700
(d) PROPOSED COMMITTEE STANDARDS
AND POLICY DEVELOPMENT
RECOMMENDATIONS.—(1) The Technical Pipeline Safety Standards Com-
mittee may propose to the Secretary a safety standard for transporting gas
and for gas pipeline facilities. The Technical Hazardous Liquid Pipeline
Safety Standards Committee may propose to the Secretary a safety stand-
ard for transporting hazardous liquid and for hazardous liquid pipeline fa-
cilities.
(2) If requested by the Secretary, a committee shall make policy develop-
ment recommendations to the Secretary.
(e) MEETINGS.—Each committee shall meet with the Secretary at least
twice annually. Each committee proceeding shall be recorded. The record of
the proceeding shall be available to the public.
(f) PAY AND EXPENSES.—The Secretary may establish the pay for each
member of a committee for each day (including travel time) when perform-
ing duties of the committee. However, a member may not be paid more than
the daily equivalent of the maximum annual rate of basic pay payable under
section 5376 of title 5. A member is entitled to reimbursement for expenses
under section 5703 of title 5. This subsection does not apply to members
regularly employed by the Government. A payment under this subsection
does not make a member an officer or employee of the Government.
§ 60116. Public education programs
Under regulations the Secretary of Transportation prescribes, each per-
son transporting gas shall carry out a program to educate the public on the
possible hazards associated with gas leaks and the importance of reporting
gas odors and leaks to the appropriate authority. The Secretary may de-
velop material suitable for use in the program.
§ 60117. Administrative
(a) GENERAL AUTHORITY.—To carry out this chapter, the Secretary of
Transportation may conduct investigations, make reports, issue subpenas,
conduct hearings, require the production of records, take depositions, and
conduct research, testing, development, demonstration, and training activi-
ties. The Secretary may not charge a tuition-type fee for training State or
local government personnel in the enforcement of regulations prescribed
under this chapter.
(b) RECORDS, REPORTS, AND INFORMATION.—To enable the Secretary to
decide whether a person transporting gas or hazardous liquid or operating
a pipeline facility is complying with this chapter and standards prescribed
or orders issued under this chapter, the person shall—
(1) maintain records, make reports, and provide information the Sec-
retary requires; and
701
(2) make the records, reports, and information available when the
Secretary requests.
(c) ENTRY AND INSPECTION.—An officer, employee, or agent of the De-
partment of Transportation designated by the Secretary, on display of prop-
er credentials to the individual in charge, may enter premises to inspect the
records and property of a person at a reasonable time and in a reasonable
way to decide whether a person is complying with this chapter and stand-
ards prescribed or orders issued under this chapter.
(d) CONFIDENTIALITY OF INFORMATION.—Information related to a con-
fidential matter referred to in section 1905 of title 18 that is obtained by
the Secretary or an officer, employee, or agent in carrying out this section
may be disclosed only to another officer or employee concerned with carry-
ing out this chapter or in a proceeding under this chapter.
(e) USE OF ACCIDENT REPORTS.—(1) Each accident report made by an
officer, employee, or agent of the Department may be used in a judicial pro-
ceeding resulting from the accident. The officer, employee, or agent may be
required to testify in the proceeding about the facts developed in investigat-
ing the accident. The report shall be made available to the public in a way
that does not identify an individual.
(2) Each report related to research and demonstration projects and relat-
ed activities is public information.
(f) TESTING FACILITIES INVOLVED IN ACCIDENTS.—The Secretary may
require testing of a part of a pipeline facility subject to this chapter that
has been involved in or affected by an accident only after—
(1) notifying the appropriate State official in the State in which the
facility is located; and
(2) attempting to negotiate a mutually acceptable plan for testing
with the owner of the facility and, when the Secretary considers appro-
priate, the National Transportation Safety Board.
(g) PROVIDING SAFETY INFORMATION.—On request, the Secretary shall
provide the Federal Energy Regulatory Commission or appropriate State
authority with information the Secretary has on the safety of material, oper-
ations, devices, or processes related to pipeline transportation or operating
a pipeline facility.
(h) COOPERATION.—The Secretary may—
(1) advise, assist, and cooperate with other departments, agencies,
and instrumentalities of the United States Government, the States, and
public and private agencies and persons in planning and developing
safety standards and ways to inspect and test to decide whether those
standards have been complied with;
702
(2) consult with and make recommendations to other departments,
agencies, and instrumentalities of the Government, State and local gov-
ernments, and public and private agencies and persons to develop and
encourage activities, including the enactment of legislation, that will as-
sist in carrying out this chapter and improve State and local pipeline
safety programs; and
(3) participate in a proceeding involving safety requirements related
to a liquefied natural gas facility before the Commission or a State au-
thority.
(i) PROMOTING COORDINATION.—After consulting with appropriate State
officials, the Secretary shall establish procedures to promote more effective
coordination between departments, agencies, and instrumentalities of the
Government and State authorities with regulatory authority over pipeline fa-
cilities about responses to a pipeline accident.
(j) WITHHOLDING INFORMATION FROM CONGRESS.—This section does
not authorize information to be withheld from a committee of Congress au-
thorized to have the information.
§ 60118. Compliance and waivers
(a) GENERAL REQUIREMENTS.—A person transporting gas or hazardous
liquid or owning or operating a pipeline facility shall—
(1) comply with applicable safety standards prescribed under this
chapter, except as provided in this section;
(2) prepare and carry out a plan for inspection and maintenance re-
quired under section 60108 (a) and (b) of this title; and
(3) allow access to or copying of records, make reports and provide
information, and allow entry or inspection required under section
60117(a)–(d) of this title.
(b) COMPLIANCE ORDERS.—The Secretary of Transportation may issue
orders directing compliance with this chapter or a regulation prescribed
under this chapter. An order shall state clearly the action a person must
take to comply.
(c) WAIVERS BY SECRETARY.—On application of a person transporting
gas or hazardous liquid or operating a pipeline facility, the Secretary by
order may waive compliance with any part of an applicable standard pre-
scribed under this chapter on terms the Secretary considers appropriate, if
the waiver is not inconsistent with pipeline safety. The Secretary shall state
the reasons for granting a waiver under this subsection. The Secretary may
act on a waiver only after notice and an opportunity for a hearing.
(d) WAIVERS BY STATE AUTHORITIES.—If a certification under section
60105 of this title or an agreement under section 60106 of this title is in
effect, the State authority may waive compliance with a safety standard to
703
which the certification or agreement applies in the same way and to the
same extent the Secretary may waive compliance under subsection (c) of
this section. However, the authority must give the Secretary written notice
of the waiver at least 60 days before its effective date. If the Secretary
makes a written objection before the effective date of the waiver, the waiver
is stayed. After notifying the authority of the objection, the Secretary shall
provide a prompt opportunity for a hearing. The Secretary shall make the
final decision on granting the waiver.
§ 60119. Judicial review
(a) REVIEW OF REGULATIONS AND WAIVER ORDERS.—(1) Except as
provided in subsection (b) of this section, a person adversely affected by a
regulation prescribed under this chapter or an order issued about an appli-
cation for a waiver under section 60118 (c) or (d) of this title may apply
for review of the regulation or order by filing a petition for review in the
United States Court of Appeals for the District of Columbia Circuit or in
the court of appeals of the United States for the circuit in which the person
resides or has its principal place of business. The petition must be filed not
later than 89 days after the regulation is prescribed or order is issued. The
clerk of the court immediately shall send a copy of the petition to the Sec-
retary of Transportation.
(2) A judgment of a court under paragraph (1) of this subsection may
be reviewed only by the Supreme Court under section 1254 of title 28. A
remedy under paragraph (1) is in addition to any other remedies provided
by law.
(b) REVIEW OF FINANCIAL RESPONSIBILITY ORDERS.—(1) A person ad-
versely affected by an order issued under section 60111 of this title may
apply for review of the order by filing a petition for review in the appro-
priate court of appeals of the United States. The petition must be filed not
later than 60 days after the order is issued. Findings of fact the Secretary
makes are conclusive if supported by substantial evidence.
