[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4778 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                               H. R. 4778

_______________________________________________________________________

                                 AN ACT


 
      To codify without substantive change recent laws related to 
         transportation and to improve the United States Code.

  Be it enacted by the Senate and House of Representa<gr-thn-eq>tives 
of the United States of America in Congress assembled,

SECTION 1. TITLE 11, UNITED STATES CODE.

  Section 365 of title 11, United States Code, is amended as follows:
          (1) In subsection (d)(6)(C), strike ``section 101 of the 
        Federal Aviation Act of 1958 (49 App. U.S.C. 1301)'' and 
        substitute ``section 40102(a) of title 49''.
          (2) In subsection (p), strike ``section 101(3) of the Federal 
        Aviation Act of 1958'' and substitute ``section 40102(a) of 
        title 49''.

SEC. 2. TITLE 18, UNITED STATES CODE.

  Title 18, United States Code, is amended as follows:
          (1) In section 2333(b), strike ``section 902(i), (k), (l), 
        (n), or (r) of the Federal Aviation Act of 1958 (49 U.S.C. App. 
        1472(i), (k), (l), (n), or (r))'' and substitute ``section 
        46314, 46502, 46505, or 46506 of title 49''.
          (2) In section 2340(3), strike ``section 101(38) of the 
        Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38))'' and 
        substitute section 46501(2) of title 49''.

SEC. 3. TITLE 23, UNITED STATES CODE.

  Title 23, United States Code, is amended as follows:
          (1) In section 103(i)(3), strike ``the Federal Transit Act'' 
        and substitute ``chapter 53 of title 49''.
          (2) In section 108(d)(2)(F), strike ``section 4(f) of the 
        Department of Transportation Act'' and substitute ``section 303 
        of title 49''.
          (3) In section 127(d)(2)(A), strike ``sections 411, 412, and 
        416 of the Surface Transportation Assistance Act of 1982 (49 
        U.S.C. App. 2311, 2312, and 2316)'' and substitute ``sections 
        31111-31114 of title 49''.
          (4) In section 133(b)(2), strike ``the Federal Transit Act'' 
        and substitute ``chapter 53 of title 49''.
          (5) Section 134 is amended as follows:
                  (A) In subsections (h)(5) and (i)(3) and (4), strike 
                ``the Federal Transit Act'' and substitute ``chapter 53 
                of title 49''.
                  (B) In subsection (i)(5), strike ``section 9 of the 
                Federal Transit Act'' wherever it appears and ``section 
                8(o) of the Federal Transit Act'' and substitute 
                ``section 5336 of title 49'' and ``section 5306(a) of 
                title 49'', respectively.
                  (C) In subsections (k)-(m), strike ``the Federal 
                Transit Act'' wherever it appears'' and substitute 
                ``chapter 53 of title 49''.
                  (D) In subsection (k), strike ``Federal Transit Act 
                funds'' and substitute ``chapter 53 funds''.
          (6) Section 135 is amended as follows:
                  (A) In subsection (f)(2), strike ``the Federal 
                Transit Act'' and substitute ``chapter 53 of title 
                49''.
                  (B) In subsection (h), strike ``section 8 of the 
                Federal Transit Act, United States Code'' and ``section 
                8 of such Act'' and substitute ``sections 5303-5306 and 
                5323(k) of title 49'' and ``sections 5303-5306 and 
                5323(k)'', respectively.
          (7) in section 141(b), strike ``section 411(j) of the Surface 
        Transportation Assistance Act of 1982 (49 U.S.C. App. 
        2311(j))'' and substitute ``section 31112 of title 49''.
          (8) In section 303(c), strike ``the Federal Transit Act'' and 
        substitute ``chapter 53 of title 49''.
          (9) In section 303(d), strike ``the Federal Transit Act'' and 
        ``such Act'' and substitute ``chapter 53 of title 49'' and 
        ``chapter 53'', respectively.
          (10) In section 307(e)(13), strike ``section 26(a)(I) of the 
        Federal Transit Act'' and substitute ``section 5313(a) of title 
        49''.

SEC. 4. TITLE 26, UNITED STATES CODE.

  Section 9503(e)(3)(A) of the Internal Revenue Code of 1986 (26 U.S.C. 
9503(e)(3)(A)) is amended by striking ``paragraph (1) or (3) of 
subsection (a), or paragraph (1) or (3) of subsection (b), of section 
21 of the Federal Transit Act'' and substituting ``section 5338(a)(1) 
or (b)(1) of title 49''.

SEC. 5. TITLE 39, UNITED STATES CODE.

  Section 5402(g)(1)(A) of title 39, United States Code, is amended by 
striking ``section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 
1371)'' and substituting ``section 41102(a) of title 49''.

SEC. 6. TITLE 49, UNITED STATES CODE.

