘(B) does not include moving hazardous liquid through—
‘‘(i) gathering lines (except regulated gathering lines) in a
rural area;
‘‘(ii) onshore production, refining, or manufacturing facili-
ties; or
‘‘(iii) storage or in-plant piping systems associated with on-
shore production, refining, or manufacturing facilities.’’.
(t)(1) Not later than March 3, 1995, the Secretary of Transportation
shall complete a regulatory proceeding to consider prescribing regulations to
improve the safety and working conditions of locomotive cabs. The proceed-
ing shall assess—
(A) the adequacy of Locomotive Crashworthiness Requirements
Standard S–580, or any successor standard, adopted by the Association
of American Railroads in 1989 in improving the safety of locomotive
cabs; and
(B) the extent to which environmental, sanitary, and other working
conditions in locomotive cabs affect productivity, health, and the safe
operation of locomotives.
(2) SUPPORTING RESEARCH AND ANALYSIS.—In support of the proceed-
ing required under paragraph (1) of this subsection, the Secretary shall con-
duct research and analysis, including computer modeling and full-scale crash
testing, as appropriate, to consider—
(A) the costs and benefits associated with equipping locomotives
with—
(i) braced collision posts;
762
(ii) rollover protection devices;
(iii) deflection plates;
(iv) shatterproof windows;
(v) readily accessible crash refuges;
(vi) uniform sill heights;
(vii) anticlimbers, or other equipment designed to prevent over-
rides resulting from head-on locomotive collisions;
(viii) equipment to deter post-collision entry of flammable liq-
uids into locomotive cabs;
(ix) any other devices intended to provide crash protection for
occupants of locomotive cabs; and
(x) functioning and regularly maintained sanitary facilities; and
(B) the effects on train crews of the presence of asbestos in loco-
motive components.
(3) REPORT.—If, on the basis of the proceeding required under para-
graph (1) of this subsection, the Secretary decides not to prescribe regula-
tions, the Secretary shall report to Congress on the reasons for that deci-
sion.
(u) Not later than April 25, 1993, the Attorney General shall prescribe
the regulations required under section 33110(c) of title 49, United States
Code, as enacted by section 1 of this Act. Section 33110(b) of title 49 is
effective not later than 3 months after those regulations are prescribed but
not before the date on which the National Stolen Passenger Motor Vehicle
Information System established under section 33109 of title 49 is oper-
ational.
(v) Section 33111 of title 49, United States Code, as enacted by section
1 of this Act, is effective on the date on which the National Stolen Pas-
senger Motor Vehicle Information System is established under section
33109 of title 49.
CONFORMING CROSS-REFERENCES
Sec. 5. (a) Sections 551(1)(H) and 701(b)(1)(H) of title 5, United States
Code, are amended by striking ‘‘or sections 1622,’’ and substituting ‘‘sub-
chapter II of chapter 471 of title 49; or sections’’.
(b) Title 10, United States Code, is amended as follows:
(1) In section 2640—
(A) in subsections (a)(1)(A) and (d)(1)(B)(i), strike ‘‘title VI of
the Federal Aviation Act of 1958 (49 U.S.C. App. 1421 et seq.)’’
and substitute ‘‘chapter 447 of title 49’’; and
(B) in subsection (i), strike ‘‘sections 101(3), 101(5), 101(10),
and 101(15), respectively, of the Federal Aviation Act of 1958 (49
763
U.S.C. App. 1301(3), 1301(5), 1301(10), and 1301(15))’’ and
substitute ‘‘section 40102(a) of title 49’’.
(2) In section 9511(1), strike ‘‘section 101 of the Federal Aviation
Act of 1958 (49 U.S.C. 1301)’’ and substitute ‘‘section 40102(a) of
title 49’’.
(3) In section 9512(b)(4), strike ‘‘section 501 of the Federal Avia-
tion Act of 1958 (49 U.S.C. App. 1401)’’ and substitute ‘‘section
44103 of title 49’’.
(c) Section 1110(a) of title 11, United States Code, is amended by strik-
ing ‘‘section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)’’,
‘‘subsection B(4) of the Ship Mortgage Act, 1920 (46 U.S.C. 911(4))’’, and
‘‘Civil Aeronautics Board’’ and substituting ‘‘section 40102(a) of title 49’’,
‘‘section 30101 of title 46’’, and ‘‘Secretary of Transportation’’, respectively.
(d) The last sentence of section 82 of title 14, United States Code, is
amended to read as follows: ‘‘Nothing in this title shall be deemed to limit
the authority granted by chapter 167 of title 10 or part A of subtitle VII
of title 49.’’.
(e) Title 18, United States Code, is amended as follows:
(1) In section 31, strike ‘‘the Federal Aviation Act of 1958, as
amended’’ and substitute ‘‘sections 40102(a) and 46501 of title 49’’.
(2) In the last sentence of sections 112(e), 878(d), 1116(c), and
1201(e), strike ‘‘section’’ and all that follows and substitute ‘‘section
46501(2) of title 49.’’.
(3) In section 511(c)—
(A) in clause (1), strike ‘‘the National Traffic and Motor Vehi-
cle Safety Act of 1966, or the Motor Vehicle Information and Cost
Savings Act’’ and substitute ‘‘chapter 301 and part C of subtitle
VI of title 49’’; and
(B) in clause (2), strike ‘‘section 2 of the Motor Vehicle Infor-
mation and Cost Savings Act’’ and substitute ‘‘section 32101 of
title 49’’.
(4) In section 512(a)(2)(A), strike ‘‘the National Traffic and Motor
Vehicle Safety Act of 1966’’ and substitute ‘‘chapter 301 of title 49’’.
(5) In section 553(c)—
(A) in clause (1), strike ‘‘section 2 of the Motor Vehicle Infor-
mation and Cost Savings Act’’ and substitute ‘‘section 32101 of
title 49’’; and
(B) in clause (4), strike ‘‘section 101 of the Federal Aviation
Act of 1958 (49 U.S.C. App. 1301)’’ and substitute ‘‘section
40102(a) of title 49’’.