H. R. 1758—579
the Secretary by order may waive compliance with any part of
an applicable standard prescribed under this chapter on terms
the Secretary considers appropriate, if the waiver is not inconsistent
with pipeline safety. The Secretary shall state the reasons for
granting a waiver under this subsection. The Secretary may act
on a waiver only after notice and an opportunity for a hearing.
(d) WAIVERS BY STATE AUTHORITIES.—If a certification under
section 60105 of this title or an agreement under section 60106
of this title is in effect, the State authority may waive compliance
with a safety standard to which the certification or agreement
applies in the same way and to the same extent the Secretary
may waive compliance under subsection (c) of this section. However,
the authority must give the Secretary written notice of the waiver
at least 60 days before its effective date. If the Secretary makes
a written objection before the effective date of the waiver, the
waiver is stayed. After notifying the authority of the objection,
the Secretary shall provide a prompt opportunity for a hearing.
The Secretary shall make the final decision on granting the waiver.
§ 60119. Judicial review
(a) REVIEW OF REGULATIONS AND WAIVER ORDERS.—(1) Except
as provided in subsection (b) of this section, a person adversely
affected by a regulation prescribed under this chapter or an order
issued about an application for a waiver under section 60118(c)
or (d) of this title may apply for review of the regulation or 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 89 days after the regulation is prescribed or order
is issued. The clerk of the court immediately shall send a copy
of the petition to the Secretary of Transportation.
(2) A judgment of a court under paragraph (1) of this subsection
may be reviewed only by the Supreme Court under section 1254
of title 28. A remedy under paragraph (1) is in addition to any
other remedies provided by law.
(b) REVIEW OF FINANCIAL RESPONSIBILITY ORDERS.—(1) A per-
son adversely affected by an order issued under section 60111
of this title may apply for review of the order by filing a petition
for review in the appropriate court of appeals of the United States.
The petition must be filed not later than 60 days after the order
is issued. Findings of fact the Secretary makes are conclusive if
supported by substantial evidence.
(2) A judgment of a court under paragraph (1) of this subsection
may be reviewed only by the Supreme Court under section 1254(1)
of title 28.
§ 60120. Enforcement
(a) CIVIL ACTIONS.—(1) On the request of the Secretary of
Transportation, the Attorney General may bring a civil action in
an appropriate district court of the United States to enforce this
chapter or a regulation prescribed or order issued under this chap-
ter. The court may award appropriate relief, including punitive
damages.
(2) At the request of the Secretary, the Attorney General may
bring a civil action in a district court of the United States to
require a person to comply immediately with a subpena or to
H. R. 1758—580
allow an officer, employee, or agent authorized by the Secretary
to enter the premises, and inspect the records and property, of
the person to decide whether the person is complying with this
chapter. The action may be brought in the judicial district in which
the defendant resides, is found, or does business. The court may
punish a failure to obey the order as a contempt of court.
(b) JURY TRIAL DEMAND.—In a trial for criminal contempt
for violating an injunction issued under 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.).
(c) EFFECT ON TORT LIABILITY.—This chapter does not affect
the tort liability of any person.
§ 60121. Actions by private persons
(a) GENERAL AUTHORITY.—(1) A person may bring a civil action
in an appropriate district court of the United States for an injunc-
tion against another person (including the United States Govern-
ment and other governmental authorities to the extent permitted
under the 11th amendment to the Constitution) for a violation
of this chapter or a regulation prescribed or order issued under
this chapter. However, the person—
(A) may bring the action only after 60 days after the
person has given notice of the violation to the Secretary of
Transportation or to the appropriate State authority (when
the violation is alleged to have occurred in a State certified
under section 60105 of this title) and to the person alleged
to have committed the violation;
(B) may not bring the action if the Secretary or authority
has begun and diligently is pursuing an administrative proceed-
ing for the violation; and
(C) may not bring the action if the Attorney General of
the United States, or the chief law enforcement officer of a
State, has begun and diligently is pursuing a judicial proceeding
for the violation.
(2) The Secretary shall prescribe the way in which notice is
given under this subsection.
(3) The Secretary, with the approval of the Attorney General,
or the Attorney General may intervene in an action under para-
graph (1) of this subsection.
(b) COSTS AND FEES.—The court may award costs, reasonable
expert witness fees, and a reasonable attorney’s fee to a prevailing
plaintiff in a civil action under this section. The court may award
costs to a prevailing defendant when the action is unreasonable,
frivolous, or meritless. In this subsection, a reasonable attorney’s
fee is a fee—
(1) based on the actual time spent and the reasonable
expenses of the attorney for legal services provided to a person
under this section; and
(2) computed at the rate prevailing for providing similar
services for actions brought in the court awarding the fee.
(c) STATE VIOLATIONS AS VIOLATIONS OF THIS CHAPTER.—In
this section, a violation of a safety standard or practice of a State
is deemed to be a violation of this chapter or a regulation prescribed
or order issued under this chapter only to the extent the standard
H. R. 1758—581
or practice is not more stringent than a comparable minimum
safety standard prescribed under this chapter.
(d) ADDITIONAL REMEDIES.—A remedy under this section is
in addition to any other remedies provided by law. This section
does not restrict a right to relief that a person or a class of
persons may have under another law or at common law.
§ 60122. Civil penalties
(a) GENERAL PENALTIES.—(1) A person that the Secretary of
Transportation decides, after written notice and an opportunity
for a hearing, has violated section 60114(c) or 60118(a) of this
title 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 $25,000 for each violation. A separate violation
occurs for each day the violation continues. The maximum civil
penalty under this paragraph for a related series of violations
is $500,000.
(2) A person violating a standard or order under section 60103
or 60111 of this title is liable to the Government for a civil penalty
of not more than $50,000 for each violation. A penalty under this
paragraph may be imposed in addition to penalties imposed under
paragraph (1) of this subsection.
(b) PENALTY CONSIDERATIONS.—In determining the amount of
a civil penalty under this section, the Secretary shall consider—
(1) the nature, circumstances, 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 ability to continue doing business;
(3) good faith in attempting to comply; and
(4) other matters that justice requires.
(c) COLLECTION
AND COMPROMISE.—(1) The Secretary may
request the Attorney General to bring a civil action in an appro-
priate district court of the United States to collect a civil penalty
imposed under this section.
(2) The Secretary may compromise the amount of a civil penalty
imposed under this section before referral to the Attorney General.
(d) 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.
(e) DEPOSIT IN TREASURY.—Amounts collected under this sec-
tion shall be deposited in the Treasury as miscellaneous receipts.
(f) PROHIBITION ON MULTIPLE PENALTIES FOR SAME ACT.—Sepa-
rate penalties for violating a regulation prescribed under this chap-
ter and for violating an order under section 60112 or 60118(b)
of this title may not be imposed under this chapter if both violations
are based on the same act.
§ 60123. Criminal penalties
(a) GENERAL PENALTY.—A person knowingly and willfully vio-
lating section 60114(c) or 60118(a) of this title 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.
(b) PENALTY FOR DAMAGING OR DESTROYING FACILITY.—A per-
son knowingly and willfully damaging or destroying, or attempting
to damage or destroy, an interstate gas pipeline facility or interstate
hazardous liquid pipeline facility shall be fined under title 18,
imprisoned for not more than 15 years, or both.
H. R. 1758—582
(c) PENALTY FOR DAMAGING OR DESTROYING SIGN.—A person
knowingly and willfully defacing, damaging, removing, or destroying
a pipeline sign or right-of-way marker required by a law or regula-
tion of the United States shall be fined under title 18, imprisoned
for not more than one year, or both.
(d) PENALTY FOR NOT USING ONE-CALL NOTIFICATION SYSTEM
OR NOT HEEDING LOCATION INFORMATION OR MARKINGS.—A person
shall be fined under title 18, imprisoned for not more than 5
years, or both, if the person knowingly and willfully—
(1) engages in an excavation activity—
(A) without first using an available one-call notification
system to establish the location of underground facilities
in the excavation area; or
(B) without paying attention to appropriate location
information or markings the operator of a pipeline facility
establishes; and
(2) subsequently damages—
(A) a pipeline facility that results in death, serious
bodily harm, or actual damage to property of more than
$50,000; or
(B) a hazardous liquid pipeline facility that results
in the release of more than 50 barrels of product.
§ 60124. Annual reports
(a) SUBMISSION AND CONTENTS.—The Secretary of Transpor-
tation shall submit to Congress not later than August 15 of each
year a report on carrying out this chapter for the prior calendar
year for gas and a report on carrying out this chapter for the
prior calendar year for hazardous liquid. Each report shall include
the following information about the prior year for gas or hazardous
liquid, as appropriate:
(1) a thorough compilation of the leak repairs, accidents,
and casualties and a statement of cause when investigated
and established by the National Transportation Safety Board.
(2) a list of applicable pipeline safety standards prescribed
under this chapter including identification of standards pre-
scribed during the year.
(3) a summary of the reasons for each waiver granted
under section 60118(c) and (d) of this title.
(4) an evaluation of the degree of compliance with
applicable safety standards, including a list of enforcement
actions and compromises of alleged violations by location and
company name.
(5) a summary of outstanding problems in carrying out
this chapter, in order of priority.
(6) an analysis and evaluation of—
(A) research activities, including their policy implica-
tions, completed as a result of the United States Govern-
ment and private sponsorship; and
(B) technological progress in safety achieved.
(7) a list, with a brief statement of the issues, of completed
or pending judicial actions under this chapter.
(8) the extent to which technical information was distrib-
uted to the scientific community and consumer-oriented
information was made available to the public.
(9) a compilation of certifications filed under section 60105
of this title that were—
H. R. 1758—583
(A) in effect; or
(B) rejected in any part by the Secretary and a sum-
mary of the reasons for each rejection.
(10) a compilation of agreements made under section 60106
of this title that were—
(A) in effect; or
(B) ended in any part by the Secretary and a summary
of the reasons for ending each agreement.
(11) a description of the number and qualifications of State
pipeline safety inspectors in each State for which a certification
under section 60105 of this title or an agreement under section
60106 of this title is in effect and the number and qualifications
of inspectors the Secretary recommends for that State.
(12) recommendations for legislation the Secretary consid-
ers necessary—
(A) to promote cooperation among the States in improv-
ing—
(i) gas pipeline safety; or
(ii) hazardous liquid pipeline safety programs; and
(B) to strengthen the national gas pipeline safety pro-
gram.
(b) SUBMISSION OF ONE REPORT.—The Secretary may submit
one report to carry out subsection (a) of this section.
§ 60125. Authorization of appropriations
(a) GAS.—Not more than the following amounts may be appro-
priated to the Secretary of Transportation to carry out this chapter
(except sections 60107 and 60114(b)) related to gas:
(1) $6,857,000 for the fiscal year ending September 30,
1993.
(2) $7,000,000 for the fiscal year ending September 30,
1994.
(3) $7,500,000 for the fiscal year ending September 30,
1995.
(b) HAZARDOUS LIQUID.—Not more than the following amounts
may be appropriated to the Secretary to carry out this chapter
(except sections 60107 and 60114(b)) related to hazardous liquid:
(1) $1,728,500 for the fiscal year ending September 30,
1993.
(2) $1,866,800 for the fiscal year ending September 30,
1994.
(3) $2,000,000 for the fiscal year ending September 30,
1995.
(c) STATE GRANTS.—(1) Not more than the following amounts
may be appropriated to the Secretary to carry out section 60107
of this title:
(A) $7,750,000 for the fiscal year ending September 30,
1993.
(B) $9,000,000 for the fiscal year ending September 30,
1994.
(C) $10,000,000 for the fiscal year ending September 30,
1995.
(2) At least 5 percent of amounts appropriated to carry out
United States Government grants-in-aid programs for a fiscal year
are available only to carry out section 60107 of this title related
to hazardous liquid.
H. R. 1758—584
(3) Not more than 20 percent of a pipeline safety program
grant under section 60107 of this title may be allocated to indirect
expenses.
(d) GRANTS FOR ONE-CALL NOTIFICATION SYSTEMS.—Not more
than $lllll may be appropriated to the Secretary for the
fiscal year ending September 30, 19l, to carry out section 60114(b)
of this title. Amounts under this subsection remain available until
expended.
(e) CREDITING APPROPRIATIONS FOR EXPENDITURES FOR TRAIN-
ING.—The Secretary may credit to an appropriation authorized
under subsection (a) or (b) of this section amounts received from
sources other than the Government for reimbursement for expenses
incurred by the Secretary in providing training.
(f) AVAILABILITY OF UNUSED AMOUNTS FOR GRANTS.—(1) The
Secretary shall make available for grants to States amounts appro-
priated for each of the fiscal years that ended September 30, 1986,
and 1987, that have not been expended in making grants under
section 60107 of this title.
(2) A grant under this subsection is available to a State that
after December 31, 1987—
(A) undertakes a new responsibility under section 60105
of this title; or
(B) implements a one-call damage prevention program
established under State law.
(3) This subsection does not authorize a State to receive more
than 50 percent of its allowable pipeline safety costs from a grant
under this chapter.
(4) A State may receive not more than $75,000 under this
subsection.
(5) Amounts under this subsection remain available until
expended.
CHAPTER 603—USER FEES
Sec.
60301.
User fees.
§ 60301. User fees
(a) SCHEDULE OF FEES.—The Secretary of Transportation shall
prescribe a schedule of fees for all natural gas and hazardous
liquids transported by pipelines subject to chapter 601 of this title.
The fees shall be based on usage (in reasonable relationship to
volume-miles, miles, revenues, or a combination of volume-miles,
miles, and revenues) of the pipelines. The Secretary shall consider
the allocation of resources of the Department of Transportation
when establishing the schedule.
