729
(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 re-
scind at any time acceptance of a certification from a sponsor under this
subsection. This subsection does not affect any responsibility of the Sec-
retary under another law, including—
(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 Secretary of
Transportation to make grants under this chapter. Amounts appropriated
under this section remain available until expended.
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 common car-
riers.
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.
730
(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 Co-
lumbia, 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 com-
mon 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 possession;
(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 con-
signee; and
(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 paragraph does not
apply to an informal memorandum or acknowledgment.
731
§ 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, undertakes to de-
liver 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, du-
ress, loss, theft, or conversion.
(c) NEGOTIATION BY SELLER, MORTGAGOR, OR PLEDGOR TO PERSON
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, mortgag-
ing, 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—
(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
732
(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 nego-
tiated 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 re-
ceives 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 car-
rier.
§ 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 agreement to transfer
title to the bill or to the goods represented by it. Subject to the agreement,
the person to whom the bill is transferred has title to the goods against the
transferor.
(b) COMPELLING INDORSEMENT.—When a negotiable bill of lading 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 nego-
tiation is effective when the indorsement is made.
(c) EFFECT OF NOTIFICATION.—(1) When a transferee notifies the com-
mon carrier that a nonnegotiable bill of lading has been transferred under
subsection (a) of this section, the carrier is obligated directly to the trans-
feree for any obligations the carrier owed to the transferor immediately be-
fore 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—
733
(A) an officer or agent of the carrier, whose actual or apparent au-
thority includes acting on the notification, has been notified; and
(B) the officer or agent has had time, exercising reasonable dili-
gence, to communicate with the agent having possession or control of
the goods.
§ 80107. Warranties and liability
(a) GENERAL RULE.—Unless a contrary intention appears, a person ne-
gotiating 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 purpose 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 com-
mon 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 (including de-
murrage and terminal charges), and expenses necessary to preserve the
goods or incidental to transporting the goods after the date of the bill;
and
734
(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 in-
dorse and give the bill to the carrier; and
(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 person; 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 posses-
sion 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 ship-
ment; or
(2) the carrier’s lien.
(d) ADVERSE CLAIMS.—If a person other than the consignee or the per-
son 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 re-
quire all claimants to interplead.
(e) INTERPLEADER.—If at least 2 persons claim title to or possession 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.
735
(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 car-
rier for failure to deliver the goods on demand unless enforced by legal proc-
ess.
§ 80111. Liability for delivery of goods
(a) GENERAL RULES.—A common carrier is liable for damages to a per-
son 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 infor-
mation is effective under subsection (a)(2) or (3) of this section only if—
(1) an officer or agent of the carrier, whose actual or apparent au-
thority includes acting on the request or information, 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 sub-
section (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 enti-
tled 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 not-
ing 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 fail-
ure 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 com-
pelled by legal process;
(2) the goods have been sold lawfully to satisfy the carrier’s lien;
736
(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 contiguous 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 hold-
er 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 contig-
uous 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 sub-
section 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 oc-
curred after the carrier delivered the goods to the holder of the original bill.
§ 80113. Liability for nonreceipt, misdescription, and im-
proper loading
(a) LIABILITY FOR NONRECEIPT AND MISDESCRIPTION.—Except as pro-
vided 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
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 lad-
ing 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 pack-
ages 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.
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:
788
Schedule of Laws Repealed—Continued
Statutes at Large
Date
Chapter or
Public Law
Section
Statutes at Large
U.S. Code
Vol-
ume
Page
Title
Section
Oct. 27
102–533 .....
2–10, 14 ................................................
106
3515, 3522 ...
431, 502, 544,
546, 563, 601,
602, 650,
650b, 650c,
856
Oct. 28
102–548 .....
2(a), (c)–(e) ..........................................
106
3646, 3648 ...
501, 508,
508(note)
Oct. 31
102–581 .....
101–103(d), 105–107(c), 108–112(b),
113–120, 124, 125, 136, 201–
203(a), 205, 208, 302, 401, 402.
106
4875, 4877,
4879,
4881,
4885,
4889,
4894,
4895, 4897.
App.
1302, 1344,
1348,
1348(note),
1354(note),
1357,
1421(note),
1471, 1501,
1513, 1532,
1534, 1542,
2153, 2158,
2201–2208,
2210,
2210(note),
2211, 2212,
2226b, 2226c,
2227
Nov. 4
102–588 .....
211, 503, 505 .......................................
106
5115, 5124 ...
5804
....................
...............................................................
.......
......................
App.
2615, 2623
Revised Statutes
Revised Statutes Section
United States Code
Title
Section
5256 ..........................................................................................
5257 ..........................................................................................
5258 ..........................................................................................
5259 ..........................................................................................
5260 ..........................................................................................
5261 ..........................................................................................
5262 ..........................................................................................
Reorganization Plans
Year
Plan
No.
Section
Statutes at Large
Vol-
ume
Page
1950 ............
...............................................................................................................
1266
1961 ............
...............................................................................................................
837
1965 ............
...............................................................................................................
1320
1968 ............
1(a)(1), (2) ...........................................................................................
1369
Passed the House of Representatives July 27, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
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