[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2297 Introduced in House (IH)]
1st Session
H. R. 2297
To codify without substantive change laws related to transportation and
to improve the United States Code.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 12, 1995
Mr. Hyde introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To codify without substantive change laws related to transportation and
to improve the United States Code.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TITLE 18, UNITED STATES CODE.
Section 2721(b) of title 18, United States Code, is amended as
follows:
(1) In the matter before clause (1), strike ``the Automobile
Information Disclosure Act, the Motor Vehicle Information and
Cost Saving Act, the National Traffic and Motor Vehicle Safety
Act of 1966, the Anti-Car Theft Act of 1992, and the Clean Air
Act'' and substitute ``titles I and IV of the Anti Car Theft
Act of 1992, the Automobile Information Disclosure Act (15
U.S.C. 1231 et seq.), the Clean Air Act (42 U.S.C. 7401 et
seq.), and chapters 301, 305, and 321-331 of title 49''.
(2) In clause (9), strike ``the Commercial Motor Vehicle
Safety Act of 1986 (49 U.S.C. 2710 et seq.)'' and substitute
``chapter 313 of title 49''.
SECTION 2. TITLE 23, UNITED STATES CODE.
In the catchline for section 103(e)(4)(L) of title 23, United States
Code, strike ``fta'' and substitute ``chapter 53 of title 49''.
SECTION 3. TITLE 31, UNITED STATES CODE.
Title 31, United States Code, is amended as follows:
(1) In section 1105(a), redesignate clauses (27) through the
end as clauses (26) through the end.
(2) Section 9101(2) is amended as follows:
(A) Clause (J) is repealed.
(B) In clause (K), strike ``The'' and substitute
``the''.
(C) Redesignate clauses (K) through the end as
clauses (J) through the end.
SECTION 4. TITLE 39, UNITED STATES CODE.
In section 5201(5) of title 39, United States Code, strike ``section
10102(14)'' and substitute ``section 10102(15)''.
SECTION 5. TITLE 49, UNITED STATES CODE.
Title 49, United States Code, is amended as follows:
(1) In section 111(b)(4) and (g), strike ``the date of the
enactment of this section'' and substitute ``December 18,
1991''.
(2) Section 329 is amended as follows:
(A) In subsection (b)(1), strike ``(as those terms
are used in such Act)'' and substitute ``(as that term
is used in part A of subtitle VII of this title)''.
(B) In subsection (d), strike ``that Act'' and
substitute ``that part''.
(3) In section 521(b)(1)(B), strike ``the date of enactment
of this subparagraph'' and substitute ``November 3, 1990''.
(4) In sections 5119(b)(2), 5309(g)(1)(B) and (m)(3),
5328(b)(3), 5334(b)(1), 5335(b)-(d), 31134(c)(1)(B) and (C) and
(2), 40112(e)(2), 41105(b), 41310(f), 41714(e)(2), 42104(b),
44506(d), 44913(a)(2), 47107(k), 48102(d)(2), and 48109, strike
``Public Works and Transportation'' and substitute
``Transportation and Infrastructure''.
(5) In section 10101(a)(3), insert ``section 31138 of this
title and'' after ``enacted by''.
(6) In sections 10309(a), 20134(c)(2), 20145, 22108(b),
24314(b), 24702(c), and 24903(a), strike ``Committee on Energy
and Commerce'' and substitute ``Committee on Transportation and
Infrastructure''.
(7) In section 10321(b)(4), strike ``10922(c)(2)'' and
substitute ``10922(d)(2)''.
(8) In section 10322(a), strike ``10922(i)(2), 10922(i)(4)''
and ``10922(c)(2)(A)'' and substitute ``10922(j)(2),
10922(j)(4)'' and ``10922(d)(2)(A)'', respectively.
(9) In section 10362(a)(2), strike ``10905(b)(2)(A)'' and
substitute ``10905(d)(2)(A)''.
(10) In the analysis of chapter 105, strike item 10504 and
substitute--
``10504. Mass transportation exemption.''.
(11) In the catchline of section 10504, strike ``Exempt rail
mass transportation'' and substitute ``Mass transportation
exemption''.
(12) In section 10505(g), strike ``fitness..'' and substitute
``fitness.''.
(13) In section 10521(b)(1)-(3), strike ``10922(c)(2)'' and
substitute ``10922(d)(2)''.
(14) In section 10528, strike ``10922(b)'' and substitute
``10922(c)''.
(15) Section 10530 is amended as follows:
(A) In subsection (e)(2)(A), strike ``section 30 of
the Motor Carrier Act of 1980'' and substitute
``section 31139 of this title''.
(B) In subsection (i)(1), strike ``10922(l) of this
title on the effective date of this section'' and
substitute ``10922(m) of this title on May 1, 1985''.
(16) Section 10701(f)(8) is amended as follows:
(A) In the catchline for subclause (B), strike ``date
of enactment'' and substitute ``december 3, 1993''.
(B) In subclause (B), before subclause (i), strike
``the date of the enactment of this subsection'' and
substitute ``December 3, 1993,''.
(C) In subclauses (B)(ii) and (D)(ii), strike ``the
90th day following the date of the enactment of this
subsection'' and substitute ``March 3, 1994''.
(D) In the catchline for subclauses (C) and (D),
strike ``before or on date of enactment'' and
substitute ``before december 4, 1993''.
(E) In subclause (C), strike ``before or on the date
of the enactment of this subsection'' and substitute
``before December 4, 1993''.
(F) In subclause (D), before subclause (i), strike
``before or on the date of the enactment of this
subsection'' and substitute ``before December 4,
1993,''.
(17) In section 10702(c)(1), strike ``the 90th day following
the date of the enactment of this subsection'' and substitute
``March 3, 1994''.
(18) In section 10703(a)(4)(E), strike ``the date of
enactment of this subparagraph'' and substitute ``July 1,
1980''.
(19) In sections 10704(a)(3) and (4), 10705a(p)(1),
10706(a)(5)(C), 10707a(c)(1), 10709(d)(2)(A) and (5)(A),
10910(g)(2), and 11501(b)(3)(B), strike ``the effective date of
the Staggers Rail Act of 1980'' and substitute ``October 1,
1980,''.
(20) In sections 10705a(b)(2) and (c)(1), 10707a(c)(2)(B),
10713(j) and (m)(3), 10731(e), 10910(a)(2) and (k), 11161(f),
11162(a), 11164(a), 11167, and 11501(b)(2), strike ``the
effective date of the Staggers Rail Act of 1980'' and
substitute ``October 1, 1980''.
(21) Section 10706(b)(3) is amended as follows:
(A) In subparagraph (B)(ii), strike ``the date of
enactment of this subsection'' and substitute ``July 1,
1980''.
(B) In subparagraph (C), strike ``the date of
enactment of the Motor Carrier Act of 1980'' and
substitute ``July 1, 1980,''.
(C) In subparagraph (F), strike ``the effective date
of this subparagraph'' and substitute ``November 19,
1982''.
(22) Section 10708 is amended as follows:
(A) In subsection (d)(3)(A), strike ``the date of
enactment of this paragraph'' and substitute ``July 1,
1980,''.