  Title 49, United States Code, is amended as follows:
          (1) In section 112(e), strike ``the date of the enactment of 
        this section'' and substitute ``October 24, 1992''.
          (2) In section 321, strike ``, respectively''.
          (3) Section 5103(b)(2) is amended as follows:
                  (A) Strike ``include'' and substitute ``be conducted 
                under section 553 of title 5, including''.
                  (B) Strike ``presentations'' and substitute 
                ``presentation''.
          (4) In section 5104(a)(1), insert ``applicable'' after 
        ``each''.
          (5) In section 5115(b)(1)(C), strike ``126'' and substitute 
        ``126(g)''.
          (6) In section 5125(a) and (b)(1), insert ``and unless 
        authorized by another law of the United States'' after 
        ``section''.
          (7) Section 5307(d) is amended as follows:
                  (A) In clause (1)(D), strike ``chapter'' and 
                substitute ``section''.
                  (B) In clause (1)(E)(iii), strike ``Buy-American'' 
                and substitute ``Buy America''.
          (8) In section 5318(e), insert ``Uniform'' before 
        ``Relocation''.
          (9) In section 5320(g)(2), strike ``paragraph (1)(C) of this 
        section'' and substitute ``paragraph (1)(C) of this 
        subsection''.
          (10) Section 5323 is amended as follows:
                  (A) in the catchline for subsection (j), strike 
                ``American'' and substitute ``America''.
                  (B) Add at the end of the section the following:
  ``(l) Preaward and Postdelivery Review of Rolling Stock Purchase.--
The Secretary of Transportation shall prescribe regulations requiring a 
preaward and postdelivery review of a grant under this chapter to buy 
rolling stock to ensure compliance with Government motor vehicle safety 
requirements, subsection (j) of this section, and bid specifications 
requirements of grant recipients under this chapter. Under this 
subsection, independent inspections and review are required, and a 
manufacturer certification is not sufficient.''.
          (11) In section 5326(a)(3), strike ``regulations'' and 
        substitute ``guidelines''.
          (12) In section 5327(c)(1), strike ``of that Act'' and 
        substitute ``or that Act''.
          (13) In section 5331(a)(3), strike ``subchapter III of 
        chapter 201 or section 31306'' and substitute ``section 20140 
        or 31306''.
          (14) In section 5337(a)(4), strike ``section 5336(B)(2)(A)'' 
        and substitute ``section 5336(b)(2)(A) of this title''.
          (15) In the catchline of section 5565, insert ``certain'' 
        after ``converting''.
          (16) In section 11301(b)(1), strike ``subchapter I of chapter 
        2A, chapter 2B, and subchapter I of chapter 2D of title 15'' 
        and substitute ``the Securities Act of 1933 (15 U.S.C. 77a et 
        seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et 
        seq.), and the Investment Company Act of 1940 (15 U.S.C. 80a-1 
        et seq.)''.
          (17) In section 11348(a), strike ``(l)(1)'' and substitute 
        ``(m)(1)''.
          (18) In section 11706(d), strike ``that limitation periods'' 
        and substitute ``those limitation periods''.
          (19) In section 20136(2), strike ``subsection'' and 
        substitute ``section''.
          (20) In section 22108(a)(3), insert ``under this subsection'' 
        after ``appropriated''.
          (21) Section 24501 is amended as follows:
                  (A) In subsection (f), strike ``(f) Exemption From 
                Additional Taxes.--(1)'' through the end of paragraph 
                (1) and substitute the following:
  ``(f) Exemption From Additional Taxes.--(1) In this subsection--
          ``(A) `additional tax' means a tax or fee--
                  ``(i) on the acquisition, improvement, ownership, or 
                operation of personal property by Amtrak Commuter; and
                  ``(ii) on real property, except a tax or fee on the 
                acquisition of real property or on the value of real 
                property not attributable to improvements made, or the 
                operation of those improvements, by Amtrak Commuter.
          ``(B) `Amtrak Commuter' includes a rail carrier subsidiary of 
        Amtrak Commuter and a lessor or lessee of Amtrak Commuter or 
        one of its rail carrier subsidiaries.''.
                  (B) In subsection (f)(2), insert ``, even if that use 
                is indirect'' after ``transportation''.
          (22) In section 24904(a)(2), insert ``, by condemnation or 
        otherwise,'' after ``acquire''.
          (23) Sections 30141(c)(4)(A) and 30165(a) are amended as 
        follows:
                  (A) Strike ``section 30112'' and substitute ``any of 
                sections 30112''.
                  (B) Insert ``any of' before ``those sections'' each 
                place it appears.
          (24) In section 30166(h), strike ``the judicial'' and 
        substitute ``any judicial''.
          (25) In section 30308(b), strike ``appropriated'' and 
        substitute ``authorized''.
          (26) In section 31501(l), strike ``section 203(f)'' and 
        substitute ``section 3(f)''.
          (27) In section 32101, the matter before clause (1) is 
        amended to read as follows:
  ``In this part (except chapter 329 and except as provided in section 
33101)--''.
          (28) Item 32309 in the analysis of chapter 323 is amended to 
        read as follows:

``32309. Civil penalty for labeling violations.''.
          (29) Section 32304(a)(11) is amended to read as follows:
          ``(11) `passenger motor vehicle' has the same meaning given 
        that term in section 32101(10) of this title, except that it 
        includes any multi-purpose vehicle or light duty truck when 
        that vehicle or truck is rated at not more than 8,500 pounds 
        gross vehicle weight.''.
          (30) Section 32304(a)(14) is amended as follows:
                  (A) Insert ``the Northern Mariana Islands,'' after 
                ``Puerto Rico,''.
                  (B) Strike ``the Canal Zone,''.
          (31) In the catchline of section 32309, strike ``Criminal'' 
        and substitute ``Civil''.
          (32) In section 32505(b)(3), strike ``the judicial'' and 
        ``was conducted'' and substitute ``any judicial'' and ``is 
        conducted'', respectively.
          (33) In section 32703(3), strike ``public''.
          (34) Section 32705(c)(2)(A) is amended to read as follows:
          ``(A) the lessee's mileage disclosure requirements under 
        paragraph (1) of this subsection; and''.
          (35) In section 32706(e)(3), strike ``the judicial'' and 
        ``was conducted'' and substitute ``any judicial'' and ``is 
        conducted'', respectively.
          (36) Section 32904(b) is amended as follows:
                  (A) Redesignate paragraphs (3)-(6) as paragraphs (5)-
                (8), respectively.
                  (B) Strike ``(b) Separate Calculations for Passenger 
                Automobiles Manufactured Domestically and Not 
                Domestically.--(1)'' through the end of paragraph (2) 
                and substitute the following:
  ``(b) Separate Calculations for Passenger Automobiles Manufactured 
Domestically and Not Domestically.--(1)(A) Except as provided in 
paragraphs (6) and (7) of this subsection, the Administrator shall make 
separate calculations under subsection (a)(1)(B) of this section for--
          ``(i) passenger automobiles manufactured domestically by a 
        manufacturer (or included in this category under paragraph (5) 
        of this subsection); and
          ``(ii) passenger automobiles not manufactured domestically by 
        that manufacturer (or excluded from this category under 
        paragraph (5) of this subsection).
  ``(B) Passenger automobiles described in subparagraph (A)(i) and (ii) 
of this paragraph are deemed to be manufactured by separate 
manufacturers under this chapter.
  ``(2) In this subsection (except as provided in paragraph (3)), a 
passenger automobile is deemed to be manufactured domestically in a 
model year if at least 75 percent of the cost to the manufacturer is 
attributable to value added in the United States or Canada, unless the 
assembly of the automobile is completed in Canada and the automobile is 
imported into the United States more than 30 days after the end of the 
model year.
  ``(3)(A) In this subsection, a passenger automobile is deemed to be 
manufactured domestically in a model year, as provided in subparagraph 
(B) of this paragraph, if at least 75 percent of the cost to the 
manufacturer is attributable to value added in the United States, 
Canada, or Mexico, unless the assembly of the automobile is completed 
in Canada or Mexico and the automobile is imported into the United 
States more than 30 days after the end of the model year.
  ``(B) Subparagraph (A) of this paragraph applies to automobiles 
manufactured by a manufacturer and sold in the United States, 
regardless of the place of assembly, as follows:
          ``(i) A manufacturer that began assembling automobiles in 
        Mexico before model year 1992 may elect, during the period from 
        January 1, 1997, through January 1, 2004, to have subparagraph 
        (A) of this paragraph apply to all automobiles manufactured by 
        that manufacturer beginning with the model year that begins 
        after the date of the election.
          ``(ii) For a manufacturer that began assembling automobiles 
        in Mexico after model year 1991, subparagraph (A) of this 
        paragraph applies to all automobiles manufactured by that 
        manufacturer beginning with the model year that begins after 
        January 1, 1994, or the model year beginning after the date the 
        manufacturer begins assembling automobiles in Mexico, whichever 
        is later.
          ``(iii) A manufacturer not described in clause (i) or (ii) of 
        this subparagraph that assembles automobiles in the United 
        States or Canada, but not in Mexico, may elect, during the 
        period from January 1, 1997, through January 1, 2004, to have 
        subparagraph (A) of this paragraph apply to all automobiles 
        manufactured by that manufacturer beginning with the model year 
        that begins after the date of the election. However, if the 
        manufacturer begins assembling automobiles in Mexico before 
        making an election under this subparagraph, this clause does 
        not apply, and the manufacturer is subject to clause (ii) of 
        this subparagraph.
          ``(iv) For a manufacturer that does not assemble automobiles 
        in the United States, Canada, or Mexico, subparagraph (A) of 
        this paragraph applies to all automobiles manufactured by that 
        manufacturer beginning with the model year that begins after 
        January 1, 1994.
          ``(v) For a manufacturer described in clause (i) or (iii) of 
        this subparagraph that does not make an election within the 
        specified period, subparagraph (A) of this paragraph applies to 
        all automobiles manufactured by that manufacturer beginning 
        with the model year that begins after January 1, 2004.
  ``(C) The Secretary of Transportation shall prescribe reasonable 
procedures for elections under subparagraph (B) of this paragraph.
  ``(4) In this subsection, the fuel economy of a passenger automobile 
that is not manufactured domestically is deemed to be equal to the 
average fuel economy of all passenger automobiles manufactured by the 
same manufacturer that are not manufactured domestically.''.
                  (C) In paragraph (5)(B), as redesignated by 
                subparagraph (A) of this paragraph, strike ``paragraph 
                (2)(A)(i) and exclude under paragraph (2)(A)(ii)'' and 
                substitute ``paragraph (1)(A)(i) and exclude under 
                paragraph (1)(A)(ii)''.
                  (D) In paragraph (6)(A), as redesignated by 
                subparagraph (A) of this paragraph, strike ``paragraph 
                (2)(A)'' and substitute ``paragraph (1)(A)''.
          (37) In Section 32908(b)(1), insert ``on the automobile'' 
        after ``maintain the label''.
          (38) In section 32909(a)(1), strike ``section 32901-32904'' 
        and substitute ``any of sections 32901-32904''.
          (39) In section 32910(b), strike ``the judicial'' and ``was 
        conducted'' and substitute ``any judicial'' and ``is 
        conducted'', respectively.
          (40) In section 32911(a), strike ``, and 32917(b)'' and 
        substitute ``, 32917(b), and 32918''.
          (41) Section 32913(b)(1) is amended as follows:
                  (A) In the catchline, strike ``Penalty Reduction'' 
                and substitute ``Certification''.
                  (B) Strike ``the penalty should be reduced'' and 
                substitute ``a reduction in the penalty is necessary''.
          (42) Section 32916(b) is amended as follows:
                  (A) In paragraph (1), in the matter before clause 
                (A), strike ``section 32904(b)(4)'' each place it 
                appears and substitute ``section 32904(b)(6)''.
                  (B) In paragraph (1)(E), strike ``section 
                32904(b)(1)(A)'' and substitute ``section 
                32904(b)(2)''.
                  (C) In paragraph (2), strike ``section 32904(b)(4)'' 
                and substitute ``section 32904(b)(6)''.
          (43)(A) Section 32918 is redesignated as section 32919.
          (B) Insert after section 32917 the following:
``Sec. 32918. Retrofit devices
  ``(a) Definition.--In this section, the term `retrofit device' means 
any component, equipment, or other device--
          ``(1) that is designed to be installed in or on an automobile 
        (as an addition to, as a replacement for, or through alteration 
        or modification of, any original component, equipment, or other 
        device); and
          ``(2) that any manufacturer, dealer, or distributor of the 
        device represents will provide higher fuel economy than would 
        have resulted with the automobile as originally equipped,
as determined under regulations of the Administrator of the 
Environmental Protection Agency. The term also includes a fuel additive 
for use in an automobile.
  ``(b) Examination of Fuel Economy Representations.--The Federal trade 
Commission shall establish a program for systematically examining fuel 
economy representations made with respect to retrofit devices. Whenever 
the Commission has reason to believe that any representation may be 
inaccurate, the Commission shall request the Administrator to evaluate, 
in accordance with subsection (c) of this section, the retrofit device 
with respect to which the representation was made.
  ``(c) Evaluation of Retrofit Devices.--(1) On application of any 
manufacturer of a retrofit device (or prototype of a retrofit device), 
on request of the Commission under subsection (b) of this section, or 
on the motion of the Administrator, the Administrator shall evaluate, 
in accordance with regulations prescribed under subsection (e) of this 
section, any retrofit device to determine whether the retrofit device 
increases fuel economy and to determine whether the representations, if 
any, made with respect to the retrofit device are accurate.
  ``(2) If under paragraph (1) of this subsection, the Administrator 
tests, or causes to be tested, any retrofit device on the application 
of a manufacturer of the device, the manufacturer shall supply, at the 
manufacturer's expense, one or more samples of the device to the 
administrator and shall be liable for the costs of testing incurred by 
the Administrator. The procedures for testing retrofit devices so 
supplied may include a requirement for preliminary testing by a 
qualified independent testing laboratory, at the expense of the 
manufacturer of the device.
  ``(d) Results of Tests and Publication in Federal Register.--(1) The 
Administrator shall publish in the Federal Register a summary of the 
results of all tests conducted under this section, together with the 
Administrator's conclusions as to--
          ``(A) the effect of any retrofit device on fuel economy;
          ``(B) the effect of the device on emissions of air 
        pollutants; and
          ``(C) any other information the Administrator determines to 
        be relevant in evaluating the device.
  ``(2) The summary and conclusions shall also be submitted to the 
Secretary of Transportation and the Commission.
  ``(e) Regulations Establishing Tests and Procedures for Evaluation of 
Retrofit Devices.--The Administrator shall prescribe regulations 
establishing--
          ``(1) testing and other procedures for evaluating the extent 
        to which retrofit devices affect fuel economy and emissions of 
        air pollutants; and
          ``(2) criteria for evaluating the accuracy of fuel economy 
        representations made with respect to retrofit devices.''.
          (C) In the analysis of chapter 329, strike item 32918 and 
        substitute--

