[House Report 104-573]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-573
_______________________________________________________________________


 
         TECHNICAL AMENDMENTS TO IMPROVE THE UNITED STATES CODE

                                _______


May 14, 1996.--Referred to the House Calendar and ordered to be printed

_______________________________________________________________________


 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                        [To accompany H.R. 2297]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2297) to codify without substantive change laws 
related to transportation and to improve the United States 
Code, having considered the same, report favorably thereon with 
an amendment in the nature of a substitute, as amended, and 
recommend that the bill as amended do pass.
    The text of the amendment appears in italic type in the 
reported bill.

                        Explanation of Amendment

    Inasmuch as H.R. 2297 was ordered favorably reported with a 
single amendment in the nature of a substitute, as amended, the 
contents of this report explain that amendment.

                               Statement

    Purpose.--The purpose of the bill is to codify without 
substantive change laws related to transportation and to 
improve the United State Code. Specifically, the bill will 
incorporate in title 49, United States Code, which has been 
enacted into positive law, the provisions of several laws 
related to transportation that were not included in the 
codification of title 49. In the restatement, simple language 
has been substituted for awkward and obsolete terms, and 
superseded, executed, and obsolete statutes have been 
eliminated. The Office of the Law Revision Counsel of the House 
of Representatives has prepared and submitted this bill to the 
Committee as part of the responsibilities of the Office to 
provide revisions in titles of the Code that have been enacted 
into law so that those titles may be kept current.
    Background.--On July 5, 1994, H.R. 1758, a bill to codify 
the balance of title 49, United States Code, into positive law, 
was enacted as Public Law 103-272. Other transportation related 
laws enacted after June 30, 1993, the cutoff date for Public 
Law 103-272, were incorporated in title 49 by H.R. 4778, 
enacted as Public Law 103-429 on October 31, 1994. However, 
certain laws related to transportation were not included in 
title 49. This bill codifies those laws and makes other 
technical and conforming changes.
    Revision notes.--A revision note has been prepared for each 
provision of the bill. The revision notes explain the changes 
made in the source laws. Each note identifies the statutory 
basis or source of the section and explains significant changes 
in, and omissions of, language. When practical, word-for-word 
substitutions of language are identified and explained. 
Standard changes made throughout the revision to achieve 
internal consistency are not explained each time they are made. 
Citations to the United States Code are to title, followed by a 
colon, and ending with the section number. For example, section 
1 of title 1, United States Code, is cited 1:1.
    Standard changes.--Certain standard changes are made 
uniformly throughout the provisions of the bill. The most 
significant are explained in the following paragraphs:
    As far as possible, the statute is stated in the present 
tense and in the active voice. When there is a choice of 2 or 
more words, otherwise of equal legal effect, the more commonly 
understood word is used.
    The word ``shall'' is used in the mandatory and imperative 
sense. The word ``may'' is used in the permissive and 
discretionary sense, as ``is permitted to'' and ``is authorized 
to''. The words ``may not'' are used in a prohibitory sense, as 
``is not authorized to'' and ``is not permitted to''. The words 
``person may not'' mean that no person is required, authorized, 
or permitted to do the act.
    The words ``any part of'' mean ``all or part of'' and ``in 
whole or in part''.
    The word ``includes'' means ``includes but is not limited 
to''.
    The word ``deemed'' is used when a legal fiction, or what 
may in some cases be a legal fiction, is intended. The word 
``is'' is used for statements of fact and legal conclusions.
    The first time a descriptive title is used in a section, 
the complete title is used. Thereafter, in the same section, a 
shorter title is used unless the context requires the complete 
title to be used. For example, ``Secretary of State'' is used 
the first time the title appears in a section. Subsequently, in 
the same section, the title ``Secretary'' is used.
    ``United States Government'' is substituted for ``United 
States'' (when used in referring to the Government), ``Federal 
Government'', and other terms identifying the Government the 
first time the reference appears in a section. Thereafter, in 
the same section, ``Government'' is used unless the context 
requires the complete term to be used to avoid confusion with 
other governments.
    The word ``law'' is substituted for ``Act'' and ``joint 
resolution'' for clarity because the word ``law'' includes Acts 
and joint resolutions.
    The words ``under section ------'' are used instead of 
``pursuant to section ------'' and ``in accordance with section 
------''.
    The word ``such'' is not used as a demonstrative adjective. 
The use of the word ``each'', ``any'', ``every'', or ``all'' is 
confined to instances in which a doubt could arise if the word 
were not used.
    Provisos are not used. An exception or limitation is 
introduced by the words ``except that'' or ``but'' or by 
placing the excepting or limiting provision in a separate 
sentence.
    Substantive change not made.--As in other codification 
bills enacting titles of the United States Code into positive 
law, this bill makes no substantive change in the law. It is 
sometimes feared that mere changes in terminology and style 
will result in changes in substance or impair the precedent 
value of earlier judicial decisions and other interpretations. 
This fear might have some weight 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: the law is intended to remain substantively 
unchanged. The following authorities affirm this principle:
          Stewart v. Kahn (11 Wall. 493, 502 (1871)).
          Smythe v. Fiske (23 Wall. 374, 382 (1874)).
          McDonald v. Hovey (110 U.S. 619, 628 (1884)).
          United States v. Ryder (110 U.S. 729, 740 (1884)).
          United States v. Sischo (262 U.S. 165, 168 (1923)).
          Fourco Glass Co. v. Transmirra Products Corp. (353 
        U.S. 222, 227 (1957)).
          Finley v. United States (490 U.S. 545, (1989)).
          Trailer Marine Transport Corp. v. Federal Maritime 
        Commission (D.C. Cir., 602 F. 2d 379, 383 (1979)).
          Atchison, Topeka and Santa Fe Railway Co. v. United 
        States (7th Cir., 617 F. 2d 485, 490, 491 (1980)).
          Walsh v. Commonwealth (224 Mass. 239, 112 N.E. 486, 
        487 (1916)).
          State ex rel. Rankin v. Wilbaux County Bank (85 Mont. 
        532, 281 Pac. 341, 344 (1929)).
          In re Sullivan's Estate (38 Ariz. 387, 300 Pac. 193, 
        195 (1931)).
          Sigal v. Wise (114 Conn. 297, 158 Atl. 891, 894 
        (1932)).
          Martin v. Dyer-Kane Co. (113 N.J. Eq. 88, 166 Atl. 
        227, 229 (1933)).
          Norfolk & Portsmouth Bar Ass'n. v. Drewry (161 Va. 
        833, 172 S.E. 282, 285 (1934)).
          Sutherland, Statutory Construction (5th ed., Singer, 
        1994), secs. 28.10, 28.11.