(2) A judgment of a court under paragraph (1) of this subsection may
be reviewed only by the Supreme Court under section 1254(1) of title 28.
§ 60120. Enforcement
(a) CIVIL ACTIONS.—(1) On the request of the Secretary of Transpor-
tation, the Attorney General may bring a civil action in an appropriate dis-
trict court of the United States to enforce this chapter or a regulation pre-
scribed or order issued under this chapter. The court may award appro-
priate relief, including punitive damages.
(2) At the request of the Secretary, the Attorney General may bring a
civil action in a district court of the United States to require a person to
comply immediately with a subpena or to allow an officer, employee, or
704
agent authorized by the Secretary to enter the premises, and inspect the
records and property, of the person to decide whether the person is comply-
ing with this chapter. The action may be brought in the judicial district in
which the defendant resides, is found, or does business. The court may pun-
ish a failure to obey the order as a contempt of court.
(b) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating
an injunction issued under this section, the violation of which is also a viola-
tion of this chapter, the defendant may demand a jury trial. The defendant
shall be tried as provided in rule 42(b) of the Federal Rules of Criminal
Procedure (18 App. U.S.C.).
(c) EFFECT ON TORT LIABILITY.—This chapter does not affect the tort
liability of any person.
§ 60121. Actions by private persons
(a) GENERAL AUTHORITY.—(1) A person may bring a civil action in an
appropriate district court of the United States for an injunction against an-
other person (including the United States Government and other govern-
mental authorities to the extent permitted under the 11th amendment to
the Constitution) for a violation of this chapter or a regulation prescribed
or order issued under this chapter. However, the person—
(A) may bring the action only after 60 days after the person has
given notice of the violation to the Secretary of Transportation or to
the appropriate State authority (when the violation is alleged to have
occurred in a State certified under section 60105 of this title) and to
the person alleged to have committed the violation;
(B) may not bring the action if the Secretary or authority has begun
and diligently is pursuing an administrative proceeding for the viola-
tion; and
(C) may not bring the action if the Attorney General of the United
States, or the chief law enforcement officer of a State, has begun and
diligently is pursuing a judicial proceeding for the violation.
(2) The Secretary shall prescribe the way in which notice is given under
this subsection.
(3) The Secretary, with the approval of the Attorney General, or the At-
torney General may intervene in an action under paragraph (1) of this sub-
section.
(b) COSTS AND FEES.—The court may award costs, reasonable expert
witness fees, and a reasonable attorney’s fee to a prevailing plaintiff in a
civil action under this section. The court may award costs to a prevailing
defendant when the action is unreasonable, frivolous, or meritless. In this
subsection, a reasonable attorney’s fee is a fee—
705
(1) based on the actual time spent and the reasonable expenses of
the attorney for legal services provided to a person under this section;
and
(2) computed at the rate prevailing for providing similar services for
actions brought in the court awarding the fee.
(c) STATE VIOLATIONS AS VIOLATIONS OF THIS CHAPTER.—In this sec-
tion, a violation of a safety standard or practice of a State is deemed to
be a violation of this chapter or a regulation prescribed or order issued
under this chapter only to the extent the standard or practice is not more
stringent than a comparable minimum safety standard prescribed under this
chapter.
(d) ADDITIONAL REMEDIES.—A remedy under this section is in addition
to any other remedies provided by law. This section does not restrict a right
to relief that a person or a class of persons may have under another law
or at common law.
§ 60122. Civil penalties
(a) GENERAL PENALTIES.—(1) A person that the Secretary of Transpor-
tation decides, after written notice and an opportunity for a hearing, has
violated section 60114(c) or 60118(a) of this title or a regulation prescribed
or order issued under this chapter is liable to the United States Government
for a civil penalty of not more than $25,000 for each violation. A separate
violation occurs for each day the violation continues. The maximum civil
penalty under this paragraph for a related series of violations is $500,000.
(2) A person violating a standard or order under section 60103 or 60111
of this title is liable to the Government for a civil penalty of not more than
$50,000 for each violation. A penalty under this paragraph may be imposed
in addition to penalties imposed under paragraph (1) of this subsection.
(b) PENALTY CONSIDERATIONS.—In determining the amount of a civil
penalty under this section, the Secretary shall consider—
(1) the nature, circumstances, and gravity of the violation;
(2) with respect to the violator, the degree of culpability, any history
of prior violations, the ability to pay, and any effect on ability to con-
tinue doing business;
(3) good faith in attempting to comply; and
(4) other matters that justice requires.
(c) COLLECTION AND COMPROMISE.—(1) The Secretary may request the
Attorney General to bring a civil action in an appropriate district court of
the United States to collect a civil penalty imposed under this section.
(2) The Secretary may compromise the amount of a civil penalty imposed
under this section before referral to the Attorney General.
706
(d) SETOFF.—The Government may deduct the amount of a civil penalty
imposed or compromised under this section from amounts it owes the person
liable for the penalty.
(e) DEPOSIT IN TREASURY.—Amounts collected under this section shall
be deposited in the Treasury as miscellaneous receipts.
(f) PROHIBITION ON MULTIPLE PENALTIES FOR SAME ACT.—Separate
penalties for violating a regulation prescribed under this chapter and for
violating an order under section 60112 or 60118(b) of this title may not
be imposed under this chapter if both violations are based on the same act.
§ 60123. Criminal penalties
(a) GENERAL PENALTY.—A person knowingly and willfully violating sec-
tion 60114(c) or 60118(a) of this title or a regulation prescribed or order
issued under this chapter shall be fined under title 18, imprisoned for not
more than 5 years, or both.
(b) PENALTY
FOR DAMAGING
OR DESTROYING FACILITY.—A person
knowingly and willfully damaging or destroying, or attempting to damage
or destroy, an interstate transmission facility or interstate hazardous liquid
pipeline facility shall be fined under title 18, imprisoned for not more than
15 years, or both.
(c) PENALTY FOR DAMAGING OR DESTROYING SIGN.—A person know-
ingly and willfully defacing, damaging, removing, or destroying a pipeline
sign or right-of-way marker required by a law or regulation of the United
States shall be fined under title 18, imprisoned for not more than one year,
or both.
(d) PENALTY FOR NOT USING ONE-CALL NOTIFICATION SYSTEM OR
NOT HEEDING LOCATION INFORMATION OR MARKINGS.—A person shall be
fined under title 18, imprisoned for not more than 5 years, or both, if the
person knowingly and willfully—
(1) engages in an excavation activity—
(A) without first using an available one-call notification system
to establish the location of underground facilities in the excavation
area; or
(B) without paying attention to appropriate location information
or markings the operator of a pipeline facility establishes; and
(2) subsequently damages—
(A) a pipeline facility that results in death, serious bodily harm,
or actual damage to property of more than $50,000; or
(B) a hazardous liquid pipeline facility that results in the re-
lease of more than 50 barrels of product.
707
§ 60124. Annual reports
(a) SUBMISSION AND CONTENTS.—The Secretary of Transportation shall
submit to Congress not later than August 15 of each year a report on carry-
ing out this chapter for the prior calendar year for gas and a report on car-
rying out this chapter for the prior calendar year for hazardous liquid. Each
report shall include the following information about the prior year for gas
or hazardous liquid, as appropriate:
(1) a thorough compilation of the leak repairs, accidents, and casual-
ties and a statement of cause when investigated and established by the
National Transportation Safety Board.
(2) a list of applicable pipeline safety standards prescribed under this
chapter including identification of standards prescribed during the
year.
(3) a summary of the reasons for each waiver granted under section
60118 (c) and (d) of this title.
(4) an evaluation of the degree of compliance with applicable safety
standards, including a list of enforcement actions and compromises of
alleged violations by location and company name.
(5) a summary of outstanding problems in carrying out this chapter,
in order of priority.
(6) an analysis and evaluation of—
(A) research activities, including their policy implications, com-
pleted as a result of the United States Government and private
sponsorship; and
(B) technological progress in safety achieved.
(7) a list, with a brief statement of the issues, of completed or pend-
ing judicial actions under this chapter.
(8) the extent to which technical information was distributed to the
scientific community and consumer-oriented information was made
available to the public.