(B) In subsection (d)(3)(B), strike ``the date of
enactment of this paragraph'' and substitute ``July 1,
1980''.
(C) In subsection (d)(4)(B), strike ``the effective
date of this paragraph'' and substitute ``November 19,
1982''.
(D) In subsection (d)(5), strike ``the effective date
of this paragraph'' and ``the effective date'' and
substitute in both places ``November 19, 1982''.
(E) In subsection (e), strike ``the effective date of
this subsection'' and substitute ``November 19, 1982''.
(23) In section 10711, strike ``10727,''.
(24) In section 10713(b)(2)(C) and (D), strike ``the date of
the enactment of the Conrail Privatization Act'' and substitute
``October 21, 1986''.
(25) In section 10751(c), strike ``the date of enactment of
the Motor Carrier Act of 1980'' and substitute ``July 1,
1980''.
(26) Section 10762 is amended as follows:
(A) Subsection (a) is amended as follows:
(i) In paragraph (1), strike ``the date of
enactment of such Act'' and substitute ``August
26, 1994''.
(ii) In paragraph (5), strike ``the date of
enactment of the Trucking Industry Regulatory
Reform Act of 1994'', ``the enactment of that
Act'', and ``that date'', and substitute
``August 26, 1994,'', ``August 26, 1994,'', and
``August 26, 1994'', respectively.
(B) Subsections (h) and (i) are amended as follows:
(i) Strike ``the date of the enactment of
this subsection'' and substitute ``December 3,
1993,''.
(ii) Strike ``such date of enactment'' and
substitute ``December 3, 1993''.
(C) In subsection (j), strike ``the date of enactment
of the Trucking Industry Regulatory Reform Act of
1994'' and substitute ``August 26, 1994''.
(27) Section 10766(c) is amended as follows:
(A) Before clause (1), strike ``the date of the
enactment of the Surface Freight Forwarder Deregulation
Act of 1986'' and substitute ``October 22, 1986''.
(B) In clause (2), strike ``801-842'' and ``843-848''
and substitute ``801 et seq.'' and ``843 et seq.'',
respectively.
(28) In section 10767(a), strike ``the date of the enactment
of this section'' and substitute ``December 3, 1993''.
(29) Section 10922 is amended as follows:
(A) In subsection (d)(1)(F)(i), strike ``the date of
the enactment of this paragraph'' and substitute
``April 2, 1987,''.
(B) In subsection (d)(2)(A), strike ``the effective
date of this subsection'' and substitute ``November 19,
1982,''.
(C) In subsection (d)(2)(B), strike ``the effective
date of this section'' and substitute ``November 19,
1982,''.
(D) In subsection (d)(3)(E), strike ``the date of the
enactment of this subparagraph'' and substitute ``April
2, 1987,''.
(E) In subsection (d)(6), strike ``section 18 of the
Bus Regulatory Reform Act of 1982'' and substitute
``section 31138 of this title''.
(F) In subsection (d)(7), strike ``10922(i)(4)'' and
substitute ``10922(j)(4)''.
(G) In subsection (j)(1), strike ``the date of
enactment of this subsection'' and substitute ``July 1,
1980''.
(H) In subsection (j)(3), strike ``the effective date
of this paragraph'' and substitute ``November 19,
1982''.
(I) In subsection (m)(1), strike ``the effective date
of this subsection'' and substitute ``September 20,
1982''.
(30) Section 10923 is amended as follows:
(A) Strike ``households'' each place it appears and
substitute ``household''.
(B) In subsection (c)(2), strike ``section 18 of the
Bus Regulatory Reform Act of 1982'' and substitute
``section 31138 of this title''.
(31) In section 10927(a)(1), strike ``section 30 of the Motor
Carrier Act of 1980, section 18 of the Bus Regulatory Reform
Act of 1982,'' and substitute ``sections 31138 and 31139 of
this title''.
(32) Section 10935 is amended as follows:
(A) In subsection (e)(2)(B), strike ``the effective
date of this section, or is granted on or after such
effective date'' and substitute ``November 19, 1982, or
is granted on or after November 19, 1982''.
(B) In subsection (h), strike ``10922(c)(4)'' and
substitute ``10922(d)(4)''.
(33) In section 11128(a)(1), strike ``11123(a)(4)'' and
substitute ``11123(a)(1)(D)''.
(34) In section 11164(a), strike ``the day prior to the
effective date of the Staggers Rail Act of 1980'' and
substitute ``September 30, 1980''.
(35) In section 11342(b)(2), strike ``the date of enactment
of this paragraph'' and substitute ``October 15, 1980''.
(36) In section 11506(c)(1), strike ``the date of the
enactment of the Intermodal Surface Transportation Efficiency
Act of 1991'' and ``such date of enactment'' and substitute in
both places ``December 18, 1991''.
(37) Section 11706 is amended as follows:
(A) In subsection (a)(1), strike ``the date of the
enactment of the Negotiated Rates Act of 1993'' and
substitute ``December 3, 1993''.
(B) In subsection (b)(1), strike ``the date of the
enactment of the Negotiated Rate Act of 1993'' and
substitute ``December 3, 1993''.
(38) In section 11712(c), strike ``the date of the enactment
of this section'' and substitute ``December 3, 1993''.
(39) In section 11901(g), strike ``the date of enactment of
this sentence'' and ``such date of enactment'' and substitute
``October 15, 1980'' and ``October 15, 1980,'', respectively.
(40) Section 20133(b) is amended as follows:
(A) In paragraph (1), strike ``the date of enactment
of the Federal Railroad Safety Authorization Act of
1994'' and substitute ``November 2, 1994''.
(B) In paragraph (2), strike ``such date of
enactment'' and substitute ``November 2, 1994''.
(41) In sections 20145, 20146, and 20151(a) and (c), strike
``the date of enactment of the Federal Railroad Safety
Authorization Act of 1994'' and substitute ``November 2,
1994''.
(42) In section 20152(b), strike ``the date of enactment of
this section'' and ``that date'' and substitute ``November 2,
1994'' and ``November 2, 1994,'', respectively.
(43) In section 20153(g), strike ``the date of enactment of
this section'' wherever it appears and substitute ``November 2,
1994''.
(44) Add at the end of section 20301(b) the following:
``(4) a car, locomotive, or train used on a street
railway.''.
(45)(A) Insert after section 28102 the following:
``CHAPTER 283--MAXIMUM HOURS OF WORK
``Sec.
``28301. General.
``28302. Penalties.
``Sec. 28301. General
``(a) Eight Hour Day.--In contracts for labor and service, 8 hours
shall be a day's work and the standard day's work for determining the
compensation for services of an employee employed by a common carrier
by railroad subject to subtitle IV of this title and actually engaged
in any capacity in operating trains used for transporting passengers or
property on railroads from--
``(1) a State of the United States or the District of
Columbia to any other State or the District of Columbia;
``(2) one place in a territory or possession of the United
States to another place in the same territory or possession;
``(3) a place in the United States to an adjacent foreign
country; or
``(4) a place in the United States through a foreign country
to any other place in the United States.