(b) IMPOSITION
AND TIME
OF COLLECTION.—A fee shall be
imposed on each person operating a gas pipeline transmission facil-
ity, a liquefied natural gas pipeline facility, or a hazardous liquid
pipeline facility to which chapter 601 of this title applies. The
fee shall be collected before the end of the fiscal year to which
it applies.
(c) MEANS
OF COLLECTION.—The Secretary shall prescribe
procedures to collect fees under this section. The Secretary may
use a department, agency, or instrumentality of the United States
Government or of a State or local government to collect the fee
and may reimburse the department, agency, or instrumentality
a reasonable amount for its services.
H. R. 1758—585
(d) USE OF FEES.—A fee collected under this section—
(1)(A) related to a gas pipeline facility may be used only
for an activity related to gas under chapter 601 of this title;
and
(B) related to a hazardous liquid pipeline facility may be
used only for an activity related to hazardous liquid under
chapter 601 of this title; and
(2) may be used only to the extent provided in advance
in an appropriation law.
(e) LIMITATIONS.—Fees prescribed under subsection (a) of this
section shall be sufficient to pay for the costs of activities described
in subsection (d) of this section. However, the total amount collected
for a fiscal year may not be more than 105 percent of the total
amount of the appropriations made for the fiscal year for activities
to be financed by the fees.
CHAPTER 605—INTERSTATE COMMERCE REGULATION
Sec.
60501.
Secretary of Energy.
60502.
Federal Energy Regulatory Commission.
60503.
Effect of enactment.
§ 60501. Secretary of Energy
Except as provided in section 60502 of this title, the Secretary
of Energy has the duties and powers related to the transportation
of oil by pipeline that were vested on October 1, 1977, in the
Interstate Commerce Commission or the chairman or a member
of the Commission.
§ 60502. Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission has the duties
and powers related to the establishment of a rate or charge for
the transportation of oil by pipeline or the valuation of that pipeline
that were vested on October 1, 1977, in the Interstate Commerce
Commission or an officer or component of the Interstate Commerce
Commission.
§ 60503. Effect of enactment
The enactment of the Act of October 17, 1978 (Public Law
95–473, 92 Stat. 1337), the Act of January 12, 1983 (Public Law
97–449, 96 Stat. 2413), and the Act enacting this section does
not repeal, and has no substantive effect on, any right, obligation,
liability, or remedy of an oil pipeline, including a right, obligation,
liability, or remedy arising under the Interstate Commerce Act
or the Act of August 29, 1916 (known as the Pomerene Bills of
Lading Act), before any department, agency, or instrumentality
of the United States Government, an officer or employee of the
Government, or a court of competent jurisdiction.
SUBTITLE IX—COMMERCIAL SPACE
TRANSPORTATION
CHAPTER
Sec.
701.
COMMERCIAL SPACE LAUNCH ACTIVITIES ..................................... 70101
703.
SPACE 
TRANSPORTATION 
INFRASTRUCTURE 
MATCHING
GRANTS.
70301
H. R. 1758—586
CHAPTER 701—COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec.
70101.
Findings and purposes.
70102.
Definitions.
70103.
General authority.
70104.
Restrictions on launches and operations.
70105.
License applications and requirements.
70106.
Monitoring activities.
70107.
Effective periods, and modifications, suspensions, and revocations, of li-
censes.
70108.
Prohibition, suspension, and end of launches and operation of launch sites.
70109.
Preemption of scheduled launches.
70110.
Administrative hearings and judicial review.
70111.
Acquiring United States Government property and services.
70112.
Liability insurance and financial responsibility requirements.
70113.
Paying claims exceeding liability insurance and financial responsibility re-
quirements.
70114.
Disclosing information.
70115.
Enforcement and penalty.
70116.
Consultation.
70117.
Relationship to other executive agencies, laws, and international obliga-
tions.
70118.
User fees.
70119.
Authorization of appropriations.
§ 70101. Findings and purposes
(a) FINDINGS.—Congress finds that—
(1) the peaceful uses of outer space continue to be of great
value and to offer benefits to all mankind;
(2) private applications of space technology have achieved
a significant level of commercial and economic activity and
offer the potential for growth in the future, particularly in
the United States;
(3) new and innovative equipment and services are being
sought, produced, and offered by entrepreneurs in telecommuni-
cations, information services, and remote sensing technologies;
(4) the private sector in the United States has the capability
of developing and providing private satellite launching and
associated services that would complement the launching and
associated services now available from the United States
Government;
(5) the development of commercial launch vehicles and
associated services would enable the United States to retain
its competitive position internationally, contributing to the
national interest and economic well-being of the United States;
(6) providing launch services by the private sector is
consistent with the national security and foreign policy interests
of the United States and would be facilitated by stable, minimal,
and appropriate regulatory guidelines that are fairly and
expeditiously applied;
(7) the United States should encourage private sector
launches and associated services and, only to the extent nec-
essary, regulate those launches and services to ensure compli-
ance with international obligations of the United States and
to protect the public health and safety, safety of property,
and national security and foreign policy interests of the United
States;
(8) space transportation, including the establishment and
operation of launch sites and complementary facilities, the
providing of launch services, the establishment of support facili-
ties, and the providing of support services, is an important
element of the transportation system of the United States,
H. R. 1758—587
and in connection with the commerce of the United States
there is a need to develop a strong space transportation infra-
structure with significant private sector involvement; and
(9) the participation of State governments in encouraging
and facilitating private sector involvement in space-related
activity, particularly through the establishment of a space
transportation-related infrastructure, including launch sites,
complementary facilities, and launch site support facilities, is
in the national interest and is of significant public benefit.
(b) PURPOSES.—The purposes of this chapter are—
(1) to promote economic growth and entrepreneurial activ-
ity through use of the space environment for peaceful purposes;
(2) to encourage the United States private sector to provide
launch vehicles and associated services by—
(A) simplifying and expediting the issuance and trans-
fer of commercial launch licenses; and
(B) facilitating and encouraging the use of Government-
developed space technology;
(3) to provide that the Secretary of Transportation is to
oversee and coordinate the conduct of commercial launch oper-
ations, issue and transfer commercial launch licenses authoriz-
ing those operations, and protect the public health and safety,
safety of property, and national security and foreign policy
interests of the United States; and
(4) to facilitate the strengthening and expansion of the
United States space transportation infrastructure, including
the enhancement of United States launch sites and launch-
site support facilities, with Government, State, and private
sector involvement, to support the full range of United States
space-related activities.
§ 70102. Definitions
In this chapter—
(1) ‘‘citizen of the United States’’ means—
(A) an individual who is a citizen of the United States;
(B) an entity organized or existing under the laws
of the United States or a State; or
(C) an entity organized or existing under the laws
of a foreign country if the controlling interest (as defined
by the Secretary of Transportation) is held by an individual
or entity described in subclause (A) or (B) of this clause.
(2) ‘‘executive agency’’ has the same meaning given that
term in section 105 of title 5.
(3) ‘‘launch’’ means to place or try to place a launch vehicle
and any payload—
(A) in a suborbital trajectory;
(B) in Earth orbit in outer space; or
(C) otherwise in outer space.
(4) ‘‘launch property’’ means an item built for, or used
in, the launch preparation or launch of a launch vehicle.
(5) ‘‘launch services’’ means—
(A) activities involved in the preparation of a launch
vehicle and payload for launch; and
(B) the conduct of a launch.
(6) ‘‘launch site’’ means the location on Earth from which
a launch takes place (as defined in a license the Secretary
issues or transfers under this chapter) and necessary facilities.
H. R. 1758—588
(7) ‘‘launch vehicle’’ means—
(A) a vehicle built to operate in, or place a payload
in, outer space; and
(B) a suborbital rocket.
(8) ‘‘payload’’ means an object that a person undertakes
to place in outer space by means of a launch vehicle, including
components of the vehicle specifically designed or adapted for
that object.
(9) ‘‘person’’ means an individual and an entity organized
or existing under the laws of a State or country.
(10) ‘‘State’’ means a State of the United States, the District
of Columbia, and a territory or possession of the United States.
(11) ‘‘third party’’ means a person except—
(A) the United States Government or the Government’s
contractors or subcontractors involved in launch services;
(B) a licensee or transferee under this chapter;
(C) a licensee’s or transferee’s contractors, subcontrac-
tors, or customers involved in launch services; or
(D) the customer’s contractors or subcontractors
involved in launch services.
(12) ‘‘United States’’ means the States of the United States,
the District of Columbia, and the territories and possessions
of the United States.
§ 70103. General authority
(a) GENERAL.—The Secretary of Transportation shall carry out
this chapter.
(b) FACILITATING COMMERCIAL LAUNCHES.—In carrying out this
chapter, the Secretary shall—
(1) encourage, facilitate, and promote commercial space
launches by the private sector; and
(2) take actions to facilitate private sector involvement
in commercial space transportation activity, and to promote
public-private partnerships involving the United States Govern-
ment, State governments, and the private sector to build,
expand, modernize, or operate a space launch infrastructure.
(c) EXECUTIVE AGENCY ASSISTANCE.—When necessary, the head
of an executive agency shall assist the Secretary in carrying out
this chapter.
§ 70104. Restrictions on launches and operations
(a) LICENSE REQUIREMENT.—A license issued or transferred
under this chapter is required for the following:
(1) for a person to launch a launch vehicle or to operate
a launch site in the United States.
(2) for a citizen of the United States (as defined in section
70102(1)(A) or (B) of this title) to launch a launch vehicle
or to operate a launch site outside the United States.
(3) for a citizen of the United States (as defined in section
70102(1)(C) of this title) to launch a launch vehicle or to operate
a launch site outside the United States and outside the territory
of a foreign country unless there is an agreement between
the United States Government and the government of the for-
eign country providing that the government of the foreign coun-
try has jurisdiction over the launch or operation.
(4) for a citizen of the United States (as defined in section
70102(1)(C) of this title) to launch a launch vehicle or to operate
H. R. 1758—589
a launch site in the territory of a foreign country if there
is an agreement between the United States Government and
the government of the foreign country providing that the United
States Government has jurisdiction over the launch or oper-
ation.
(b) COMPLIANCE WITH PAYLOAD REQUIREMENTS.—The holder
of a launch license under this chapter may launch a payload only
if the payload complies with all requirements of the laws of the
United States related to launching a payload.
(c) PREVENTING LAUNCHES.—The Secretary of Transportation
shall establish whether all required licenses, authorizations, and
permits required for a payload have been obtained. If no license,
authorization, or permit is required, the Secretary may prevent
the launch if the Secretary decides the launch would jeopardize
the public health and safety, safety of property, or national security
or foreign policy interest of the United States.
§ 70105. License applications and requirements
(a) APPLICATIONS.—A person may apply to the Secretary of
Transportation for a license or transfer of a license under this
chapter in the form and way the Secretary prescribes. Consistent
with the public health and safety, safety of property, and national
security and foreign policy interests of the United States, the Sec-
retary, not later than 180 days after receiving an application, shall
issue or transfer a license if the Secretary decides in writing that
the applicant complies, and will continue to comply, with this chap-
ter and regulations prescribed under this chapter. The Secretary
shall inform the applicant of any pending issue and action required
to resolve the issue if the Secretary has not made a decision not
later than 120 days after receiving an application.
(b) REQUIREMENTS.—(1) Except as provided in this subsection,
all requirements of the laws of the United States applicable to
the launch of a launch vehicle or the operation of a launch site
are requirements for a license under this chapter.
(2) The Secretary may prescribe—
(A) any term necessary to ensure compliance with this
chapter, including on-site verification that a launch or operation
complies with representations stated in the application;
(B) an additional requirement necessary to protect the pub-
lic health and safety, safety of property, national security
interests, and foreign policy interests of the United States;
and
(C) by regulation that a requirement of a law of the United
States not be a requirement for a license if the Secretary,
after consulting with the head of the appropriate executive
agency, decides that the requirement is not necessary to protect
the public health and safety, safety of property, and national
security and foreign policy interests of the United States.
(3) The Secretary may waive a requirement for an individual
applicant if the Secretary decides that the waiver is in the public
interest and will not jeopardize the public health and safety, safety
of property, and national security and foreign policy interests of
the United States.
(c) PROCEDURES AND TIMETABLES.—The Secretary shall estab-
lish procedures and timetables that expedite review of a license
application and reduce the regulatory burden for an applicant.
H. R. 1758—590
§ 70106. Monitoring activities
(a) GENERAL REQUIREMENTS.—A licensee under this chapter
must allow the Secretary of Transportation to place an officer
or employee of the United States Government or another individual
as an observer at a launch site the licensee uses, at a production
facility or assembly site a contractor of the licensee uses to produce
or assemble a launch vehicle, or at a site at which a payload
is integrated with a launch vehicle. The observer will monitor
the activity of the licensee or contractor at the time and to the
extent the Secretary considers reasonable to ensure compliance
with the license or to carry out the duties of the Secretary under
section 70104(c) of this title. A licensee must cooperate with an
observer carrying out this subsection.
(b) CONTRACTS.—To the extent provided in advance in an appro-
priation law, the Secretary may make a contract with a person
to carry out subsection (a) of this section.
§ 70107. Effective periods, and modifications, suspensions,
and revocations, of licenses
(a) EFFECTIVE
PERIODS
OF
LICENSES.—The Secretary of
Transportation shall specify the period for which a license issued
or transferred under this chapter is in effect.
(b) MODIFICATIONS.—On the initiative of the Secretary or on
application of the licensee, the Secretary may modify a license
issued or transferred under this chapter if the Secretary decides
the modification will comply with this chapter.
