89th Congress, S. 3433 An Act To make it a criminal offense to steal, embezzle, or otherwise unlawfully take property from a pipeline, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the first paragraph of section 659 of title 18, United States Code, relating to theft, embezzlement, or other unlawful taking from interstate transportation facilities, is amended (1) by inserting before the word "railroad" the words "pipeline system,", (2) by inserting before the word "station" where it first appears the words "tank or storage facility,", and (3) by striking out the words "or express" and substituting a comma and the words "express, or other property". (b) The eighth paragraph of that section is amended by adding at the end thereof the following new sentence: "The removal of property from a pipeline system which extends interstate shall be prima facie evidence of the interstate character of the shipment of the property." (c) That section is further amended by adding at the end thereof the following new sentence: "Nothing contained in this section shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this section operate to the exclusion of State laws on the same subject matter, nor shall any provision of this section be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this section or any provision thereof." (d) The caption of that section is amended to read as follows: "§ 659. Interstate or foreign shipments by carrier; State prosecutions.". (e) The item relating to section 659 contained in the chapter analysis of chapter 31, title 18, United States Code, is amended to read as follows: 659. Interstate or foreign shipments by carriers; State prosecutions.”. SEC. 2. (a) The first paragraph of section 2117 of title 18, United States Code, relating to breaking the seal or lock on any railroad car, vessel, aircraft, motortruck, wagon, or vehicle containing interstate shipments, is amended by (1) striking out the comma after the word "vehicle" where it first appears, and inserting in lieu thereof the words "or of any pipeline system,"; (2) str king out the comma after the word "express", and inserting in lieu thereof the words "or other property,; and (3) inserting therein, immediately after the word "vehicle" where it appears the second time, the words "or pipeline system". (b) That section is further amended by adding at the end thereof the following new sentence: "Nothing contained in this section shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this section operate to the exclusion of State laws on the same subject matter, nor shall any provision of this section be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this section or any provision thereof." 80 STAT 904 Pipeline theft, 62 Stat. 797; 63 Stat. 96. 80 STAT 904 (c) The caption of that section is amended to read as follows: "§ 2117. Breaking or entering carrier facilities.". (d) The item relating to section 2117 contained in the chapter analysis of chapter 103, title 18, United States Code, is amended to read as follows: "2117. Breaking or entering carrier facilities.". LEGISLATIVE HISTORY: HOUSE REPORT No. 2144 (Comm. on the Judiciary). Sept. 1: Considered and passed Senate. Oct. 3: Considered and passed House, amended. 89th Congress, H. R. 15963 An Act To establish a Department of Transportation, and for other purposes. 80 STAT. 931 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Department of cited as the "Department of Transportation Act". DECLARATION OF PURPOSE SEC. 2. (a) The Congress hereby declares that the general welfare, the economic growth and stability of the Nation and its security require the development of national transportation policies and programs conducive to the provision of fast, safe, efficient, and convenient transportation at the lowest cost consistent therewith and with other national objectives, including the efficient utilization and conservation of the Nation's resources. (b) (1) The Congress therefore finds that the establishment of a Department of Transportation is necessary in the public interest and to assure the coordinated, effective administration of the transportation programs of the Federal Government; to facilitate the development and improvement of coordinated transportation service, to be provided by private enterprise to the maximum extent feasible; to encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested parties toward the achievement of national transportation objectives; to stimulate technological advances in transportation; to provide general leadership in the identification and solution of transportation problems; and to develop and recommend to the President and the Congress for approval national transportation policies and programs to accomplish these objectives with full and appropriate consideration of the needs of the public, users, carriers, industry, labor, and the national defense. (2) It is hereby declared to be the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. Transportation Act. ESTABLISHMENT OF DEPARTMENT SEC. 3. (a) There is hereby established at the seat of government an executive department to be known as the Department of Transportation (hereafter referred to in this Act as the "Department"). There Secretary. shall be at the head of the Department a Secretary of Transportation (hereafter referred to in this Act as the "Secretary"), who shall be appointed by the President, by and with the advice and consent of the Senate. (b) There shall be in the Department an Under Secretary, who shall Under Secretary. be appointed by the President, by and with the advice and consent of the Senate. The Under Secretary (or, during the absence or disability of the Under Secretary, or in the event of a vacancy in the office of Under Secretary, an Assistant Secretary or the General Counsel, determined according to such order as the Secretary shall prescribe) shall act for. and exercise the powers of the Secretary, during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary. The Under Secretary shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time. (c) There shall be in the Department four Assistant Secretaries Assistant Secreand a General Counsel, who shall be appointed by the President, by taries, General Counsel. 