737
(c) LIABILITY FOR IMPROPER LOADING.—A common carrier issuing 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 shipper loaded the goods.
(d) CARRIER’S DUTY TO DETERMINE KIND, QUANTITY, AND NUMBER.—
(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 quan-
tity, 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 negotiable
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 in-
demnify the carrier or a person injured by delivery against liability under
the outstanding original bill. The court also may order payment of reason-
able costs and attorney’s fees to the carrier. A voluntary surety bond, with-
out 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 liabil-
ity 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.
§ 80115. Limitation on use of judicial process to obtain pos-
session 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 surren-
dered to the carrier or its negotiation is enjoined.
738
(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 Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)), in-
cluding 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 transported—
(i) in the District of Columbia or a territory or possession
of the United States; or
739
(ii) from a place in a State, the District of Columbia, or
a territory or possession of the United States, to a place in
another State, the District of Columbia, or a territory or pos-
session; 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 sub-
section; 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 North-
ern 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 appro-
priate 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 for-
feited 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;
740
(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 sec-
tion, the Secretary of the Treasury—
(1) may designate officers, employees, agents, or other persons to
carry out this chapter; and
(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 Gov-
ernor 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 necessary to meet condi-
tions 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 necessary to meet condi-
tions in the Northern Mariana Islands; and
(3) may prescribe regulations to carry out this chapter in the North-
ern Mariana Islands.
(d) CUSTOMS LAWS ON SEIZURE AND FORFEITURE.—The Secretary, 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 chap-
ter.
§ 80305. Availability of certain appropriations
Appropriations for enforcing customs, narcotics, counterfeiting, or inter-
nal 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 an-
other law—
(1) imposing, or authorizing the compromise of, fines, penalties, or
forfeitures; or
741
(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 condemna-
tion 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 in-
former 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.
§ 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 prop-
erty is prima facie evidence of the places to which and from which the prop-
erty 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 per-
son 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 an-
other 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.
742
(2) Sheep may be confined for an additional 8 consecutive hours without
being unloaded when the 28-hour period of confinement ends at night. Ani-
mals may be confined for—
(A) more than 28 hours when the animals cannot be unloaded be-
cause of accidental or unavoidable causes that could not have been an-
ticipated 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 feed-
ing, 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 mas-
ter 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 trans-
portation 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.
(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 car-
riers, 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 pen-
alty 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—
743
(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 compensation; 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 independ-
ent contractor performing an inspection service for the Public Health Serv-
ice) 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, opera-
tor, 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 sub-
section 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 in-
strumentality of the Government for the expenses of performing an inspec-
tion 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 regu-
lar service hours on a weekday. The head of the department, agency, or in-
strumentality may not assess an owner or operator of an aircraft for admin-
istrative overhead expenses for inspection or quarantine service provided by
the department, agency, or instrumentality 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 sec-
tion 13031(e)(1) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(e)(1)).
§ 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 en-
dangers that individual’s life in trying to prevent, or save the life of another
744
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 indi-
vidual 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 neg-
ligent, the President shall issue a new ribbon without charge to the individ-
ual.
(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 necessary;
(C) give an officer or employee of the United States Government sta-
tioned at a port of entry (with the consent of the head of the depart-
ment, 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 regula-
tions on carrying out the customs laws, to the extent and under condi-
tions the Secretary considers necessary; and
(E) by regulation, apply to civil aircraft the laws and regulations 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 regula-
tion 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 viola-
tion. 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.
745
(3) A person violating a regulation made applicable under paragraph
(1)(E) of this subsection or an immigration regulation prescribed under
paragraph (1)(E) is liable to the Government for a civil penalty of $5,000
for each violation. The Secretary of the Treasury or the Attorney General
may remit or mitigate a penalty under this paragraph.
(4) In addition to any other penalty, when a controlled substance de-
scribed 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 ap-
plies, the owner of, or individual commanding, the aircraft is liable to the
Government for the penalties provided in section 584 for each violation un-
less the owner or individual, by a preponderance of the evidence, dem-
onstrates 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 considers necessary.