``(b) Application.--Subsection (a) of this section--
``(1) does not apply to--
``(A) an independently owned and operated railroad
not exceeding one hundred miles in length;
``(B) an electric street railroad; and
``(C) an electric interurban railroad; but
``(2) does apply to an independently owned and operated
railroad less than one hundred miles in length--
``(A) whose principal business is leasing or
providing terminal or transfer facilities to other
railroads; or
``(B) engaged in transfers of freight between
railroads or between railroads and industrial plants.
``Sec. 28302. Penalties
``A person violating section 28301 of this title shall be fined under
title 18, imprisoned not more one year, or both.''.
(B) In the analysis for subtitle V, insert after item 281 the
following:
MAXIMUM HOURS OF WORK...........................................28301''.
(46) In section 30144(a)(1)(A), strike ``Organization'' and
substitute ``Organizations''.
(47) In section 30168(c), strike ``Committees on Energy and
Commerce and Public Works and Transportation'' and substitute
``Committees on Commerce and Transportation and
Infrastructure''.
(48) In section 32702(8), insert ``any'' after ``or''.
(49) Section 32705 is amended as follows:
(A) In the catchline for subsection (a), strike
``Written''.
(B) Subsection (a)(2) and (3) is amended to read as
follows:
``(2) A person transferring ownership of a motor vehicle may not
violate a regulation prescribed under this section or give a false
statement to the transferee in making the disclosure required by such a
regulation.
``(3) A person acquiring a motor vehicle for resale may not accept a
written disclosure under this section unless it is complete.''.
(D) In subsection (b)(3)(A), strike ``may'' and
``only if'' and substitute ``may not'' and ``unless'',
respectively.
(50) In sections 32904(b)(6)(C) and 32905(g), strike
``Committee on Energy and Commerce'' and substitute ``Committee
on Commerce''.
(51) In the analysis of subtitle VII, strike the item related
to part D and item 491 and substitute--
``PART D--PUBLIC AIRPORTS
METROPOLITAN WASHINGTON AIRPORTS...................................49101
``PART E--MISCELLANEOUS
BUY-AMERICAN PREFERENCES........................................50101''.
(52) In section 40109(c), insert ``41311, 41312,'' after
``41308-41310(a),'' and ``41714, 41715,'' after ``41712,''.
(53) In section 40116(d)(2)(A)(iv), strike ``Levy'' and ``the
date of enactment of this clause'' and substitute ``levy'' and
``August 23, 1994'', respectively.
(54) Section 40117(e)(2) is amended as follows:
(A) In clause (B), insert ``and'' after the
semicolon.
(B) Strike clause (C).
(C) Redesignate clause (D) as clause (C).
(55) In the catchline for section 40118(d), strike
``Transportation by Foreign Air Carriers'' and substitute
``Certain Transportation by Air Outside the United States''.
(56)(A) Add at the end of chapter 401 the following:
``Sec. 40121. Interstate agreements for airport facilities
``Congress consents to a State making an agreement, not in conflict
with a law of the United States, with another State to develop or
operate an airport facility.''.
(B) In the analysis for chapter 401, insert after item 40120
the following:
``40121. Interstate agreements for airport facilities.''.
(57) In section 41714(d)(1), strike ``sections 6005(c)(5) and
6009(e) of the Metropolitan Washington Airports Act of 1986''
and substitute ``sections 49104(a)(5) and 49110(e) of this
title''.
(58) In sections 44501(c)(1), 44511(e), 48102(c)(2)(A) and
(d)(2), and 70112(d)(1), strike ``Science, Space, and
Technology'' and substitute ``Science''.
(59) Section 44502 is amended as follows:
(A) In subsection (c)(1), strike ``To ensure that''
and substitute ``To ensure''.
(B) Strike subsection (e) and redesignate subsection
(f) as subsection (e).
(60) In section 45301(c)(5), strike ``the date of the
enactment of this subsection'' and substitute ``August 23,
1994,''.
(61) In section 46301(a)(1)(A), insert ``44718,'' after
``44702-44716,''.
(62) In section 47107(l)(1), strike ``the date of the
enactment of this subsection'' and substitute ``August 23,
1994''.
(63) Section 47115 is amended as follows:
(A) Subsection (f)(2) as enacted by section 112(d) of
the Federal Aviation Administration Authorization Act
of 1994 (Public Law 103-305, 108 Stat. 1576) is amended
by striking ``the date of the enactment of this
subsection'' and substituting ``August 23, 1994''.
(B) Subsection (f) as enacted by section 6(67) of the
Act of October 31, 1994 (Public Law 103-429, 108 Stat.
4386), is redesignated subsection (g).
(64) In section 47118(a), strike ``on or before the date of
the enactment of this sentence'' and substitute ``before August
24, 1994''.
(65) Section 47129 is amended as follows:
(A) In subsection (a)(1), strike ``of this subtitle''
and substitute ``of this title''.
(B) In subsections (b), (e)(2), and (f)(2), strike
``the date of the enactment of this section'' and
substitute ``August 23, 1994''.
(C) In subsection (e)(3), strike ``such date of
enactment'' and substitute ``August 23, 1994''.
(66) In section 47509(d), strike ``the date of the enactment
of this section'' and substitute ``August 23, 1994''.
(67)(A) Part D is redesignated as part E.
(B) Chapter 491 is redesignated as chapter 501.
(C) Items 49101-49105 in the analysis of chapter 501, as
redesignated by subparagraph (B) of this paragraph, are
redesignated as items 50101-50105.
(D) Sections 49101-49105 are redesignated as sections 50101-
50105.
(68) Insert after part C of subtitle VII the following:
``PART D--PUBLIC AIRPORTS
``CHAPTER 491--METROPOLITAN WASHINGTON AIRPORTS
``Sec.
``49101. Findings.
``49102. Purpose.
``49103. Definitions.
``49104. Lease of Metropolitan Washington Airports.
``49105. Capital improvements, construction, and rehabilitation.
``49106. Metropolitan Washington Airports Authority.
``49107. Board of Review.
``49108. Federal employees at Metropolitan Washington Airports.
``49109. Nonstop flights.
``49110. Relationship to and effect of other laws.
``49111. Separability.