80 STAT. 932 Assistant Secretary for Administration. Administrations. Federal Aviation Administrator, qualifications. and with the advice and consent of the Senate, and who shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time. (d) There shall be in the Department an Assistant Secretary for Administration, who shall be appointed, with the approval of the President, by the Secretary under the classified civil service who shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time. (e) (1) There is hereby established within the Department a Federal Highway Administration; a Federal Railroad Administration; and a Federal Aviation Administration. Each of these components shall be headed by an Administrator, and in the case of the Federal Aviation Administration there shall also be a Deputy Administrator. The Administrators and the Deputy Federal Aviation Administrator shall be appointed by the President, by and with the advice and consent of the Senate. (2) The qualifications of the Administrator of the Federal Aviation Agency specified in section 301 (b) of the Federal Aviation Act of 1958, as amended (72 Stat. 744; 49 U.S.C. 1341), and the qualifications and status of the Deputy Administrator specified in section 302(b) of the Federal Aviation Act of 1958, as amended (72 Stat. 744; 49 U.S.C. 1342), shall apply, respectively, to the Administrator and Deputy Administrator of the Federal Aviation Administration. However, nothing in this Act shall be construed to preclude the appointment of the present Administrator of the Federal Aviation Agency as Administrator of the Federal Aviation Administration in accordance with the provisions of the Act of June 22, 1965, as 49 USC 1341 note. amended (79 Stat. 171). Coast Guard. Transfer of powers prohibited. Ante, p. 393. Ante, p. 463. National Highway Safety Bur eau. (3) In addition to such functions, powers, and duties as are specified in this Act to be carried out by the Administrators, the Administrators and the Commandant of the Coast Guard shall carry out such additional functions, powers, and duties as the Secretary may prescribe. The Administrators and the Commandant of the Coast Guard shall report directly to the Secretary. (4) The functions, powers, and duties specified in this Act to be carried out by each Administrator shall not be transferred elsewhere in the Department unless specifically provided for by reorganization plan submitted pursuant to provisions of chapter 9 of title 5, United States Code, or by statute. (f) (1) The Secretary shall carry out the provisions of the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718) through a National Traffic Safety Bureau (hereafter referred to in this paragraph as "Bureau"), which he shall establish in the Department of Transportation. The Bureau shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate prescribed for level V of the Executive Schedule. All other provisions of the National Traffic and Motor Vehicle Safety Act of 1966 shall apply. (2) The Secretary shall carry out the provisions of the Highway Safety Act of 1966 (80 Stat. 731) (including chapter 4 of title 23 of the United States Code) through a National Highway Safety Bureau (hereafter referred to in this paragraph as "Bureau"), which he shall establish in the Department of Transportation. The Bureau shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate, who shall be compensated at the rate prescribed for level V of the Executive Schedule. All other provisions of the Highway Safety Act of 1966 shall apply. (3) The President is authorized, as provided in section 201 of the Highway Safety Act of 1966, to carry out the provisions of the 80 STAT. 933 National Traffic and Motor Vehicle Safety Act of 1966 through the Ante, p. 718. Ante, p. 731. (4) The office of Federal Highway Administrator, created by section Director of 303 of title 23, United States Code, is hereby transferred to and con- Public Road. tinued within the Department under the title Director of Public Roads. 75 Stat. 822; The Director shall be the operating head of the Bureau of Public 78 Stat. 425. Roads, or any other agency created within the Department to carry out the primary functions carried out immediately before the effective date of this Act by the Bureau of Public Roads. GENERAL PROVISIONS SEC. 4. (a) The Secretary in carrying out the purposes of this Act Duties of shall, among his responsibilities, exercise leadership under the di- Secretary. rection of the President in transportation matters, including those affecting the national defense and those involving national or regional emergencies; provide leadership in the development of national transportation policies and programs, and make recommendations to the President and the Congress for their consideration and implementation; promote and undertake development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation; consult and cooperate with the Secretary of Labor in gathering information regarding the status of labor-management contracts and other labormanagement problems and in promoting industrial harmony and stable employment conditions in all modes of transportation; promote and undertake research and development relating to transportation, including noise abatement, with particular attention to aircraft noise; consult with the heads of other Federal departments and agencies on the transportation requirements of the Government, including the procurement of transportation or the operation of their own transport services in order to encourage them to establish and observe policies consistent with the maintenance of a coordinated transportation system; and consult and cooperate with State and local governments, carriers, labor, and other interested parties, including, when appropriate, holding informal public hearings. (b) (1) In carrying out his duties and responsibilities under this Act, the Secretary shall be governed by all applicable statutes including the policy standards set forth in the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301 et seq.); the national transpor- 72 Stat. 731. tation policy of the Interstate Commerce Act, as amended (49 U.S.C., preceding §§ 1, 301, 901, and 1001); title 23, United States Code, re- 24 Stat. 379. lating to Federal-aid highways; and title 14 U.S.C., titles LII and 72 Stat. 885. LIII of the Revised Statutes (46 U.S.C., chs. 2A, 7, 11, 14, 15, and 23 USC 101-135. 18), the Act of April 25, 1940, as amended (54 Stat. 163; 46 U.S.C. 63 Stat. 495. 526-526u), and the Act of September 2, 1958, as amended (72 Stat. 1754; 46 U.S.C. 527-527h), relating to the United States Coast Guard. (2) Nothing in this Act shall be construed to authorize, without appropriate action by Congress, the adoption, revision, or implementation of (A) any transportation policy, or (B) any investment standards or criteria. (3) In exercising the functions, powers, and duties conferred on and transferred to the Secretary by this Act, the Secretary shall give full consideration to the need for operational continuity of the functions transferred, to the need for effectiveness and safety in transportation systems, and to the needs of the national defense. (c) Orders and actions of the Secretary or the National Transpor- Judicial review. tation Safety Board in the exercise of functions, powers, and duties |