(2) A person violating a law or regulation made applicable under para-
graph (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 Gen-
eral of the remission or mitigation proceeding.
(e)(1) An aircraft subject to a lien under this section may be seized sum-
marily by and placed in the custody of a person authorized by regulations
of the appropriate Secretary or the Attorney 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;
746
(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 Attor-
ney General in an amount and with a surety the appropriate Secretary
or the Attorney General prescribes, conditioned on payment of the pen-
alty or amount not remitted or mitigated.
(f) A civil penalty under this section may be collected by bringing 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 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 reex-
amined only under common law rules.
(g) Necessary amounts may be appropriated to allow the head of a de-
partment, agency, or instrumentality of the Government to acquire space at
a public airport (as defined in section 47102 of title 49) when the head de-
cides the space is necessary to carry out inspections, clearance, collection
of taxes or duties, or a similar responsibility of the head, related to trans-
porting 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 fol-
lows:
(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 govern-
mental authority may petition the Interstate Commerce Commission for an
exemption from the jurisdiction of the Commission under this subchapter
for mass transportation the authority provides or has provided to it by con-
tract. 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 exemption;
‘‘(2) the exemption would result in an unreasonable burden on inter-
state or foreign commerce; or
‘‘(3) a State or local governmental authority may not regulate the
mass transportation to be exempt under this section.
747
‘‘(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 chap-
ter 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 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 Corpora-
tion.’’
and substitute—
‘‘Administrator of the Saint Lawrence Seaway Development Corpora-
tion.’’.
(3) In section 8172, strike ‘‘Secretary of the Treasury’’ and sub-
stitute ‘‘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—
748
‘‘(1) ‘retrofit device’ means any component, equipment, or other de-
vice—
‘‘(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 component, equipment, or other de-
vice); and
‘‘(B) which any manufacturer, dealer, or distributor of such de-
vice 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 in-
cludes 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 strik-
ing ‘‘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 ‘‘Per-
form’’.
(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’’.
749
(ii) In subsection (e)(1)(C), strike ‘‘appropirated’’ and ‘‘law’’
and substitute ‘‘appropriated’’ and ‘‘law.’’, respectively.
(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 sub-
stitute a period.
(I) In section 3330(d)(1)(B), strike ‘‘Administrator’’ and substitute
‘‘Secretary of Veterans Affairs’’.
(J)(i) In section 3512(c)(1), strike ‘‘subsection (a)(3)’’ and sub-
stitute ‘‘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 Fed-
eral’’.
(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))’’, re-
spectively.
(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 fol-
lowing:
750
‘‘§ 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 substitute
‘‘October 19, 1984’’.
(iii) In subsection (d), strike paragraph (5) and redesignate
paragraph (6) as paragraph (5).
(iv) In subsection (g), strike ‘‘section 3512(b)’’ and substitute
‘‘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 re-
quired 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 pro-
gram shall require a person applying for a loan under the program to pro-
vide that person’s taxpayer identifying number.’’.
(ii) The analysis of subtitle V is amended by adding immediately
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 substitute
‘‘section’’.
(2) Effective December 22, 1987, section 407 of The Judiciary Appro-
priation 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:
751
‘‘(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 Su-
preme Court;’;
‘‘(C) in clause (3)(B), as redesignated by clause (A) of this
paragraph, strike ‘subparagraph (A) of this paragraph’ and sub-
stitute ‘subclause (A) of this clause’; and
‘‘(D) in the last sentence, strike ‘paragraph (8)’ and substitute
‘clause (9)’.
‘‘(2) In subsection (d)—
‘‘(A) in paragraphs (1) and (2), strike ‘paragraph (8) of sub-
section (b)’ wherever it appears and substitute ‘subsection (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 paragraph
headed ‘‘PAYMENTS IN LIEU OF TAXES’’ in title I of the Act of Sep-
tember 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 beginning 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 mean-
ings 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 Serv-
ice traveling on official business related to transporting mail by aircraft, as
prescribed by regulations of the Secretary of Transportation, on exhibiting
credentials.’’.