(c) SUSPENSIONS AND REVOCATIONS.—The Secretary may sus-
pend or revoke a license if the Secretary decides that—
(1) the licensee has not complied substantially with a
requirement of this chapter or a regulation prescribed under
this chapter; or
(2) the suspension or revocation is necessary to protect
the public health and safety, the safety of property, or a
national security or foreign policy interest of the United States.
(d) EFFECTIVE PERIODS OF MODIFICATIONS, SUSPENSIONS, AND
REVOCATIONS.—Unless the Secretary specifies otherwise, a modi-
fication, suspension, or revocation under this section takes effect
immediately and remains in effect during a review under section
70110 of this title.
(e) NOTIFICATION.—The Secretary shall notify the licensee in
writing of the decision of the Secretary under this section and
any action the Secretary takes or proposes to take based on the
decision.
§ 70108. Prohibition, suspension, and end of launches and
operation of launch sites
(a) GENERAL AUTHORITY.—The Secretary of Transportation may
prohibit, suspend, or end immediately the launch of a launch vehicle
or the operation of a launch site licensed under this chapter if
the Secretary decides the launch or operation is detrimental to
the public health and safety, the safety of property, or a national
security or foreign policy interest of the United States.
(b) EFFECTIVE PERIODS OF ORDERS.—An order under this sec-
tion takes effect immediately and remains in effect during a review
under section 70110 of this title.
H. R. 1758—591
§ 70109. Preemption of scheduled launches
(a) GENERAL.—With the cooperation of the Secretary of Defense
and the Administrator of the National Aeronautics and Space
Administration, the Secretary of Transportation shall act to ensure
that a launch of a payload is not preempted from access to a
United States Government launch site or launch property, except
for imperative national need, when a launch date commitment
from the Government has been obtained for a launch licensed
under this chapter. A licensee or transferee preempted from access
to a launch site or launch property does not have to pay the
Government any amount for launch services attributable only to
the scheduled launch prevented by the preemption.
(b) IMPERATIVE NATIONAL NEED DECISIONS.—In consultation
with the Secretary of Transportation, the Secretary of Defense
or the Administrator shall decide when an imperative national
need requires preemption under subsection (a) of this section. That
decision may not be delegated.
(c) REPORTS.—In cooperation with the Secretary of Transpor-
tation, the Secretary of Defense or the Administrator, as appro-
priate, shall submit to Congress not later than 7 days after a
decision to preempt under subsection (a) of this section, a report
that includes an explanation of the circumstances justifying the
decision and a schedule for ensuring the prompt launching of a
preempted payload.
§ 70110. Administrative hearings and judicial review
(a) ADMINISTRATIVE HEARINGS.—The Secretary of Transpor-
tation shall provide an opportunity for a hearing on the record
to—
(1) an applicant under this chapter, for a decision of the
Secretary under section 70105(a) of this title to issue or transfer
a license with terms or deny the issuance or transfer of a
license;
(2) an owner or operator of a payload under this chapter,
for a decision of the Secretary under section 70104(c) of this
title to prevent the launch of the payload; and
(3) a licensee under this chapter, for a decision of the
Secretary under—
(A) section 70107 (b) or (c) of this title to modify,
suspend, or revoke a license; or
(B) section 70108(a) of this title to prohibit, suspend,
or end a launch or operation of a launch site licensed
by the Secretary.
(b) JUDICIAL REVIEW.—A final action of the Secretary under
this chapter is subject to judicial review as provided in chapter
7 of title 5.
§ 70111. Acquiring United States Government property and
services
(a) GENERAL REQUIREMENTS
AND CONSIDERATIONS.—(1) The
Secretary of Transportation shall facilitate and encourage the
acquisition by the private sector and State governments of—
(A) launch property of the United States Government that
is excess or otherwise is not needed for public use; and
(B) launch services, including utilities, of the Government
otherwise not needed for public use.
H. R. 1758—592
(2) In acting under paragraph (1) of this subsection, the Sec-
retary shall consider the commercial availability on reasonable
terms of substantially equivalent launch property or launch services
from a domestic source.
(b) PRICE.—(1) In this subsection, ‘‘direct costs’’ means the
actual costs that—
(A) can be associated unambiguously with a commercial
launch effort; and
(B) the Government would not incur if there were no
commercial launch effort.
(2) In consultation with the Secretary, the head of the executive
agency providing the property or service under subsection (a) of
this section shall establish the price for the property or service.
The price for—
(A) acquiring launch property by sale or transaction instead
of sale is the fair market value;
(B) acquiring launch property (except by sale or transaction
instead of sale) is an amount equal to the direct costs, including
specific wear and tear and property damage, the Government
incurred because of acquisition of the property; and
(C) launch services is an amount equal to the direct costs,
including the basic pay of Government civilian and contractor
personnel, the Government incurred because of acquisition of
the services.
(c) COLLECTION BY SECRETARY.—The Secretary may collect a
payment under this section with the consent of the head of the
executive agency establishing the price. Amounts collected under
this subsection shall be deposited in the Treasury. Amounts (except
for excess launch property) shall be credited to the appropriation
from which the cost of providing the property or services was
paid.
(d) COLLECTION BY OTHER GOVERNMENTAL HEADS.—The head
of a department, agency, or instrumentality of the Government
may collect a payment for an activity involved in producing a
launch vehicle or its payload for launch if the activity was agreed
to by the owner or manufacturer of the launch vehicle or payload.
§ 70112. Liability insurance and financial responsibility
requirements
(a) GENERAL REQUIREMENTS.—(1) When a license is issued
or transferred under this chapter, the licensee or transferee shall
obtain liability insurance or demonstrate financial responsibility
in amounts to compensate for the maximum probable loss from
claims by—
(A) a third party for death, bodily injury, or property dam-
age or loss resulting from an activity carried out under the
license; and
(B) the United States Government against a person for
damage or loss to Government property resulting from an activ-
ity carried out under the license.
(2) The Secretary of Transportation shall determine the
amounts required under paragraph (1)(A) and (B) of this subsection,
after consulting with the Administrator of the National Aeronautics
and Space Administration, the Secretary of the Air Force, and
the heads of other appropriate executive agencies.
H. R. 1758—593
(3) For the total claims related to one launch, a licensee or
transferee is not required to obtain insurance or demonstrate finan-
cial responsibility of more than—
(A)(i) $500,000,000 under paragraph (1)(A) of this sub-
section; or
(ii) $100,000,000 under paragraph (1)(B) of this subsection;
or
(B) the maximum liability insurance available on the world
market at reasonable cost if the amount is less than the
applicable amount in clause (A) of this paragraph.
(4) An insurance policy or demonstration of financial respon-
sibility under this subsection shall protect the following, to the
extent of their potential liability for involvement in launch services,
at no cost to the Government:
(A) the Government.
(B) executive agencies and personnel, contractors, and sub-
contractors of the Government.
(C) contractors, subcontractors, and customers of the
licensee or transferee.
(D) contractors and subcontractors of the customer.
(b) RECIPROCAL WAIVER OF CLAIMS.—(1) A license issued or
transferred under this chapter shall contain a provision requiring
the licensee or transferee to make a reciprocal waiver of claims
with its contractors, subcontractors, and customers, and contractors
and subcontractors of the customers, involved in launch services
under which each party to the waiver agrees to be responsible
for property damage or loss it sustains, or for personal injury
to, death of, or property damage or loss sustained by its own
employees resulting from an activity carried out under the license.
(2) The Secretary of Transportation shall make, for the Govern-
ment, executive agencies of the Government involved in launch
services, and contractors and subcontractors involved in launch
services, a reciprocal waiver of claims with the licensee or trans-
feree, contractors, subcontractors, and customers of the licensee
or transferee, and contractors and subcontractors of the customers,
involved in launch services under which each party to the waiver
agrees to be responsible for property damage or loss it sustains,
or for personal injury to, death of, or property damage or loss
sustained by its own employees resulting from an activity carried
out under the license. The waiver applies only to the extent that
claims are more than the amount of insurance or demonstration
of financial responsibility required under subsection (a)(1)(B) of
this section. After consulting with the Administrator and the Sec-
retary of the Air Force, the Secretary of Transportation may waive,
for the Government and a department, agency, and instrumentality
of the Government, the right to recover damages for damage or
loss to Government property to the extent insurance is not available
because of a policy exclusion the Secretary of Transportation decides
is usual for the type of insurance involved.
(c) DETERMINATION OF MAXIMUM PROBABLE LOSSES.—The Sec-
retary of Transportation shall determine the maximum probable
losses under subsection (a)(1)(A) and (B) of this section associated
with an activity under a license not later than 90 days after a
licensee or transferee requires a determination and submits all
information the Secretary requires. The Secretary shall amend the
determination as warranted by new information.
H. R. 1758—594
(d) ANNUAL REPORT.—(1) Not later than November 15 of each
year, the Secretary of Transportation shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a report on current determinations made under
subsection (c) of this section related to all issued licenses and
the reasons for the determinations.
(2) Not later than May 15 of each year, the Secretary of
Transportation shall review the amounts specified in subsection
(a)(3)(A) of this section and submit a report to Congress that con-
tains proposed adjustments in the amounts to conform with changed
liability expectations and availability of insurance on the world
market. The proposed adjustment takes effect 30 days after a report
is submitted.
(e) LAUNCHES INVOLVING GOVERNMENT FACILITIES AND PERSON-
NEL.—The Secretary of Transportation shall establish requirements
consistent with this chapter for proof of financial responsibility
and other assurances necessary to protect the Government and
its executive agencies and personnel from liability, death, bodily
injury, or property damage or loss as a result of a launch or
operation of a launch site involving a facility or personnel of the
Government. The Secretary may not relieve the Government of
liability under this subsection for death, bodily injury, or property
damage or loss resulting from the willful misconduct of the Govern-
ment or its agents.
(f) COLLECTION
AND CREDITING PAYMENTS.—The head of a
department, agency, or instrumentality of the Government shall
collect a payment owed for damage or loss to Government property
under its jurisdiction or control resulting from an activity carried
out under a license issued or transferred under this chapter. The
payment shall be credited to the current applicable appropriation,
fund, or account of the department, agency, or instrumentality.
§ 70113. Paying claims exceeding liability insurance and
financial responsibility requirements
(a) GENERAL REQUIREMENTS.—(1) To the extent provided in
advance in an appropriation law or to the extent additional legisla-
tive authority is enacted providing for paying claims in a compensa-
tion plan submitted under subsection (d) of this section, the Sec-
retary of Transportation shall provide for the payment by the United
States Government of a successful claim (including reasonable
litigation or settlement expenses) of a third party against a licensee
or transferee under this chapter, a contractor, subcontractor, or
customer of the licensee or transferee, or a contractor or subcontrac-
tor of a customer, resulting from an activity carried out under
the license issued or transferred under this chapter for death,
bodily injury, or property damage or loss resulting from an activity
carried out under the license. However, claims may be paid under
this section only to the extent the total amount of successful claims
related to one launch—
(A) is more than the amount of insurance or demonstration
of financial responsibility required under section 70112(a)(1)(A)
of this title; and
(B) is not more than $1,500,000,000 (plus additional
amounts necessary to reflect inflation occurring after January
1, 1989) above that insurance or financial responsibility
amount.
H. R. 1758—595
(2) The Secretary may not provide for paying a part of a
claim for which death, bodily injury, or property damage or loss
results from willful misconduct by the licensee or transferee. To
the extent insurance required under section 70112(a)(1)(A) of this
title is not available to cover a successful third party liability
claim because of an insurance policy exclusion the Secretary decides
is usual for the type of insurance involved, the Secretary may
provide for paying the excluded claims without regard to the limita-
tion contained in section 70112(a)(1).
(b) NOTICE, PARTICIPATION, AND APPROVAL.—Before a payment
under subsection (a) of this section is made—
(1) notice must be given to the Government of a claim,
or a civil action related to the claim, against a party described
in subsection (a)(1) of this section for death, bodily injury,
or property damage or loss;
(2) the Government must be given an opportunity to partici-
pate or assist in the defense of the claim or action; and
(3) the Secretary must approve any part of a settlement
to be paid out of appropriations of the Government.
(c) WITHHOLDING PAYMENTS.—The Secretary may withhold a
payment under subsection (a) of this section if the Secretary certifies
that the amount is not reasonable. However, the Secretary shall
deem to be reasonable the amount of a claim finally decided by
a court of competent jurisdiction.
(d) SURVEYS, REPORTS, AND COMPENSATION PLANS.—(1) If as
a result of an activity carried out under a license issued or trans-
ferred under this chapter the total of claims related to one launch
is likely to be more than the amount of required insurance or
demonstration of financial responsibility, the Secretary shall—
(A) survey the causes and extent of damage; and
(B) submit expeditiously to Congress a report on the results
of the survey.
(2) Not later than 90 days after a court determination indicates
that the liability for the total of claims related to one launch
may be more than the required amount of insurance or demonstra-
tion of financial responsibility, the President, on the recommenda-
tion of the Secretary, shall submit to Congress a compensation
plan that—
(A) outlines the total dollar value of the claims;
(B) recommends sources of amounts to pay for the claims;
(C) includes legislative language required to carry out the
plan if additional legislative authority is required; and
(D) for a single event or incident, may not be for more
than $1,500,000,000.
(3) A compensation plan submitted to Congress under para-
graph (2) of this subsection shall—
(A) have an identification number; and
(B) be submitted to the Senate and the House of Represent-
atives on the same day and when the Senate and House are
in session.
(e) CONGRESSIONAL RESOLUTIONS.—(1) In this subsection, ‘‘reso-
lution’’—
(A) means a joint resolution of Congress the matter after
the resolving clause of which is as follows: ‘‘That the Congress
approves the compensation plan numbered lllll submit-
ted to the Congress on lllll ll, 19ll.’’, with the
blank spaces being filled appropriately; but
H. R. 1758—596
(B) does not include a resolution that includes more than
one compensation plan.