``Sec. 49101. Findings
``Congress finds that--
``(1) the 2 federally owned airports in the metropolitan area
of the District of Columbia constitute an important and growing
part of the commerce, transportation, and economic patterns of
Virginia, the District of Columbia, and the surrounding region;
``(2) Baltimore/Washington International Airport, owned and
operated by Maryland, is an air transportation facility that
provides service to the greater Metropolitan Washington region
together with the 2 federally owned airports, and timely
Federal-aid grants to Baltimore/Washington International
Airport will provide additional capacity to meet the growing
air traffic needs and to compete with other airports on a fair
basis;
``(3) the United States Government has a continuing but
limited interest in the operation of the two federally owned
airports, which serve the travel and cargo needs of the entire
Metropolitan Washington region as well as the District of
Columbia as the national seat of government;
``(4) operation of the Metropolitan Washington Airports by an
independent local authority will facilitate timely improvements
at both airports to meet the growing demand of interstate air
transportation occasioned by the Airline Deregulation Act of
1978 (Public Law 95-504; 92 Stat. 1705);
``(5) all other major air carrier airports in the United
States are operated by public entities at the State, regional,
or local level;
``(6) any change in status of the 2 airports must take into
account the interest of nearby communities, the traveling
public, air carriers, general aviation, airport employees, and
other interested groups, as well as the interests of the United
States Government and State governments involved;
``(7) in recognition of a perceived limited need for a
Federal role in the management of these airports and the
growing local interest, the Secretary of Transportation has
recommended a transfer of authority from the Federal to the
local/State level that is consistent with the management of
major airports elsewhere in the United States;
``(8) an operating authority with representation from local
jurisdictions, similar to authorities at all major airports in
the United States, will improve communications with local
officials and concerned residents regarding noise at the
Metropolitan Washington Airports;
``(9) a commission of congressional, State, and local
officials and aviation representatives has recommended to the
Secretary that transfer of the federally owned airports be as a
unit to an independent authority to be created by Virginia and
the District of Columbia; and
``(10) the Federal interest in these airports can be provided
through a lease mechanism which provides for local control and
operation.
``Sec. 49102. Purpose
``(a) General.--The purpose of this chapter is to authorize the
transfer of operating responsibility under long-term lease of the 2
Metropolitan Washington Airport properties as a unit, including access
highways and other related facilities, to a properly constituted
independent airport authority created by Virginia and the District of
Columbia, in order to achieve local control, management, operation, and
development of these important transportation assets.
``(b) Inclusion of Baltimore/Washington International Airport Not
Precluded.--This chapter does not prohibit the Airports Authority and
Maryland from making an agreement to make Baltimore/Washington
International Airport part of a regional airports authority, subject to
terms agreed to by the Airports Authority, the Secretary of
Transportation, Virginia, the District of Columbia, and Maryland.
``Sec. 49103. Definitions
``In this chapter--
``(1) `Airports Authority' means the Metropolitan Washington
Airports Authority, a public authority created by Virginia and
the District of Columbia consistent with the requirements of
sections 49106 and 49107 of this title.
``(2) `employee' means any permanent Federal Aviation
Administration personnel employed by the Metropolitan
Washington Airports on June 7, 1987.
``(3) `Metropolitan Washington Airports' means Washington
National Airport and Washington Dulles International Airport.
``(4) `Washington Dulles International Airport' means the
airport constructed under the Act of September 7, 1950 (ch.
905, 64 Stat. 770), and includes the Dulles Airport Access
Highway and Right-of-way, including the extension between
Interstate Routes I-495 and I-66.
``(5) `Washington National Airport' means the airport
described in the Act of June 29, 1940 (ch. 444, 54 Stat. 686).
``Sec. 49104. Lease of Metropolitan Washington Airports
``(a) General.--The lease the Secretary of Transportation made with
the Metropolitan Washington Airports Authority under section 6005(a) of
the Metropolitan Washington Airports Act of 1986 (Public Law 99-500,
100 Stat. 1783-375, Public Law 99-591, 100 Stat. 3341-378), for the
Metropolitan Washington Airports must provide during its 50-year term
for at least the following:
``(1) The Airports Authority shall operate, maintain,
protect, promote, and develop the Metropolitan Washington
Airports as a unit and as primary airports serving the
metropolitan Washington area.
``(2)(A) In this paragraph, `airport purposes' means a use of
property interests (except a sale) for--
``(i) aviation business or activities;
``(ii) activities necessary or appropriate to serve
passengers or cargo in air commerce; or
``(iii) nonprofit, public use facilities.
``(B) During the period of the lease, the real property
constituting the Metropolitan Washington Airports shall be used
only for airport purposes.
``(C) If the Secretary decides that any part of the real
property leased to the Airports Authority under this chapter is
used for other than airport purposes, the Secretary shall--
``(i) direct that the Airports Authority take
appropriate measures to have that part of the property
be used for airport purposes; and
``(ii) retake possession of the property if the
Airports Authority fails to have that part of the
property be used for airport purposes within a
reasonable period of time, as the Secretary decides.
``(3) The Airports Authority is subject to section 47107(a)-
(c) and (e) of this title and to the assurances and conditions
required of grant recipients under the Airport and Airway
Improvement Act of 1982 (Public Law 97-248, 96 Stat. 671) as in
effect on June 7, 1987. Notwithstanding section 47107(b) of
this title, all revenues generated by the Metropolitan
Washington Airports shall be expended for the capital and
operating costs of the Metropolitan Washington Airports.
``(4) In acquiring by contract supplies or services for an
amount estimated to be more than $200,000, or awarding
concession contracts, the Airports Authority to the maximum
extent practicable shall obtain complete and open competition
through the use of published competitive procedures. By a vote
of 7 members, the Airports Authority may grant exceptions to
the requirements of this paragraph.
``(5)(A) Except as provided in subparagraph (B) of this
paragraph, all regulations of the Metropolitan Washington
Airports (14 C.F.R. part 159) become regulations of the
Airports Authority as of June 7, 1987, and remain in effect
until modified or revoked by the Airports Authority under
procedures of the Airports Authority.
``(B) Sections 159.59(a) and 159.191 of title 14, Code of
Federal Regulations, do not become regulations of the Airports
Authority.
``(C) The Airports Authority may not increase or decrease the
number of instrument flight rule takeoffs and landings
authorized by the High Density Rule (14 C.F.R. 93.121 et seq.)
at Washington National Airport on October 18, 1986, and may not
impose a limitation on the number of passengers taking off or
landing at Washington National Airport.
``(6)(A) Except as specified in subparagraph (B) of this
paragraph, the Airports Authority shall assume all rights,
liabilities, and obligations of the Metropolitan Washington
Airports on June 7, 1987, including leases, permits, licenses,
contracts, agreements, claims, tariffs, accounts receivable,
accounts payable, and litigation related to those rights and
obligations, regardless whether judgment has been entered,
damages awarded, or appeal taken. The Airports Authority must
cooperate in allowing representatives of the Attorney General
and the Secretary adequate access to employees and records when
needed for the performance of duties and powers related to the
period before June 7, 1987. The Airports Authority shall assume
responsibility for the Federal Aviation Administration's Master
Plans for the Metropolitan Washington Airports.
``(B) The procedure for disputes resolution contained in any
contract entered into on behalf of the United States Government
before June 7, 1987, continues to govern the performance of the
contract unless otherwise agreed to by the parties to the
contract. Claims for monetary damages founded in tort, by or
against the Government as the owner and operator of the
Metropolitan Washington Airports, arising before June 7, 1987,
shall be adjudicated as if the lease had not been entered into.
``(C) The Administration is responsible for reimbursing the
Employees' Compensation Fund, as provided in section 8147 of
title 5, for compensation paid or payable after June 7, 1987,
in accordance with chapter 81 of title 5 for any injury,
disability, or death due to events arising before June 7, 1987,
whether or not a claim was filed or was final on that date.