                             Committee Vote

    At a meeting of the Committee on the Judiciary on April 24, 
1996, a quorum being present, an amendment to the amendment in 
the nature of a substitute offered by Mr. Hyde was offered by 
Mr. Conyers. The amendment was approved by a voice vote and 
H.R. 2297, as amended, was approved by a voice vote and ordered 
favorably reported.

          Statements Under Clause 2(l )(3) and (4) of Rule XI

    Since the purpose of H.R. 2297, as amended, is to codify 
changes in the law without making any substantive change in the 
law, no oversight findings or recommendations have been made 
with respect to the bill.
    The enactment of this bill will have no inflationary impact 
on prices or costs in the operation of the national economy.
    The bill does not provide new budget authority or new or 
increased tax expenditures.
    The Director of the Congressional Budget Office has 
submitted the following letter reporting on the bill.
                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 3, 1996.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2297, a bill to codify without substantive change 
laws related to transportation and to improve the United States 
Code, as ordered reported by the House Committee on the 
Judiciary on April 24, 1996. CBO estimates that enacting this 
legislation would result in no cost to the federal government.
    Enacting H.R. 2297 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to this legislation. The bill contains no new intergovernmental 
or private sector mandates, as defined in Public Law 104-4, and 
would impose no new direct costs on state, local, or tribal 
governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                         June E. O'Neill, Director.

                       Section-by-Section Summary

                   section 1--amendments to title 18

    This amends 18:2721(b) to make conforming amendments 
necessary because of the codification enacted by section 1 of 
the Act of July 5, 1994 (Public Law 103-272, 108 Stat. 745).

                    section 2--amendment to title 23

    This amends the catchline for 23:103(e)(4)(L) so that it 
conforms with the text.

                    section 3--amendment to title 28

    This amends 28:1445(a) to make a conforming amendment 
necessary because section 4(i) of the Act of July 5, 1994 
(Public Law 103-272, 108 Stat. 1365), added a new section 4A to 
the Act of April 22, 1908 (45 U.S.C. 54a).

                   section 4--amendments to title 31

                              Section 4(1)

    This amends 31:1105(a) to make a technical and clarifying 
amendment because a clause (26) was enacted with a prospective 
date of repeal and additional clauses were enacted before the 
repeal became effective.

                            Section 4(2)(A)

    This repeals a reference in 31:9101(2) to the United States 
Railway Association which was abolished effective April 1, 
1987, by section 4031(a) of the Conrail Privatization Act 
(Public Law 99-509, 100 Stat. 1906).

                          Section 4(2)(B)-(D)

    These make technical amendments to 31:9101(2) and (3).

                   section 5--amendments to title 49

                              Section 5(1)

    This sets out the date of enactment of 49:106(b)(last 
sentence).

                              Section 5(2)

    This sets out the date of enactment of 49:111.

                              Section 5(3)

    This amends 49:329 to make conforming amendments necessary 
because of the codification enacted by section 1 of the Act of 
July 5, 1994 (Public Law 103-272, 108 Stat. 745).

                              Section 5(4)

    This sets out the date of enactment of 49:521(b)(1)(B).

                            Section 5(5)(A)

    This sets out the effective date of 49:701.

                            Section 5(5)(B)

    This amends 49:701(b) by setting out the date of enactment 
of the ICC Termination Act of 1995 (Public Law 104-88, 109 
Stat. 803).

                              Section 5(6)

    This amends 49:702 by setting out the effective date of the 
ICC Termination Act of 1995 (Public Law 104-88, 109 Stat. 803).

