H. R. 1758—624
‘‘§ 352. Authority to carry out certain transferred duties and
powers
‘‘In carrying out a duty or power transferred under the Depart-
ment of Transportation Act (Public Law 89–670, 80 Stat. 931),
the Secretary of Transportation and the Administrators of the Fed-
eral Railroad Administration, the Federal Highway Administration,
and the Federal Aviation Administration have the same authority
that was vested in the department, agency, or instrumentality
of the United States Government carrying out the duty or power
immediately before the transfer. An action of the Secretary or
Administrator in carrying out the duty or power has the same
effect as when carried out by the department, agency, or instru-
mentality.
‘‘§ 353. Toxicological testing of officers and employees
‘‘(a) COLLECTING SPECIMENS.—When the Secretary of Transpor-
tation or the head of a component of the Department of Transpor-
tation conducts post-accident or post-incident toxicological testing
of an officer or employee of the Department, the Secretary or
head shall collect the specimen from the officer or employee as
soon as practicable after the accident or incident. The Secretary
or head shall try to collect the specimen not later than 4 hours
after the accident or incident.
‘‘(b) REPORTS.—The head of each component shall submit a
report to the Secretary on the circumstances about the amount
of time required to collect the specimen for a toxicological test
conducted on an officer or employee who is reasonably associated
with the circumstances of an accident or incident under the inves-
tigative jurisdiction of the National Transportation Safety Board.
‘‘(c) NONCOMPLIANCE NOT A DEFENSE.—An officer or employee
required to submit to toxicological testing may not assert failure
to comply with this section as a claim, cause of action, or defense
in an administrative or judicial proceeding.’’.
(B) The analysis of chapter 3 is amended by adding imme-
diately after item 336 the following:
‘‘337.
Budget request for the Director of Intelligence and Security.
‘‘SUBCHAPTER III—MISCELLANEOUS
‘‘351.
Judicial review of actions in carrying out certain transferred duties and pow-
ers.
‘‘352.
Authority to carry out certain transferred duties and powers.
‘‘353.
Toxicological testing of officers and employees.’’.
(11)(A) In section 501(a), strike clauses (4)–(9).
(B) Strike section 508.
(C) In the analysis of chapter 105, strike the item related
to section 508.
(D) In section 521(b)(2)(A), strike ‘‘section 508’’ and sub-
stitute ‘‘chapter 59’’.
(12) In sections 502(e)(2) and 10321(d)(3), insert ‘‘judge’’
after ‘‘United States magistrate’’.
(13) Section 10362(b)(5) is amended to read as follows:
‘‘(5) prescribe regulations that contain standards for the
computation of subsidies for rail passenger transportation
(except passenger transportation compensation disputes subject
to the jurisdiction of the Commission under sections 24308(a)
and 24903(c)(2) of this title) that are consistent with the com-
pensation principles described in the final system plan estab-
H. R. 1758—625
lished under the Regional Rail Reorganization Act of 1973
(45 U.S.C. 701 et seq.) and that avoid cross-subsidization among
commuter, intercity, and freight rail transportation;’’.
(14) In sections 10363(c) and 10383(c), strike ‘‘rate for
GS–18’’ and substitute ‘‘maximum rate payable under section
5376 of title 5’’.
(15) In section 10501(d)—
(A) strike ‘‘procedures of this title’’ and substitute
‘‘procedures of this subtitle’’; and
(B) strike ‘‘provided in this title’’ and substitute ‘‘pro-
vided in this subtitle’’.
(16) In section 10504—
(A) strike ‘‘local public body’’ wherever it appears and
substitute ‘‘local governmental authority’’;
(B) strike ‘‘rail mass transportation’’ wherever it
appears and substitute ‘‘mass transportation’’;
(C) in subsection (a)(1)(A), strike ‘‘section 1608(c)(2)’’
and substitute ‘‘section 5302(a)’’; and
(D) in subsection (a)(2), strike ‘‘section 1608(c)(5)’’ and
substitute ‘‘section 5302(a)’’.
(17) In section 10526(a)—
(A) in clause (8)(B), strike ‘‘Civil Aeronautics Board
or its successor agency’’ and substitute ‘‘Secretary of
Transportation’’;
(B) in clause (10), strike ‘‘work.’’ and substitute ‘‘work;’’;
(C) in clause (13), strike ‘‘or’’; and
(D) in clause (14), strike ‘‘title.’’ and substitute ‘‘title;
or’’.
(18) In section 10530(i)(3), strike ‘‘notifed’’ and substitute
‘‘notified’’.
(19) In section 10701a(b)(3), strike ‘‘policy of this title’’
and substitute ‘‘policy of this subtitle’’.
(20) In section 10705a(g)(3)—
(A) before clause (A), strike ‘‘provision of this title’’
and substitute ‘‘provision of this subtitle’’; and
(B) in clause (A), strike ‘‘service over any rate’’ and
substitute ‘‘service over any route’’.