752
(2) Amend section 5402 as follows:
(A) In subsection (a), strike ‘‘section 1302’’ and substitute
‘‘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’’, respectively.
(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—
‘‘(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 substitute ‘‘sub-
section (a)’’.
(i) The Act of April 22, 1908 (45 U.S.C. 51 et seq.), is amended by in-
serting 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 participating 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 substitute
‘‘Administrator’’.
(3) Amend section 106 as follows:
753
(A) In subsection (f), strike ‘‘Secretary shall’’ and substitute
‘‘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 re-
lated to transportation, packaging, marking, or description of hazard-
ous 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 Secretary 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 Transpor-
tation’’ 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 para-
graph:
‘‘(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 substitute
‘‘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—
754
‘‘110. Saint Lawrence Seaway Development Corporation.
‘‘111. Bureau of Transportation Statistics.’’.
(6)(A) Chapter 3 is amended by inserting immediately after section
303 the following new section:
‘‘§ 303a. Development of water transportation
‘‘(a) POLICY.—It is the policy of Congress—
‘‘(1) to promote, encourage, and develop water transportation, serv-
ice, and facilities for the commerce of the United States; and
‘‘(2) to foster and preserve rail and water transportation.
‘‘(b) DEFINITION.—In this section, ‘inland waterway’ includes the Great
Lakes.
‘‘(c) REQUIREMENTS.—The Secretary of Transportation shall—
‘‘(1) investigate the types of vessels suitable for different classes of
inland waterways to promote, encourage, and develop inland waterway
transportation facilities for the commerce of the United States;
‘‘(2) investigate water terminals, both for inland waterway traffic
and for through traffic by water and rail, including the necessary
docks, warehouses, and equipment, and investigate railroad spurs and
switches connecting with those water terminals, to develop the types
most appropriate for different locations and for transferring passengers
or property between water carriers and rail carriers more expeditiously
and economically;
‘‘(3) consult with communities, cities, and towns about the location
of water terminals, and cooperate with them in preparing plans for ter-
minal facilities;
‘‘(4) investigate the existing status of water transportation on the
different inland waterways of the United States to learn the extent to
which—
‘‘(A) the waterways are being used to their capacity and are
meeting the demands of traffic; and
‘‘(B) water carriers using those waterways are interchanging
traffic with rail carriers;
‘‘(5) investigate other matters that may promote and encourage in-
land water transportation; and
‘‘(6) compile, publish, and distribute information about transpor-
tation on inland waterways that the Secretary considers useful to the
commercial interests of the United States.’’.
(B) The analysis of chapter 3 is amended by inserting immediately
after item 303 the following new item:
‘‘303a.
Development of water transportation.’’.
(7) Amend section 329 as follows:
(A) In subsection (b)(1)—
755
(i) strike ‘‘title VII of the Federal Aviation Act of 1958 (49
U.S.C. 1441 et seq.)’’ and substitute ‘‘chapter 11 of this
title’’;
(ii) strike ‘‘and overseas’’ and ‘‘or overseas’’ wherever it ap-
pears; and
(iii) strike ‘‘section 419 of the Federal Aviation Act of
1958’’ and substitute ‘‘subchapter II of chapter 417 of this
title’’.
(B) In subsection (d), strike ‘‘the Federal Aviation Act of 1958
(49 App. U.S.C. 1301 et seq.)’’ and substitute ‘‘part A of subtitle
VII of this title’’.
(8) In section 331(b), strike ‘‘services, supplies, and facilities pro-
vided under subsection (a)(1), (2), and (3) of this section’’ and sub-
stitute ‘‘medical treatment provided under subsection (a)(1) of this sec-
tion and for supplies and services provided under subsection (a)(2) and
(3) of this section’’.
(9)(A) Sections 334 and 335 are repealed.
(B) Items 334 and 335 in the analysis of chapter 3 are repealed.