(9) a compilation of certifications filed under section 60105 of this
title that were—
(A) in effect; or
(B) rejected in any part by the Secretary and a summary of the
reasons for each rejection.
(10) a compilation of agreements made under section 60106 of this
title that were—
(A) in effect; or
(B) ended in any part by the Secretary and a summary of the
reasons for ending each agreement.
708
(11) a description of the number and qualifications of State pipeline
safety inspectors in each State for which a certification under section
60105 of this title or an agreement under section 60106 of this title
is in effect and the number and qualifications of inspectors the Sec-
retary recommends for that State.
(12) recommendations for legislation the Secretary considers nec-
essary—
(A) to promote cooperation among the States in improving—
(i) gas pipeline safety; or
(ii) hazardous liquid pipeline safety programs; and
(B) to strengthen the national gas pipeline safety program.
(b) SUBMISSION OF ONE REPORT.—The Secretary may submit one report
to carry out subsection (a) of this section.
§ 60125. Authorization of appropriations
(a) GAS.—Not more than the following amounts may be appropriated to
the Secretary of Transportation to carry out this chapter (except sections
60107 and 60114(b)) related to gas:
(1) $6,857,000 for the fiscal year ending September 30, 1993.
(2) $7,000,000 for the fiscal year ending September 30, 1994.
(3) $7,500,000 for the fiscal year ending September 30, 1995.
(b) HAZARDOUS LIQUID.—Not more than the following amounts may be
appropriated to the Secretary to carry out this chapter (except sections
60107 and 60114(b)) related to hazardous liquid:
(1) $1,728,500 for the fiscal year ending September 30, 1993.
(2) $1,866,800 for the fiscal year ending September 30, 1994.
(3) $2,000,000 for the fiscal year ending September 30, 1995.
(c) STATE GRANTS.—(1) Not more than the following amounts may be
appropriated to the Secretary to carry out section 60107 of this title:
(A) $7,750,000 for the fiscal year ending September 30, 1993.
(B) $9,000,000 for the fiscal year ending September 30, 1994.
(C) $10,000,000 for the fiscal year ending September 30, 1995.
(2) At least 5 percent of amounts appropriated to carry out United States
Government grants-in-aid programs for a fiscal year are available only to
carry out section 60107 of this title related to hazardous liquid.
(3) Not more than 20 percent of a pipeline safety program grant under
section 60107 of this title may be allocated to indirect expenses.
(d) GRANTS FOR ONE-CALL NOTIFICATION SYSTEMS.—Not more than
$lllll may be appropriated to the Secretary for the fiscal year end-
ing September 30, 19l, to carry out section 60114(b) of this title.
Amounts under this subsection remain available until expended.
709
(e) CREDITING APPROPRIATIONS FOR EXPENDITURES FOR TRAINING.—
The Secretary may credit to an appropriation authorized under subsection
(a) or (b) of this section amounts received from sources other than the Gov-
ernment for reimbursement for expenses incurred by the Secretary in pro-
viding training.
(f) AVAILABILITY OF UNUSED AMOUNTS FOR GRANTS.—(1) The Sec-
retary shall make available for grants to States amounts appropriated for
each of the fiscal years that ended September 30, 1986, and 1987, that
have not been expended in making grants under section 60107 of this title.
(2) A grant under this subsection is available to a State that after De-
cember 31, 1987—
(A) undertakes a new responsibility under section 60105 of this title;
or
(B) implements a one-call damage prevention program established
under State law.
(3) This subsection does not authorize a State to receive more than 50
percent of its allowable pipeline safety costs from a grant under this chap-
ter.
(4) A State may receive not more than $75,000 under this subsection.
(5) Amounts under this subsection remain available until expended.
CHAPTER 603—USER FEES
Sec.
60301.
User fees.
§ 60301. User fees
(a) SCHEDULE OF FEES.—The Secretary of Transportation shall pre-
scribe a schedule of fees for all natural gas and hazardous liquids trans-
ported by pipelines subject to chapter 601 of this title. The fees shall be
based on usage (in reasonable relationship to volume-miles, miles, revenues,
or a combination of volume-miles, miles, and revenues) of the pipelines. The
Secretary shall consider the allocation of resources of the Department of
Transportation when establishing the schedule.
(b) IMPOSITION AND TIME OF COLLECTION.—A fee shall be imposed on
each person operating a gas pipeline transmission facility, a liquefied natu-
ral gas pipeline facility, or a hazardous liquid pipeline facility to which chap-
ter 601 of this title applies. The fee shall be collected before the end of the
fiscal year to which it applies.
(c) MEANS OF COLLECTION.—The Secretary shall prescribe procedures to
collect fees under this section. The Secretary may use a department, agency,
or instrumentality of the United States Government or of a State or local
government to collect the fee and may reimburse the department, agency,
or instrumentality a reasonable amount for its services.
710
(d) USE OF FEES.—A fee collected under this section—
(1)(A) related to a gas pipeline facility may be used only for an ac-
tivity related to gas under chapter 601 of this title; and
(B) related to a hazardous liquid pipeline facility may be used only
for an activity related to hazardous liquid under chapter 601 of this
title; and
(2) may be used only to the extent provided in advance in an appro-
priation law.
(e) LIMITATIONS.—Fees prescribed under subsection (a) of this section
shall be sufficient to pay for the costs of activities described in subsection
(d) of this section. However, the total amount collected for a fiscal year may
not be more than 105 percent of the total amount of the appropriations
made for the fiscal year for activities to be financed by the fees.
CHAPTER 605—INTERSTATE COMMERCE REGULATION
Sec.
60501.
Secretary of Energy.
60502.
Federal Energy Regulatory Commission.
60503.
Effect of enactment.
§ 60501. Secretary of Energy
Except as provided in section 60502 of this title, the Secretary of Energy
has the duties and powers related to the transportation of oil by pipeline
that were vested on October 1, 1977, in the Interstate Commerce Commis-
sion or the chairman or a member of the Commission.
§ 60502. Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission has the duties and powers
related to the establishment of a rate or charge for the transportation of
oil by pipeline or the valuation of that pipeline that were vested on October
1, 1977, in the Interstate Commerce Commission or an officer or component
of the Interstate Commerce Commission.
§ 60503. Effect of enactment
The enactment of the Act of October 17, 1978 (Public Law 95–473, 92
Stat. 1337), the Act of January 12, 1983 (Public Law 97–449, 96 Stat.
2413), and the Act enacting this section does not repeal, and has no sub-
stantive effect on, any right, obligation, liability, or remedy of an oil pipe-
line, including a right, obligation, liability, or remedy arising under the
Interstate Commerce Act or the Act of August 29, 1916 (known as the
Pomerene Bills of Lading Act), before any department, agency, or instru-
mentality of the United States Government, an officer or employee of the
Government, or a court of competent jurisdiction.
SUBTITLE IX—COMMERCIAL SPACE
TRANSPORTATION
CHAPTER
Sec.
711
701.
COMMERCIAL SPACE LAUNCH ACTIVITIES .........................................
70101
703.
SPACE 
TRANSPORTATION 
INFRASTRUCTURE 
MATCHING
GRANTS.
70301
CHAPTER 701—COMMERCIAL SPACE LAUNCH
ACTIVITIES
Sec.
70101.
Findings and purposes.
70102.
Definitions.
70103.
General authority.
70104.
Restrictions on launches and operations.
70105.
License applications and requirements.
70106.
Monitoring activities.
70107.
Effective periods, and modifications, suspensions, and revocations, of licenses.
70108.
Prohibition, suspension, and end of launches and operation of launch sites.
70109.
Preemption of scheduled launches.
70110.
Administrative hearings and judicial review.
70111.
Acquiring United States Government property and services.
70112.
Liability insurance and financial responsibility requirements.
70113.
Paying claims exceeding liability insurance and financial responsibility requirements.
70114.
Disclosing information.
70115.
Enforcement and penalty.
70116.
Consultation.
70117.
Relationship to other executive agencies, laws, and international obligations.
70118.
User fees.
70119.
Authorization of appropriations.