                              Section 5(7)

    This amends 49:726(a) by setting out the date of enactment 
of the ICC Termination Act of 1995 (Public Law 104-88, 109 
Stat. 803).

                              Section 5(8)

    This amends 49:5116(j)(4)(A) to correct an erroneous cross-
reference.

                              Section 5(9)

    This amends various sections of title 49 to reflect an 
amendment of clause 1 of Rule X of the House of Representatives 
by section 202(a) of H. Res. 6 approved January 4, 1995.

                             Section 5(10)

    This amends 49:5303(f)(2) and (h)(4) to correct erroneous 
cross-references.

                          Section 5(11)(A)-(C)

    This amends 49:5307(a)(2) to delete an obsolete provision.

                            Section 5(11)(D)

    This amends 49:5307(d)(1)(H) to correct an erroneous cross-
reference.

                            Section 5(12)(A)

    This amends 49:5309(a) to clarify the restatement of 49 
App.:1602(a)(1) by section 1 of the Act of July 5, 1994 (Public 
Law 103-272, 108 Stat. 800).

                            Section 5(12)(B)

    This amends 49:5309(e)(4)(B) to correct an erroneous cross-
reference.

                            Section 5(12)(C)

    This amends 49:5309(m)(1)(A) to make a conforming 
amendment.

                           Section 5(13)-(15)

    These amend 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), 
and (e) to correct erroneous cross-references.

                             Section 5(16)

    This amends the catchline for 49:5325(d) to make a 
clarifying amendment.

                             Section 5(17)

    This amends 49:5327(c) to correct an erroneous cross-
reference.

                             Section 5(18)

    This amends 49:5335(d)(2)(B) to amend an erroneous cross-
reference.

                             Section 5(19)

    This amends 49:5336(b)(2) to clarify the restatement of 49 
App.:1607a(b) by section 1 of the Act of July 5, 1994 (Public 
Law 103-272, 108 Stat. 840).

                             Section 5(20)

    This amends 49:5338(g)(2) to correct an erroneous cross-
reference.

                             Section 5(21)

    This amends 49:10501(c)(3)(B) by setting out the effective 
date of the ICC Termination Act of 1995 (Public Law 104-88, 109 
Stat. 803).

                             Section 5(22)

    This sets out the effective date of 49:10701(d)(3).

                             Section 5(23)

    This amends 49:10704(d) by setting out the effective date 
of the ICC Termination Act of 1995 (Public Law 104-88, 109 
Stat. 803).

                             Section 5(24)

    This amends 49:10706(a)(5)(C) and 10709(e) to set out the 
effective date of the Staggers Rail Act of 1980 (Public Law 96-
448, 94 Stat. 1895).

                             Section 5(25)

    This amends 49:11101(f) and 11301(f) by setting out the 
effective date of the ICC Termination Act of 1995 (Public Law 
104-88, 109 Stat. 803).

                             Section 5(26)

    This makes conforming amendments to the headings of part B 
and chapter 131.

                            Section 5(27)(A)

    This amends 49:13102(4)(A) by setting out the effective 
date of the ICC Termination Act of 1995 (Public Law 104-88, 109 
Stat. 803) and the day before that date.

                            Section 5(27)(B)

    This amends 49:13102(4)(B) for clarity and consistency.

                             Section 5(28)

    This amends 49:13703(e) and (f)(2) by setting out the day 
before the effective date of 49:13703(e) and (f)(2).

                            Section 5(29)(A)

    This amends 49:13709(a)(1) and (3) for clarity and 
consistency.

                            Section 5(29)(B)

    This amends 49:13709(e) by setting out the effective date 
for 49:13709 and for clarity and consistency.

                            Section 5(30)(A)

    This sets out the effective date of 49:13710.

                            Section 5(30)(B)

    This amends 49:13710(b) by setting out the effective date 
for 49:13710 and for clarity and consistency.

                             Section 5(31)

    This amends 49:13711(a), (d), and (g) by setting out the 
effective date of 49:13711 and for clarity and consistency.

                            Section 5(32)(A)

    This amends 49:13902(b)(8)(A) to correct a grammatical 
error and to set out the effective date of 49:13902(b).

                            Section 5(32)(B)

    This sets out the effective date of 49:13902(b)(8).

                            Section 5(32)(C)

    This amends 49:13902(c)(4)(A) and (d)(1) and (2) for 
clarity and consistency.

                             Section 5(33)

    This amends 49:13905(a) for clarity and consistency.

                             Section 5(34)

    This sets out the effective date of 49:13906.

                             Section 5(35)

    This amends 49:13907(e)(1) and (2) for clarity and 
consistency.

                            Section 5(36)(A)

    This amends 49:13908(d)(1) for clarity and consistency.

                            Section 5(36)(B)

    This sets out the effective date of 49:13908.

                        Section 5(37)(A) and (B)

    This sets out the effective date of 49:14302.

                        Section 5(37)(C) and (D)

    This amends 49:14302(h)(1) and (2) for clarity and 
consistency.

                             Section 5(38)

    This sets out the effective date of 49:14706(g)(3) and 
14708(g).

                             Section 5(39)

    This amends 49:14709 by setting out the effective date of 
49:14709 and for clarity and consistency.