``(D) The Airports Authority shall continue all collective
bargaining rights enjoyed by employees of the Metropolitan
Washington Airports before June 7, 1987.
``(7) The Comptroller General may conduct periodic audits of
the activities and transactions of the Airports Authority in
accordance with generally accepted management principles, and
under regulations the Comptroller General may prescribe. An
audit shall be conducted where the Comptroller General
considers it appropriate. All records and property of the
Airports Authority shall remain in possession and custody of
the Airports Authority.
``(8) The Airports Authority shall maintain a code of ethics
and financial disclosure to ensure the integrity of all
decisions made by its board of directors and employees. The
code shall include standards by which members of the board will
decide, for purposes of section 49106(d) of this title, what
constitutes a substantial financial interest and the
circumstances under which an exception to the conflict of
interest prohibition may be granted.
``(9) A landing fee imposed for operating an aircraft or
revenues derived from parking automobiles--
``(A) at Washington Dulles International Airport may
not be used for maintenance or operating expenses
(excluding debt service, depreciation, and
amortization) at Washington National Airport; and
``(B) at Washington National Airport may not be used
for maintenance or operating expenses (excluding debt
service, depreciation, and amortization) at Washington
Dulles International Airport.
``(10) The Airports Authority shall compute the fees and
charges for landing general aviation aircraft at the
Metropolitan Washington Airports on the same basis as the
landing fees for air carrier aircraft, except that the Airports
Authority may require a minimum landing fee that is not more
than the landing fee for aircraft weighing 12,500 pounds.
``(11) The Secretary shall include other terms applicable to
the parties to the lease that are consistent with, and carry
out, this chapter.
``(b) Payments.--Under the lease, the Airports Authority must pay to
the general fund of the Treasury annually an amount, computed using the
GNP Price Deflator, equal to $3,000,000 in 1987 dollars. The Secretary
and the Airports Authority may renegotiate the level of lease payments
attributable to inflation costs every 10 years.
``(c) Enforcement of Lease Provisions.--The district courts of the
United States have jurisdiction to compel the Airports Authority and
its officers and employees to comply with the terms of the lease. An
action may be brought on behalf of the United States by the Attorney
General, or by any aggrieved party.
``(d) Extension of Lease.--The Secretary and the Airports Authority
may at any time negotiate an extension of the lease.
``Sec. 49105. Capital improvements, construction, and rehabilitation
``(a) Sense of Congress.--It is the sense of Congress that the
Metropolitan Washington Airports Authority--
``(1) should pursue the improvement, construction, and
rehabilitation of the facilities at Washington Dulles
International Airport and Washington National Airport
simultaneously; and
``(2) to the extent practicable, should cause the
improvement, construction, and rehabilitation proposed by the
Secretary of Transportation to be completed at Washington
Dulles International Airport and Washington National Airport
within 5 years after the earliest date on which the Airports
Authority issues bonds under section 49106(b)(1)(B) of this
title for that improvement, construction, or rehabilitation.
``(b) Secretary's Assistance.--The Secretary shall assist the 3
airports serving the District of Columbia metropolitan area in planning
for operational and capital improvements at those airports and shall
accelerate consideration of applications for United States Government
financial assistance by whichever of the 3 airports is most in need of
increasing airside capacity.
``Sec. 49106. Metropolitan Washington Airports Authority
``(a) Status.--The Metropolitan Washington Airports Authority is--
``(1) a public authority with the powers and jurisdiction--
``(A) conferred upon it jointly by the legislative
authority of Virginia and the District of Columbia or
by either of them when agreed to by the legislative
authority of the other jurisdiction; and
``(B) that at least meet the specifications of this
section and section 49107 of this title;
``(2) independent of Virginia and its local governments, the
District of Columbia, and the United States Government; and
``(3) a political subdivision constituted only to operate and
improve the Metropolitan Washington Airports as primary
airports serving the Metropolitan Washington area.
``(b) General Authority.--(1) The Airports Authority shall be
authorized--
``(A) to acquire, maintain, improve, operate, protect, and
promote the Metropolitan Washington Airports for public
purposes;
``(B) to issue bonds from time to time for public purposes,
including paying any part of the cost of airport improvements,
construction, and rehabilitation and the acquisition of real
and personal property, including operating equipment for the
airports;
``(C) to acquire real and personal property by purchase,
lease, transfer, or exchange;
``(D) to exercise the powers of eminent domain in Virginia
that are conferred on it by Virginia;
``(E) to levy fees or other charges; and
``(F) to make and maintain agreements with employee
organizations to the extent that the Federal Aviation
Administration was authorized to do so on October 18, 1986.
``(2) Bonds issued under paragraph (1)(B) of this subsection--
``(A) are not a debt of Virginia, the District of Columbia,
or a political subdivision of Virginia or the District of
Columbia; and
``(B) may be secured by the Airports Authority's revenues
generally, or exclusively from the income and revenues of
certain designated projects whether or not any part of the
projects are financed from the proceeds of the bonds.
``(c) Board of Directors.--(1) The Airports Authority has a board of
directors composed of the following 11 members:
``(A) 5 members appointed by the Governor of Virginia;
``(B) 3 members appointed by the Mayor of the District of
Columbia;
``(C) 2 members appointed by the Governor of Maryland; and
``(D) one member appointed by the President with the advice
and consent of the Senate.
``(2) The Chairman of the board shall be appointed from among the
members by majority vote of the members and shall serve until replaced
by majority vote of the members.
``(3) Members of the board shall be appointed to the board for 6
years.
``(4) A member of the board--
``(A) may not hold elective or appointive political office;
``(B) serves without compensation except for reasonable
expenses incident to board functions; and
``(C) except the member appointed by the President, must
reside within the Washington Standard Metropolitan Statistical
Area.
``(5) The member of the board appointed by the President may be
removed by the President for cause.
``(6) Seven votes are required to approve bond issues and the annual
budget.
``(d) Conflicts of Interest.--Members of the board and their
immediate families may not be employed by or otherwise hold a
substantial financial interest in any enterprise that has or is seeking
a contract or agreement with the Airports Authority or is an
aeronautical, aviation services, or airport services enterprise that
otherwise has interests that can be directly affected by the Airports
Authority. The official appointing a member may make an exception if
the financial interest is completely disclosed when the member is
appointed and the member does not participate in board decisions that
directly affect the interest.
``(e) Certain Actions To Be Taken by Regulation.--An action of the
Airports Authority changing, or having the effect of changing, the
hours of operation of, or the type of aircraft serving, either of the
Metropolitan Washington Airports may be taken only by regulation of the
Airports Authority.
``(f) Limitation on Authority.--If the Board of Review established
under section 49107 of this title cannot carry out its duties and
powers under this chapter because of a judicial order, the Airports
Authority may not carry out any action required to be submitted to the
Board under section 49107(g) of this title.