(2) The Senate shall consider under this subsection a compensa-
tion plan requiring additional appropriations or legislative authority
not later than 60 calendar days of continuous session of Congress
after the date on which the plan is submitted to Congress.
(3) A resolution introduced in the Senate shall be referred
immediately to a committee by the President of the Senate. All
resolutions related to the same plan shall be referred to the same
committee.
(4)(A) If the committee of the Senate to which a resolution
has been referred does not report the resolution within 20 calendar
days after it is referred, a motion is in order to discharge the
committee from further consideration of the resolution or to dis-
charge the committee from further consideration of the plan.
(B) A motion to discharge may be made only by an individual
favoring the resolution and is highly privileged (except that the
motion may not be made after the committee has reported a resolu-
tion on the plan). Debate on the motion is limited to one hour,
to be divided equally between those favoring and those opposing
the resolution. An amendment to the motion is not in order. A
motion to reconsider the vote by which the motion is agreed to
or disagreed to is not in order.
(C) If the motion to discharge is agreed to or disagreed to,
the motion may not be renewed and another motion to discharge
the committee from another resolution on the same plan may not
be made.
(5)(A) After a committee of the Senate reports, or is discharged
from further consideration of, a resolution, a motion to proceed
to the consideration of the resolution is in order at any time,
even though a similar previous motion has been disagreed to. The
motion is highly privileged and is not debatable. An amendment
to the motion is not in order. A motion to reconsider the vote
by which the motion is agreed to or disagreed to is not in order.
(B) Debate on the resolution referred to in subparagraph (A)
of this paragraph is limited to not more than 10 hours, to be
divided equally between those favoring and those opposing the
resolution. A motion further to limit debate is not debatable. An
amendment to, or motion to recommit, the resolution is not in
order. A motion to reconsider the vote by which the resolution
is agreed to or disagreed to is not in order.
(6) The following shall be decided in the Senate without debate:
(A) a motion to postpone related to the discharge from
committee.
(B) a motion to postpone consideration of a resolution.
(C) a motion to proceed to the consideration of other busi-
ness.
(D) an appeal from a decision of the chair related to the
application of the rules of the Senate to the procedures related
to resolution.
(f) APPLICATION.—This section applies to a license issued or
transferred under this chapter for which the Secretary receives
a complete and valid application not later than December 31, 1999.
§ 70114. Disclosing information
The Secretary of Transportation, an officer or employee of the
United States Government, or a person making a contract with
H. R. 1758—597
the Secretary under section 70106(b) of this title may disclose
information under this chapter that qualifies for an exemption
under section 552(b)(4) of title 5 or is designated as confidential
by the person or head of the executive agency providing the informa-
tion only if the Secretary decides withholding the information is
contrary to the public or national interest.
§ 70115. Enforcement and penalty
(a) PROHIBITIONS.—A person may not violate this chapter, a
regulation prescribed under this chapter, or any term of a license
issued or transferred under this chapter.
(b) GENERAL AUTHORITY.—(1) In carrying out this chapter, the
Secretary of Transportation may—
(A) conduct investigations and inquiries;
(B) administer oaths;
(C) take affidavits; and
(D) under lawful process—
(i) enter at a reasonable time a launch site, production
facility, assembly site of a launch vehicle, or site at which
a payload is integrated with a launch vehicle to inspect
an object to which this chapter applies or a record or
report the Secretary requires be made or kept under this
chapter; and
(ii) seize the object, record, or report when there is
probable cause to believe the object, record, or report was
used, is being used, or likely will be used in violation
of this chapter.
(2) The Secretary may delegate a duty or power under this
chapter related to enforcement to an officer or employee of another
executive agency with the consent of the head of the agency.
(c) CIVIL PENALTY.—(1) After notice and an opportunity for
a hearing on the record, a person the Secretary finds to have
violated subsection (a) of this section is liable to the United States
Government for a civil penalty of not more than $100,000. A sepa-
rate violation occurs for each day the violation continues.
(2) In conducting a hearing under paragraph (1) of this sub-
section, the Secretary may—
(A) subpena witnesses and records; and
(B) enforce a subpena in an appropriate district court of
the United States.
(3) The Secretary shall impose the civil penalty by written
notice. The Secretary may compromise or remit a penalty imposed,
or that may be imposed, under this section.
(4) The Secretary shall recover a civil penalty not paid after
the penalty is final or after a court enters a final judgment for
the Secretary.
§ 70116. Consultation
(a) MATTERS AFFECTING NATIONAL SECURITY.—The Secretary
of Transportation shall consult with the Secretary of Defense on
a matter under this chapter affecting national security. The Sec-
retary of Defense shall identify and notify the Secretary of Transpor-
tation of a national security interest relevant to an activity under
this chapter.
(b) MATTERS AFFECTING FOREIGN POLICY.—The Secretary of
Transportation shall consult with the Secretary of State on a matter
under this chapter affecting foreign policy. The Secretary of State
H. R. 1758—598
shall identify and notify the Secretary of Transportation of a foreign
policy interest or obligation relevant to an activity under this
chapter.
(c) OTHER MATTERS.—In carrying out this chapter, the Sec-
retary of Transportation shall consult with the head of another
executive agency—
(1) to provide consistent application of licensing require-
ments under this chapter;
(2) to ensure fair treatment for all license applicants; and
(3) when appropriate.
§ 70117. Relationship to other executive agencies, laws, and
international obligations
(a) EXECUTIVE AGENCIES.—Except as provided in this chapter,
a person is not required to obtain from an executive agency a
license, approval, waiver, or exemption to launch a launch vehicle
or operate a launch site.
(b) FEDERAL COMMUNICATIONS COMMISSION AND SECRETARY OF
COMMERCE.—This chapter does not affect the authority of—
(1) the Federal Communications Commission under the
Communications Act of 1934 (47 U.S.C. 151 et seq.); or
(2) the Secretary of Commerce under the Land Remote-
Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et
seq.).
(c) STATES AND POLITICAL SUBDIVISIONS.—A State or political
subdivision of a State—
(1) may not adopt or have in effect a law, regulation,
standard, or order inconsistent with this chapter; but
(2) may adopt or have in effect a law, regulation, standard,
or order consistent with this chapter that is in addition to
or more stringent than a requirement of, or regulation pre-
scribed under, this chapter.
(d) CONSULTATION.—The Secretary of Transportation is encour-
aged to consult with a State to simplify and expedite the approval
of a space launch activity.
(e) FOREIGN
COUNTRIES.—The Secretary of Transportation
shall—
(1) carry out this chapter consistent with an obligation
the United States Government assumes in a treaty, convention,
or agreement in force between the Government and the govern-
ment of a foreign country; and
(2) consider applicable laws and requirements of a foreign
country when carrying out this chapter.
(f) LAUNCH NOT AN EXPORT.—A launch vehicle or payload that
is launched is not, because of the launch, an export for purposes
of a law controlling exports.
(g) NONAPPLICATION.—This chapter does not apply to—
(1) a launch, operation of a launch vehicle or launch site,
or other space activity the Government carries out for the
Government; or
(2) planning or policies related to the launch, operation,
or activity.
§ 70118. User fees
The Secretary of Transportation may collect a user fee for
a regulatory or other service conducted under this chapter only
if specifically authorized by this chapter.
H. R. 1758—600
(2) the grant will not be for more than 50 percent of
the total cost of the project.
§ 70303. Grant applications
(a) GENERAL.—A sponsor may submit to the Secretary of
Transportation an application for a project grant. The application
must state the project to be undertaken and be in the form and
contain the information the Secretary requires.
(b) CONSIDERATIONS AND CONSULTATION.—(1) In selecting pro-
posed projects for grants under this section, the Secretary of
Transportation shall consider—
(A) the contribution of the project to industry capabilities
that serve the United States Government’s space transportation
needs;
(B) the extent of industry’s financial contribution to the
project;
(C) the extent of industry’s participation in the project;
(D) the positive impact of the project on the international
competitiveness of the United States space transportation
industry;
(E) the extent of State contributions to the project; and
(F) the impact of the project on launch operations and
other activities at Government launch ranges.
(2) The Secretary of Transportation shall consult with the Sec-
retary of Defense, the Administrator of the National Space and
Aeronautics Administration, and the heads of other appropriate
agencies of the Government about paragraph (1)(A) and (F) of
this subsection.
(c) REQUIREMENTS.—The Secretary of Transportation may
approve an application only if the Secretary is satisfied that—
(1) the project will contribute to the purposes of this chap-
ter;
(2) the project is reasonably consistent with plans (existing
at the time of approval of the project) of public agencies that
are—
(A) authorized by the State in which the project is
located; and
(B) responsible for the development of the area
surrounding the project site;
(3) if the application proposes to use Government property,
the specific consent of the head of the appropriate agency
has been obtained;
(4) the project will be completed without unreasonable
delay;
(5) the sponsor submitting the application has the legal
authority to engage in the project; and
(6) any additional requirements prescribed by the Secretary
have been met.
(d) PREFERENCE FOR INDUSTRY CONTRIBUTIONS.—The Secretary
of Transportation shall give preference to applications for projects
for which there will be greater industry financial contributions,
all other factors being equal.
§ 70304. Environmental requirements
(a) POLICY.—It is the policy of the United States that projects
selected under this chapter shall provide for the protection and
enhancement of the natural resources and the quality of the
H. R. 1758—601
environment of the United States. In carrying out this policy, the
Secretary of Transportation shall consult with the Secretary of
the Interior and the Administrator of the Environmental Protection
Agency about a project that may have a significant effect on natural
resources, including fish and wildlife, natural, scenic, and rec-
reational assets, water and air quality, and other factors affecting
the environment. If the Secretary of Transportation finds that a
project will have a significant adverse effect, the Secretary may
approve the application for the project only if, after a complete
review that is a matter of public record, the Secretary makes
a written finding that no feasible and prudent alternative to the
project exists and that all reasonable steps have been taken to
minimize the adverse effect.
(b) 
PUBLIC
HEARING
REQUIREMENT.—The 
Secretary 
of
Transportation may approve an application only if the sponsor
of the project certifies to the Secretary that an opportunity for
a public hearing has been provided to consider the economic, social,
and environmental effects of the project and its consistency with
the goals of any planning carried out by the community. When
a hearing is held under this paragraph, the sponsor shall submit
a copy of the transcript of the hearing to the Secretary.
(c) COMPLIANCE WITH AIR AND WATER QUALITY STANDARDS.—
(1) The Secretary of Transportation may approve an application
only if the chief executive officer of the State in which the project
is located certifies in writing to the Secretary that there is reason-
able assurance that the project will be located, designed, con-
structed, and operated to comply with applicable air and water
quality standards. If the Administrator has not prescribed those
standards, certification shall be obtained from the Administrator.
Notice of certification or refusal to certify shall be provided not
later than 60 days after the Secretary receives the application.
(2) The Secretary of Transportation shall condition the approval
of an application on compliance with applicable air and water
quality standards during construction and operation.
(d) COMPLIANCE WITH LAWS AND REGULATIONS.—The Secretary
of Transportation may require a certification from a sponsor that
the sponsor will comply with all applicable laws and regulations.
The Secretary may rescind at any time acceptance of a certification
from a sponsor under this subsection. This subsection does not
affect any responsibility of the Secretary under another law, includ-
ing—
(1) section 303 of this title;
(2) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.);
(3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601
et seq.);
(4) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(5) the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
§ 70305. Authorization of appropriations
Not more than $10,000,000 may be appropriated to the Sec-
retary of Transportation to make grants under this chapter.
Amounts appropriated under this section remain available until
expended.
H. R. 1758—602
SUBTITLE X—MISCELLANEOUS
CHAPTER
Sec.
801.
BILLS OF LADING .................................................................................... 80101
803.
CONTRABAND ........................................................................................... 80301
805.
MISCELLANEOUS .................................................................................... 80501
CHAPTER 801—BILLS OF LADING
Sec.
80101.
Definitions.
80102.
Application.
80103.
Negotiable and nonnegotiable bills.
80104.
Form and requirements for negotiation.
80105.
Title and rights affected by negotiation.
80106.
Transfer without negotiation.
80107.
Warranties and liability.
80108.
Alterations and additions.
80109.
Liens under negotiable bills.
80110.
Duty to deliver goods.
80111.
Liability for delivery of goods.
80112.
Liability under negotiable bills issued in parts, sets, or duplicates.
80113.
Liability for nonreceipt, misdescription, and improper loading.
80114.
Lost, stolen, and destroyed negotiable bills.
80115.
Limitation on use of judicial process to obtain possession of goods from com-
mon carriers.
80116.
Criminal penalty.
§ 80101. Definitions
In this chapter—
(1) ‘‘consignee’’ means the person named in a bill of lading
as the person to whom the goods are to be delivered.
(2) ‘‘consignor’’ means the person named in a bill of lading
as the person from whom the goods have been received for
shipment.
(3) ‘‘goods’’ means merchandise or personal property that
has been, is being, or will be transported.
(4) ‘‘holder’’ means a person having possession of, and a
property right in, a bill of lading.
(5) ‘‘order’’ means an order by indorsement on a bill of
lading.
(6) ‘‘purchase’’ includes taking by mortgage or pledge.
(7) ‘‘State’’ means a State of the United States, the District
of Columbia, and a territory or possession of the United States.
§ 80102. Application
This chapter applies to a bill of lading when the bill is issued
by a common carrier for the transportation of goods—
(1) between a place in the District of Columbia and another
place in the District of Columbia;
(2) between a place in a territory or possession of the
United States and another place in the same territory or posses-
sion;
(3) between a place in a State and a place in another
State;
(4) between a place in a State and a place in the same
State through another State or a foreign country; or
(5) from a place in a State to a place in a foreign country.
