[Congressional Record Volume 140, Number 142 (Tuesday, October 4, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
            CODIFYING RECENT LAWS RELATED TO TRANSPORTATION

  Mr. BROOKS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4778) to codify without substantive change recent laws 
related to transportation and to improve the United States Code, as 
amended.
  The Clerk read as follows:

                               H.R. 4778

       Be it enacted by the Senate and House of Representatives 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)(1) 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 
     Purchases.--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 ``, 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 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 327054(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) To 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 nonstop 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)(2)(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 if 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 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 
     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''.
       (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 I 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 I, strike the 2 items 110 
     and 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 
     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. 689) 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)(l) 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 DAY.

       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 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     
----------------------------------------------------------------------------------------------------------------
       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 App.  2125             
       1982                                                                                                     
Sept. 3...........  97-248...........  505, 507, 508,          96  677, 679, 682,     49 App.  2204, 2206, 2207,
                                        513.                        689.                        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 App.  2204, 2204       
                                                                                                (note), 2206,   
                                                                                                2206 (note),    
                                                                                                2207, 2212      
July 5............  103-272..........  4(c).............      108  1361.............  .......  .................
----------------------------------------------------------------------------------------------------------------

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas [Mr. Brooks] will be recognized for 20 minutes, and the gentleman 
from New York [Mr. Fish] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Texas [Mr. Brooks].
  Mr. BROOKS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4778, as amended, restates without substantive 
change recent laws related to transportation and makes other technical 
improvements in the United States Code. The bill was prepared for the 
House Judiciary Committee by the Office of the Law Revision Counsel 
under its authority under section 285b of title 2, United States Code.
  H.R. 4778, as amended, incorporates laws related to transportation 
that were not included in the restatement of title 49. The Law Revision 
Counsel assures me that H.R. 4778, as amended, makes no change in 
existing law. Therefore, no additional cost to the Government would be 
incurred as a result of enactment of H.R. 4778, as amended. Enactment 
of H.R. 4778, as amended, would not affect direct spending or receipts. 
Therefore, pay-as-you-go procedures would not apply.
  I urge my colleagues to support H.R. 4778, as amended.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FISH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill will incorporate into title 49 of the United 
States Code, which has been recently enacted into positive law, the 
provisions of several more recently enacted bills related to 
transportation. As in other codification bills enacting titles of the 
United States Code into positive law, this bill makes no substantive 
change in the law. As is customary, it was prepared and submitted to 
the Judiciary Committee by the Office of the Law Revision Counsel.
  Concern has sometimes been expressed that mere changes in terminology 
and style, such as uniform use of the present tense and the active 
voice so far as possible, will result in changes in substance or impair 
the precedental value of earlier judicial decisions and other 
interpretations.
  This fear might have some merit if this were the usual kind of 
amendatory legislation in which it can be inferred that a change of 
language is intended to change substance. In a codification law, 
however, the courts uphold the contrary presumption, that the law is 
intended to remain substantively unchanged. I might note that the 
committee report on this legislation contains over a dozen citations to 
U.S. Supreme Court decisions and other authorities affirming this 
principle.
  I ask for a ``yea'' vote on H.R. 4778.

                              {time}  2020

  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. BROOKS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Poshard). The question is on the motion 
offered by the gentleman from Texas [Mr. Brooks] that the House suspend 
the rules and pass the bill, H.R. 4778, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________