``(g) Review of Contracting Procedures.--The Comptroller General
shall review contracts of the Airports Authority to decide whether the
contracts were awarded by procedures that follow sound Government
contracting principles and comply with section 49104(a)(4) of this
title. The Comptroller General shall submit periodic reports of the
conclusions reached as a result of the review to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
``Sec. 49107. Board of Review
``(a) Composition.--(1) Action and requests of the board of directors
of the Metropolitan Washington Airports Authority may be reviewed under
this section by the Board of Review of the Airports Authority. The
Board of Review represents the interests of users of the Metropolitan
Washington Airports and is composed of 9 members appointed by the board
of directors as follows:
``(A) 4 individuals from a list provided by the Speaker of
the House of Representatives.
``(B) 4 individuals from a list provided by the President pro
tempore of the Senate.
``(C) one individual chosen alternately from a list provided
by the Speaker of the House of Representatives and from a list
provided by the President pro tempore of the Senate.
``(2) In addition to the recommendations on a list provided under
paragraph (1) of this subsection, the board of directors may request
additional recommendations.
``(b) Qualifications and Terms.--(1) Members of the Board of Review
shall be individuals who have experience in aviation matters and in
addressing the needs of airport users and who themselves are frequent
users of the Metropolitan Washington Airports. A member of the Board of
Review shall be a registered voter of a State other than Maryland,
Virginia, or the District of Columbia.
``(2)(A) An individual appointed under subsection (a)(1) (A) or (B)
of this section serves for 6 years or until the individual's successor
has taken office.
``(B) An individual appointed under subsection (a)(1)(C) of this
section serves for 2 years or until the individual's successor has
taken office.
``(3) A member of the Board of Review may be removed only for cause
by a two-thirds vote of the board of directors.
``(c) Vacancies.--(1) A vacancy on the Board of Review is filled in
the same way as the original appointment was made. An individual
appointed to fill a vacancy occurring before the end of the term for
which the predecessor of that individual was appointed is appointed for
the remainder of that term.
``(2) If the Board of Review has more than 4 vacancies and lists have
been provided for appointments to fill the vacancies, the Airports
Authority may not carry out any action required to be submitted to the
Board under subsection (g) of this section.
``(d) Conflicts of Interest.--Every contract or agreement made or
entered into, or accepted by or on behalf of the Airports Authority,
shall contain an express condition that members of the Board of Review
may not have a share or part of, or receive any benefit from, the
contract or agreement.
``(e) Liability.--A member of the Board of Review is not liable in
connection with any claim, action, or proceeding arising from service
on the Board.
``(f) Administrative.--(1) The Board of Review shall establish
procedures for conducting its business. The procedures may include
requirements for a quorum at meetings and for proxy voting and for the
selection of a Chairman. The Board shall meet at least once each year
and shall meet at the call of the chairman or 3 members of the Board. A
decision of the Board under subsection (g) or (h) of this section must
be by a vote of at least 5 members of the Board.
``(2) The Board of Review may hire 2 staff individuals to be paid by
the Airports Authority. The Airports Authority shall provide clerical
and support staff that the Board may require.
``(3) Members of the Board of Review may participate as nonvoting
members in meetings of the board of directors of the Airports
Authority.
``(g) Review of Actions of the Airports Authority.--(1) The following
actions of the Airports Authority must be submitted to the Board of
Review at least 30 days (or at least 60 days for the annual budget)
before the actions become effective:
``(A) the adoption of an annual budget and any amendments to
the budget.
``(B) the authorization for the issuance of bonds and an
annual plan for issuance of bonds and any amendments to the
plan.
``(C) the adoption, amendment, or repeal of a regulation.
``(D) the adoption or revision of a master plan.
``(E) the appointment of the chief executive officer.
``(F) the award of a contract (except a contract related to
the issuance or sale of bonds that is executed within 30 days
of the date of issuance of the bonds) that has been approved by
the board of directors of the Airports Authority.
``(G) any action of the board of directors approving a
terminal design or airport layout or a modification of the
design or layout.
``(H) the authorization for the acquisition or disposal of
land and the grant of a long-term easement.
``(2)(A) The Board of Review may make recommendations to the board of
directors regarding an action within the later of--
``(i) 30 calendar days of its submission under this
subsection; or
``(ii) 10 calendar days (excluding Saturdays, Sundays, and
holidays, and any day on which neither House of Congress is in
session because of an adjournment sine die, a recess of more
than 3 days, or an adjournment of more than 3 days) of its
submission under this subsection.
``(B) The recommendations may include a recommendation that the
action not take effect. If the Board of Review does not make a
recommendation in the applicable review period under this paragraph or
if the Board of Review decides during the review period that it will
not make a recommendation on an action, the action may take effect.
``(3) If the Board of Review makes a recommendation, an action takes
effect only if the board of directors--
``(A) adopts the recommendation; or
``(B) evaluates the recommendation and responds, in writing,
to the Board of Review and transmits the action, evaluation,
and response to Congress as provided under paragraph (4) of
this subsection and the 60-calendar day period described in
paragraph (4) expires.
``(4) If the board of directors does not adopt a recommendation of
the Board of Review regarding an action, the board of directors shall
transmit to the Speaker of the House of Representatives and the
President of the Senate a detailed description of the action, the
recommendation of the Board of Review regarding the action, and the
evaluation and response of the board of directors to the
recommendation. The action may not take effect until the expiration of
60 calendar days (excluding Saturdays, Sundays, and holidays, and any
day on which neither House of Congress is in session because of an
adjournment sine die, a recess of more than 3 days, or an adjournment
of more than 3 days) beginning on the day on which the board of
directors transmits the material.
``(5) Unless an annual budget for a fiscal year has taken effect in
accordance with this procedure, the Airports Authority may obligate or
expend money in the fiscal year only for--
``(A) debt service on previously authorized obligations; and
``(B) obligations and expenditures for previously authorized
capital expenditures and routine operating expenses.
``(h) Request for Consideration of Other Matters.--The Board of
Review may request the Airports Authority to consider and vote, or to
report, on any matter related to the Metropolitan Washington Airports.
On receiving a request, the Airports Authority shall consider and vote,
or report, on the matter as promptly as feasible.
``(i) Congressional Disapproval Procedure.--(1) In this subsection,
`resolution'--
``(A) means a joint resolution related to an action about
which the Board of Review transmits material to Congress under
subsection (g)(4) of this section, the matter after the
resolving clause of which is as follows: `That the Congress
disapproves of the action of the board of directors of the
Metropolitan Washington Airports Authority described as
follows: __________.', with the blank space being filled
appropriately; but
``(B) does not include a resolution that specifies more than
one action.
``(2) This subsection is enacted by Congress--
``(A) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and these
provisions--
``(i) are deemed a part of the rule of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of
resolutions described by this subsection; and
``(ii) supersede other rules only to the extent that
they are inconsistent with the other rules; and
``(B) with complete recognition of the constitutional right
of either House to change the rule (as it relates to the
procedure of that House) at any time, in the same way, and to
the same extent as any other rule of that House.
``(3) A resolution shall be referred to the Committee on
Transportation and Infrastructure of the House of Representatives, or
the Committee on Commerce, Science, and Transportation of the Senate,
by the Speaker of the House of Representatives or the President of the
Senate, as the case may be.