``32918. Retrofit devices.
``32919. Preemption.''.
          (44) Section 33101(2) is amended as follows:
                  (A) Strike ``sections 33102(c)(1) and'' and 
                substitute ``section''.
                  (B) Add at the end ``of this title''.
          (45) In section 33106(b)(3), strike ``subparagraph (2)(B) or 
        (C) of this paragraph'' and substitute ``paragraph (2)(B) or 
        (C) of this subsection''.
          (46) In section 40102(a)(30), strike ``subparts I and III'' 
        and substitute ``this subpart and subpart III''.
          (47) Section 40104 is amended as follows:
                  (A) Insert at the beginning of the text of the 
                section the following:
  ``(a) Developing Civil Aeronautics and Air Commerce.--''.
                  (B) Strike ``section'' and substitute ``subsection''.
                  (C) Add at the end the following:
  ``(b) Developing and Constructing Civil Supersonic Aircraft.--The 
Secretary of Transportation may develop and construct a civil 
supersonic aircraft.''.
          (48) Section 40110(a) is amended as follows:
                  (A) In the matter before clause (1), strike ``may''.
                  (B) In clause (1)--
                          (i) strike ``acquire,''; and
                          (ii) strike ``services or'' and substitute 
                        ``may acquire services, or, by condemnation or 
                        otherwise,''.
                  (C) In clause (2), insert ``may'' before ``dispose''.
                  (D) In clause (3), insert ``may'' before 
                ``construct''.
          (49) In section 41103(a), strike ``all-property'' and 
        substitute ``all-cargo''.
          (50) Section 41110(e) is amended to read as follows:
  ``(e) Continuing Requirements.--(1) hold a certificate issued under 
section 41102 of this title, an air carrier must continue to be fit, 
willing, and able to provide the transportation authorized by the 
certificate and to comply with this part and regulations of the 
Secretary.
  ``(2) After notice and an opportunity for a hearing, the Secretary 
shall amend, modify, suspend, or revoke any part of a certificate 
issued under section 41102 of this title if the Secretary finds that 
the air carrier--
          ``(A) is not fit, willing, and able to provide the 
        transportation authorized by the certificate and to comply with 
        this part and regulations of the Secretary; or
          ``(B) does not file reports necessary for the Secretary to 
        decide if the carrier is complying with the requirements of 
        clause (A) of this paragraph.''.
          (51)(A) Chapter 413 is amended by adding immediately after 
        section 41311 the following:
``Sec. 41312. Ending or suspending foreign air transportation
  ``(a) General.--An air carrier holding a certificate issued under 
section 41102 of this title to provide foreign air transportation--
          ``(1) may end or suspend the transportation to a place under 
        the certificate only when the carrier gives at least 90 days 
        notice of its intention to end or suspend the transportation to 
        the Secretary, any community affected by that decision, and the 
        State authority of the State in which a community is located; 
        and
          ``(2) if it is the only air carrier holding a certificate to 
        provide non-stop or single-plane foreign air transportation 
        between 2 places, may end or suspend the transportation between 
        those places only when the carrier gives at least 60 days 
        notice of its intention to end or suspend the transportation to 
        the Secretary and each community directly affected by that 
        decision.
  ``(b) Temporary Suspension.--The Secretary may authorize the 
temporary suspension of foreign air transportation under subsection (a) 
of this section when the Secretary finds the suspension is in the 
public interest.''.
          (B) The analysis of chapter 413 is amended by adding 
        immediately after item 41311 the following:

``41312. Ending or suspending foreign air transportation.''.
          (52) The chapter heading for chapter 417 is amended to read 
        as follows:

                ``CHAPTER 417--OPERATIONS OF CARRIERS''.