(10)(A) Chapter 3 is amended by adding immediately after section
336 the following:
‘‘§ 337. Budget request for the Director of Intelligence and
Security
‘‘The annual budget the Secretary of Transportation submits shall in-
clude a specific request for the Office of the Director of Intelligence and
Security. In deciding on the budget request for the Office, the Secretary
shall consider recommendations in the annual report submitted under sec-
tion 44938(a) of this title.
‘‘SUBCHAPTER III—MISCELLANEOUS
‘‘§ 351. Judicial review of actions in carrying out certain
transferred duties and powers
‘‘(a) JUDICIAL REVIEW.—An action of the Secretary of Transportation
in carrying out a duty or power transferred under the Department of Trans-
portation Act (Public Law 89–670, 80 Stat. 931), or an action of the Ad-
ministrator of the Federal Railroad Administration, the Federal Highway
Administration, or the Federal Aviation Administration in carrying out a
duty or power specifically assigned to the Administrator by that Act, may
be reviewed judicially to the same extent and in the same way as if the ac-
tion had been an action by the department, agency, or instrumentality of
the United States Government carrying out the duty or power immediately
before the transfer or assignment.
756
‘‘(b) APPLICATION OF PROCEDURAL REQUIREMENTS.—A statutory re-
quirement related to notice, an opportunity for a hearing, action on the
record, or administrative review that applied to a duty or power transferred
by the Act applies to the Secretary or Administrator when carrying out the
duty or power.
‘‘(c) NONAPPLICATION.—This section does not apply to a duty or power
transferred from the Interstate Commerce Commission to the Secretary
under section 6(e)(1)–(4) and (6)(A) of the Act.
‘‘§ 352. Authority to carry out certain transferred duties and
powers
‘‘In carrying out a duty or power transferred under the Department of
Transportation Act (Public Law 89–670, 80 Stat. 931), the Secretary of
Transportation and the Administrators of the Federal Railroad Administra-
tion, the Federal Highway Administration, and the Federal Aviation Admin-
istration have the same authority that was vested in the department, agen-
cy, or instrumentality of the United States Government carrying out the
duty or power immediately before the transfer. An action of the Secretary
or Administrator in carrying out the duty or power has the same effect as
when carried out by the department, agency, or instrumentality.
‘‘§ 353. Toxicological testing of officers and employees
‘‘(a) COLLECTING SPECIMENS.—When the Secretary of Transportation or
the head of a component of the Department of Transportation conducts
post-accident or post-incident toxicological testing of an officer or employee
of the Department, the Secretary or head shall collect the specimen from
the officer or employee as soon as practicable after the accident or incident.
The Secretary or head shall try to collect the specimen not later than 4
hours after the accident or incident.
‘‘(b) REPORTS.—The head of each component shall submit a report to the
Secretary on the circumstances about the amount of time required to collect
the specimen for a toxicological test conducted on an officer or employee
who is reasonably associated with the circumstances of an accident or inci-
dent under the investigative jurisdiction of the National Transportation
Safety Board.
‘‘(c) NONCOMPLIANCE NOT A DEFENSE.—An officer or employee re-
quired to submit to toxicological testing may not assert failure to comply
with this section as a claim, cause of action, or defense in an administrative
or judicial proceeding.’’.
(B) The analysis of chapter 3 is amended by adding immediately
after item 336 the following:
‘‘337.
Budget request for the Director of Intelligence and Security.
‘‘SUBCHAPTER III—MISCELLANEOUS
‘‘351.
Judicial review of actions in carrying out certain transferred duties and powers.
757
‘‘352.
Authority to carry out certain transferred duties and powers.
‘‘353.
Toxicological testing of officers and employees.’’.
(11)(A) In section 501(a), strike clauses (4)–(9).
(B) Strike section 508.
(C) In the analysis of chapter 105, strike the item related to section
508.
(D) In section 521(b)(2)(A), strike ‘‘section 508’’ and substitute
‘‘chapter 59’’.
(12) In sections 502(e)(2) and 10321(d)(3), insert ‘‘judge’’ after
‘‘United States magistrate’’.