(21) In section 10707(d)—
(A) in paragraph (2), strike ‘‘under this title’’ and sub-
stitute ‘‘under this subtitle’’; and
(B) in paragraph (3), strike ‘‘title’’ wherever it appears
and substitute ‘‘subtitle’’.
(22) In section 10707a(b)(1), strike ‘‘paragraph (2)’’ and
substitute ‘‘paragraph (3)’’.
(23) In section 10731(e), strike ‘‘provision of this title’’
and substitute ‘‘provision of this subtitle’’.
(24) In section 10749(b)(2), strike ‘‘Civil Aeronautics Board
under the Federal Aviation Act of 1958 (49 App. U.S.C. 1301
et seq.)’’ and substitute ‘‘Secretary of Transportation under
part A of subtitle VII of this title’’.
(25) In section 10751(b), strike ‘‘purposes of this title’’ and
substitute ‘‘purposes of this subtitle’’.
(26) In section 10905(d)(1) and (e), strike ‘‘government
authority’’ and substitute ‘‘governmental authority’’.
(27) In section 10910—
(A) in subsection (a)(1), strike ‘‘government authority’’
and substitute ‘‘governmental authority’’; and
H. R. 1758—626
(B) in subsection (g)(1), strike ‘‘provisions of this title’’
and substitute ‘‘provisions of this subtitle’’.
(28) In section 10924(e), insert ‘‘of’’ after ‘‘protection’’.
(29) In the analysis of chapter 111—
(A) in item 11128, strike ‘‘Water’’ and substitute ‘‘War’’;
and
(B) in item 11142, strike ‘‘systems’’ and substitute ‘‘sys-
tem’’.
(30) In section 11162(a), strike ‘‘proceedings under this
title’’ and substitute ‘‘proceedings under this subtitle’’.
(31) In section 11163, strike ‘‘purposes of this title’’ and
substitute ‘‘purposes of this subtitle’’.
(32) In section 11166(a), strike ‘‘pursuant to this title’’
and substitute ‘‘under this subtitle’’.
(33) In section 11167, strike ‘‘under this title’’ and sub-
stitute ‘‘under this subtitle’’.
(34) In section 11501(b)(3)(A), strike ‘‘title’’ and substitute
‘‘subtitle’’.
(35) In section 11909(b), strike ‘‘1966,,’’ and substitute
‘‘1966,’’.
(k) Effective January 1, 1999, the following sections of title
49, United States Code, as enacted by section 1 of this Act, are
amended as follows:
(1) In sections 41107, 41901(b)(1), 41902(a), and 41903,
strike ‘‘transportation or between places in Alaska’’ wher-
ever it appears and substitute ‘‘transportation’’.
(2) Strike section 41901(g).
(3) In section 41902(b)—
(A) strike clause (3); and
(B) in clause (4), strike ‘‘clauses (1)–(3)’’ and sub-
stitute ‘‘clauses (1) and (2)’’.
(l) The Act of June 29, 1940 (ch. 444, 54 Stat. 686), is amended
as follows:
(1) Except as provided in paragraphs (2) and (3) of this
subsection, strike ‘‘Administrator’’ wherever it appears and sub-
stitute ‘‘Secretary’’.
(2) In subsection (a) of the first section, strike ‘‘ ‘Adminis-
trator’ means the Administrator of the Federal Aviation
Agency’’ and substitute ‘‘ ‘Secretary’ means the Secretary of
Transportation’’.
(3) In section 4(a), strike ‘‘Administrator, and any Federal
Aviation Agency’’ and substitute ‘‘Secretary, and any Depart-
ment of Transportation’’.
(4) In section 6, strike ‘‘United States commissioner’’ wher-
ever it appears and substitute ‘‘United States magistrate judge’’.
(m) The Act of September 7, 1950 (ch. 905, 64 Stat. 770),
is amended as follows:
(1) Except as provided in paragraph (2) of this subsection,
strike ‘‘Administrator’’ wherever it appears and substitute ‘‘Sec-
retary’’.
(2) In the first section, strike ‘‘Administrator of the Federal
Aviation Agency’’ and ‘‘ ‘Administrator’ ’’ and substitute ‘‘Sec-
retary of Transportation’’ and ‘‘ ‘Secretary’ ’’, respectively.
(3) In sections 4 and 8(a), strike ‘‘Federal Aviation Agency’’
and substitute ‘‘Department of Transportation’’.
H. R. 1758—627
(4) In section 8(d), strike ‘‘United States Commissioner’’
wherever it appears and substitute ‘‘United States magistrate
judge’’.
(n) Section 101(1st complete par. on p. 646) of the Act of
August 30, 1964 (Public Law 88–507, 78 Stat. 646), is amended
by striking ‘‘Administrator of the Federal Aviation Agency’’ and
substituting ‘‘Secretary of Transportation’’.