                             Section 5(40)

    This makes a conforming amendment to the heading of part C.

                           Section 5(41)-(43)

    These make conforming amendments to the analyses of 
chapters 151 and 153 and the analysis and subchapter headings 
of chapter 157.

                             Section 5(44)

    This sets out the effective date of 49:15701.

                         Section 5(45) and (46)

    These make conforming amendments to the analyses of 
chapters 159 and 161.

                             Section 5(47)

    This sets out the date of enactment of the Federal Railroad 
Safety Authorization Act of 1994 (title II of Public Law 103-
440, 108 Stat. 4619).

                             Section 5(48)

    This amends various sections of title 49 to reflect an 
amendment of clause 1 of Rule X of the House of Representatives 
by section 202(a) of H. Res. 6 approved January 4, 1995.

                             Section 5(49)

    This sets out the date of enactment of the Federal Railroad 
Safety Authorization Act of 1994 (title II of Public Law 103-
440, 108 Stat. 4619).

                         Section 5(50) and (51)

    These set out the date of enactment of 49:20152 and 20153.

                             Section 5(52)

    This amends 49:20301(b) to clarify the restatement of 45:8 
by section 1 of the Act of July 5, 1994 (Public Law 103-272, 
108 Stat. 881).

                             Section 5(53)

    This amends 49:21301(a)(1) to clarify the restatement of 
45:438(a) by section 1 of the Act of July 5, 1994 (Public Law 
103-272, 108 Stat. 891).

                             Section 5(54)

    This amends 49:21303(a)(1) to correct a grammatical error.

                             Section 5(55)

    This amends 49:22106(b) to clarify the restatement of 49 
App.:1654(d)(3) by section 1 of the Act of July 5, 1994 (Public 
Law 103-272, 108 Stat. 897).

                             Section 5(56)

                                                  Section 28301                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
28301..................................  45:65.                                  Sept. 3, 5, 1916, ch. 436, Sec.
                                                                                   1, 39 Stat. 721.             
                                         (uncodified).                           Sept. 3, 5, 1916, ch. 436, Sec.
                                                                                  Sec.  2, 3, 39 Stat. 721.     
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the word ``determining'' is substituted 
for ``reckoning'' for clarity. The words ``who are not or may 
hereafter be employed'' are omitted as surplus. In clause (1), 
the words ``or territory'' are omitted because the existing 
territories of the United States are now connected to the 
United States by rail. In clause (2), the words ``or possession 
of the United States'' are added for consistency in the revised 
title and with other titles of the United States Code.
    The text of sections 2 and 3 of the Act of September 3, 5, 
1916 (ch. 436, 39 Stat. 721), is omitted to eliminate executed 
provisions.

                                                  Section 28302                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
28302..................................  45:66.                                  Sept. 3, 5, 1916, ch. 436, Sec.
                                                                                   4, 39 Stat. 722.             
----------------------------------------------------------------------------------------------------------------

    The words ``shall be guilty of a misdemeanor'' are omitted, 
and the words ``shall be fined under title 18'' are substituted 
for ``shall be fined not less than $100 and not more than 
$1,000'', for consistency with title 18. The words ``upon 
conviction'' are omitted as surplus.

                             Section 5(57)

    This amends 49:30144(a)(1)(A) to correct an erroneous 
cross-reference.

                             Section 5(58)

    This amends 49:30168(c) to reflect an amendment of clause 1 
of Rule X of the House of Representatives by section 202(a) of 
H. Res. 6 approved January 4, 1995.

                             Section 5(59)

    This amends 49:30308 to correct a grammatical error.

                             Section 5(60)

    This sets out the date of enactment of 49:31136(e)(2)(A) 
and (J)(i) and (ii) and (3).

                         Section 5(61) and (62)

    These amend 49:32702(8) and 32705 to clarify the 
restatement of 15:1982(5) and 1988 by section 1 of the Act of 
July 5, 1994 (Public Law 103-272, 108 Stat. 1049).

                             Section 5(63)

    This amends various sections of title 49 to reflect an 
amendment of clause 1 of Rule X of the House of Representatives 
by section 202(a) of H. Res. 6 approved January 4, 1995.

                             Section 5(64)

    This makes a conforming amendment in the analysis of 
subtitle VII of title 49 necessary because of the restatement 
of the Metropolitan Washington Airports Act of 1986 (Public Law 
99-500, 100 Stat. 1783-373, Public Law 99-591, 100 Stat. 3341-
376) by section 5(90) of this Act as chapter 491 of title 49 
and the redesignation of former chapter 491 as chapter 501 by 
section 5(88)(B) of this Act.

                             Section 5(65)

    This amends 49:40109(c) to correct an error in the 
codification enacted by section 1 of the Act of July 5, 1994 
(Public Law 103-272, 108 Stat. 1105), to include in the cross-
reference sections enacted after the cutoff date for the 
codification of title 49 as enacted by section 1 of the Act 
(Public Law 103-272, 108 Stat. 745), and to make it easier to 
include future sections in the cross-reference by restating it 
in terms of chapters.