(13) Section 10362(b)(5) is amended to read as follows:
‘‘(5) prescribe regulations that contain standards for the computa-
tion of subsidies for rail passenger transportation (except passenger
transportation compensation disputes subject to the jurisdiction of the
Commission under sections 24308(a) and 24903(c)(2) of this title) that
are consistent with the compensation principles described in the final
system plan established under the Regional Rail Reorganization Act of
1973 (45 U.S.C. 701 et seq.) and that avoid cross-subsidization among
commuter, intercity, and freight rail transportation;’’.
(14) In sections 10363(c) and 10383(c), strike ‘‘rate for GS–18’’
and substitute ‘‘maximum rate payable under section 5376 of title 5’’.
(15) In section 10501(d)—
(A) strike ‘‘procedures of this title’’ and substitute ‘‘procedures
of this subtitle’’; and
(B) strike ‘‘provided in this title’’ and substitute ‘‘provided in
this subtitle’’.
(16) In section 10504—
(A) strike ‘‘local public body’’ wherever it appears and sub-
stitute ‘‘local governmental authority’’;
(B) strike ‘‘rail mass transportation’’ wherever it appears and
substitute ‘‘mass transportation’’;
(C) in subsection (a)(1)(A), strike ‘‘section 1608(c)(2)’’ and
substitute ‘‘section 5302(a)’’; and
(D) in subsection (a)(2), strike ‘‘section 1608(c)(5)’’ and sub-
stitute ‘‘section 5302(a)’’.
(17) In section 10526(a)—
(A) in clause (8)(B), strike ‘‘Civil Aeronautics Board or its suc-
cessor agency’’ and substitute ‘‘Secretary of Transportation’’;
(B) in clause (10), strike ‘‘work.’’ and substitute ‘‘work;’’;
(C) in clause (13), strike ‘‘or’’; and
(D) in clause (14), strike ‘‘title.’’ and substitute ‘‘title; or’’.
758
(18) In section 10530(i)(3), strike ‘‘notifed’’ and substitute ‘‘noti-
fied’’.
(19) In section 10701a(b)(3), strike ‘‘policy of this title’’ and sub-
stitute ‘‘policy of this subtitle’’.
(20) In section 10705a(g)(3)—
(A) before clause (A), strike ‘‘provision of this title’’ and sub-
stitute ‘‘provision of this subtitle’’; and
(B) in clause (A), strike ‘‘service over any rate’’ and substitute
‘‘service over any route’’.
(21) In section 10707(d)—
(A) in paragraph (2), strike ‘‘under this title’’ and substitute
‘‘under this subtitle’’; and
(B) in paragraph (3), strike ‘‘title’’ wherever it appears and
substitute ‘‘subtitle’’.
(22) In section 10707a(b)(1), strike ‘‘paragraph (2)’’ and substitute
‘‘paragraph (3)’’.
(23) In section 10731(e), strike ‘‘provision of this title’’ and sub-
stitute ‘‘provision of this subtitle’’.
(24) In section 10749(b)(2), strike ‘‘Civil Aeronautics Board under
the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.)’’ and
substitute ‘‘Secretary of Transportation under part A of subtitle VII
of this title’’.
(25) In section 10751(b), strike ‘‘purposes of this title’’ and sub-
stitute ‘‘purposes of this subtitle’’.
(26) In section 10905(d)(1) and (e), strike ‘‘government authority’’
and substitute ‘‘governmental authority’’.
(27) In section 10910—
(A) in subsection (a)(1), strike ‘‘government authority’’ and
substitute ‘‘governmental authority’’; and
(B) in subsection (g)(1), strike ‘‘provisions of this title’’ and
substitute ‘‘provisions of this subtitle’’.
(28) In section 10924(e), insert ‘‘of’’ after ‘‘protection’’.
(29) In the analysis of chapter 111—
(A) in item 11128, strike ‘‘Water’’ and substitute ‘‘War’’; and
(B) in item 11142, strike ‘‘systems’’ and substitute ‘‘system’’.
(30) In section 11162(a), strike ‘‘proceedings under this title’’ and
substitute ‘‘proceedings under this subtitle’’.