``(4)(A) If the committee to which a resolution has been referred
does not report the resolution within 20 calendar days after it is
introduced, a motion is in order to discharge the committee from
further consideration of the resolution or any other resolution related
to the action of the board of directors that has been referred to the
committee.
``(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 same action). Debate on the motion is limited to not more than 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) Motions to postpone shall be decided without debate.
``(D) 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 action may not be made.
``(5)(A) After the Committee on Commerce, Science, and Transportation
of the Senate reports, or is discharged from further 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
motion has been disagreed to. The motion is highly privileged and is
not debatable. 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 in the Senate on the resolution is limited to not more
than 10 hours, to be divided equally between 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 consideration of a resolution.
``(B) a motion to proceed to the consideration of other
business.
``(C) an appeal from a decision of the chair related to the
application of the rules of the Senate to the procedures
related to a resolution.
``(7) The following procedures apply if, before the passage by one
House of a joint resolution of that House, that House receives from the
other House a joint resolution:
``(A) The joint resolution of the other House shall not be
referred to a committee and, except as provided in subparagraph
(B) of this paragraph, may not be considered in the House
receiving it.
``(B) With respect to a joint resolution described in
subparagraph (A) of this paragraph of the House receiving the
joint resolution--
``(i) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
``(ii) the vote on final passage shall be on the
joint resolution of the other House.
``(C) On disposition of the joint resolution received from
the other House, consideration of the joint resolution that
originated in the receiving House is not in order.
``Sec. 49108. Federal employees at Metropolitan Washington Airports
``(a) Labor Agreements.--(1) The Metropolitan Washington Airports
Authority adopted all labor agreements that were in effect on June 7,
1987. Unless the parties otherwise agree, the agreements must be
renegotiated before June 7, 1992.
``(2) Employee protection arrangements made under this section shall
ensure, during the 50-year lease term, the continuation of all
collective bargaining rights enjoyed by transferred employees retained
by the Airports Authority.
``(b) Civil Service Retirement.--Any Federal employee who transferred
to the Airports Authority and who on June 6, 1987, was subject to
subchapter III of chapter 83 or chapter 84 of title 5, is subject to
subchapter III of chapter 83 or chapter 84 for so long as continually
employed by the Airports Authority without a break in service. For
purposes of subchapter III of chapter 83 and chapter 84, employment by
the Airports Authority without a break in continuity of service is
deemed to be employment by the United States Government. The Airports
Authority is the employing agency for purposes of subchapter III of
chapter 83 and chapter 84 and shall contribute to the Civil Service
Retirement and Disability Fund amounts required by subchapter III of
chapter 83 and chapter 84.
``(c) Access to Records.--The Airports Authority shall allow
representatives of the Secretary of Transportation adequate access to
employees and employee records of the Airports Authority when needed to
carry out a duty or power related to the period before June 7, 1987.
The Secretary shall provide the Airports Authority access to employee
records of transferring employees for appropriate purposes.
``Sec. 49109. Nonstop flights
``An air carrier may not operate an aircraft nonstop in air
transportation between Washington National Airport and another airport
that is more than 1,250 statute miles away from Washington National
Airport.
``Sec. 49110. Relationship to and effect of other laws
``(a) Same Powers and Restrictions Under Other Laws.--To ensure that
the Metropolitan Washington Airports Authority has the same proprietary
powers and is subject to the same restrictions under United States law
as any other airport except as otherwise provided in this chapter,
during the period that the lease authorized by section 6005 of the
Metropolitan Washington Airports Act of 1986 (Public Law 99-500, 100
Stat. 1783-375, Public Law 99-591, 100 Stat. 3341-378) is in effect--
``(1) the Metropolitan Washington Airports are deemed to be
public airports for purposes of chapter 471 of this title; and
``(2) the Act of June 29, 1940 (ch. 444, 54 Stat. 686), the
First Supplemental Civil Functions Appropriations Act, 1941
(ch. 780, 54 Stat. 1030), and the Act of September 7, 1950 (ch.
905, 64 Stat. 770), do not apply to the operation of the
Metropolitan Washington Airports, and the Secretary of
Transportation is relieved of all responsibility under those
Acts.
``(b) Inapplicability of Certain Laws.--The Metropolitan Washington
Airports and the Airports Authority are not subject to the requirements
of any law only because the United States Government retains the fee
simple title to those airports or because of the authority of the Board
of Review under section 49107 of this title.
``(c) Police Power.--Virginia has concurrent police power authority
over the Metropolitan Washington Airports, and the courts of Virginia
may exercise jurisdiction over Washington National Airport.
``(d) Planning.--(1) The authority of the National Capital Planning
Commission under section 5 of the Act of June 6, 1924 (40 U.S.C. 71d),
does not apply to the Airports Authority.
``(2) The Airports Authority shall consult with--
``(A) the Commission and the Advisory Council on Historic
Preservation before undertaking any major alterations to the
exterior of the main terminal at Washington Dulles
International Airport; and
``(B) the Commission before undertaking development that
would alter the skyline of Washington National Airport when
viewed from the opposing shoreline of the Potomac River or from
the George Washington Parkway.
``(e) Operation Limitations.--The Administrator of the Federal
Aviation Administration may not increase the number of instrument
flight rule takeoffs and landings authorized for air carriers by the
High Density Rule (14 C.F.R. 93.121 et seq.) at Washington National
Airport on October 18, 1986, and may not decrease the number of those
takeoffs and landings except for reasons of safety.
``Sec. 49111. Separability
``Except as provided in section 49106(f) of this title, if a
provision of this chapter, or the application of a provision of this
chapter to a person or circumstance, is held invalid, the remainder of
this chapter and the application of the provision to other persons or
circumstances is not affected.''.
(69)(A) Insert after section 50105 the following:
``CHAPTER 503--TIME LIMITATIONS ON BRINGING CERTAIN CIVIL ACTIONS
INVOLVING GENERAL AVIATION AIRCRAFT
``Sec.
``50301. Accidents involving general aviation aircraft.
``Sec. 50301. Accidents involving general aviation aircraft
``(a) Definitions and Application.--(1) In this section--
``(A) `airworthiness certificate' means an airworthiness
certificate issued under section 44704(c) of this title.
``(B) `general aviation aircraft' means an aircraft--
``(i) for which the Administrator of the Federal
Aviation Administration has issued a type certificate
or airworthiness certificate;
``(ii) that had a maximum seating capacity of fewer
than 20 passengers when the certificate originally was
issued; and
``(iii) that, at the time of the accident, was not
engaged in scheduled passenger-carrying operations, as
defined under regulations in effect under part A of
this subtitle at the time of the accident.
``(C) `type certificate' means a type certificate issued
under section 44704(a) of this title.
``(2) This section applies only to a civil action brought after
August 16, 1994.