§ 80103. Negotiable and nonnegotiable bills
(a) NEGOTIABLE BILLS.—(1) A bill of lading is negotiable if
the bill—
(A) states that the goods are to be delivered to the order
of a consignee; and
H. R. 1758—603
(B) does not contain on its face an agreement with the
shipper that the bill is not negotiable.
(2) Inserting in a negotiable bill of lading the name of a person
to be notified of the arrival of the goods—
(A) does not limit its negotiability; and
(B) is not notice to the purchaser of the goods of a right
the named person has to the goods.
(b) NONNEGOTIABLE BILLS.—(1) A bill of lading is nonnegotiable
if the bill states that the goods are to be delivered to a consignee.
The indorsement of a nonnegotiable bill does not—
(A) make the bill negotiable; or
(B) give the transferee any additional right.
(2) A common carrier issuing a nonnegotiable bill of lading
must put ‘‘nonnegotiable’’ or ‘‘not negotiable’’ on the bill. This para-
graph does not apply to an informal memorandum or acknowledg-
ment.
§ 80104. Form and requirements for negotiation
(a) GENERAL RULES.—(1) A negotiable bill of lading may be
negotiated by indorsement. An indorsement may be made in blank
or to a specified person. If the goods are deliverable to the order
of a specified person, then the bill must be indorsed by that person.
(2) A negotiable bill of lading may be negotiated by delivery
when the common carrier, under the terms of the bill, undertakes
to deliver the goods to the order of a specified person and that
person or a subsequent indorsee has indorsed the bill in blank.
(3) A negotiable bill of lading may be negotiated by a person
possessing the bill, regardless of the way in which the person
got possession, if—
(A) a common carrier, under the terms of the bill, under-
takes to deliver the goods to that person; or
(B) when the bill is negotiated, it is in a form that allows
it to be negotiated by delivery.
(b) VALIDITY NOT AFFECTED.—The validity of a negotiation
of a bill of lading is not affected by the negotiation having been
a breach of duty by the person making the negotiation, or by
the owner of the bill having been deprived of possession by fraud,
accident, mistake, duress, loss, theft, or conversion, if the person
to whom the bill is negotiated, or a person to whom the bill is
subsequently negotiated, gives value for the bill in good faith and
without notice of the breach of duty, fraud, accident, mistake,
duress, loss, theft, or conversion.
(c) NEGOTIATION BY SELLER, MORTGAGOR, OR PLEDGOR TO PER-
SON WITHOUT NOTICE.—When goods for which a negotiable bill
of lading has been issued are in a common carrier’s possession,
and the person to whom the bill has been issued retains possession
of the bill after selling, mortgaging, or pledging the goods or bill,
the subsequent negotiation of the bill by that person to another
person receiving the bill for value, in good faith, and without
notice of the prior sale, mortgage, or pledge has the same effect
as if the first purchaser of the goods or bill had expressly authorized
the subsequent negotiation.
§ 80105. Title and rights affected by negotiation
(a) TITLE.—When a negotiable bill of lading is negotiated—
(1) the person to whom it is negotiated acquires the title
to the goods that—
H. R. 1758—604
(A) the person negotiating the bill had the ability to
convey to a purchaser in good faith for value; and
(B) the consignor and consignee had the ability to
convey to such a purchaser; and
(2) the common carrier issuing the bill becomes obligated
directly to the person to whom the bill is negotiated to hold
possession of the goods under the terms of the bill the same
as if the carrier had issued the bill to that person.
(b) SUPERIORITY OF RIGHTS.—When a negotiable bill of lading
is negotiated to a person for value in good faith, that person’s
right to the goods for which the bill was issued is superior to
a seller’s lien or to a right to stop the transportation of the goods.
This subsection applies whether the negotiation is made before
or after the common carrier issuing the bill receives notice of
the seller’s claim. The carrier may deliver the goods to an unpaid
seller only if the bill first is surrendered for cancellation.
(c) MORTGAGEE AND LIEN HOLDER RIGHTS NOT AFFECTED.—
Except as provided in subsection (b) of this section, this chapter
does not limit a right of a mortgagee or lien holder having a
mortgage or lien on goods against a person that purchased for
value in good faith from the owner, and got possession of the
goods immediately before delivery to the common carrier.
§ 80106. Transfer without negotiation
(a) DELIVERY AND AGREEMENT.—The holder of a bill of lading
may transfer the bill without negotiating it by delivery and agree-
ment to transfer title to the bill or to the goods represented by
it. Subject to the agreement, the person to whom the bill is trans-
ferred has title to the goods against the transferor.
(b) COMPELLING INDORSEMENT.—When a negotiable bill of lad-
ing is transferred for value by delivery without being negotiated
and indorsement of the transferor is essential for negotiation, the
transferee may compel the transferor to indorse the bill unless
a contrary intention appears. The negotiation is effective when
the indorsement is made.
(c) EFFECT OF NOTIFICATION.—(1) When a transferee notifies
the common carrier that a nonnegotiable bill of lading has been
transferred under subsection (a) of this section, the carrier is obli-
gated directly to the transferee for any obligations the carrier
owed to the transferor immediately before the notification. However,
before the carrier is notified, the transferee’s title to the goods
and right to acquire the obligations of the carrier may be defeated
by—
(A) garnishment, attachment, or execution on the goods
by a creditor of the transferor; or
(B) notice to the carrier by the transferor or a purchaser
from the transferor of a later purchase of the goods from
the transferor.
(2) A common carrier has been notified under this subsection
only if—
(A) an officer or agent of the carrier, whose actual or
apparent authority includes acting on the notification, has been
notified; and
(B) the officer or agent has had time, exercising reasonable
diligence, to communicate with the agent having possession
or control of the goods.
H. R. 1758—605
§ 80107. Warranties and liability
(a) GENERAL RULE.—Unless a contrary intention appears, a
person negotiating or transferring a bill of lading for value warrants
that—
(1) the bill is genuine;
(2) the person has the right to transfer the bill and the
title to the goods described in the bill;
(3) the person does not know of a fact that would affect
the validity or worth of the bill; and
(4) the goods are merchantable or fit for a particular pur-
pose when merchantability or fitness would have been implied
if the agreement of the parties had been to transfer the goods
without a bill of lading.
(b) SECURITY FOR DEBT.—A person holding a bill of lading
as security for a debt and in good faith demanding or receiving
payment of the debt from another person does not warrant by
the demand or receipt—
(1) the genuineness of the bill; or
(2) the quantity or quality of the goods described in the
bill.
(c) DUPLICATES.—A common carrier issuing a bill of lading,
on the face of which is the word ‘‘duplicate’’ or another word
indicating that the bill is not an original bill, is liable the same
as a person that represents and warrants that the bill is an accurate
copy of an original bill properly issued. The carrier is not otherwise
liable under the bill.
(d) INDORSER LIABILITY.—Indorsement of a bill of lading does
not make the indorser liable for failure of the common carrier
or a previous indorser to fulfill its obligations.
§ 80108. Alterations and additions
An alteration or addition to a bill of lading after its issuance
by a common carrier, without authorization from the carrier in
writing or noted on the bill, is void. However, the original terms
of the bill are enforceable.
§ 80109. Liens under negotiable bills
A common carrier issuing a negotiable bill of lading has a
lien on the goods covered by the bill for—
(1) charges for storage, transportation, and delivery (includ-
ing demurrage and terminal charges), and expenses necessary
to preserve the goods or incidental to transporting the goods
after the date of the bill; and
(2) other charges for which the bill expressly specifies a
lien is claimed to the extent the charges are allowed by law
and the agreement between the consignor and carrier.
§ 80110. Duty to deliver goods
(a) GENERAL RULES.—Except to the extent a common carrier
establishes an excuse provided by law, the carrier must deliver
goods covered by a bill of lading on demand of the consignee
named in a nonnegotiable bill or the holder of a negotiable bill
for the goods when the consignee or holder—
(1) offers in good faith to satisfy the lien of the carrier
on the goods;
(2) has possession of the bill and, if a negotiable bill,
offers to indorse and give the bill to the carrier; and
H. R. 1758—606
(3) agrees to sign, on delivery of the goods, a receipt for
delivery if requested by the carrier.
(b) PERSONS TO WHOM GOODS MAY BE DELIVERED.—Subject
to section 80111 of this title, a common carrier may deliver the
goods covered by a bill of lading to—
(1) a person entitled to their possession;
(2) the consignee named in a nonnegotiable bill; or
(3) a person in possession of a negotiable bill if—
(A) the goods are deliverable to the order of that per-
son; or
(B) the bill has been indorsed to that person or in
blank by the consignee or another indorsee.
(c) COMMON CARRIER CLAIMS OF TITLE AND POSSESSION.—A
claim by a common carrier that the carrier has title to goods
or right to their possession is an excuse for nondelivery of the
goods only if the title or right is derived from—
(1) a transfer made by the consignor or consignee after
the shipment; or
(2) the carrier’s lien.
(d) ADVERSE CLAIMS.—If a person other than the consignee
or the person in possession of a bill of lading claims title to or
possession of goods and the common carrier knows of the claim,
the carrier is not required to deliver the goods to any claimant
until the carrier has had a reasonable time to decide the validity
of the adverse claim or to bring a civil action to require all claimants
to interplead.
(e) INTERPLEADER.—If at least 2 persons claim title to or posses-
sion of the goods, the common carrier may—
(1) bring a civil action to interplead all known claimants
to the goods; or
(2) require those claimants to interplead as a defense in
an action brought against the carrier for nondelivery.
(f) THIRD PERSON CLAIMS NOT A DEFENSE.—Except as provided
in subsections (b), (d), and (e) of this section, title or a right
of a third person is not a defense to an action brought by the
consignee of a nonnegotiable bill of lading or by the holder of
a negotiable bill against the common carrier for failure to deliver
the goods on demand unless enforced by legal process.
§ 80111. Liability for delivery of goods
(a) GENERAL RULES.—A common carrier is liable for damages
to a person having title to, or right to possession of, goods when—
(1) the carrier delivers the goods to a person not entitled
to their possession unless the delivery is authorized under
section 80110(b)(2) or (3) of this title;
(2) the carrier makes a delivery under section 80110(b)(2)
or (3) of this title after being requested by or for a person
having title to, or right to possession of, the goods not to
make the delivery; or
(3) at the time of delivery under section 80110(b)(2) or
(3) of this title, the carrier has information it is delivering
the goods to a person not entitled to their possession.
(b) EFFECTIVENESS OF REQUEST OR INFORMATION.—A request
or information is effective under subsection (a)(2) or (3) of this
section only if—
H. R. 1758—607
(1) an officer or agent of the carrier, whose actual or
apparent authority includes acting on the request or informa-
tion, has been given the request or information; and
(2) the officer or agent has had time, exercising reasonable
diligence, to stop delivery of the goods.
(c) FAILURE TO TAKE AND CANCEL BILLS.—Except as provided
in subsection (d) of this section, if a common carrier delivers goods
for which a negotiable bill of lading has been issued without taking
and canceling the bill, the carrier is liable for damages for failure
to deliver the goods to a person purchasing the bill for value
in good faith whether the purchase was before or after delivery
and even when delivery was made to the person entitled to the
goods. The carrier also is liable under this paragraph if part of
the goods are delivered without taking and canceling the bill or
plainly noting on the bill that a partial delivery was made and
generally describing the goods or the remaining goods kept by
the carrier.
(d) EXCEPTIONS TO LIABILITY.—A common carrier is not liable
for failure to deliver goods to the consignee or owner of the goods
or a holder of the bill if—
(1) a delivery described in subsection (c) of this section
was compelled by legal process;
(2) the goods have been sold lawfully to satisfy the carrier’s
lien;
(3) the goods have not been claimed; or
(4) the goods are perishable or hazardous.
§ 80112. Liability under negotiable bills issued in parts, sets,
or duplicates
(a) PARTS
AND SETS.—A negotiable bill of lading issued in
a State for the transportation of goods to a place in the 48 contig-
uous States or the District of Columbia may not be issued in
parts or sets. A common carrier issuing a bill in violation of this
subsection is liable for damages for failure to deliver the goods
to a purchaser of one part for value in good faith even though
the purchase occurred after the carrier delivered the goods to a
holder of one of the other parts.
(b) DUPLICATES.—When at least 2 negotiable bills of lading
are issued in a State for the same goods to be transported to
a place in the 48 contiguous States or the District of Columbia,
the word ‘‘duplicate’’ or another word indicating that the bill is
not an original must be put plainly on the face of each bill except
the original. A common carrier violating this subsection is liable
for damages caused by the violation to a purchaser of the bill
for value in good faith as an original bill even though the purchase
occurred after the carrier delivered the goods to the holder of
the original bill.
§ 80113. Liability 
for 
nonreceipt, 
misdescription, 
and
improper loading
(a) LIABILITY FOR NONRECEIPT AND MISDESCRIPTION.—Except
as provided in this section, a common carrier issuing a bill of
lading is liable for damages caused by nonreceipt by the carrier
of any part of the goods by the date shown in the bill or by
failure of the goods to correspond with the description contained
in the bill. The carrier is liable to the owner of goods transported
under a nonnegotiable bill (subject to the right of stoppage in
H. R. 1758—608
transit) or to the holder of a negotiable bill if the owner or holder
gave value in good faith relying on the description of the goods
in the bill or on the shipment being made on the date shown
in the bill.