(31) In section 11163, strike ‘‘purposes of this title’’ and substitute
‘‘purposes of this subtitle’’.
(32) In section 11166(a), strike ‘‘pursuant to this title’’ and sub-
stitute ‘‘under this subtitle’’.
759
(33) In section 11167, strike ‘‘under this title’’ and substitute
‘‘under this subtitle’’.
(34) In section 11501(b)(3)(A), strike ‘‘title’’ and substitute ‘‘sub-
title’’.
(35) In section 11909(b), strike ‘‘1966,,’’ and substitute ‘‘1966,’’.
(k) Effective January 1, 1999, the following sections of title 49, United
States Code, as enacted by section 1 of this Act, are amended as follows:
(1) In sections 41107, 41901(b)(1), 41902(a), and 41903,
strike ‘‘transportation or between places in Alaska’’ wherever it
appears and substitute ‘‘transportation’’.
(2) Strike section 41901(g).
(3) In section 41902(b)—
(A) strike clause (3); and
(B) in clause (4), strike ‘‘clauses (1)–(3)’’ and substitute
‘‘clauses (1) and (2)’’.
(l) The Act of June 29, 1940 (ch. 444, 54 Stat. 686), is amended as
follows:
(1) Except as provided in paragraphs (2) and (3) of this subsection,
strike ‘‘Administrator’’ wherever it appears and substitute ‘‘Secretary’’.
(2) In subsection (a) of the first section, strike ‘‘ ‘Administrator’
means the Administrator of the Federal Aviation Agency’’ and sub-
stitute ‘‘ ‘Secretary’ means the Secretary of Transportation’’.
(3) In section 4(a), strike ‘‘Administrator, and any Federal Aviation
Agency’’ and substitute ‘‘Secretary, and any Department of Transpor-
tation’’.
(4) In section 6, strike ‘‘United States commissioner’’ wherever it
appears and substitute ‘‘United States magistrate judge’’.
(m) The Act of September 7, 1950 (ch. 905, 64 Stat. 770), is amended
as follows:
(1) Except as provided in paragraph (2) of this subsection, strike
‘‘Administrator’’ wherever it appears and substitute ‘‘Secretary’’.
(2) In the first section, strike ‘‘Administrator of the Federal Aviation
Agency’’ and ‘‘ ‘Administrator’ ’’ and substitute ‘‘Secretary of Trans-
portation’’ and ‘‘ ‘Secretary’ ’’, respectively.
(3) In sections 4 and 8(a), strike ‘‘Federal Aviation Agency’’ and
substitute ‘‘Department of Transportation’’.
(4) In section 8(d), strike ‘‘United States Commissioner’’ wherever
it appears and substitute ‘‘United States magistrate judge’’.
(n) Section 101(1st complete par. on p. 646) of the Act of August 30,
1964 (Public Law 88–507, 78 Stat. 646), is amended by striking ‘‘Adminis-
760
trator of the Federal Aviation Agency’’ and substituting ‘‘Secretary of
Transportation’’.
(o) Section 9111 of the Anti-Drug Abuse Act of 1988 (Public Law 100–
690, 102 Stat. 4531) is amended as follows:
(1) In the introductory language of subsection (b)(1), strike ‘‘Sub-
section (b) of section 10530 of such title is amended by striking out
paragraph (1) and inserting in lieu thereof the following new para-
graph:’’ and substitute ‘‘Subsection (b)(1) of section 10530 of title 49
is amended to read as follows:’’.
(2) In subsection (b)(2), strike ‘‘Such subsection’’ and substitute
‘‘Subsection (b) of section 10530’’.
(3) In the introductory language of subsection (f)(1), strike ‘‘Sub-
section (g) of such section is amended by striking out paragraph (1)
and inserting in lieu thereof the following:’’ and substitute ‘‘Subsection
(g)(1) of section 10530 of title 49 is amended to read as follows:’’.
(4) In subsection (f)(2), strike ‘‘Such subsection’’ and substitute
‘‘Subsection (g) of section 10530’’.