          (53) In section 41715(d)(1), strike ``41731(a)(3)'' and 
        substitute ``41731(a)(4)''.
          (54) In section 44502(b), insert ``Government'' before 
        ``money may be expended''.
          (55) In section 44701(d) and (e), strike ``section 44702-
        44716'' and substitute ``any of sections 44702-44716''.
          (56) In sections 44711(a)(2)(B), (5), and (7) and 46310(b), 
        insert ``any of sections'' before ``44702-44716''.
          (57) In section 44937, strike ``44906(a)(1) or (b)'' and 
        substitute ``44906''.
          (58) In section 45105(a), strike ``section 45102(a)(1)(A)'' 
        and substitute ``section 45102(a)(1)''.
          (59) Section 45302 is amended by adding at the end the 
        following:
  ``(e) Effective Date.--A fee may not be imposed under this section 
before the date on which the regulations prescribed under sections 
44111(d), 44703(f)(2), and 44713(d)(2) of this title take effect.''.
          (60) In section 46301--
                  (A) in subsection (a)(1)(A), strike ``section 41301-
                41306'' and ``section 44701(a)'' and substitute ``any 
                of sections 41301/41306'' and ``any of sections 
                44701(a)'', respectively;
                  (B) in subsections (a)(1)(A), (d)(2), and 
                (f)(1)(A)(i), strike ``section 44701(a)'' and 
                substitute ``any of sections 44701(a)''; and
                  (C) in subsection (c)(1)(A), strike ``section 41301-
                41306'' and substitute ``any of sections 41301-41306''.
          (61) In section 46502(a)(2)(B) and (b)(1)(B), insert 
        ``notwithstanding section 3559(b) of title 18,'' before ``if 
        the death''.
          (62) In section 47101(a)(12), strike ``Act'' and substitute 
        ``subchapter''.
          (63) Section 47104(c) is amended to read as follows:
  ``(c) Expiration of Authority.--After September 30, 1996, the 
Secretary may not incur obligations under subsection (b) of this 
section, except for obligations of amounts--
          ``(1) remaining available after that date under section 
        47117(b) of this title; or
          ``(2) recovered by the United States Government from grants 
        made under this chapter if the amounts are obligated only for 
        increases under section 47108(b)(2) and (3) of this title in 
        the maximum amount of obligations of the Government for any 
        other grant made under this title.''.
          (64) Section 47110(b)(2) is amended to read as follows:
          ``(2)(A) if the cost is incurred after the grant agreement is 
        executed and is for airport development or airport planning 
        carried out after the grant agreement is executed;
          ``(B) if the cost is incurred after June 1, 1989, by the 
        airport operator (regardless of when the grant agreement is 
        executed) as part of a Government-approved noise compatibility 
        program (including project formulation costs) and is consistent 
        with all applicable statutory and administrative requirements; 
        or
          ``(C) if the Government's share is paid only with amounts 
        apportioned under section 47114(c)(1)(A) and (2) of this title 
        and if the cost is incurred--
                  ``(i) during the fiscal year ending September 30, 
                1994;
                  ``(ii) before a grant agreement is executed for the 
                project but according to an airport layout plan the 
                Secretary approves before the cost is incurred and all 
                applicable statutory and administrative requirements 
                that would apply to the project if the agreement had 
                been executed; and
                  ``(iii) for work related to a project for which a 
                grant agreement previously was executed during the 
                fiscal year ending September 30, 1994,''.
          (65) In section 47113(a)(2), strike ``section 8(c) of the Act 
        (15 U.S.C. 637(c))'' and ``under section 8(c)'' and substitute 
        ``section 8(d) of the Act (15 U.S.C. 637(d))'' and ``under 
        section 8(d)'', respectively.
          (66) Section 47114(c) is amended as follows:
                  (A) in paragraph (1)(B), strike ``$400,000'' and 
                substitute ``$500,000''.
                  (B) In paragraph (3)--
                          (i) insert ``(A)'' after ``(3)'';
                          (ii) strike ``The'' and substitute ``Except 
                        as provided in subparagraph (B) of this 
                        paragraph, the'';
                          (iii) strike ``44'' each place it appears and 
                        substitute ``49.5'';
                          (iv) strike ``paragraph'' and substitute 
                        ``subparagraph''; and
                          (v) insert after subparagraph (A) the 
                        following new subparagraph:
  ``(B) If a law limits the amount subject to apportionment to less 
than $1,900,000,000 for a fiscal year, the total of all amounts 
apportioned under paragraphs (1) and (2) of this subsection may not be 
more than 44 percent of the amount subject to apportionment for that 
fiscal year. If this subparagraph requires reduction of an amount that 
otherwise would be apportioned under this subsection, the Secretary 
shall reduce proportionately the amount apportioned to each sponsor of 
an airport under paragraphs (1) and (2) until the 44 percent limit is 
achieved.''.
          (67) Section 47115 is amended by adding at the end the 
        following:
  ``(f) Minimum Amount To be Credited.--(1) In a fiscal year, at least 
$325,000,000 of the amount made available under section 48103 of this 
title shall be credited to the fund. The amount credited is exclusive 
of amounts that have been apportioned in a prior fiscal year under 
section 47114 of this title and that remain available for obligation.
  ``(2) In a fiscal year in which the amount credited under subsection 
(a) of this section is less than $325,000,000, the total amount 
calculated under paragraph (3) of this subsection shall be reduced by 
an amount that, when credited to the fund, together with the amount 
credited under subsection (a), equals $325,000,000.
  ``(3) For a fiscal year, the total amount available to reduce to 
carry out paragraph (2) of this subsection is the total of the amounts 
determined under sections 47114(c)(1)(A) and (2) and (d) and 47117(e) 
of this title. Each amount shall be reduced by an equal percentage to 
achieve the reduction.''.
          (68) Section 47117(e) is amended as follows:
                  (A) In paragraph (1)(A), strike ``10'' and substitute 
                ``5''.
                  (B) In paragraph (1)(C), strike ``2.5'' and 
                substitute ``1.5''.
                  (C) In paragraph (1)(D), strike ``5'' and substitute 
                ``.75''.
                  (D) In paragraph (2), strike ``2.5'' and substitute 
                ``1.5''.
          (69) Section 47119(b) is amended as follows:
                  (A) Redesignate clause (3) as clause (4).
                  (B) Strike clause (2) and substitute the following:
          ``(2) on approval of the Secretary, not more than $200,000 of 
        the amount that may be distributed for the fiscal year from the 
        discretionary fund established under section 47115 of this 
        title--
                  ``(A) to a sponsor of a nonprimary commercial service 
                airport to pay project costs allowable under section 
                47110(d) of this title; and
                  ``(B) to a sponsor of a reliever airport for the 
                types of project costs allowable under section 
                47110(d), including project costs allowable for a 
                commercial service airport that each year does not have 
                more than .05 percent of the total boarding in the 
                United States;
          ``(3) for use by a primary airport that each year does not 
        have more than .05 percent of the total boardings in the United 
        States, any part of amounts that may be distributed for the 
        fiscal year from the discretionary fund and small airport fund 
        to pay project costs allowable under section 47110(d) of this 
        title; or''.
          (70) In section 47128(c), strike ``subsection (b)(2) or (3)'' 
        and substitute ``subsection (b)(1)(B) or (C)''.
          (71) Section 47504(c) is amended as follows:
                  (A) in Paragraph (1)(A), add ``and'' after the 
                semicolon.
                  (B) In paragraph (1)(B), strike the semicolon and 
                substitute a period.
                  (C) Redesignate paragraph (1)(C) and (D) as paragraph 
                (2)(C) and (D).
                  (D) In paragraph (2)(A)(iii), strike ``and''.
                  (E) In paragraph (2)(B)(iii), strike the period and 
                substitute a semicolon.
                  (F) In paragraph (2)(C) and (D), as redesignated, 
                strike ``an airport operator or unit of local 
                government referred to in clause (A) or (B) of this 
                paragraph'' and substitute ``to an airport operator and 
                unit of local government referred to in paragraph 
                (1)(A) or (1)(B) of this subsection''.
          (72)(A) Chapter 475 is amended by inserting after section 
        47509 the following:
``Sec. 47510. Tradeoff allowance
  ``Notwithstanding another law or a regulation prescribed or order 
issued under that law, the tradeoff provisions contained in appendix C 
of part 36 of title 14, Code of Federal Regulations, apply in deciding 
whether an aircraft complies with subpart 1 of part 91 of title 14.''.
          (B) The analysis of chapter 475 is amended by inserting 
        immediately after item 47509 the following:

``47510. Tradeoff allowance.''.
          (73) Section 47531 is amended as follows:
                  (A) Strike ``sections 47528'' and substitute 
                ``section 47528''.
                  (B) Insert ``any of'' before ``those''.
                  (C) Insert ``any of sections'' before ``44702-
                44716''.
          (74) In section 47532, insert ``any of'' before ``sections''.
          (75) In section 60109(a)(2), strike ``60102(c)'' and 
        substitute ``60102(e)''.
          (76) In section 60112(d), add ``, including suspended or 
        restricted use of the facility physical inspection, testing, 
        repair, replacement, or other appropriate action'' after 
        ``action''.
          (77) Section 60117(i) is amended as follows:
                  (A) Insert ``(1)'' before ``After''.
                  (B) Add at the end the following:
  ``(2) In consultation with the Occupational Safety and Health 
administration, the Secretary shall establish procedures to notify the 
Administration of any pipeline accident in which an excavator that has 
caused damage to a pipeline may have violated a regulation of the 
Administration.''.
          (78) The chapter heading for chapter 701 is amended to read 
        as follows:

          ``CHAPTER 701--COMMERCIAL SPACE LAUNCH ACTIVITIES''.

          (79) The chapter heading for chapter 801 is amended to read 
        as follows:

                   ``CHAPTER 801--BILLS OF LADING''.

          (80) In section 40110(b)(2)(A), insert ``notwithstanding 
        section 1341(a)(1) of title 31,'' before ``lease''.
          (81) Section 41734(g)(2) is amended to read as follows:
          ``(2) the authority to be transferred is being used to 
        provide air service to another eligible place.''.

SEC. 7. TECHNICAL CHANGES TO OTHER LAWS.