§ 70101. Findings and purposes
(a) FINDINGS.—Congress finds that—
(1) the peaceful uses of outer space continue to be of great value
and to offer benefits to all mankind;
(2) private applications of space technology have achieved a signifi-
cant level of commercial and economic activity and offer the potential
for growth in the future, particularly in the United States;
(3) new and innovative equipment and services are being sought,
produced, and offered by entrepreneurs in telecommunications, infor-
mation services, and remote sensing technologies;
(4) the private sector in the United States has the capability of de-
veloping and providing private satellite launching and associated serv-
ices that would complement the launching and associated services now
available from the United States Government;
(5) the development of commercial launch vehicles and associated
services would enable the United States to retain its competitive posi-
tion internationally, contributing to the national interest and economic
well-being of the United States;
(6) providing launch services by the private sector is consistent with
the national security and foreign policy interests of the United States
and would be facilitated by stable, minimal, and appropriate regulatory
guidelines that are fairly and expeditiously applied;
(7) the United States should encourage private sector launches and
associated services and, only to the extent necessary, regulate those
712
launches and services to ensure compliance with international obliga-
tions of the United States and to protect the public health and safety,
safety of property, and national security and foreign policy interests of
the United States;
(8) space transportation, including the establishment and operation
of launch sites and complementary facilities, the providing of launch
services, the establishment of support facilities, and the providing of
support services, is an important element of the transportation system
of the United States, and in connection with the commerce of the Unit-
ed States there is a need to develop a strong space transportation in-
frastructure with significant private sector involvement; and
(9) the participation of State governments in encouraging and facili-
tating private sector involvement in space-related activity, particularly
through the establishment of a space transportation-related infrastruc-
ture, including launch sites, complementary facilities, and launch site
support facilities, is in the national interest and is of significant public
benefit.
(b) PURPOSES.—The purposes of this chapter are—
(1) to promote economic growth and entrepreneurial activity through
use of the space environment for peaceful purposes;
(2) to encourage the United States private sector to provide launch
vehicles and associated services by—
(A) simplifying and expediting the issuance and transfer of com-
mercial launch licenses; and
(B) facilitating and encouraging the use of Government-devel-
oped space technology;
(3) to provide that the Secretary of Transportation is to oversee and
coordinate the conduct of commercial launch operations, issue and
transfer commercial launch licenses authorizing those operations, and
protect the public health and safety, safety of property, and national
security and foreign policy interests of the United States; and
(4) to facilitate the strengthening and expansion of the United
States space transportation infrastructure, including the enhancement
of United States launch sites and launch-site support facilities, with
Government, State, and private sector involvement, to support the full
range of United States space-related activities.
§ 70102. Definitions
In this chapter—
(1) ‘‘citizen of the United States’’ means—
(A) an individual who is a citizen of the United States;
713
(B) an entity organized or existing under the laws of the United
States or a State; or
(C) an entity organized or existing under the laws of a foreign
country if the controlling interest (as defined by the Secretary of
Transportation) is held by an individual or entity described in
subclause (A) or (B) of this clause.
(2) ‘‘executive agency’’ has the same meaning given that term in sec-
tion 105 of title 5.
(3) ‘‘launch’’ means to place or try to place a launch vehicle and any
payload—
(A) in a suborbital trajectory;
(B) in Earth orbit in outer space; or
(C) otherwise in outer space.
(4) ‘‘launch property’’ means an item built for, or used in, the
launch preparation or launch of a launch vehicle.
(5) ‘‘launch services’’ means—
(A) activities involved in the preparation of a launch vehicle and
payload for launch; and
(B) the conduct of a launch.
(6) ‘‘launch site’’ means the location on Earth from which a launch
takes place (as defined in a license the Secretary issues or transfers
under this chapter) and necessary facilities.
(7) ‘‘launch vehicle’’ means—
(A) a vehicle built to operate in, or place a payload in, outer
space; and
(B) a suborbital rocket.
(8) ‘‘payload’’ means an object that a person undertakes to place in
outer space by means of a launch vehicle, including components of the
vehicle specifically designed or adapted for that object.
(9) ‘‘person’’ means an individual and an entity organized or existing
under the laws of a State or country.
(10) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, and a territory or possession of the United States.
(11) ‘‘third party’’ means a person except—
(A) the United States Government or the Government’s contrac-
tors or subcontractors involved in launch services;
(B) a licensee or transferee under this chapter;
(C) a licensee’s or transferee’s contractors, subcontractors, or
customers involved in launch services; or
(D) the customer’s contractors or subcontractors involved in
launch services.
714
(12) ‘‘United States’’ means the States of the United States, the
District of Columbia, and the territories and possessions of the United
States.
§ 70103. General authority
(a) GENERAL.—The Secretary of Transportation shall carry out this
chapter.
(b) FACILITATING COMMERCIAL LAUNCHES.—In carrying out this chap-
ter, the Secretary shall—
(1) encourage, facilitate, and promote commercial space launches by
the private sector; and
(2) take actions to facilitate private sector involvement in commercial
space transportation activity, and to promote public-private partner-
ships involving the United States Government, State governments, and
the private sector to build, expand, modernize, or operate a space
launch infrastructure.
(c) EXECUTIVE AGENCY ASSISTANCE.—When necessary, the head of an
executive agency shall assist the Secretary in carrying out this chapter.
§ 70104. Restrictions on launches and operations
(a) LICENSE REQUIREMENT.—A license issued or transferred under this
chapter is required for the following:
(1) for a person to launch a launch vehicle or to operate a launch
site in the United States.
(2) for a citizen of the United States (as defined in section
70102(1)(A) or (B) of this title) to launch a launch vehicle or to oper-
ate a launch site outside the United States.
(3) for a citizen of the United States (as defined in section
70102(1)(C) of this title) to launch a launch vehicle or to operate a
launch site outside the United States and outside the territory of a for-
eign country unless there is an agreement between the United States
Government and the government of the foreign country providing that
the government of the foreign country has jurisdiction over the launch
or operation.
(4) for a citizen of the United States (as defined in section
70102(1)(C) of this title) to launch a launch vehicle or to operate a
launch site in the territory of a foreign country if there is an agreement
between the United States Government and the government of the for-
eign country providing that the United States Government has jurisdic-
tion over the launch or operation.
(b) COMPLIANCE WITH PAYLOAD REQUIREMENTS.—The holder of a
launch license under this chapter may launch a payload only if the payload
715
complies with all requirements of the laws of the United States related to
launching a payload.
(c) PREVENTING LAUNCHES.—The Secretary of Transportation shall es-
tablish whether all required licenses, authorizations, and permits required
for a payload have been obtained. If no license, authorization, or permit is
required, the Secretary may prevent the launch if the Secretary decides the
launch would jeopardize the public health and safety, safety of property, or
national security or foreign policy interest of the United States.
§ 70105. License applications and requirements
(a) APPLICATIONS.—A person may apply to the Secretary of Transpor-
tation for a license or transfer of a license under this chapter in the form
and way the Secretary prescribes. Consistent with the public health and
safety, safety of property, and national security and foreign policy interests
of the United States, the Secretary, not later than 180 days after receiving
an application, shall issue or transfer a license if the Secretary decides in
writing that the applicant complies, and will continue to comply, with this
chapter and regulations prescribed under this chapter. The Secretary shall
inform the applicant of any pending issue and action required to resolve the
issue if the Secretary has not made a decision not later than 120 days after
receiving an application.
(b) REQUIREMENTS.—(1) Except as provided in this subsection, all re-
quirements of the laws of the United States applicable to the launch of a
launch vehicle or the operation of a launch site are requirements for a li-
cense under this chapter.
(2) The Secretary may prescribe—
(A) any term necessary to ensure compliance with this chapter, in-
cluding on-site verification that a launch or operation complies with
representations stated in the application;
(B) an additional requirement necessary to protect the public health
and safety, safety of property, national security interests, and foreign
policy interests of the United States; and
(C) by regulation that a requirement of a law of the United States
not be a requirement for a license if the Secretary, after consulting
with the head of the appropriate executive agency, decides that the re-
quirement is not necessary to protect the public health and safety, safe-
ty of property, and national security and foreign policy interests of the
United States.