(b) NONLIABILITY OF CARRIERS.—A common carrier issuing a
bill of lading is not liable under subsection (a) of this section—
(1) when the goods are loaded by the shipper;
(2) when the bill—
(A) describes the goods in terms of marks or labels,
or in a statement about kind, quantity, or condition; or
(B) is qualified by ‘‘contents or condition of contents
of packages unknown’’, ‘‘said to contain’’, ‘‘shipper’s weight,
load, and count’’, or words of the same meaning; and
(3) to the extent the carrier does not know whether any
part of the goods were received or conform to the description.
(c) LIABILITY FOR IMPROPER LOADING.—A common carrier issu-
ing a bill of lading is not liable for damages caused by improper
loading if—
(1) the shipper loads the goods; and
(2) the bill contains the words ‘‘shipper’s weight, load,
and count’’, or words of the same meaning indicating the ship-
per loaded the goods.
(d) CARRIER’S DUTY TO DETERMINE KIND, QUANTITY, AND NUM-
BER.—(1) When bulk freight is loaded by a shipper that makes
available to the common carrier adequate facilities for weighing
the freight, the carrier must determine the kind and quantity
of the freight within a reasonable time after receiving the written
request of the shipper to make the determination. In that situation,
inserting the words ‘‘shipper’s weight’’ or words of the same meaning
in the bill of lading has no effect.
(2) When goods are loaded by a common carrier, the carrier
must count the packages of goods, if package freight, and determine
the kind and quantity, if bulk freight. In that situation, inserting
in the bill of lading or in a notice, receipt, contract, rule, or tariff,
the words ‘‘shipper’s weight, load, and count’’ or words indicating
that the shipper described and loaded the goods, has no effect
except for freight concealed by packages.
§ 80114. Lost, stolen, and destroyed negotiable bills
(a) DELIVERY ON COURT ORDER AND SURETY BOND.—If a nego-
tiable bill of lading is lost, stolen, or destroyed, a court of competent
jurisdiction may order the common carrier to deliver the goods
if the person claiming the goods gives a surety bond, in an amount
approved by the court, to indemnify the carrier or a person injured
by delivery against liability under the outstanding original bill.
The court also may order payment of reasonable costs and attorney’s
fees to the carrier. A voluntary surety bond, without court order,
is binding on the parties to the bond.
(b) LIABILITY TO HOLDER.—Delivery of goods under a court
order under subsection (a) of this section does not relieve a common
carrier from liability to a person to whom the negotiable bill has
been or is negotiated for value without notice of the court proceeding
or of the delivery of the goods.
H. R. 1758—609
§ 80115. Limitation on use of judicial process to obtain
possession of goods from common carriers
(a) ATTACHMENT
AND LEVY.—Except when a negotiable bill
of lading was issued originally on delivery of goods by a person
that did not have the power to dispose of the goods, goods in
the possession of a common carrier for which a negotiable bill
has been issued may be attached through judicial process or levied
on in execution of a judgment only if the bill is surrendered to
the carrier or its negotiation is enjoined.
(b) DELIVERY.—A common carrier may be compelled by judicial
process to deliver goods under subsection (a) of this section only
when the bill is surrendered to the carrier or impounded by the
court.
§ 80116. Criminal penalty
A person shall be fined under title 18, imprisoned for not
more than 5 years, or both, if the person—
(1) violates this chapter with intent to defraud; or
(2) knowingly or with intent to defraud—
(A) falsely makes, alters, or copies a bill of lading
subject to this chapter;
(B) utters, publishes, or issues a falsely made, altered,
or copied bill subject to this chapter; or
(C) negotiates or transfers for value a bill containing
a false statement.
CHAPTER 803—CONTRABAND
Sec.
80301.
Definitions.
80302.
Prohibitions.
80303.
Seizure and forfeiture.
80304.
Administrative.
80305.
Availability of certain appropriations.
80306.
Relationship to other laws.
§ 80301. Definitions
In this chapter—
(1) ‘‘aircraft’’ means a contrivance used, or capable of being
used, for transportation in the air.
(2) ‘‘vehicle’’ means a contrivance used, or capable of being
used, for transportation on, below, or above land, but does
not include aircraft.
(3) ‘‘vessel’’ means a contrivance used, or capable of being
used, for transportation in water, but does not include aircraft.
§ 80302. Prohibitions
(a) DEFINITION.—In this section, ‘‘contraband’’ means—
(1) a narcotic drug (as defined in section 102 of the Com-
prehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 802)), including marihuana (as defined in section
102 of that Act (21 U.S.C. 802)), that—
(A) is possessed with intent to sell or offer for sale
in violation of the laws and regulations of the United
States;
(B) is acquired, possessed, sold, transferred, or offered
for sale in violation of those laws;
(C) is acquired by theft, robbery, or burglary and trans-
ported—
H. R. 1758—610
(i) in the District of Columbia or a territory or
possession of the United States; or
(ii) from a place in a State, the District of Colum-
bia, or a territory or possession of the United States,
to a place in another State, the District of Columbia,
or a territory or possession; or
(D) does not bear tax-paid internal revenue stamps
required by those laws or regulations;
(2) a firearm involved in a violation of chapter 53 of the
Internal Revenue Code of 1986 (26 U.S.C. 5801 et seq.);
(3) a forged, altered, or counterfeit—
(A) coin or an obligation or other security of the United
States Government (as defined in section 8 of title 18);
or
(B) coin, obligation, or other security of the government
of a foreign country;
(4) material or equipment used, or intended to be used,
in making a coin, obligation, or other security referred to in
clause (3) of this subsection; or
(5) a cigarette involved in a violation of chapter 114 of
title 18 or a regulation prescribed under chapter 114.
(b) PROHIBITIONS.—A person may not—
(1) transport contraband in an aircraft, vehicle, or vessel;
(2) conceal or possess contraband on an aircraft, vehicle,
or vessel; or
(3) use an aircraft, vehicle, or vessel to facilitate the
transportation, concealment, receipt, possession, purchase, sale,
exchange, or giving away of contraband.
§ 80303. Seizure and forfeiture
The Secretary of the Treasury or the Governor of Guam or
of the Northern Mariana Islands as provided in section 80304
of this title, or a person authorized by another law to enforce
section 80302 of this title, shall seize an aircraft, vehicle, or vessel
involved in a violation of section 80302 and place it in the custody
of a person designated by the Secretary or appropriate Governor,
as the case may be. The seized aircraft, vehicle, or vessel shall
be forfeited, except when the owner establishes that a person except
the owner committed the violation when the aircraft, vehicle, or
vessel was in the possession of a person who got possession by
violating a criminal law of the United States or a State. However,
an aircraft, vehicle, or vessel used by a common carrier to provide
transportation for compensation may be forfeited only when—
(1) the owner, conductor, driver, pilot, or other individual
in charge of the aircraft or vehicle (except a rail car or engine)
consents to, or knows of, the alleged violation when the violation
occurs;
(2) the owner of the rail car or engine consents to, or
knows of, the alleged violation when the violation occurs; or
(3) the master or owner of the vessel consents to, or knows
of, the alleged violation when the violation occurs.
§ 80304. Administrative
(a) GENERAL.—Except as provided in subsections (b) and (c)
of this section, the Secretary of the Treasury—
(1) may designate officers, employees, agents, or other per-
sons to carry out this chapter; and
H. R. 1758—611
(2) shall prescribe regulations to carry out this chapter.
(b) IN GUAM.—The Governor of Guam—
(1) or officers of the government of Guam designated by
the Governor shall carry out this chapter in Guam;
(2) may carry out laws referred to in section 80306(b)
of this title with modifications the Governor decides are nec-
essary to meet conditions in Guam; and
(3) may prescribe regulations to carry out this chapter
in Guam.
(c) IN NORTHERN MARIANA ISLANDS.—The Governor of the
Northern Mariana Islands—
(1) or officers of the government of the Northern Mariana
Islands designated by the Governor shall carry out this chapter
in the Northern Mariana Islands;
(2) may carry out laws referred to in section 80306(b)
of this title with modifications the Governor decides are nec-
essary to meet conditions in the Northern Mariana Islands;
and
(3) may prescribe regulations to carry out this chapter
in the Northern Mariana Islands.
(d) CUSTOMS LAWS ON SEIZURE AND FORFEITURE.—The Sec-
retary, or the Governor of Guam or of the Northern Mariana Islands
as provided in subsections (b) and (c) of this section, shall carry
out the customs laws on the seizure and forfeiture of aircraft,
vehicles, and vessels under this chapter.
§ 80305. Availability of certain appropriations
Appropriations for enforcing customs, narcotics, counterfeiting,
or internal revenue laws are available to carry out this chapter.
§ 80306. Relationship to other laws
(a) CHAPTER AS ADDITIONAL LAW.—This chapter is in addition
to another law—
(1) imposing, or authorizing the compromise of, fines, pen-
alties, or forfeitures; or
(2) providing for seizure, condemnation, or disposition of
forfeited property, or the proceeds from the property.
(b) LAWS APPLICABLE TO SEIZURES AND FORFEITURES.—To the
extent applicable and consistent with this chapter, the following
apply to a seizure or forfeiture under this chapter:
(1) provisions of law related to the seizure, forfeiture, and
condemnation of vehicles and vessels violating the customs
laws.
(2) provisions of law related to the disposition of those
vehicles or vessels or the proceeds from the sale of those
vehicles or vessels.
(3) provisions of law related to the compromise of those
forfeitures or claims related to those forfeitures.
(4) provisions of law related to the award of compensation
to an informer about those forfeitures.
CHAPTER 805—MISCELLANEOUS
Sec.
80501.
Damage to transported property.
80502.
Transportation of animals.
80503.
Payments for inspection and quarantine services.
80504.
Medals of honor.
H. R. 1758—612
§ 80501. Damage to transported property
(a) CRIMINAL
PENALTY.—A person willfully damaging, or
attempting to damage, property in the possession of an air carrier,
motor carrier, or rail carrier and being transported in interstate
or foreign commerce, shall be fined under title 18, imprisoned
for not more than 10 years, or both. In a criminal proceeding
under this section, a shipping document for the property is prima
facie evidence of the places to which and from which the property
was being transported.
(b) PROHIBITION AGAINST MULTIPLE PROSECUTIONS FOR SAME
ACT.—A person may not be prosecuted for an act under this section
when the person has been convicted or acquitted on the merits
for the same act under the laws of a State, the District of Columbia,
or a territory or possession of the United States.
§ 80502. Transportation of animals
(a) CONFINEMENT.—(1) Except as provided in this section, a
rail carrier, express carrier, or common carrier (except by air or
water), a receiver, trustee, or lessee of one of those carriers, or
an owner or master of a vessel transporting animals from a place
in a State, the District of Columbia, or a territory or possession
of the United States through or to a place in another State, the
District of Columbia, or a territory or possession, may not confine
animals in a vehicle or vessel for more than 28 consecutive hours
without unloading the animals for feeding, water, and rest.
(2) Sheep may be confined for an additional 8 consecutive
hours without being unloaded when the 28-hour period of confine-
ment ends at night. Animals may be confined for—
(A) more than 28 hours when the animals cannot be
unloaded because of accidental or unavoidable causes that could
not have been anticipated or avoided when being careful; and
(B) 36 consecutive hours when the owner or person having
custody of animals being transported requests, in writing and
separate from a bill of lading or other rail form, that the
28-hour period be extended to 36 hours.
(3) Time spent in loading and unloading animals is not included
as part of a period of confinement under this subsection.
(b) UNLOADING, FEEDING, WATERING, AND
REST.—Animals
being transported shall be unloaded in a humane way into pens
equipped for feeding, water, and rest for at least 5 consecutive
hours. The owner or person having custody of the animals shall
feed and water the animals. When the animals are not fed and
watered by the owner or person having custody, the rail carrier,
express carrier, or common carrier (except by air or water), the
receiver, trustee, or lessee of one of those carriers, or the owner
or master of a vessel transporting the animals—
(1) shall feed and water the animals at the reasonable
expense of the owner or person having custody, except that
the owner or shipper may provide food;
(2) has a lien on the animals for providing food, care,
and custody that may be collected at the destination in the
same way that a transportation charge is collected; and
(3) is not liable for detaining the animals for a reasonable
period to comply with subsection (a) of this section.
(c) NONAPPLICATION.—This section does not apply when animals
are transported in a vehicle or vessel in which the animals have
food, water, space, and an opportunity for rest.
H. R. 1758—613
(d) CIVIL PENALTY.—A rail carrier, express carrier, or common
carrier (except by air or water), a receiver, trustee, or lessee of
one of those carriers, or an owner or master of a vessel that
knowingly and willfully violates this section is liable to the United
States Government for a civil penalty of at least $100 but not
more than $500 for each violation. On learning of a violation,
the Attorney General shall bring a civil action to collect the penalty
in the district court of the United States for the judicial district
in which the violation occurred or the defendant resides or does
business.
§ 80503. Payments for inspection and quarantine services
(a) GENERAL.—(1) In this subsection—
(A) ‘‘private aircraft’’ means a civilian aircraft not being
used to transport passengers or property for compensation.
(B) ‘‘private vessel’’ means a civilian vessel not being used—
(i) to transport passengers or property for compensa-
tion; or
(ii) in fishing or fish processing operations.
(2) Notwithstanding section 451 of the Tariff Act of 1930 (19
U.S.C. 1451), the owner, operator, or agent of a private aircraft
or private vessel may pay not more than $25 for the services
of an officer or employee of the Department of Agriculture, the
Customs Service, the Immigration and Naturalization Service, or
the Public Health Service (including an independent contractor
performing an inspection service for the Public Health Service)
when the services are performed on a Sunday, holiday, or from
5 p.m. through 8 a.m. on a weekday, and are related to the aircraft’s
or vessel’s arrival in, or departure from, the United States. However,
the owner, operator, or agent does not have to pay for the services
from 5 p.m. through 8 a.m. on a weekday when an officer or
employee on regular duty is available at the place of arrival or
departure to perform services.