  (a) Effective July 5, 1994--
          (1) Section 708 of the Railroad Revitalization and Regulatory 
        Reform Act of 1976 (Public Law 94-210, 90 Stat. 31) is 
        repealed.
          (2) Section 232A of the Act of October 12, 1984 (Public Law 
        98-473, 98 Stat. 2031), is repealed.
          (3) Section 4 of the Act of July 5, 1994 (Public Law 103-272, 
        108 Stat. 1360), is amended as follows:
                  (A) In subsection (f)(1)(H), insert ``of the 2d 
                sentence'' after ``end''.
                  (B) Subsection (f)(1)(N) is repealed.
                  (C) Subsection (j)(5)(B) is amended to read as 
                follows:
          ``(B) In the analysis of chapter 1, strike the 2 items 110 
        and item 111 and substitute--

``110. Saint Lawrence Seaway Development Corporation.
``111. Bureau of Transportation Statistics.''.
                  (D) Subsection (k)(3) is amended to read as follows:
          ``(3) In section 41902(b)--
                  ``(A) strike clause (2);
                  ``(B) redesignate clauses (3) and (4) as clauses (2) 
                and (3), respectively; and
                  ``(C) in clause (2), as redesignated, strike `clauses 
                (1) and (2)' and substitute `clause (1)'.''.
                  (E) Subsection (r)(1) is amended by striking ``the 
                Urban Mass Transportation Act of 1964,'' and 
                substituting ``the Federal Transit Act,''.
          (4) Section 5 of the Act of July 5, 1994 (Public Law 103-272, 
        108 Stat. 1374), is amended as follows:
                  (A) In subsection (e)(11), strike ```section' and'' 
                and substitute ```section 1679a(c)(2)' and''.
                  (B) In subsection (f)(1), strike ``the Urban Mass 
                Transportation Act of 1964'' wherever it appears and 
                substitute ``the Federal Transit Act''.
                  (C) In subsection (f)(2), strike ``the Urban Mass 
                Transportation Act of 1964,'' wherever it appears and 
                substitute ``the Federal Transit Act,''.
                  (D) In subsection (m)(25)(A), strike ``the Urban Mass 
                Transportation Act of 1964'' and substitute ``the 
                Federal Transit Act''.
          (5) The schedule of laws repealed contained in section 7(b) 
        of the Act of July 5, 1994 (Public Law 103-272, 108 Stat. 
        1395), related to the Act of December 22, 1987 (Public Law 100-
        202), is amended by striking out--
                  (A) ``, 106'' in the Section column;
                  (B) ``, 1329-433'' in the Statutes at Large Page 
                column; and
                  (C) ``, 2311'' in the U.S. Code Section column.
        Except with respect to the provisions of law restated as 
        section 31111 of title 49, United States Code, as enacted by 
        the Act of July 5, 1994 (Public Law 103-272, 108 Stat. 993), 
        the provisions of law within the purview of section 106 of the 
        Act of December 22, 1987 (Public Law 100-202, 101 Stat. 1329-
        433), shall be effective as if Public Law 103-272 had not been 
        enacted.
  (b) Effective August 23, 1994, section 101 of the Airport Improvement 
Program Temporary Extension Act of 1994 (Public Law 103-260, 108 Stat. 
698) is repealed.
  (c) Effective August 26, 1994, section 119(d) (2) and (3) of the 
Hazardous Materials Transportation Authorization Act of 1994 (Public 
Law 103-311, 108 Stat. 1680) is amended to read as follows:
          ``(2) Section 5116(i)(1) is amended by striking `and section 
        5107(e) of this title'.
          ``(3) Section 5116(i)(3) is amended by striking `5107(e), 
        5108(g)(2),' and substituting `5108(g)(2)'.''
  (d) Section 9001(1)(D) of the Solid Waste Disposal Act (42 U.S.C. 
6991(1)(D)) is amended to read as follows:
                  ``(D) pipeline facility (including gathering lines)--
                          ``(i) which is regulated under chapter 601 of 
                        title 49, United States Code, or
                          ``(ii) which is an intrastate pipeline 
                        facility regulated under State laws as provided 
                        in chapter 601 of title 49, United States Code,
                and which is determined by the Secretary to be 
                connected to a pipeline or to be operated or intended 
                to be capable of operating at pipeline pressure or as 
                an integral part of a pipeline,''.
  (e) The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended as follows:
          (1) In section 101(26), strike ``pipeline'' and substitute 
        ``a hazardous liquid pipeline facility''.
          (2) In section 107(c)(1)(C), strike ``pipeline'' and 
        substitute ``hazardous liquid pipeline facility''.

SEC. 8. REPEAL OF OTHER LAWS.