(3) The Secretary may waive a requirement for an individual applicant
if the Secretary decides that the waiver is in the public interest and will
not jeopardize the public health and safety, safety of property, and national
security and foreign policy interests of the United States.
716
(c) PROCEDURES AND TIMETABLES.—The Secretary shall establish pro-
cedures and timetables that expedite review of a license application and re-
duce the regulatory burden for an applicant.
§ 70106. Monitoring activities
(a) GENERAL REQUIREMENTS.—A licensee under this chapter must allow
the Secretary of Transportation to place an officer or employee of the Unit-
ed States Government or another individual as an observer at a launch site
the licensee uses, at a production facility or assembly site a contractor of
the licensee uses to produce or assemble a launch vehicle, or at a site at
which a payload is integrated with a launch vehicle. The observer will mon-
itor the activity of the licensee or contractor at the time and to the extent
the Secretary considers reasonable to ensure compliance with the license or
to carry out the duties of the Secretary under section 70104(c) of this title.
A licensee must cooperate with an observer carrying out this subsection.
(b) CONTRACTS.—To the extent provided in advance in an appropriation
law, the Secretary may make a contract with a person to carry out sub-
section (a) of this section.
§ 70107. Effective periods, and modifications, suspensions,
and revocations, of licenses
(a) EFFECTIVE PERIODS OF LICENSES.—The Secretary of Transpor-
tation shall specify the period for which a license issued or transferred
under this chapter is in effect.
(b) MODIFICATIONS.—On the initiative of the Secretary or on application
of the licensee, the Secretary may modify a license issued or transferred
under this chapter if the Secretary decides the modification will comply with
this chapter.
(c) SUSPENSIONS AND REVOCATIONS.—The Secretary may suspend or re-
voke a license if the Secretary decides that—
(1) the licensee has not complied substantially with a requirement of
this chapter or a regulation prescribed under this chapter; or
(2) the suspension or revocation is necessary to protect the public
health and safety, the safety of property, or a national security or for-
eign policy interest of the United States.
(d) EFFECTIVE PERIODS OF MODIFICATIONS, SUSPENSIONS, AND REV-
OCATIONS.—Unless the Secretary specifies otherwise, a modification, sus-
pension, or revocation under this section takes effect immediately and re-
mains in effect during a review under section 70110 of this title.
(e) NOTIFICATION.—The Secretary shall notify the licensee in writing of
the decision of the Secretary under this section and any action the Secretary
takes or proposes to take based on the decision.
717
§ 70108. Prohibition, suspension, and end of launches and
operation of launch sites
(a) GENERAL AUTHORITY.—The Secretary of Transportation may pro-
hibit, suspend, or end immediately the launch of a launch vehicle or the op-
eration of a launch site licensed under this chapter if the Secretary decides
the launch or operation is detrimental to the public health and safety, the
safety of property, or a national security or foreign policy interest of the
United States.
(b) EFFECTIVE PERIODS OF ORDERS.—An order under this section takes
effect immediately and remains in effect during a review under section
70110 of this title.
§ 70109. Preemption of scheduled launches
(a) GENERAL.—With the cooperation of the Secretary of Defense and the
Administrator of the National Aeronautics and Space Administration, the
Secretary of Transportation shall act to ensure that a launch of a payload
is not preempted from access to a United States Government launch site
or launch property, except for imperative national need, when a launch date
commitment from the Government has been obtained for a launch licensed
under this chapter. A licensee or transferee preempted from access to a
launch site or launch property does not have to pay the Government any
amount for launch services attributable only to the scheduled launch pre-
vented by the preemption.
(b) IMPERATIVE NATIONAL NEED DECISIONS.—In consultation with the
Secretary of Transportation, the Secretary of Defense or the Administrator
shall decide when an imperative national need requires preemption under
subsection (a) of this section. That decision may not be delegated.
(c) REPORTS.—In cooperation with the Secretary of Transportation, the
Secretary of Defense or the Administrator, as appropriate, shall submit to
Congress not later than 7 days after a decision to preempt under subsection
(a) of this section, a report that includes an explanation of the cir-
cumstances justifying the decision and a schedule for ensuring the prompt
launching of a preempted payload.
§ 70110. Administrative hearings and judicial review
(a) ADMINISTRATIVE HEARINGS.—The Secretary of Transportation shall
provide an opportunity for a hearing on the record to—
(1) an applicant under this chapter, for a decision of the Secretary
under section 70105(a) of this title to issue or transfer a license with
terms or deny the issuance or transfer of a license;
(2) an owner or operator of a payload under this chapter, for a deci-
sion of the Secretary under section 70104(c) of this title to prevent the
launch of the payload; and
718
(3) a licensee under this chapter, for a decision of the Secretary
under—
(A) section 70107(b) or (c) of this title to modify, suspend, or
revoke a license; or
(B) section 70108(a) of this title to prohibit, suspend, or end
a launch or operation of a launch site licensed by the Secretary.
(b) JUDICIAL REVIEW.—A final action of the Secretary under this chap-
ter is subject to judicial review as provided in chapter 7 of title 5.
§ 70111. Acquiring United States Government property and
services
(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—(1) The Secretary
of Transportation shall facilitate and encourage the acquisition by the pri-
vate sector and State governments of—
(A) launch property of the United States Government that is excess
or otherwise is not needed for public use; and
(B) launch services, including utilities, of the Government otherwise
not needed for public use.
(2) In acting under paragraph (1) of this subsection, the Secretary shall
consider the commercial availability on reasonable terms of substantially
equivalent launch property or launch services from a domestic source.
(b) PRICE.—(1) In this subsection, ‘‘direct costs’’ means the actual costs
that—
(A) can be associated unambiguously with a commercial launch ef-
fort; and
(B) the Government would not incur if there were no commercial
launch effort.
(2) In consultation with the Secretary, the head of the executive agency
providing the property or service under subsection (a) of this section shall
establish the price for the property or service. The price for—
(A) acquiring launch property by sale or transaction instead of sale
is the fair market value;
(B) acquiring launch property (except by sale or transaction instead
of sale) is an amount equal to the direct costs, including specific wear
and tear and property damage, the Government incurred because of ac-
quisition of the property; and
(C) launch services is an amount equal to the direct costs, including
the basic pay of Government civilian and contractor personnel, the Gov-
ernment incurred because of acquisition of the services.
(c) COLLECTION BY SECRETARY.—The Secretary may collect a payment
under this section with the consent of the head of the executive agency es-
tablishing the price. Amounts collected under this subsection shall be depos-
719
ited in the Treasury. Amounts (except for excess launch property) shall be
credited to the appropriation from which the cost of providing the property
or services was paid.
(d) COLLECTION BY OTHER GOVERNMENTAL HEADS.—The head of a de-
partment, agency, or instrumentality of the Government may collect a pay-
ment for an activity involved in producing a launch vehicle or its payload
for launch if the activity was agreed to by the owner or manufacturer of
the launch vehicle or payload.
§ 70112. Liability insurance and financial responsibility re-
quirements
(a) GENERAL REQUIREMENTS.—(1) When a license is issued or trans-
ferred under this chapter, the licensee or transferee shall obtain liability in-
surance or demonstrate financial responsibility in amounts to compensate
for the maximum probable loss from claims by—
(A) a third party for death, bodily injury, or property damage or loss
resulting from an activity carried out under the license; and
(B) the United States Government against a person for damage or
loss to Government property resulting from an activity carried out
under the license.
(2) The Secretary of Transportation shall determine the amounts re-
quired under paragraph (1)(A) and (B) of this subsection, after consulting
with the Administrator of the National Aeronautics and Space Administra-
tion, the Secretary of the Air Force, and the heads of other appropriate ex-
ecutive agencies.
(3) For the total claims related to one launch, a licensee or transferee
is not required to obtain insurance or demonstrate financial responsibility
of more than—
(A)(i) $500,000,000 under paragraph (1)(A) of this subsection; or
(ii) $100,000,000 under paragraph (1)(B) of this subsection; or
(B) the maximum liability insurance available on the world market
at reasonable cost if the amount is less than the applicable amount in
clause (A) of this paragraph.