                             Section 5(66)

    This amends 49:40116(d)(2)(A)(iv) to conform to the style 
of title 49 and to set out the effective date for this clause.

                             Section 5(67)

    This repeals 49:40117(e)(2)(C) to eliminate an executed 
provision and makes conforming amendments.

                            Section 5(68)(A)

    This amends the catchline for 49:40118(d) to make a 
clarifying amendment.

                            Section 5(68)(B)

    This amends 49:40118(f)(1) to make a clarifying amendment.

                             Section 5(69)

    This restates 49:44502(e) as 49:40121 to provide a more 
appropriate place in title 49.

                             Section 5(70)

    This amends 49:41109(a) to clarify the restatement of 49 
App.:1371(e) by section 1 of the Act of July 5, 1994 (Public 
Law 103-272, 108 Stat. 1123).

                             Section 5(71)

    This amends 49:41309(b)(2)(B) for consistency in the 
subsection.

                             Section 5(72)

    This amends 49:41312(a)(1) to conform to the style of title 
49.

                             Section 5(73)

    This amends 49:41714(d)(1) to make a conforming cross-
reference necessary because of the restatement of the 
Metropolitan Washington Airports Act of 1986 (Public Law 99-
500, 100 Stat. 1783-373, Public Law 99-591, 100 Stat. 3341-376) 
by section 5(90) of this Act as chapter 491 of title 49.

                             Section 5(74)

    This amends 49:41715(a) to conform to the style of title 
49.

                             Section 5(75)

    This amends various sections of title 49 to reflect an 
amendment of clause 1 of Rule X of the House of Representatives 
by section 202(a) of H. Res. 6 approved January 4, 1995.

                            Section 5(76)(A)

    This amends 49:44502(c)(1) to correct an error in the 
codification enacted by section 1 of the Act of July 5, 1994 
(Public Law 103-272, 108 Stat. 1175).

                            Section 5(76)(B)

    This strikes 49:44502(e) and redesignates 49:44502(f) as 
49:44502(e) because of the restatement of former 49:44502(e) as 
49:40121.

                             Section 5(77)

    This sets out the date of enactment of 49:45301(c).

                        Section 5(78)(A) and (B)

    These amend 49:46301(a)(1)(A) and (2)(A) to correct errors 
in the codification enacted by section 1 of the Act of July 5, 
1994 (Public Law 103-272, 108 Stat. 1231), to include in the 
cross-reference sections enacted after the cutoff date for the 
codification of title 49 as enacted by section 1 of the Act 
(Public Law 103-272, 108 Stat. 745), and to make it easier to 
include future sections in the cross-reference by restating it 
in terms of chapters.

                            Section 5(78)(C)

    This makes a conforming amendment to 49:46301(a)(3).

                          Section 5(78)(D)-(F)

    These amend 49:46301(c)(1)(A), (d)(2), and (f)(1)(A)(i) to 
correct errors in the codification enacted by section 1 of the 
Act of July 5, 1994 (Public Law 103-272, 108 Stat. 1231), to 
include in the cross-reference sections enacted after the 
cutoff date for the codification of title 49 as enacted by 
section 1 of the Act (Public Law 103-272, 108 Stat. 745), and 
to make it easier to include future sections in the cross-
reference by restating it in terms of chapters.

                             Section 5(79)

    This makes a clarifying amendment to 49:46306(c)(2)(B).

                             Section 5(80)

    This amends 49:46316(b) to make it easier to include future 
sections in the cross-reference by restating it in terms of 
chapters.

                             Section 5(81)

    This sets out the date of enactment of 49:47107(l ).

                            Section 5(82)(A)

    This sets out the date of enactment of 49:47115(f), as 
enacted by section 112(d) of the Federal Aviation 
Administration Authorization Act of 1994 (Public Law 103-305, 
108 Stat. 1576).

                            Section 5(82)(B)

    This redesignates 49:47115(f), as enacted by section 6(67) 
of the Act of October 31, 1994 (Public Law 103-429, 108 Stat. 
4386), as 49:47115(g).

                            Section 5(83)(A)

    This amends 49:47117(e)(1)(B) because of the redesignation 
of 49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C) and (D) by 
section 6(71)(C) of the Act of October 31, 1994 (Public Law 
103-429, 108 Stat. 4387).

                            Section 5(83)(B)

    This amends 49:47117(g)(1) because of the redesignation of 
49:47105(e) as 49:47105(f) by section 107(a)(1) of the Federal 
Aviation Administration Authorization Act of 1994 (Public Law 
103-305, 108 Stat. 1572).

                            Section 5(84)(A)

    This sets out the date of enactment of 49:47118(a)(last 
sentence).

                            Section 5(84)(B)

    This makes a clarifying amendment to 49:47118(e) because 
49:47109(c) was struck by section 114(b) of the Federal 
Aviation Administration Authorization Act of 1994 (Public Law 
103-305, 108 Stat. 1579).

                             Section 5(85)

    This makes a clarifying amendment to the catchline for 
49:47128(d).

                            Section 5(86)(A)

    This amends 49:47129(a)(1) to conform to the style of title 
49.

                        Section 5(86)(B) and (C)

    These set out the date of enactment of 49:47129.