(p) Section 4007(e) of the Intermodal Surface Transportation Efficiency
Act of 1991 (Public Law 102–240, 105 Stat. 2153) is amended by inserting
‘‘and section 31307 of title 49, United States Code’’ immediately after ‘‘this
section’’.
(q) The revision of regulations, referred to in section 32705(b)(2)(A) of
title 49, United States Code, as enacted by section 1 of this Act, that is
required by section 7 of the Independent Safety Board Act Amendments of
1990 (Public Law 101–641, 104 Stat. 4657) shall be prescribed not later
than May 28, 1991.
(r) Section 165 of the Surface Transportation Assistance Act of 1982
(Public Law 97–424, 96 Stat. 2136) is amended as follows:
(1) In subsections (a) and (d), strike ‘‘the Urban Mass Transpor-
tation Act of 1964,’’.
(2) In subsection (b)—
(A) after the semicolon at the end of clause (2), add ‘‘or’’; and
(B) strike clause (3).
(s) Effective on the date the regulations required under section 60101(b)
of title 49, United States Code, as enacted by section 1 of this Act, are ef-
fective, section 60101(a)(21) and (22) of title 49, as enacted by section 1,
is amended to read as follows:
‘‘(21) ‘transporting gas’—
‘‘(A) means—
761
‘‘(i) the gathering, transmission, or distribution of gas by
pipeline, or the storage of gas, in interstate or foreign com-
merce; and
‘‘(ii) the movement of gas through regulated gathering
lines; but
‘‘(B) does not include gathering gas (except through regulated
gathering lines) in a rural area outside a populated area des-
ignated by the Secretary as a nonrural area.
‘‘(22) ‘transporting hazardous liquid’—
‘‘(A) means—
‘‘(i) the movement of hazardous liquid by pipeline, or the
storage of hazardous liquid incidental to the movement of
hazardous liquid by pipeline, in or affecting interstate or for-
eign commerce; and
‘‘(ii) the movement of hazardous liquid through regulated
gathering lines; but
‘‘(B) does not include moving hazardous liquid through—
‘‘(i) gathering lines (except regulated gathering lines) in a
rural area;
‘‘(ii) onshore production, refining, or manufacturing facili-
ties; or
‘‘(iii) storage or in-plant piping systems associated with on-
shore production, refining, or manufacturing facilities.’’.
(t)(1) Not later than March 3, 1995, the Secretary of Transportation
shall complete a regulatory proceeding to consider prescribing regulations to
improve the safety and working conditions of locomotive cabs. The proceed-
ing shall assess—
(A) the adequacy of Locomotive Crashworthiness Requirements
Standard S–580, or any successor standard, adopted by the Association
of American Railroads in 1989 in improving the safety of locomotive
cabs; and
(B) the extent to which environmental, sanitary, and other working
conditions in locomotive cabs affect productivity, health, and the safe
operation of locomotives.
(2) SUPPORTING RESEARCH AND ANALYSIS.—In support of the proceed-
ing required under paragraph (1) of this subsection, the Secretary shall con-
duct research and analysis, including computer modeling and full-scale crash
testing, as appropriate, to consider—
(A) the costs and benefits associated with equipping locomotives
with—
(i) braced collision posts;
762
(ii) rollover protection devices;
(iii) deflection plates;
(iv) shatterproof windows;
(v) readily accessible crash refuges;
(vi) uniform sill heights;
(vii) anticlimbers, or other equipment designed to prevent over-
rides resulting from head-on locomotive collisions;
(viii) equipment to deter post-collision entry of flammable liq-
uids into locomotive cabs;
(ix) any other devices intended to provide crash protection for
occupants of locomotive cabs; and
(x) functioning and regularly maintained sanitary facilities; and
(B) the effects on train crews of the presence of asbestos in loco-
motive components.
(3) REPORT.—If, on the basis of the proceeding required under para-
graph (1) of this subsection, the Secretary decides not to prescribe regula-
tions, the Secretary shall report to Congress on the reasons for that deci-
sion.