(4) An insurance policy or demonstration of financial responsibility under
this subsection shall protect the following, to the extent of their potential
liability for involvement in launch services, at no cost to the Government:
(A) the Government.
(B) executive agencies and personnel, contractors, and subcontrac-
tors of the Government.
(C) contractors, subcontractors, and customers of the licensee or
transferee.
(D) contractors and subcontractors of the customer.
720
(b) RECIPROCAL WAIVER OF CLAIMS.—(1) A license issued or transferred
under this chapter shall contain a provision requiring the licensee or trans-
feree to make a reciprocal waiver of claims with its contractors, subcontrac-
tors, and customers, and contractors and subcontractors of the customers,
involved in launch services under which each party to the waiver agrees to
be responsible for property damage or loss it sustains, or for personal injury
to, death of, or property damage or loss sustained by its own employees re-
sulting from an activity carried out under the license.
(2) The Secretary of Transportation shall make, for the Government, ex-
ecutive agencies of the Government involved in launch services, and contrac-
tors and subcontractors involved in launch services, a reciprocal waiver of
claims with the licensee or transferee, contractors, subcontractors, and cus-
tomers of the licensee or transferee, and contractors and subcontractors of
the customers, involved in launch services under which each party to the
waiver agrees to be responsible for property damage or loss it sustains, or
for personal injury to, death of, or property damage or loss sustained by
its own employees resulting from an activity carried out under the license.
The waiver applies only to the extent that claims are more than the amount
of insurance or demonstration of financial responsibility required under sub-
section (a)(1)(B) of this section. After consulting with the Administrator
and the Secretary of the Air Force, the Secretary of Transportation may
waive, for the Government and a department, agency, and instrumentality
of the Government, the right to recover damages for damage or loss to Gov-
ernment property to the extent insurance is not available because of a policy
exclusion the Secretary of Transportation decides is usual for the type of
insurance involved.
(c) DETERMINATION OF MAXIMUM PROBABLE LOSSES.—The Secretary
of Transportation shall determine the maximum probable losses under sub-
section (a)(1)(A) and (B) of this section associated with an activity under
a license not later than 90 days after a licensee or transferee requires a
determination and submits all information the Secretary requires. The Sec-
retary shall amend the determination as warranted by new information.
(d) ANNUAL REPORT.—(1) Not later than November 15 of each year, the
Secretary of Transportation shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a report on current
determinations made under subsection (c) of this section related to all is-
sued licenses and the reasons for the determinations.
(2) Not later than May 15 of each year, the Secretary of Transportation
shall review the amounts specified in subsection (a)(3)(A) of this section
and submit a report to Congress that contains proposed adjustments in the
721
amounts to conform with changed liability expectations and availability of
insurance on the world market. The proposed adjustment takes effect 30
days after a report is submitted.
(e) LAUNCHES INVOLVING GOVERNMENT FACILITIES
AND PERSON-
NEL.—The Secretary of Transportation shall establish requirements consist-
ent with this chapter for proof of financial responsibility and other assur-
ances necessary to protect the Government and its executive agencies and
personnel from liability, death, bodily injury, or property damage or loss as
a result of a launch or operation of a launch site involving a facility or per-
sonnel of the Government. The Secretary may not relieve the Government
of liability under this subsection for death, bodily injury, or property dam-
age or loss resulting from the willful misconduct of the Government or its
agents.
(f) COLLECTION AND CREDITING PAYMENTS.—The head of a depart-
ment, agency, or instrumentality of the Government shall collect a payment
owed for damage or loss to Government property under its jurisdiction or
control resulting from an activity carried out under a license issued or
transferred under this chapter. The payment shall be credited to the current
applicable appropriation, fund, or account of the department, agency, or in-
strumentality.
§ 70113. Paying claims exceeding liability insurance and fi-
nancial responsibility requirements
(a) GENERAL REQUIREMENTS.—(1) To the extent provided in advance in
an appropriation law or to the extent additional legislative authority is en-
acted providing for paying claims in a compensation plan submitted under
subsection (d) of this section, the Secretary of Transportation shall provide
for the payment by the United States Government of a successful claim (in-
cluding reasonable litigation or settlement expenses) of a third party against
a licensee or transferee under this chapter, a contractor, subcontractor, or
customer of the licensee or transferee, or a contractor or subcontractor of
a customer, resulting from an activity carried out under the license issued
or transferred under this chapter for death, bodily injury, or property dam-
age or loss resulting from an activity carried out under the license. How-
ever, claims may be paid under this section only to the extent the total
amount of successful claims related to one launch—
(A) is more than the amount of insurance or demonstration of finan-
cial responsibility required under section 70112(a)(1)(A) of this title;
and
(B) is not more than $1,500,000,000 (plus additional amounts nec-
essary to reflect inflation occurring after January 1, 1989) above that
insurance or financial responsibility amount.
722
(2) The Secretary may not provide for paying a part of a claim for which
death, bodily injury, or property damage or loss results from willful mis-
conduct by the licensee or transferee. To the extent insurance required
under section 70112(a)(1)(A) of this title is not available to cover a success-
ful third party liability claim because of an insurance policy exclusion the
Secretary decides is usual for the type of insurance involved, the Secretary
may provide for paying the excluded claims without regard to the limitation
contained in section 70112(a)(1).
(b) NOTICE, PARTICIPATION, AND APPROVAL.—Before a payment under
subsection (a) of this section is made—
(1) notice must be given to the Government of a claim, or a civil
action related to the claim, against a party described in subsection
(a)(1) of this section for death, bodily injury, or property damage or
loss;
(2) the Government must be given an opportunity to participate or
assist in the defense of the claim or action; and
(3) the Secretary must approve any part of a settlement to be paid
out of appropriations of the Government.
(c) WITHHOLDING PAYMENTS.—The Secretary may withhold a payment
under subsection (a) of this section if the Secretary certifies that the
amount is not reasonable. However, the Secretary shall deem to be reason-
able the amount of a claim finally decided by a court of competent jurisdic-
tion.
(d) SURVEYS, REPORTS, AND COMPENSATION PLANS.—(1) If as a result
of an activity carried out under a license issued or transferred under this
chapter the total of claims related to one launch is likely to be more than
the amount of required insurance or demonstration of financial responsibil-
ity, the Secretary shall—
(A) survey the causes and extent of damage; and
(B) submit expeditiously to Congress a report on the results of the
survey.
(2) Not later than 90 days after a court determination indicates that the
liability for the total of claims related to one launch may be more than the
required amount of insurance or demonstration of financial responsibility,
the President, on the recommendation of the Secretary, shall submit to Con-
gress a compensation plan that—
(A) outlines the total dollar value of the claims;
(B) recommends sources of amounts to pay for the claims;
(C) includes legislative language required to carry out the plan if ad-
ditional legislative authority is required; and
723
(D) for a single event or incident, may not be for more than
$1,500,000,000.
(3) A compensation plan submitted to Congress under paragraph (2) of
this subsection shall—
(A) have an identification number; and
(B) be submitted to the Senate and the House of Representatives
on the same day and when the Senate and House are in session.
(e) CONGRESSIONAL RESOLUTIONS.—(1) In this subsection, ‘‘resolu-
tion’’—
(A) means a joint resolution of Congress the matter after the resolv-
ing clause of which is as follows: ‘‘That the Congress approves the com-
pensation plan numbered lllll submitted to the Congress on
lllll ll, l9ll.’’, with the blank spaces being filled appro-
priately; but
(B) does not include a resolution that includes more than one com-
pensation plan.
(2) The Senate shall consider under this subsection a compensation plan
requiring additional appropriations or legislative authority not later than 60
calendar days of continuous session of Congress after the date on which the
plan is submitted to Congress.
(3) A resolution introduced in the Senate shall be referred immediately
to a committee by the President of the Senate. All resolutions related to
the same plan shall be referred to the same committee.
(4)(A) If the committee of the Senate to which a resolution has been re-
ferred does not report the resolution within 20 calendar days after it is re-
ferred, a motion is in order to discharge the committee from further consid-
eration of the resolution or to discharge the committee from further consid-
eration of the plan.