                             Section 5(87)

    This sets out the date of enactment of 49:47509.

                             Section 5(88)

    This makes a clarifying amendment to the catchline for 
49:48104(b).

                             Section 5(89)

    This makes conforming amendments necessary because of the 
restatement of the Metropolitan Washington Airports Act of 1986 
(Public Law 99-500, 100 Stat. 1783-373, Public Law 99-591, 100 
Stat. 3341-376) by section 5(90) of this Act as chapter 491 of 
title 49.

                             Section 5(90)

                                                  Section 49101                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49101..................................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6002, 100     
                                                                                  Stat. 1783-373.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6002, 100     
                                                                                  Stat. 3341-376.               
----------------------------------------------------------------------------------------------------------------

    In clause (4), the word ``authority'' is substituted for 
``agency'' for consistency in the revised title and with other 
titles of the United States Code.

                                                  Section 49102                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49102(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6003(a), 100  
                                                                                  Stat. 1783-374.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6003(a), 100  
                                                                                  Stat. 3341-377.               
49102(b)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6003(b), 100  
                                                                                  Stat. 1783-374.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6003(b), 100  
                                                                                  Stat. 3341-377.               
----------------------------------------------------------------------------------------------------------------

    In subsection (b), the words ``and conditions'' are omitted 
as being icluded in ``terms''.

                                                  Section 49103                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49103..................................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6004, 100     
                                                                                  Stat. 1783-374.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6004, 100     
                                                                                  Stat. 3341-377.               
----------------------------------------------------------------------------------------------------------------

    In this section, the text of section 6004(1) and (5) of the 
Metropolitan Washington Airports Act of 1986 (Public Law 99-
500, 100 Stat. 1783-374, 1783-375, Public Law 99-591, 100 Stat. 
3341-378) is omitted as surplus because the complete names of 
the Administrator of the Federal Aviation Administration and 
the Secretary of Transportation are used the first time those 
terms appear in a section.
    In clause (1), the words ``an organization within the 
Federal Aviation Administration'' are omitted as surplus.

                                                  Section 49104                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49104(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec. Sec.  6005(a), 
                                                                                  (c), (d), 6007(d)(last        
                                                                                  sentence), 100 Stat. 1783-375,
                                                                                  1783-376, 1783-380.           
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec. Sec.  6005(a), 
                                                                                  (c), (d), 6007(d)(last        
                                                                                  sentence), 100 Stat. 3341-378,
                                                                                  3341-379, 3341-383.           
49104(b)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6005(b), 100  
                                                                                  Stat. 1783-375.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6005(b), 100  
                                                                                  Stat. 3341-378.               
49104(c)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6005(e), 100  
                                                                                  Stat. 1783-378.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6005(e), 100  
                                                                                  Stat. 3341-381.               
49104(d)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6010, 100     
                                                                                  Stat. 1783-385.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6010, 100     
                                                                                  Stat. 3341-388.               
----------------------------------------------------------------------------------------------------------------

    In subsection (a), before clause (1), the text of section 
6005(a) and (d) of the Metropolitan Washington Airports Act of 
1986 (Public Law 99-500, 100 Stat. 1783-375, 1783-378, Public 
Law 99-591, 100 Stat. 3341-378, 3341-381) is omitted as 
executed. The words ``conditions and requirements'' are omitted 
as surplus. In clause (5)(B), the words ``(relating to new-
technology aircraft)'' and ``(relating to violations of Federal 
Aviation Administration regulations as Federal misdemeanors)'' 
are omitted as surplus. In clause (5)(C), the words ``after the 
date the lease takes effect'' are omitted as obsolete. In 
clause (6)(A), the words ``(tangible and incorporeal, present 
and executory)'' are omitted as surplus. The words ``The 
Airports Authority must'' are substituted for ``Before the date 
the lease takes effect, the Secretary shall also assure that 
the Airports Authority has agreed to'' to eliminate obsolete 
words. The words ``duties and powers'' are substituted for 
``functions'' for consistency in the revised title and with 
other titles of the United States Code. In clause (7), the 
words ``or places'' are omitted because of 1:1. The words 
``books, accounts . . . reports, files, papers'' are omitted as 
being included in ``reports''. In clause (8), the words ``for 
purposes of section 49106(d) of this title'' are added for 
clarity. In clause (9), before subclause (A), the words 
``Notwithstanding any other provision of law'' are omitted as 
surplus. In clause (11), the words ``and conditions'' are 
omitted as being included in ``terms''.
    In subsection (b), the text of section 6005(b)(2) 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 omitted as executed.