(3) The head of a department, agency, or instrumentality of
the United States Government providing services under paragraph
(2) of this subsection shall collect the amount paid for the services
and deposit the amount in the Treasury. The amount shall be
credited to the appropriation of the department, agency, or
instrumentality against which the expense of those services was
charged.
(b) LIMITATIONS ON REIMBURSEMENT.—(1) An owner or operator
of an aircraft is required to reimburse the head of a department,
agency, or instrumentality of the Government for the expenses
of performing an inspection or quarantine service related to the
aircraft at a place of inspection during regular service hours on
a Sunday or holiday only to the same extent that an owner or
operator makes reimbursement for the service during regular serv-
ice hours on a weekday. The head of the department, agency,
or instrumentality may not assess an owner or operator of an
aircraft for administrative overhead expenses for inspection or quar-
antine service provided by the department, agency, or instrumental-
ity at an entry airport.
(2) This subsection does not require reimbursement for costs
incurred by the Secretary of the Treasury in providing customs
services described in section 13031(e)(1) of the Consolidated Omni-
bus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)).
H. R. 1758—614
§ 80504. Medals of honor
(a) MEDALS.—The President may prepare and give a bronze
medal of honor with emblematic devices to an individual who by
extreme daring endangers that individual’s life in trying to prevent,
or save the life of another in, a grave accident in the United
States involving a rail carrier providing transportation in interstate
commerce or involving a motor vehicle on the public streets, roads,
or highways. The President may give a medal only when sufficient
evidence that the individual deserves the medal has been filed
under regulations prescribed by the President.
(b) RIBBONS, KNOTS, AND ROSETTES.—The President may give
an individual who receives a medal a ribbon to be worn with
the medal and a knot or rosette to be worn in place of the medal.
The President shall prescribe the design for the ribbon, knot, and
rosette. If the ribbon is lost, destroyed, or made unfit for use
and the individual receiving the medal is not negligent, the Presi-
dent shall issue a new ribbon without charge to the individual.
(c) AVAILABILITY OF APPROPRIATIONS.—Appropriations made to
the Secretary of Transportation are available to carry out this
section.
PORTS OF ENTRY
SEC. 2. (a) The definitions in section 40102(a) of title 49, United
States Code, apply to this section.
(b)(1) The Secretary of the Treasury may—
(A) designate ports of entry in the United States for civil
aircraft arriving in the United States from a place outside
the United States and property transported on that aircraft;
(B) detail to ports of entry officers and employees of the
United States Customs Service the Secretary considers nec-
essary;
(C) give an officer or employee of the United States Govern-
ment stationed at a port of entry (with the consent of the
head of the department, agency, or instrumentality of the
Government with jurisdiction over the officer or employee)
duties and powers of officers or employees of the Customs
Service;
(D) by regulation, apply to civil air navigation the laws
and regulations on carrying out the customs laws, to the extent
and under conditions the Secretary considers necessary; and
(E) by regulation, apply to civil aircraft the laws and regula-
tions on entry and clearance of vessels, to the extent and
under conditions the Secretary considers necessary.
(2) A person violating a customs regulation prescribed under
paragraph (1)(A)–(D) of this subsection or a public health or customs
law or regulation made applicable to aircraft by a regulation under
paragraph (1)(A)–(D) is liable to the Government for a civil penalty
of $5,000 for each violation. An aircraft involved in the violation
may be seized and forfeited under the customs laws. The Secretary
of the Treasury may remit or mitigate a penalty and forfeiture
under this paragraph.
(3) A person violating a regulation made applicable under para-
graph (1)(E) of this subsection or an immigration regulation pre-
scribed under paragraph (1)(E) is liable to the Government for
a civil penalty of $5,000 for each violation. The Secretary of the
H. R. 1758—615
Treasury or the Attorney General may remit or mitigate a penalty
under this paragraph.
(4) In addition to any other penalty, when a controlled sub-
stance described in section 584 of the Tariff Act of 1930 (19 U.S.C.
1584) is found on, or to have been unloaded from, an aircraft
to which this subsection applies, the owner of, or individual
commanding, the aircraft is liable to the Government for the pen-
alties provided in section 584 for each violation unless the owner
or individual, by a preponderance of the evidence, demonstrates
that the owner or individual did not know, and by exercising the
highest degree of care and diligence, could not have known, that
a controlled substance was on the aircraft.
(5) If a violation under this subsection is by the owner or
operator of, or individual commanding, the aircraft, the aircraft
is subject to a lien for the penalty.
(c)(1) The Secretary of Agriculture by regulation may apply
laws and regulations on animal and plant quarantine (including
laws and regulations on importing, exporting, transporting, and
quarantining animals, plants, animal and plant products, insects,
bacterial and fungus cultures, viruses, and serums) to civil air
navigation to the extent and under conditions the Secretary consid-
ers necessary.
(2) A person violating a law or regulation made applicable
under paragraph (1) of this subsection is liable for the penalties
provided under that law or regulation.
(d) A decision to remit or mitigate a civil penalty under this
section is final. When libel proceedings are pending during a
proceeding to remit or mitigate a penalty, the appropriate Secretary
shall notify the Attorney General of the remission or mitigation
proceeding.
(e)(1) An aircraft subject to a lien under this section may
be seized summarily by and placed in the custody of a person
authorized by regulations of the appropriate Secretary or the Attor-
ney General. A report of the case shall be sent to the Attorney
General. The Attorney General shall bring promptly a civil action
in rem to enforce the lien or notify the appropriate Secretary
that the action will not be brought.
(2) An aircraft seized under this section shall be released from
custody when—
(A) the civil penalty or amount not remitted or mitigated
is paid;
(B) the aircraft is seized under process of a court in a
civil action in rem to enforce the lien;
(C) the Attorney General gives notice that a civil action
will not be brought under paragraph (1) of this subsection;
or
(D) a bond is deposited with the appropriate Secretary
or the Attorney General in an amount and with a surety
the appropriate Secretary or the Attorney General prescribes,
conditioned on payment of the penalty or amount not remitted
or mitigated.
(f) A civil penalty under this section may be collected by bring-
ing a civil action against the person subject to the penalty, a
civil action in rem against an aircraft subject to a lien for a penalty,
or both. The action shall conform as nearly as practicable to a
civil action in admiralty, regardless of the place an aircraft in
a civil action in rem is seized. However, a party may demand
H. R. 1758—616
a trial by jury of an issue of fact if the value of the matter
in controversy is more than $20. An issue of fact tried by jury
may be reexamined only under common law rules.
(g) Necessary amounts may be appropriated to allow the head
of a department, agency, or instrumentality of the Government
to acquire space at a public airport (as defined in section 47102
of title 49) when the head decides the space is necessary to carry
out inspections, clearance, collection of taxes or duties, or a similar
responsibility of the head, related to transporting passengers or
property in air commerce. The head must consult with the Secretary
of Transportation before making a decision on space.
MASS TRANSPORTATION EXEMPTION
SEC. 3. Chapter 105 of title 49, United States Code, is amended
as follows:
(1) Insert immediately after section 10530 the following
new section:
‘‘§ 10531. Mass transportation exemption
‘‘(a) DEFINITIONS.—The definitions in section 5302(a) of this
title apply to this section.
‘‘(b) PETITION FOR GRANTING EXEMPTIONS.—A State or local
governmental authority may petition the Interstate Commerce
Commission for an exemption from the jurisdiction of the Commis-
sion under this subchapter for mass transportation the authority
provides or has provided to it by contract. Not later than 180
days after the Commission receives a petition and after notice
and a reasonable opportunity for a proceeding, the Commission
shall exempt the State, local governmental authority, or contractor
unless the Commission finds that—
‘‘(1) the public interest would not be served by an exemp-
tion;
‘‘(2) the exemption would result in an unreasonable burden
on interstate or foreign commerce; or
‘‘(3) a State or local governmental authority may not regu-
late the mass transportation to be exempt under this section.
‘‘(c) APPLICATION OF OTHER LAWS.—All applicable laws of the
United States related to safety and to representation of employees
for collective bargaining purposes, retirement, annuities, and
unemployment systems, and all other laws related to employee–
employer relations, apply to a State or local governmental authority
that was granted, or whose contractor was granted, an exemption
under this section.
‘‘(d) CHANGING AND REVOKING EXEMPTIONS.—The Commission
may change or revoke an exemption if it finds that new evidence,
material error, or changed circumstances exist that materially affect
the original order. The Commission may act on its own initiative
or on application of an interested party.’’.
(2) Insert immediately below item 10530 in the analysis
of the chapter the following new item:
‘‘10531.
Mass transportation exemption.’’.
CONFORMING PROVISIONS
SEC. 4. (a) Section 401 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 451) is amended by striking ‘‘Civil Aeronautics
H. R. 1758—617
Board’’ and ‘‘Board or Commission’’ and substituting ‘‘Secretary
of Transportation’’ and ‘‘Secretary under subpart II of part A of
subtitle VII of title 49, United States Code, or such Commission,’’,
respectively.
(b) Title 5, United States Code, is amended as follows:
(1) In section 5109, add at the end of the section the
following new subsection:
‘‘(c)(1) The position held by a fully experienced and qualified
railroad safety inspector of the Department of Transportation shall
be classified in accordance with this chapter, but not lower than
GS–12.
‘‘(2) The position held by a railroad safety specialist of the
Department shall be classified in accordance with this chapter,
but not lower than GS–13.’’.
(2) In section 5315, strike—
‘‘Administrator of the St. Lawrence Seaway Development
Corporation.’’
and substitute—
‘‘Administrator of the Saint Lawrence Seaway Development
Corporation.’’.
(3) In section 8172, strike ‘‘Secretary of the Treasury’’ and
substitute ‘‘Secretary of Transportation’’.
(c) Section 511(e) of the Motor Vehicle Information and Cost
Savings Act (15 U.S.C. 2011(e)) is amended to read as follows:
‘‘(e) For purposes of this section—
‘‘(1) ‘retrofit device’ means any component, equipment, or
other device—
‘‘(A) which is designed to be installed in or on an
automobile (as an addition to, as a replacement for, or
through alteration or modification of, any original compo-
nent, equipment, or other device); and
‘‘(B) which any manufacturer, dealer, or distributor
of such device represents will provide higher fuel economy
than would have resulted with the automobile as originally
equipped,
as determined under rules of the Administrator. Such term
also includes a fuel additive for use in an automobile.
‘‘(2) the definitions in section 32901(a) of title 49, United
States Code, apply.’’.
(d) Section 6001(1) of title 18, United States Code, is amended
by striking ‘‘the Civil Aeronautics Board,’’.
(e) Chapter 33 of title 28, United States Code, is amended
as follows:
(1) Insert immediately after section 537 the following new
section:
‘‘§ 538. Investigation of aircraft piracy and related violations
‘‘The Federal Bureau of Investigation shall investigate any
violation of section 46314 or chapter 465 of title 49.’’.
(2) In the analysis of chapter 33, insert immediately after
item 537 the following new item:
‘‘538.
Investigation of aircraft piracy and related violations.’’.
(f)(1) Title 31, United States Code, is amended as follows:
(A) In section 309, strike ‘‘section 2A(a)’’ and substitute
‘‘section 3(a)’’.
(B) In section 503(b)(9), strike ‘‘perform’’ and substitute
‘‘Perform’’.
H. R. 1758—618
(C) In the analysis of chapter 7, immediately above item
781, strike—
‘‘Sec.’’.
(D) In section 782, strike ‘‘612a).’’ and substitute ‘‘612a)).’’.
(E) In section 1105(a), strike—
‘‘(26) a separate’’
and substitute—
‘‘(27) a separate’’.
(F) Section 1352 is amended as follows:
(i) Immediately below subsection (b)(7), strike—
‘‘(C)(1) Any’’
and substitute—
‘‘(c)(1) Any’’.
(ii) In subsection (e)(1)(C), strike ‘‘appropirated’’ and
‘‘law’’ and substitute ‘‘appropriated’’ and ‘‘law.’’, respec-
tively.
(iii) In subsection (h)(7), strike ‘‘agency’’ and ‘‘guaranty’’
and substitute ‘‘agency.’’ and ‘‘guaranty.’’, respectively.
(G) The analysis of chapter 33 is amended by inserting
below item 3333 the following new item:
‘‘3334.
Cancellation and proceeds distribution of Treasury checks.’’.
(H) In section 3302(c)(1), strike the comma at the end
and substitute a period.
(I) In section 3330(d)(1)(B), strike ‘‘Administrator’’ and sub-
stitute ‘‘Secretary of Veterans Affairs’’.
(J)(i) In section 3512(c)(1), strike ‘‘subsection (a)(3)’’ and
substitute ‘‘subsection (b)(3)’’.
(ii) In section 3512(d)(1) and (2), strike ‘‘subsection (b)’’
wherever it appears and substitute ‘‘subsection (c)’’.
(K) In section 3551(1), strike ‘‘an Federal’’ and substitute
‘‘a Federal’’.
(L) In section 3552, strike ‘‘section 111(h)’’ and ‘‘(40 U.S.C.
759(h))’’ and substitute ‘‘section 111(f)’’ and ‘‘(40 U.S.C. 759(f))’’,
respectively.
(M) 
In 
section 
3718(b)(3)(A), 
strike 
‘‘15 
U.S.C.
6376(d)(3)(C)(i)’’ and substitute ‘‘15 U.S.C. 637(d)(3)(C)(i)’’.
(N) In section 3726(d), strike ‘‘miscellaneous receipt’’ and
substitute ‘‘miscellaneous receipts’’.