(B) A motion to discharge may be made only by an individual favoring
the resolution and is highly privileged (except that the motion may not be
made after the committee has reported a resolution on the plan). Debate
on the motion is limited to one hour, to be divided equally between those
favoring and those opposing the resolution. An amendment to the motion
is not in order. A motion to reconsider the vote by which the motion is
agreed to or disagreed to is not in order.
(C) If the motion to discharge is agreed to or disagreed to, the motion
may not be renewed and another motion to discharge the committee from
another resolution on the same plan may not be made.
(5)(A) After a committee of the Senate reports, or is discharged from fur-
ther consideration of, a resolution, a motion to proceed to the consideration
of the resolution is in order at any time, even though a similar previous mo-
724
tion has been disagreed to. The motion is highly privileged and is not debat-
able. An amendment to the motion is not in order. A motion to reconsider
the vote by which the motion is agreed to or disagreed to is not in order.
(B) Debate on the resolution referred to in subparagraph (A) of this
paragraph is limited to not more than 10 hours, to be divided equally be-
tween those favoring and those opposing the resolution. A motion further
to limit debate is not debatable. An amendment to, or motion to recommit,
the resolution is not in order. A motion to reconsider the vote by which the
resolution is agreed to or disagreed to is not in order.
(6) The following shall be decided in the Senate without debate:
(A) a motion to postpone related to the discharge from committee.
(B) a motion to postpone consideration of a resolution.
(C) a motion to proceed to the consideration of other business.
(D) an appeal from a decision of the chair related to the application
of the rules of the Senate to the procedures related to resolution.
(f) APPLICATION.—This section applies to a license issued or transferred
under this chapter for which the Secretary receives a complete and valid ap-
plication not later than December 31, 1999.
§ 70114. Disclosing information
The Secretary of Transportation, an officer or employee of the United
States Government, or a person making a contract with the Secretary under
section 70106(b) of this title may disclose information under this chapter
that qualifies for an exemption under section 552(b)(4) of title 5 or is des-
ignated as confidential by the person or head of the executive agency provid-
ing the information only if the Secretary decides withholding the informa-
tion is contrary to the public or national interest.
§ 70115. Enforcement and penalty
(a) PROHIBITIONS.—A person may not violate this chapter, a regulation
prescribed under this chapter, or any term of a license issued or transferred
under this chapter.
(b) GENERAL AUTHORITY.—(1) In carrying out this chapter, the Sec-
retary of Transportation may—
(A) conduct investigations and inquiries;
(B) administer oaths;
(C) take affidavits; and
(D) under lawful process—
(i) enter at a reasonable time a launch site, production facility,
assembly site of a launch vehicle, or site at which a payload is in-
tegrated with a launch vehicle to inspect an object to which this
chapter applies or a record or report the Secretary requires be
made or kept under this chapter; and
725
(ii) seize the object, record, or report when there is probable
cause to believe the object, record, or report was used, is being
used, or likely will be used in violation of this chapter.
(2) The Secretary may delegate a duty or power under this chapter relat-
ed to enforcement to an officer or employee of another executive agency with
the consent of the head of the agency.
(c) CIVIL PENALTY.—(1) After notice and an opportunity for a hearing
on the record, a person the Secretary finds to have violated subsection (a)
of this section is liable to the United States Government for a civil penalty
of not more than $100,000. A separate violation occurs for each day the
violation continues.
(2) In conducting a hearing under paragraph (1) of this subsection, the
Secretary may—
(A) subpena witnesses and records; and
(B) enforce a subpena in an appropriate district court of the United
States.
(3) The Secretary shall impose the civil penalty by written notice. The
Secretary may compromise or remit a penalty imposed, or that may be im-
posed, under this section.
(4) The Secretary shall recover a civil penalty not paid after the penalty
is final or after a court enters a final judgment for the Secretary.
§ 70116. Consultation
(a) MATTERS
AFFECTING
NATIONAL
SECURITY.—The Secretary of
Transportation shall consult with the Secretary of Defense on a matter
under this chapter affecting national security. The Secretary of Defense
shall identify and notify the Secretary of Transportation of a national secu-
rity interest relevant to an activity under this chapter.
(b) MATTERS AFFECTING FOREIGN POLICY.—The Secretary of Trans-
portation shall consult with the Secretary of State on a matter under this
chapter affecting foreign policy. The Secretary of State shall identify and
notify the Secretary of Transportation of a foreign policy interest or obliga-
tion relevant to an activity under this chapter.
(c) OTHER MATTERS.—In carrying out this chapter, the Secretary of
Transportation shall consult with the head of another executive agency—
(1) to provide consistent application of licensing requirements under
this chapter;
(2) to ensure fair treatment for all license applicants; and
(3) when appropriate.
726
§ 70117. Relationship to other executive agencies, laws, and
international obligations
(a) EXECUTIVE AGENCIES.—Except as provided in this chapter, a person
is not required to obtain from an executive agency a license, approval, waiv-
er, or exemption to launch a launch vehicle or operate a launch site.
(b) FEDERAL COMMUNICATIONS COMMISSION AND SECRETARY OF COM-
MERCE.—This chapter does not affect the authority of—
(1) the Federal Communications Commission under the Communica-
tions Act of 1934 (47 U.S.C. 151 et seq.); or
(2) the Secretary of Commerce under the Land Remote-Sensing
Commercialization Act of 1984 (15 U.S.C. 4201 et seq.).
(c) STATES AND POLITICAL SUBDIVISIONS.—A State or political subdivi-
sion of a State—
(1) may not adopt or have in effect a law, regulation, standard, or
order inconsistent with this chapter; but
(2) may adopt or have in effect a law, regulation, standard, or order
consistent with this chapter that is in addition to or more stringent
than a requirement of, or regulation prescribed under, this chapter.
(d) CONSULTATION.—The Secretary of Transportation is encouraged to
consult with a State to simplify and expedite the approval of a space launch
activity.
(e) FOREIGN COUNTRIES.—The Secretary of Transportation shall—
(1) carry out this chapter consistent with an obligation the United
States Government assumes in a treaty, convention, or agreement in
force between the Government and the government of a foreign coun-
try; and
(2) consider applicable laws and requirements of a foreign country
when carrying out this chapter.
(f) LAUNCH NOT
AN EXPORT.—A launch vehicle or payload that is
launched is not, because of the launch, an export for purposes of a law con-
trolling exports.
(g) NONAPPLICATION.—This chapter does not apply to—
(1) a launch, operation of a launch vehicle or launch site, or other
space activity the Government carries out for the Government; or
(2) planning or policies related to the launch, operation, or activity.
§ 70118. User fees
The Secretary of Transportation may collect a user fee for a regulatory
or other service conducted under this chapter only if specifically authorized
by this chapter.
727
§ 70119. Authorization of appropriations
The following amounts may be appropriated to the Secretary of Transpor-
tation for the fiscal year ending September 30, 1993:
(1) $4,900,000 to carry out this chapter.
(2) $20,000,000 for a program to ensure the resiliency of the space
launch infrastructure of the United States if a law is enacted to estab-
lish that program in the Department of Transportation.
CHAPTER 703—SPACE TRANSPORTATION
INFRASTRUCTURE MATCHING GRANTS
Sec.
70301.
Definitions.
70302.
Grant authority.
70303.
Grant applications.
70304.
Environmental requirements.
70305.
Authorization of appropriations.
§ 70301. Definitions
In this chapter—
(1) the definitions in section 502 of the National Aeronautics and
Space Administration Authorization Act, Fiscal Year 1993 (15 U.S.C.
5802) apply.
(2) ‘‘commercial space transportation infrastructure development’’
includes—
(A) construction, improvement, design, and engineering of space
transportation infrastructure in the United States; and
(B) technical studies to define how new or enhanced space
transportation infrastructure can best meet the needs of the Unit-
ed States commercial space transportation industry.
(3) ‘‘project’’ means a project (or separate projects submitted to-
gether) to carry out commercial space transportation infrastructure de-
velopment, including the combined submission of all projects to be un-
dertaken at a particular site in a fiscal year.