``(b) General.--A civil action for damages for death or injury to
individuals or damage to property arising out of an accident involving
a general aviation aircraft may be brought against the manufacturer of
the aircraft or the manufacturer of a new component, system,
subassembly, or other part of the aircraft, in its capacity as a
manufacturer, only if the accident occurs during the 18-year period
beginning on the date--
``(1)(A) the aircraft is delivered to the first purchaser or
lessee, if delivered directly from the manufacturer; or
``(B) of the first delivery of the aircraft to a person that
sells or leases general aviation aircraft; or
``(2) the replacement of a component, system, subassembly, or
other part originally in the aircraft by, or the addition of, a
new component, system, subassembly, or other part alleged to
have caused the death, injury, or damage, is completed.
``(c) Exceptions.--Subsection (b) of this section does not apply--
``(1) if the claimant pleads with specificity the information
necessary to prove, and proves, that, with respect to a type or
airworthiness certificate for, or obligations related to the
continuing airworthiness of, an aircraft or a component,
system, subassembly, or other part of an aircraft, the
manufacturer knowingly misrepresented to, or concealed or
withheld from, the Administrator required information that is
material or relevant to the performance, maintenance, or
operation of the aircraft, component, system, subassembly, or
other part that causally is related to the harm the claimant
allegedly suffered;
``(2) if the individual for whose injury or death the claim
is being made is a passenger for purposes of receiving
treatment for a medical or other emergency or was not on the
aircraft at the time of the accident; or
``(3) to an action brought under a written warranty
enforceable under law except for this section.
``(d) Relationship to Other Laws.--This section supersedes State law
to the extent the State law allows a civil action described in
subsection (b) of this section to be brought after 18 years.''.
(B) In the analysis for subtitle VII, insert after item 501
the following:
``503. TIME LIMITATIONS ON BRINGING CERTAIN CIVIL ACTIONS
INVOLVING GENERAL AVIATION AIRCRAFT.............................50301''.
(70) In section 60101, strike ``(a)'' and substitute ``(a)
Gene- ral.--''.
(71) In section 70113(e)(6)(D), insert ``a'' before
``resolution''.
SEC. 6. TECHNICAL CHANGES TO OTHER LAWS.
(a) Effective July 5, 1994--
(1) Section 4 of the Act of July 5, 1994 (Public Law 103-272,
108 Stat. 1360), is amended as follows:
(A) Subsection (f)(1)(S) is amended to read as
follows:
``(S) In section 6101(4)(B), strike `agency' the 2d time it
appears and substitute `agency.'.''.
(B) In subsection (j)(18), strike ``10530(i)(3)'' and
substitute ``10530(i)(2)''.
(2) Section 5(e)(11) of the Act of July 5, 1994 (Public Law
103-272, 108 Stat. 1374), as amended by section 7(a)(4)(A) of
the Act of October 31, 1994 (Public Law 103-429, 108 Stat.
4389), is amended to read as follows:
``(11) In section 2516(1)(j), strike `section' the first
place it appears and all that follows and substitute `section
60123(b) (relating to destruction of a natural gas pipeline) or
section 46502 (relating to aircraft piracy) of title 49;'.''.
(b) Effective August 26, 1994--
(1) Section 105(b)(2) of the Hazardous Materials
Transportation Act of 1994 (title I of Public Law 103-311, 108
Stat. 1674) is amended to read as follows:
``(2) by striking `the State' the first place it
appears;''.
(2) Section 208(d)(1) of the Trucking Industry Regulatory
Reform Act of 1994 (title II of Public Law 103-311, 108 Stat.
1688) is amended to read as follows:
``(1) by inserting `of passengers or household goods'
after `contract carrier' the first time those words
appear.''.
(c) Effective October 31, 1994, section 6(44)(B) of the Act of
October 31, 1994 (Public Law 103-429, 108 Stat. 4383), is amended to
read as follows:
``(B) Add before the period at the end `of this
title'.''.
(d) Effective November 2, 1994, section 10(c)(2)(A) of the Act of
November 2, 1994 (Public Law 103-437, 108 Stat. 4589), is repealed and
section 107(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450k(b)), as amended by section 105(1) of the
Indian Self-Determination Act (Public Law 103-413, 108 Stat. 4269), is
revived and shall read as if section 10(c)(2)(A) of the Act of November
2, 1994 (Public Law 103-437, 108 Stat. 4589), had not been enacted.
(e) Section 401 of the Federal Election Campaign Act of 1971 (2
U.S.C. 451) is amended by striking ``such Secretary'' and substituting
``the Secretary''.
(f) Section 917(a)(4) of the Consumer Credit Protection Act (15
U.S.C. 1693o(a)(4)) is amended by striking ``Civil Aeronautics Board''
and substituting ``Secretary of Transportation''.
(g) In section 17(d) of the Noise Control Act of 1972 (Public Law 92-
574, 86 Stat. 1249), strike ``such terms have under the first section
of the Act of February 17, 1911 (45 U.S.C. 22)'' and substitute ``the
term `railroad carrier' has in section 20102 of title 49, United States
Code''.
(h) 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 ``the Pipeline Safety Act''
and substitute ``section 60101(a) of title 49, United States
Code''.
(2) In section 107(c)(1)(C), strike ``the Hazardous Liquid
Pipeline Safety Act of 1979'' and substitute ``section 60101(a)
of title 49, United States Code''.
SEC. 7. REPEAL OF OTHER LAWS.
The following are repealed:
(1) Section 119 ``Sec. 404(f)'' of the Amtrak Reorganization
Act of 1979 (Public Law 96-73, 93 Stat. 547).
(2) Sections 1(a)(3) and (b), 2, and 4-6 of the
Reorganization Plan No. 2 of 1968 (effective June 30, 1968, 82
Stat. 1369, 1370).
(3) Section 5005 of the Intermodal Surface Transportation
Efficiency Act (49 U.S.C. 301(note)).
(4) Section 317 of the Department of Transportation and
Related Agencies Appropriations Act, 1995 (49 U.S.C.
44502(note)).
SEC. 8. EFFECTIVE DATE.
The amendments made by section 5 (44), (48), (49), (52), and (61) of
this Act shall take effect on July 5, 1994.
SEC. 9. LEGISLATIVE PURPOSE AND CONSTRUCTION.
(a) No Substantive Change.--This Act restates, without substantive
change, laws enacted before September 1, 1995, that were replaced by
this Act. This Act may not be construed as making a substantive change
in the laws replaced. Laws enacted after August 31, 1995, 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 catchline 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. 10. 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 Section ------------------------------------------------
Law Volume Page Title Section
----------------------------------------------------------------------------------------------------------------
1916
Sept. 3, 5 436............... ....................... 39 721, 722......... 45 65, 66
1986
Oct. 18 99-500............ 6001-6012.............. 100 1783-373......... ..... ............
Oct. 30 99-591............ 6001-6012.............. 100 3341-376......... ..... ............
1991
Dec. 18 102-240........... 7001-7004.............. 105 2197............. ..... ............
1994
Aug. 17 103-298........... ....................... 108 1552............. 49 40101(note)
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HR 2297 IH----2
HR 2297 IH----3
HR 2297 IH----4
HR 2297 IH----5
104th CONGRESS
1st Session
H. R.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
Mr. introduced the following bill; which was referred to the
Committee on
_______________________________________________________________________
A BILL
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,