(u) Not later than April 25, 1993, the Attorney General shall prescribe
the regulations required under section 33110(c) of title 49, United States
Code, as enacted by section 1 of this Act. Section 33110(b) of title 49 is
effective not later than 3 months after those regulations are prescribed but
not before the date on which the National Stolen Passenger Motor Vehicle
Information System established under section 33109 of title 49 is oper-
ational.
(v) Section 33111 of title 49, United States Code, as enacted by section
1 of this Act, is effective on the date on which the National Stolen Pas-
senger Motor Vehicle Information System is established under section
33109 of title 49.
CONFORMING CROSS-REFERENCES
Sec. 5. (a) Sections 551(1)(H) and 701(b)(1)(H) of title 5, United States
Code, are amended by striking ‘‘or sections 1622,’’ and substituting ‘‘sub-
chapter II of chapter 471 of title 49; or sections’’.
(b) Title 10, United States Code, is amended as follows:
(1) In section 2640—
(A) in subsections (a)(1)(A) and (d)(1)(B)(i), strike ‘‘title VI of
the Federal Aviation Act of 1958 (49 U.S.C. App. 1421 et seq.)’’
and substitute ‘‘chapter 447 of title 49’’; and
(B) in subsection (i), strike ‘‘sections 101(3), 101(5), 101(10),
and 101(15), respectively, of the Federal Aviation Act of 1958 (49
763
U.S.C. App. 1301(3), 1301(5), 1301(10), and 1301(15))’’ and
substitute ‘‘section 40102(a) of title 49’’.
(2) In section 9511(1), strike ‘‘section 101 of the Federal Aviation
Act of 1958 (49 U.S.C. 1301)’’ and substitute ‘‘section 40102(a) of
title 49’’.
(3) In section 9512(b)(4), strike ‘‘section 501 of the Federal Avia-
tion Act of 1958 (49 U.S.C. App. 1401)’’ and substitute ‘‘section
44103 of title 49’’.
(c) Section 1110(a) of title 11, United States Code, is amended by strik-
ing ‘‘section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)’’,
‘‘subsection B(4) of the Ship Mortgage Act, 1920 (46 U.S.C. 911(4))’’, and
‘‘Civil Aeronautics Board’’ and substituting ‘‘section 40102(a) of title 49’’,
‘‘section 30101 of title 46’’, and ‘‘Secretary of Transportation’’, respectively.
(d) The last sentence of section 82 of title 14, United States Code, is
amended to read as follows: ‘‘Nothing in this title shall be deemed to limit
the authority granted by chapter 167 of title 10 or part A of subtitle VII
of title 49.’’.
(e) Title 18, United States Code, is amended as follows:
(1) In section 31, strike ‘‘the Federal Aviation Act of 1958, as
amended’’ and substitute ‘‘sections 40102(a) and 46501 of title 49’’.
(2) In the last sentence of sections 112(e), 878(d), 1116(c), and
1201(e), strike ‘‘section’’ and all that follows and substitute ‘‘section
46501(2) of title 49.’’.
(3) In section 511(c)—
(A) in clause (1), strike ‘‘the National Traffic and Motor Vehi-
cle Safety Act of 1966, or the Motor Vehicle Information and Cost
Savings Act’’ and substitute ‘‘chapter 301 and part C of subtitle
VI of title 49’’; and
(B) in clause (2), strike ‘‘section 2 of the Motor Vehicle Infor-
mation and Cost Savings Act’’ and substitute ‘‘section 32101 of
title 49’’.
(4) In section 512(a)(2)(A), strike ‘‘the National Traffic and Motor
Vehicle Safety Act of 1966’’ and substitute ‘‘chapter 301 of title 49’’.
(5) In section 553(c)—
(A) in clause (1), strike ‘‘section 2 of the Motor Vehicle Infor-
mation and Cost Savings Act’’ and substitute ‘‘section 32101 of
title 49’’; and
(B) in clause (4), strike ‘‘section 101 of the Federal Aviation
Act of 1958 (49 U.S.C. App. 1301)’’ and substitute ‘‘section
40102(a) of title 49’’.