(4) ‘‘project grant’’ means a grant of an amount by the Secretary
of Transportation to a sponsor for one or more projects.
(5) ‘‘public agency’’ means a State or an agency of a State, a politi-
cal subdivision of a State, or a tax-supported organization.
(6) ‘‘sponsor’’ means a public agency that, individually or jointly
with one or more other public agencies, submits to the Secretary under
this chapter an application for a project grant.
§ 70302. Grant authority
(a) GENERAL AUTHORITY.—To ensure the resiliency of the space trans-
portation infrastructure of the United States, the Secretary of Transpor-
tation may make project grants to sponsors as provided in this chapter.
728
(b) LIMITATIONS.—The Secretary may make a project grant under this
chapter only if—
(1) at least 10 percent of the total cost of the project will be paid
by the private sector; and
(2) the grant will not be for more than 50 percent of the total cost
of the project.
§ 70303. Grant applications
(a) GENERAL.—A sponsor may submit to the Secretary of Transportation
an application for a project grant. The application must state the project
to be undertaken and be in the form and contain the information the Sec-
retary requires.
(b) CONSIDERATIONS AND CONSULTATION.—(1) In selecting proposed
projects for grants under this section, the Secretary of Transportation shall
consider—
(A) the contribution of the project to industry capabilities that serve
the United States Government’s space transportation needs;
(B) the extent of industry’s financial contribution to the project;
(C) the extent of industry’s participation in the project;
(D) the positive impact of the project on the international competi-
tiveness of the United States space transportation industry;
(E) the extent of State contributions to the project; and
(F) the impact of the project on launch operations and other activi-
ties at Government launch ranges.
(2) The Secretary of Transportation shall consult with the Secretary of
Defense, the Administrator of the National Space and Aeronautics Adminis-
tration, and the heads of other appropriate agencies of the Government
about paragraph (1)(A) and (F) of this subsection.
(c) REQUIREMENTS.—The Secretary of Transportation may approve an
application only if the Secretary is satisfied that—
(1) the project will contribute to the purposes of this chapter;
(2) the project is reasonably consistent with plans (existing at the
time of approval of the project) of public agencies that are—
(A) authorized by the State in which the project is located; and
(B) responsible for the development of the area surrounding the
project site;
(3) if the application proposes to use Government property, the spe-
cific consent of the head of the appropriate agency has been obtained;
(4) the project will be completed without unreasonable delay;
(5) the sponsor submitting the application has the legal authority to
engage in the project; and
729
(6) any additional requirements prescribed by the Secretary have
been met.
(d) PREFERENCE
FOR INDUSTRY CONTRIBUTIONS.—The Secretary of
Transportation shall give preference to applications for projects for which
there will be greater industry financial contributions, all other factors being
equal.
§ 70304. Environmental requirements
(a) POLICY.—It is the policy of the United States that projects selected
under this chapter shall provide for the protection and enhancement of the
natural resources and the quality of the environment of the United States.
In carrying out this policy, the Secretary of Transportation shall consult
with the Secretary of the Interior and the Administrator of the Environ-
mental Protection Agency about a project that may have a significant effect
on natural resources, including fish and wildlife, natural, scenic, and rec-
reational assets, water and air quality, and other factors affecting the envi-
ronment. If the Secretary of Transportation finds that a project will have
a significant adverse effect, the Secretary may approve the application for
the project only if, after a complete review that is a matter of public record,
the Secretary makes a written finding that no feasible and prudent alter-
native to the project exists and that all reasonable steps have been taken
to minimize the adverse effect.
(b) PUBLIC HEARING REQUIREMENT.—The Secretary of Transportation
may approve an application only if the sponsor of the project certifies to
the Secretary that an opportunity for a public hearing has been provided
to consider the economic, social, and environmental effects of the project
and its consistency with the goals of any planning carried out by the com-
munity. When a hearing is held under this paragraph, the sponsor shall sub-
mit a copy of the transcript of the hearing to the Secretary.
(c) COMPLIANCE WITH AIR AND WATER QUALITY STANDARDS.—(1) The
Secretary of Transportation may approve an application only if the chief ex-
ecutive officer of the State in which the project is located certifies in writing
to the Secretary that there is reasonable assurance that the project will be
located, designed, constructed, and operated to comply with applicable air
and water quality standards. If the Administrator has not prescribed those
standards, certification shall be obtained from the Administrator. Notice of
certification or refusal to certify shall be provided not later than 60 days
after the Secretary receives the application.
(2) The Secretary of Transportation shall condition the approval of an
application on compliance with applicable air and water quality standards
during construction and operation.
730
(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 of common carriers.
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.
(2) ‘‘consignor’’ means the person named in a bill of lading as the
person from whom the goods have been received for shipment.
731
(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.
§ 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
732
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 the 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
(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.
733
(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—
(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.
734
§ 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 of common carriers
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
(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
735
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.
(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.
736
§ 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;
(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
737
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.
(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.
738
(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.
(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
739
(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
(ii) from a place in a State, the District of Columbia, a ter-
ritory or possession of the United States, or the Canal Zone,
to a place in another State, the District of Columbia, a terri-
tory or possession, or the Canal Zone; or
(D) does not bear tax-paid internal revenue stamps required by
those laws or regulations;
740
(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;
(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.
741
§ 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
(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:
742
(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.
(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
743
(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—
(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.
744
(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
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.
745
(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.
(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.
746
(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;
(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
747
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.
‘‘(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
748
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—
‘‘(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
749
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’’.
(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.
750
(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:
‘‘§ 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:
751
(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:
‘‘(1) In subsection (b)—
‘‘(A) redesignate clauses (2)–(8) as clauses (3)–(9), respectively;
‘‘(B) insert below clause (1) the following:
752
‘‘ ‘(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.’’.
(2) Amend section 5402 as follows:
(A) In subsection (a), strike ‘‘section 1302’’ and substitute
‘‘section 40101(a)’’.
781
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. 24
95–504 ....
(less 46) .........................................
1705 ...........
App.
1301,
1301(note),
1302, 1305–
1308,
1324(note),
1371,
1371(note),
1372–1374,
1376,
1376(note),
1378, 1379,
1382, 1384,
1386, 1389,
1461, 1471,
1473, 1482,
1482a, 1490,
1504, 1551,
1552, 1711,
1729
Nov. 2
95–574 ....
........................................................
2459 ...........
6, 13, 34, 61,
63a,
63a(note),
421(note),
436, 437,
440(note), 442
..................
........................................................
.......
....................
App.
95–575 ....
3(a), (b) .........................................
2465 ...........
App.
781, 787
95–580 ....
........................................................
2475 ...........
App.
1653(note)
Nov. 6
95–598 ....
322(g) ............................................
2679 ...........
95–599 ....
134(d), 160, 301–315, 317–323 ....
2709, 2719,
2735,
2752.
1418
..................
........................................................
.......
....................
App.
1601(note),
1602, 1603,
1604,
1604(note),
1605(note),
1607,
1607(note),
1607a(note),
1607b–1608,
1611, 1612,
1612(note),
1613–1616,
1653(note)
Nov. 8
95–607 ....
101–110 .........................................
3059 ...........
App.
1651(note),
1653a, 1654,
1654(note)
95–609 ....
3, 8 .................................................
3080, 3084
App.
1431,
1431(note)
Nov. 9
95–619 ....
401–404 .........................................
3254 ...........
2006, 2008
1979
Sept. 29
96–73 ......
101–119 ‘‘Sec. 404(e)’’, 119 ‘‘Sec.
404(g)’’–132, 501(a).
537, 547,
558.
501,
501(note),
501a, 502,
521(note),
545,
545(note),
545a(note),
546, 548,
562(note),
563, 564,
564(note),
565,
565(note),
566, 601, 602,
602(note),
641, 647–650
..................
........................................................
.......
....................
App.
1653
Oct. 12
96–86 ......
115(b) ............................................
662 .............
App.
1654
Nov. 9
96–106 ....
17 ...................................................
799 .............
App.
1604
Nov. 30
96–129 ....
........................................................
989 .............
831,
831(note),
832–835