                                                  Section 49105                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49105(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6006(a), 100  
                                                                                  Stat. 1783-378.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6006(a), 100  
                                                                                  Stat. 3341-381.               
49105(b)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6006(b), 100  
                                                                                  Stat. 1783-379.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6006(b), 100  
                                                                                  Stat. 3341-382.               
----------------------------------------------------------------------------------------------------------------



                                                  Section 49106                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49106(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(a), (b), 
                                                                                  100 Stat. 1783-379.           
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(a), (b), 
                                                                                  100 Stat. 3341-382.           
49106(b)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(c), 100  
                                                                                  Stat. 1783-379.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(c), 100  
                                                                                  Stat. 3341-382.               
49106(c)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(e), 100  
                                                                                  Stat. 1783-380.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(e), 100  
                                                                                  Stat. 3341-383.               
49106(d)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(d)(1st,  
                                                                                  2d sentences), 100 Stat. 1783-
                                                                                  379.                          
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(d)(1st,  
                                                                                  2d sentences), 100 Stat. 3341-
                                                                                  382.                          
49106(e)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(g), 100  
                                                                                  Stat. 1783-382.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(g), 100  
                                                                                  Stat. 3341-385.               
49106(f)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(h), 100  
                                                                                  Stat. 1783-382; Dec. 18, 1991,
                                                                                  Pub. L.102-240, title VII,    
                                                                                  Sec.  7002(g), 105 Stat. 2202.
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(h), 100  
                                                                                  Stat. 3341-385; Dec. 18, 1991,
                                                                                  Pub. L. 102-240, title VII,   
                                                                                  Sec.  7002(g), 105 Stat. 2202.
49106(g)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(i), as   
                                                                                  added Dec. 18, 1991, Pub. L.  
                                                                                  102-240, title VII, Sec.      
                                                                                  7002(h), 105 Stat. 2202.      
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(i), as   
                                                                                  added Dec. 18, 1991, Pub. L.  
                                                                                  102-240, title VII, Sec.      
                                                                                  7002(h), 105 Stat. 2202.      
----------------------------------------------------------------------------------------------------------------

    In subsection (b)(2)(A), the words ``Virginia, the District 
of Columbia'' are substituted for ``either jurisdiction'' for 
clarity.
    In subsection (d), the words ``The Airports Authority shall 
be subject to a conflict-of-interest provision providing that'' 
are omitted as surplus.
    In subsection (f), the words ``duties and powers'' are 
substituted for ``functions'' for consistency in the revised 
title and with other titles of the Code.
    In subsection (g), the words ``Committee on Transportation 
and Infrastructure'' are substituted for ``Committee on Public 
Works and Transportation'' because of the amendment of clause 
1(q) of Rule X of the Rules of the House of Representatives by 
section 202(a) of H. Res. 6, approved January 4, 1995.

                                                  Section 49107                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49107(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(f)(1),   
                                                                                  100 Stat. 1783-380; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(a), 105 Stat. 
                                                                                  2197.                         
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(f)(1),   
                                                                                  100 Stat. 3341-383; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(a), 105 Stat. 
                                                                                  2197.                         
49107(b)(1), (2).......................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(f)(2)(A),
                                                                                  (C), 100 Stat. 1783-381; Dec. 
                                                                                  18, 1991, Pub. L. 102-240,    
                                                                                  title VII, Sec.  7002(b), 105 
                                                                                  Stat. 2198.                   
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(f)(2)(A),
                                                                                  (C), 100 Stat. 3341-384; Dec. 
                                                                                  18, 1991, Pub. L. 102-240,    
                                                                                  title VII, Sec.  7002(b), 105 
                                                                                  Stat. 2198.                   
49107(b)(3)............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(f)(11),  
                                                                                  as added Dec. 18, 1991, Pub.  
                                                                                  L. 102-240, title VII, Sec.   
                                                                                  7002(f), 105 Stat. 2202.      
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(f)(11),  
                                                                                  as added Dec. 18, 1991, Pub.  
                                                                                  L. 102-240, title VII, Sec.   
                                                                                  7002(f), 105 Stat. 2202.      
49107(c)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(f)(2)(B),
                                                                                  (D), 100 Stat. 1783-381; Dec. 
                                                                                  18, 1991, Pub. L. 102-240,    
                                                                                  title VII, Sec.  7002(b), 105 
                                                                                  Stat. 2198.                   
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(f)(2)(B),
                                                                                  (D), 100 Stat. 3341-383; Dec. 
                                                                                  18, 1991, Pub. L. 102-240,    
                                                                                  title VII, Sec.  7002(b), 105 
                                                                                  Stat. 2198.                   
49107(d)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(f)(10),  
                                                                                  as added Dec. 18, 1991, Pub.  
                                                                                  L. 102-240, title VII, Sec.   
                                                                                  7002(f), 105 Stat. 2201.      
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(f)(11),  
                                                                                  as added Dec. 18, 1991, Pub.  
                                                                                  L. 102-240, title VII, Sec.   
                                                                                  7002(f), 105 Stat. 2201.      
49107(e)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(f)(9),   
                                                                                  100 Stat. 1783-382; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(e), 105 Stat. 
                                                                                  2200.                         
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(f)(9),   
                                                                                  100 Stat. 3341-385; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(e), 105 Stat. 
                                                                                  2200.                         
49107(f)(1)............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(f)(3),   
                                                                                  100 Stat. 1783-381; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(c), 105 Stat. 
                                                                                  2198.                         
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(f)(3),   
                                                                                  100 Stat. 3341-384; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(c), 105 Stat. 
                                                                                  2198.                         
49107(f)(2)............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(f)(8),   
                                                                                  100 Stat. 1783-382; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(e), 105 Stat. 
                                                                                  2200.                         
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(f)(8),   
                                                                                  100 Stat. 3341-385; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(e), 105 Stat. 
                                                                                  2200.                         
49107(f)(3)............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(f)(7),   
                                                                                  100 Stat. 1783-382; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(e), 105 Stat. 
                                                                                  2200.                         
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(f)(7),   
                                                                                  100 Stat. 3341-385; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(e), 105 Stat. 
                                                                                  2200.                         
49107(g)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(f)(4),   
                                                                                  100 Stat. 1783-381; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(d), 105 Stat. 
                                                                                  2198.                         
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(f)(4),   
                                                                                  100 Stat. 3341-384; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(d), 105 Stat. 
                                                                                  2198.                         
49107(h)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(f)(6),   
                                                                                  100 Stat. 1783-382; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(e), 105 Stat. 
                                                                                  2200.                         
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(f)(6),   
                                                                                  100 Stat. 3341-385; Dec. 18,  
                                                                                  1991, Pub. L. 102-240, title  
                                                                                  VII, Sec.  7002(e), 105 Stat. 
                                                                                  2200.                         
49107(i)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(f)(5), as
                                                                                  added Dec. 18, 1991, Pub. L.  
                                                                                  102-240, title VII, Sec.      
                                                                                  7002(e), 105 Stat. 2200.      
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(f)(5), as
                                                                                  added Dec. 18, 1991, Pub. L.  
                                                                                  102-240, title VII, Sec.      
                                                                                  7002(e), 105 Stat. 2200.      
----------------------------------------------------------------------------------------------------------------

