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

103d CONGRESS
  2d Session
                                H. R. 4778

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 1994

  Mr. Brooks introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      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 18, UNITED STATES CODE.

  Section 2333(b) of title 18, United States Code, is amended by 
striking ``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 substituting ``section 46314, 46502, 46505, or 46506 of title 49''.

SEC. 2. 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)(A) Strike section 335.
          (B) In the analysis of chapter 3, strike the item related to 
        section 335.
          (3) In section 5115(b)(1)(C), strike ``126'' and substitute 
        ``126(g)''.
          (4) In section 5318(e), insert ``Uniform'' before 
        ``Relocation''.
          (5) In section 5326(a)(3), strike ``regulations'' and 
        substitute ``guidelines''.
          (6) In section 5331(a)(3), strike ``subchapter III of chapter 
        201 or section 31306'' and substitute ``section 20140 or 
        31306''.
          (7) 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.)''.
          (8) In section 20136(2), strike ``subsection'' and substitute 
        ``section''.
          (9) In section 22108(a)(3), insert ``under this subsection'' 
        after ``appropriated''.
          (10) 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''.
          (11) In section 24904(a)(2), insert ``, by condemnation or 
        otherwise,'' after ``acquire''.
          (12) Section 32304(a)(14) is amended as follows:
                  (A) Insert ``the Northern Mariana Islands,'' after 
                ``Puerto Rico,''.
                  (B) Strike ``the Canal Zone,''.
          (13) 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)''.
          (14) 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)''.
          (15) 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''.
          (16) 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 new subsection:
  ``(b) Developing and Constructing Civil Supersonic Aircraft.--The 
Secretary of Transportation may develop and construct a civil 
supersonic aircraft.''.
          (17) 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) insert ``may acquire services or, by 
                        condemnation or otherwise,'' after 
                        ``obligation,''.
                  (C) In clause (2), insert ``may'' before ``dispose''.
                  (D) In clause (3), insert ``may'' before 
                ``construct''.
          (18) In section 44502(b), insert ``Government'' before 
        ``money may be expended''.
          (19) Section 47104(c) is amended to read as follows:
  ``(c) Expiration of Authority.--After June 30, 1994, 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.''.
          (20) 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 compatability 
        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 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;''.
          (21) 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.''.
          (22) Section 47115 is amended by adding at the end the 
        following new subsection:
  ``(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 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 paragraph (1) of this 
subsection, equals $325,000,000.
  ``(3) For a fiscal year, the total amount that may be reduced in 
carrying 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.''.
          (23) 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''.
          (24) 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 boardings 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''.
          (25) In section 47531, strike ``sections 47528'' and 
        substitute ``section 47528''.
          (26) Section 48103 is amended as follows:
                  (A) Strike ``$15,966,700,000'' and substitute 
                ``$15,413,157,000''.
                  (B) Strike ``1993'' and substitute ``1994''.

SEC. 3. TECHNICAL CHANGES TO OTHER LAWS.

  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 144 of the Surface Transportation Act of 1982 
        (Public Law 97-424, 96 Stat. 2129) is repealed.
          (3) 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 101-
        202), is amended by striking out--
                  (i) ``, 106'' in the Section column;
                  (ii) ``, 1329-433'' in the Statutes at Large Page 
                column; and
                  (iii) ``, 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 101-202, 101 Stat. 1329-
        433), shall be effective as if Public Law 103-272 had not been 
        enacted.

SEC. 4. EFFECTIVE DATE.

  The amendments made by sections 2(3)-(6), (8)-(12), (15)-(18), 
(21)(B), and (25) of this Act shall take effect on July 5, 1994.

SEC. 5. LEGISLATIVE PURPOSE AND CONSTRUCTION.

  (a) No Substantive Change.--This Act restates, without substantive 
change, laws enacted before July 12, 1994, that were replaced by those 
sections. Those sections may not be construed as making a substantive 
change in the laws replaced. Laws enacted after July 11, 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. 6. 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 begun 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 Law              Section          ---------------------------------------------------------------------
                                                                                    Volume             Page             <gr-thn-eq>Title      Section   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
           1972                                                                                                                                         
Oct. 20                     92-513....................  503.......................  ......  ..........................         15                   2003
                                                                                                                                                        
           1982                                                                                                                                         
Sept. 3                     97-248....................  505, 507, 508, 513........      96  677, 679, 682, 689........    49 App.            2204, 2206,
                                                                                                                                              2207, 2212
                                                                                                                                                        
           1993                                                                                                                                         
Dec. 8                      103-182...................  371.......................     107  2057......................         15                   2003
                                                                                                                                                        
           1994                                                                                                                                         
May 26                      103-260...................  101-107, 109..............     108  698, 700..................    49 App.                  2204,
                                                                                                                                             2204(note),
                                                                                                                                                   2206,
                                                                                                                                             2206(note),
                                                                                                                                              2207, 2212
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