(o) Section 9111 of the Anti-Drug Abuse Act of 1988 (Public
Law 100–690, 102 Stat. 4531) is amended as follows:
(1) In the introductory language of subsection (b)(1), strike
‘‘Subsection (b) of section 10530 of such title is amended by
striking out paragraph (1) and inserting in lieu thereof the
following new paragraph:’’ and substitute ‘‘Subsection (b)(1)
of section 10530 of title 49 is amended to read as follows:’’.
(2) In subsection (b)(2), strike ‘‘Such subsection’’ and sub-
stitute ‘‘Subsection (b) of section 10530’’.
(3) In the introductory language of subsection (f)(1), strike
‘‘Subsection (g) of such section is amended by striking out
paragraph (1) and inserting in lieu thereof the following:’’ and
substitute ‘‘Subsection (g)(1) of section 10530 of title 49 is
amended to read as follows:’’.
(4) In subsection (f)(2), strike ‘‘Such subsection’’ and sub-
stitute ‘‘Subsection (g) of section 10530’’.
(p) Section 4007(e) of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2153) is
amended by inserting ‘‘and section 31307 of title 49, United States
Code’’ immediately after ‘‘this section’’.
(q) The revision of regulations, referred to in section
32705(b)(2)(A) of title 49, United States Code, as enacted by section
1 of this Act, that is required by section 7 of the Independent
Safety Board Act Amendments of 1990 (Public Law 101–641, 104
Stat. 4657) shall be prescribed not later than May 28, 1991.
(r) Section 165 of the Surface Transportation Assistance Act
of 1982 (Public Law 97–424, 96 Stat. 2136) is amended as follows:
(1) In subsections (a) and (d), strike ‘‘the Urban Mass
Transportation Act of 1964,’’.
(2) In subsection (b)—
(A) after the semicolon at the end of clause (2), add
‘‘or’’; and
(B) strike clause (3).
(s) Effective on the date the regulations required under section
60101(b) of title 49, United States Code, as enacted by section
1 of this Act, are effective, section 60101(a)(21) and (22) of title
49, as enacted by section 1, is amended to read as follows:
‘‘(21) ‘transporting gas’—
‘‘(A) means—
‘‘(i) the gathering, transmission, or distribution of
gas by pipeline, or the storage of gas, in interstate
or foreign commerce; and
‘‘(ii) the movement of gas through regulated
gathering lines; but
‘‘(B) does not include gathering gas (except through
regulated gathering lines) in a rural area outside a popu-
lated area designated by the Secretary as a nonrural area.
‘‘(22) ‘transporting hazardous liquid’—
‘‘(A) means—
H. R. 1758—628
‘‘(i) the movement of hazardous liquid by pipeline,
or the storage of hazardous liquid incidental to the
movement of hazardous liquid by pipeline, in or affect-
ing interstate or foreign commerce; and
‘‘(ii) the movement of hazardous liquid through
regulated gathering lines; but
‘‘(B) does not include moving hazardous liquid
through—
‘‘(i) gathering lines (except regulated gathering
lines) in a rural area;
‘‘(ii) onshore production, refining, or manufacturing
facilities; or
‘‘(iii) storage or in-plant piping systems associated
with onshore production, refining, or manufacturing
facilities.’’.
(t)(1) Not later than March 3, 1995, the Secretary of Transpor-
tation shall complete a regulatory proceeding to consider prescribing
regulations to improve the safety and working conditions of loco-
motive cabs. The proceeding shall assess—
(A) the adequacy of Locomotive Crashworthiness Require-
ments Standard S–580, or any successor standard, adopted
by the Association of American Railroads in 1989 in improving
the safety of locomotive cabs; and
(B) the extent to which environmental, sanitary, and other
working conditions in locomotive cabs affect productivity,
health, and the safe operation of locomotives.
(2) SUPPORTING RESEARCH AND ANALYSIS.—In support of the
proceeding required under paragraph (1) of this subsection, the
Secretary shall conduct research and analysis, including computer
modeling and full-scale crash testing, as appropriate, to consider—
(A) the costs and benefits associated with equipping loco-
motives with—
(i) braced collision posts;
(ii) rollover protection devices;
(iii) deflection plates;
(iv) shatterproof windows;
(v) readily accessible crash refuges;
(vi) uniform sill heights;
(vii) anticlimbers, or other equipment designed to pre-
vent overrides resulting from head-on locomotive collisions;
(viii) equipment to deter post-collision entry of flam-
mable liquids into locomotive cabs;
(ix) any other devices intended to provide crash protec-
tion for occupants of locomotive cabs; and
(x) functioning and regularly maintained sanitary
facilities; and
(B) the effects on train crews of the presence of asbestos
in locomotive components.
(3) REPORT.—If, on the basis of the proceeding required under
paragraph (1) of this subsection, the Secretary decides not to pre-
scribe regulations, the Secretary shall report to Congress on the
reasons for that decision.
(u) Not later than April 25, 1993, the Attorney General shall
prescribe the regulations required under section 33110(c) of title
49, United States Code, as enacted by section 1 of this Act. Section
33110(b) of title 49 is effective not later than 3 months after
those regulations are prescribed but not before the date on which