  (1) The last proviso of the 1st paragraph and the words after the 
last semicolon in the 2d paragraph under the heading ``Civil 
Aeronautics Administration'' in section 301 of the Act of June 3, 1948 
(ch. 400, 62 Stat. 323, 324), are repealed.
  (2) The 1st paragraph related to the transfer of aircraft and 
equipment and the last proviso of the 2d paragraph under the heading 
``Civil Aeronautics Administration'' in section 301 of the Act of July 
20, 1949 (ch. 354, 63 Stat. 464), are repealed.
  (3) The 1st paragraph related to the transfer of aircraft and 
equipment and the last proviso of the 2d paragraph under the heading 
``Civil Aeronautics Administration'', and the proviso of the paragraph 
under the heading ``Civil Aeronautics Board'', in section 301 of the 
Act of September 6, 1950 (ch. 896, 64 Stat. 621, 622, 624), are 
repealed.
  (4) The 1st paragraph related to the transfer of aircraft and 
equipment and the last proviso of the 2d paragraph under the heading 
``Civil Aeronautics Administration'', and the proviso of the paragraph 
under the heading ``Civil Aeronautics Board'', in section 301 of the 
Act of Oct. 22, 1951 (ch. 533, 65 Stat. 587, 588, 589), are repealed.
  (5) the 1st paragraph related to the transfer of aircraft and 
equipment and the last proviso of the 2d paragraph under the heading 
``Civil Aeronautics Administration'' in section 301 of the Act of July 
10, 1952 (ch. 651, 66 Stat. 562), are repealed.
  (6) Sections 404(f), 814, 815, and 901 of the Rail Passenger Service 
Act (Public Law 91-518, 84 Stat. 1327, 1341) are repealed.
  (7) Section 7(c) of the Noise Control Act of 1972 (Public Law 92-574, 
86 Stat. 1241) is repealed.
  (8) Section 46 of the Airline Deregulation Act of 1978 (Public Law 
95-504, 92 Stat. 1754) is repealed.
  (9) Section 316 of the Surface Transportation Assistance Act of 1978 
(Public Law 95-599, 92 Stat. 2751) is repealed.
  (10) Sections 207 and 210 of the National Driver Register Act of 1982 
(Public Law 97-364, 96 Stat. 1745, 1747) are repealed.
  (11) Section 144 of the Surface Transportation Assistance Act of 1982 
(Public Law 97-424, 96 Stat. 2129) is repealed.
  (12) Section 8 of the Civil Aeronautics Board Sunset Act of 1984 
(Public Law 98-443, 98 Stat. 1706) is repealed.
  (13) The Act of October 11, 1984 (Public Law 98-466, 98 Stat. 1825), 
is repealed.
  (14) Sections 108(c) and 307 of the Pipeline Safety Reauthorization 
Act of 1988 Public Law 100-561, 102 Stat. 2809, 2817) are repealed.
  (15) Sections 1 and 15(a), (c), (e), (f), and (g)(2) of the Sanitary 
Food Transportation Act of 1990 (Public Law 101-500, 104 Stat. 1213, 
1218, 1219, 1220, 1221) are repealed.
  (16) Sections 1, 8, and 10 of the Independent Safety Board Act 
Amendments of 1990 (Public Law 101-641, 104 Stat. 4654, 4657, 4658) are 
repealed.
  (17) Sections 11 and 13 of the Amtrak Authorization and Development 
Act (Public Law 102-533, 106 Stat. 3520, 3522) are repealed.
  (18) Section 319 of the Department of Transportation and Related 
Agencies Appropriations Act, 1994 (Public Law 103-122, 107 Stat. 1222) 
is repealed.

SEC. 9. EFFECTIVE DATE.

  The amendments made by sections 6(2)-(15), (19)-(35), (37)-(39), 
(41), (44)-(52), (54)-(62), (65), (66)(B), (70), (73)-(76), and (78)-
(81) of this Act shall take effect on July 5, 1994.

SEC. 10. LEGISLATIVE PURPOSE AND CONSTRUCTION.

  (a) No Substantive Change.--This Act restates, without substantive 
change, laws enacted before September 26, 1994, that were replaced by 
this Act. This Act may not be construed as making a substantive change 
in the laws replaced. Laws enacted after September 25, 1994, that are 
inconsistent with this Act supersede this Act to the extent of the 
inconsistency.
  (b) References.--A reference to a law replaced by this Act, including 
a reference in a regulation, order, or other law, is deemed to refer to 
the corresponding provision enacted by this Act.
  (c) Continuing Effect.--An order, rule, or regulation in effect under 
a law replaced by this Act continues in effect under the corresponding 
provision enacted by this Act until repealed, amended, or superseded.
  (d) Actions and Offenses Under Prior Law.--An action taken or an 
offense committed under a law replaced by this Act is deemed to have 
been taken or committed under the corresponding provision enacted by 
this Act.
  (e) Inferences.--An inference of a legislative construction is not to 
be drawn by reason of the location in the United States Code of a 
provision enacted by this Act or by reason of a caption or catch line 
of the provision.
  (f) Severability.--If a provision enacted by this Act is held 
invalid, all valid provisions that are severable from the invalid 
provision remain in effect. If a provision enacted by this Act is held 
invalid in any of its applications, the provision remains valid for all 
valid applications that are severable from any of the invalid 
applications.

SEC. 11. REPEALS.

  (a) Inferences of Repeal.--The repeal of a law by this Act may not be 
construed as a legislative inference that the provision was or was not 
in effect before its repeal.
  (b) Repealer Schedule.--The laws specified in the following schedule 
are repealed, except for rights and duties that matured, penalties that 
were incurred, and proceedings that were before the date of enactment 
of this Act:

                                            Schedule of Laws Repealed                                           
                                                Statutes at Large                                               
----------------------------------------------------------------------------------------------------------------
                                                                      Statutes at Large            U.S. Code    
        Date            Chapter or Public         Section       ------------------------------------------------
                               Law                               Volume          Page         Title    Section  
----------------------------------------------------------------------------------------------------------------
1972 Oct. 20........  92-513..............  503, 511...........  ......  ...................     15   2003, 2011
1975 Dec. 22........  94-163..............  301 ``Sec. 511''...      89  915................     15         2011
1980 Feb. 18........  96-193..............  305................      94  57.................     49         2125
                                                                                               App.             
1982 Sept. 3........  97-248..............  505, 507, 508, 513.      96  677, 679, 682, 689.     49  2204, 2206,
                                                                                               App.   2207, 2212
1992 Oct. 24........  102-508.............  304(c).............     106  3308...............     49   1682(note)
1993 Dec. 8.........  103-182.............  371................     107  2127...............     15         2003
1994 May 26.........  103-260.............  102-107, 109.......     108  698, 700...........     49        2204,
                                                                                               App.  2204(note),
                                                                                                     2206(note),
                                                                                                      2207, 2212
July 5..............  103-272.............  4(c)...............     108  1361...............  .....  ...........
----------------------------------------------------------------------------------------------------------------

      Passed the House of 
      Representatives October 4, 
      1994.
      Attest:






                                                                 Clerk.
103d CONGRESS

  2d Session

                               H.R. 4778

_______________________________________________________________________

                                 AN ACT

      To codify without substantive change recent laws related to 
         transportation and to improve the United States Code.