(O) In section 3729(e), strike ‘‘1954’’ and substitute ‘‘1986’’.
(P) In section 3730(e)(2)(B), strike ‘‘section paragraphs (1)’’
and substitute ‘‘paragraphs (1)’’.
(Q) In section 3801(a)(7)(B)(ii), strike ‘‘section 3803 of such
title’’ and substitute ‘‘section 3803 of this title’’.
(R) In section 5112(h), strike ‘‘title 31, United States Code’’
and substitute ‘‘this title’’.
(S) In section 6101(4)(B), strike ‘‘agency’’ and substitute
‘‘agency.’’.
(T) In the catchline of section 6202, strike ‘‘form’’ and
substitute ‘‘form,’’.
(U)(i) At the end of the analysis of chapter 69, add the
following new item:
‘‘6907.
State legislation requiring reallocation or redistribution of payments to
smaller units of general purpose government.’’.
(ii) Section 6907 is amended by adding before subsection
(a) the following:
H. R. 1758—619
‘‘§ 6907. State legislation requiring reallocation or redis-
tribution of payments to smaller units of general
purpose government’’.
(V) In section 7102(3), strike ‘‘politicial’’ and substitute
‘‘political’’.
(W) Section 7502 is amended as follows:
(i) In subsection (b)(2)(A), strike ‘‘the date of enactment
of this chapter’’ and substitute ‘‘October 19, 1984’’.
(ii) In subsection (b)(2)(B), strike ‘‘such date’’ and sub-
stitute ‘‘October 19, 1984’’.
(iii) In subsection (d), strike paragraph (5) and redesig-
nate paragraph (6) as paragraph (5).
(iv) In subsection (g), strike ‘‘section 3512(b)’’ and sub-
stitute ‘‘section 3512(c)’’.
(X) In section 7503(a), strike ‘‘To the extend’’ and substitute
‘‘To the extent’’.
(Y)(i) Subtitle V is amended by adding at the end of the
subtitle the following new chapter:
‘‘CHAPTER 77—LOAN REQUIREMENTS
‘‘Sec.
‘‘7701.
Taxpayer identifying number.
‘‘§ 7701. Taxpayer identifying number
‘‘(a) In this section—
‘‘(1) ‘included Federal loan program’ has the same meaning
given that term in section 6103(l )(3)(C) of the Internal Revenue
Code of 1986 (26 U.S.C. 6103(l )(3)(C)).
‘‘(2) ‘taxpayer identifying number’ means the identifying
number required under section 6109 of the Internal Revenue
Code of 1986 (26 U.S.C. 6109).
‘‘(b) The head of an agency administering an included Federal
loan program shall require a person applying for a loan under
the program to provide that person’s taxpayer identifying number.’’.
(ii) The analysis of subtitle V is amended by adding imme-
diately after item 75 the following new item:
‘‘77.
Loan Requirements .................................................................................... 7701’’.
(Z) In section 9101(2)(K), strike ‘‘The’’ and substitute ‘‘the’’.
(AA) In section 9110(e)(1), strike ‘‘subparagraph’’ and sub-
stitute ‘‘section’’.
(2) Effective December 22, 1987, section 407 of The Judiciary
Appropriation Act, 1988 (Public Law 100–202, 101 Stat. 1329–
26), is amended to read as follows:
‘‘Sec. 407. Section 1344 of title 31, United States Code, is
amended as follows:
‘‘(1) In subsection (b)—
‘‘(A) redesignate clauses (2)–(8) as clauses (3)–(9),
respectively;
‘‘(B) insert below clause (1) the following:
‘‘ ‘(2) the Chief Justice and the Associate Justices of
the Supreme Court;’;
‘‘(C) in clause (3)(B), as redesignated by clause (A)
of this paragraph, strike ‘subparagraph (A) of this para-
graph’ and substitute ‘subclause (A) of this clause’; and
‘‘(D) in the last sentence, strike ‘paragraph (8)’ and
substitute ‘clause (9)’.
H. R. 1758—620
‘‘(2) In subsection (d)—
‘‘(A) in paragraphs (1) and (2), strike ‘paragraph (8)
of subsection (b)’ wherever it appears and substitute ‘sub-
section (b)(9) of this section’;
‘‘(B) in paragraph (3), strike ‘subsections (a)(2),
(b)(2)(B), and (b)(8)’ and ‘subsection (b)(8)’ and substitute
‘subsections (a)(2) and (b)(3)(B) and (9)’ and ‘subsection
(b)(9)’, respectively; and
‘‘(C) in paragraph (4), strike ‘paragraphs (1), (2)(B),
and (8) of subsection (b)’ and ‘paragraph (8) of subsection
(b), and the expected duration of any authorization under
such paragraph’ and substitute ‘subsection (b)(1), (3)(B),
and (9) of this section’ and ‘subsection (b)(9), and the
expected duration of any authorization under subsection
(b)(9)’, respectively.
‘‘(3) In subsection (e)(1), strike ‘(b)(8)’ and substitute
‘(b)(9)’.’’.
(3) Effective September 27, 1988, the last sentence of the para-
graph headed ‘‘PAYMENTS IN LIEU OF TAXES’’ in title I of
the Act of September 27, 1988 (Public Law 100–446, 102 Stat.
1775), is amended to read as follows: ‘‘Section 6901(2)(A) of title
31, United States Code, is amended by striking ‘existing in Alaska
on October 20, 1976’.’’.
(g) Title 39, United States Code, is amended as follows:
(1) In section 5007—
(A) insert the subsection designation ‘‘(a)’’ at the begin-
ning of the text of the section; and
(B) add at the end of the section the following new
subsection:
‘‘(b)(1) In this subsection, ‘air carrier’ and ‘aircraft’ have the
same meanings given those terms in section 40102(a) of title 49.
‘‘(2) An air carrier engaged in transporting mail shall carry
without charge on any plane it operates those agents and officers
of the Postal Service traveling on official business related to
transporting mail by aircraft, as prescribed by regulations of the
Secretary of Transportation, on exhibiting credentials.’’.
(2) Amend section 5402 as follows:
(A) In subsection (a), strike ‘‘section 1302’’ and sub-
stitute ‘‘section 40101(a)’’.
(B) In subsection (b), strike ‘‘sections 1371(k) and
1386(b)’’, ‘‘sections 1301–1542’’, and ‘‘sections 1371–1386’’
and substitute ‘‘sections 40109(a) and (c)–(h) and 42112’’,
‘‘part A of subtitle VII’’, and ‘‘chapters 411 and 413’’, respec-
tively.
(C) In subsection (d)—
(i) insert ‘‘determine rates and’’ after ‘‘may’’; and
(ii) strike ‘‘and overseas’’.
(D) In subsection (e)—
(i) strike ‘‘ ‘overseas air transportation’,’’; and
(ii) strike ‘‘section 101 of the Federal Aviation Act
of 1958 (49 U.S.C. 1301)’’ and substitute ‘‘section
40102(a) of title 49’’.
(h) Section 382 of the Energy Policy and Conservation Act
(42 U.S.C. 6362) is amended as follows:
(1) Strike subsection (a) and substitute the following:
‘‘(a) In this section, ‘agency’ means—
H. R. 1758—621
‘‘(1) the Department of Transportation with respect to part
A of subtitle VII of title 49, United States Code;
‘‘(2) the Interstate Commerce Commission;
‘‘(3) the Federal Maritime Commission; and
‘‘(4) the Federal Power Commission.’’.
(2) In subsection (b), strike ‘‘subsection (a)(1)’’ and sub-
stitute ‘‘subsection (a)’’.
(i) The Act of April 22, 1908 (45 U.S.C. 51 et seq.), is amended
by inserting immediately after section 4 the following new section:
‘‘SEC. 4A. A regulation, standard, or requirement in force, or
prescribed by the Secretary of Transportation under chapter 201
of title 49, United States Code, or by a State agency that is partici-
pating in investigative and surveillance activities under section
20105 of title 49, is deemed to be a statute under sections 3
and 4 of this Act.’’.
(j) Title 49, United States Code, is amended as follows:
(1) In section 102, redesignate subsection (e), as enacted
by section 1(b) of the Act of January 12, 1983 (Public Law
97–449, 96 Stat. 2414), as subsection (f).
(2) In section 104(b)(1), strike ‘‘Admininstrator’’ and sub-
stitute ‘‘Administrator’’.
(3) Amend section 106 as follows:
(A) In subsection (f), strike ‘‘Secretary shall’’ and sub-
stitute ‘‘Secretary of Transportation shall’’.
(B) Subsection (g) is amended to read as follows:
‘‘(g) DUTIES AND POWERS OF ADMINISTRATOR.—(1) Except as
provided in paragraph (2) of this subsection, the Administrator
shall carry out—
‘‘(A) duties and powers of the Secretary of Transportation
under subsection (f) of this section related to aviation safety
(except those related to transportation, packaging, marking,
or description of hazardous material) and stated in sections
308(b), 1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108,
40109(b), 40113(a), (c), and (d), 40114(a), 40119, 44501(a) and
(c), 44502(a)(1), (b), and (c), 44504, 44505, 44507, 44508, 44511–
44513, 
44701–44716, 
44718(c), 
44721(a), 
44901, 
44902,
44903(a)–(c) and (e), 44906, 44912, 44935–44937, and 44938(a)
and (b), chapter 451, sections 45302, 45303, 46104, 46301(d)
and (h)(2), 46303(c), 46304–46308, 46310, 46311, and 46313–
46316, chapter 465, and sections 47504(b)(related to flight
procedures), 47508(a), and 48107 of this title; and
‘‘(B) additional duties and powers prescribed by the Sec-
retary of Transportation.
‘‘(2) In carrying out sections 40119, 44901, 44903(a)–(c) and
(e), 44906, 44912, 44935–44937, 44938(a) and (b), and 48107 of
this title, paragraph (1)(A) of this subsection does not apply to
duties and powers vested in the Director of Intelligence and Security
by section 44931 of this title.’’.
(C) In subsection (k), insert ‘‘to the Secretary of
Transportation’’ immediately after ‘‘appropriated’’.
(4) In section 108(a)—
(A) strike—
‘‘(a) Except when operating as a service in the Navy, the’’
and substitute—
‘‘(a)(1) The’’; and
(B) add at the end of subsection (a) the following new
paragraph:
H. R. 1758—622
‘‘(2) Notwithstanding paragraph (1) of this subsection, the Coast
Guard, together with the duties and powers of the Coast Guard,
shall operate as a service in the Navy as provided under section
3 of title 14.’’.
(5)(A) In section 110(a), strike ‘‘St. Lawrence’’ and sub-
stitute ‘‘Saint Lawrence’’.
(B) In the analysis of chapter 1, strike—
‘‘110. St. Lawrence Seaway Development Corporation.
‘‘110. Saint Lawrence Seaway Development Corporation.
‘‘111. Bureau of Transportation Statistics.’’.
and substitute—
‘‘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 transpor-
tation, service, and facilities for the commerce of the United
States; and
‘‘(2) to foster and preserve rail and water transportation.
‘‘(b) DEFINITION.—In this section, ‘inland waterway’ includes
the Great Lakes.
‘‘(c) REQUIREMENTS.—The Secretary of Transportation shall—
‘‘(1) investigate the types of vessels suitable for different
classes of inland waterways to promote, encourage, and develop
inland waterway transportation facilities for the commerce of
the United States;
‘‘(2) investigate water terminals, both for inland waterway
traffic and for through traffic by water and rail, including
the necessary docks, warehouses, and equipment, and inves-
tigate 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 economi-
cally;
‘‘(3) consult with communities, cities, and towns about the
location of water terminals, and cooperate with them in prepar-
ing plans for terminal facilities;
‘‘(4) investigate the existing status of water transportation
on the different inland waterways of the United States to
learn the extent to which—
‘‘(A) the waterways are being used to their capacity
and are meeting the demands of traffic; and
‘‘(B) water carriers using those waterways are
interchanging traffic with rail carriers;
‘‘(5) investigate other matters that may promote and
encourage inland water transportation; and
‘‘(6) compile, publish, and distribute information about
transportation on inland waterways that the Secretary consid-
ers 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:
H. R. 1758—623
(A) In subsection (b)(1)—
(i) strike ‘‘title VII of the Federal Aviation Act
of 1958 (49 U.S.C. 1441 et seq.)’’ and substitute ‘‘chap-
ter 11 of this title’’;
(ii) strike ‘‘and overseas’’ and ‘‘or overseas’’ wher-
ever it appears; 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
provided under subsection (a)(1), (2), and (3) of this section’’
and substitute ‘‘medical treatment provided under subsection
(a)(1) of this section and for supplies and services provided
under subsection (a)(2) and (3) of this section’’.
(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 include a specific request for the Office of the Director of
Intelligence and Security. In deciding on the budget request for
the Office, the Secretary shall consider recommendations in the
annual report submitted under section 44938(a) of this title.
‘‘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 Transpor-
tation in carrying out a duty or power transferred under the Depart-
ment of Transportation Act (Public Law 89–670, 80 Stat. 931),
or an action of the Administrator of the Federal Railroad Adminis-
tration, the Federal Highway Administration, or the Federal Avia-
tion Administration in carrying out a duty or power specifically
assigned to the Administrator by that Act, may be reviewed
judicially to the same extent and in the same way as if the action
had been an action by the department, agency, or instrumentality
of the United States Government carrying out the duty or power
immediately before the transfer or assignment.
‘‘(b) APPLICATION OF PROCEDURAL REQUIREMENTS.—A statutory
requirement related to notice, an opportunity for a hearing, action
on the record, or administrative review that applied to a duty
or power transferred by the Act applies to the Secretary or Adminis-
trator 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.