    In subsection (f)(1), the reference is to subsection (g) or 
(h), rather than subsection (g) or (i), because the source 
provision should refer to paragraph (4) or (6). Paragraph (5) 
was redesignated paragraph (6) by section 7002(e) of the 
Intermodal Surface Transportation Efficiency Act of 1991 
(Public Law 102-240, 105 Stat. 2200), title VII of which is the 
Metropolitan Washington Airports Act Amendments of 1991 (105 
Stat. 2197).
    In subsection (g)(3)(B), the words ``with respect to such 
recommendation'' are omitted as surplus.
    In subsection (i)(3), the words ``Committee on 
Transportation and Infrastructure'' are substituted for 
``Committee on Public Works and Transportation'' because of the 
amendment of clause 1(q) of Rule X of the Rules of the House of 
Representatives by section 202(a) of H. Res. 6, approved 
January 4, 1995. The words ``Commerce, Science, and 
Transportation'' are substituted for ``Commerce, Science, and 
Technology'' to provide the correct name of the Committee.
    In subsection (i)(5)(A), the words ``Committee on Commerce, 
Science, and Transportation of the Senate'' are substituted for 
``committee of the Senate'' for clarity.

                                                  Section 49108                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49108(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6008(a)-(d),  
                                                                                  (f), 100 Stat. 1783-382, 1783-
                                                                                  383.                          
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6008(a)-(d),  
                                                                                  (f), 100 Stat. 3341-385, 3341-
                                                                                  387.                          
49108(b)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6008(e), 100  
                                                                                  Stat. 1783-383.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6008(e), 100  
                                                                                  Stat. 3341-386.               
49108(c)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6008(g), 100  
                                                                                  Stat. 1783-384.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6008(g), 100  
                                                                                  Stat. 3341-387.               
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1), the text of section 6008(a), (b)(2d 
and last sentences), (c), (d), and (f) of the Metropolitan 
Washington Airports Act of 1986 (Public Law 99-500, 100 Stat, 
1783-382, 1783-383, Public Law 99-591, 100 Stat. 3341-385, 
3341-386, 3341-387) is omitted as obsolete.
    In subsection (c), the words ``duty or power'' are 
substituted for ``functions'' for consistency in the revised 
title and with other titles of the United States Code.

                                                  Section 49109                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49109..................................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6012, 100     
                                                                                  Stat. 1783-385.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6012, 100     
                                                                                  Stat. 3341-388.               
----------------------------------------------------------------------------------------------------------------



                                                  Section 49110                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49110(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6009(a), 100  
                                                                                  Stat. 1783-384.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6009(a), 100  
                                                                                  Stat. 3341-387.               
49110(b)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6009(b), 100  
                                                                                  Stat. 1783-384.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6009(b), 100  
                                                                                  Stat. 3341-387.               
49110(c)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6009(c), 100  
                                                                                  Stat. 1783-384.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6009(c), 100  
                                                                                  Stat. 3341-387.               
49110(d)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6009(d), 100  
                                                                                  Stat. 1783-384.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6009(d), 100  
                                                                                  Stat. 3341-387.               
49110(e)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6009(e), 100  
                                                                                  Stat. 1783-384.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6009(e), 100  
                                                                                  Stat. 3341-388.               
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1), the word ``deemed'' is substituted 
for ``considered'' for consistency in the revised title and 
with other titles of the United States Code.
    In subsection (e), the text of section 6009(e)(2) of the 
Metropolitan Washington Airports Act of 1986 (Public Law 99-
500, 100 Stat. 1783-385, Public Law 99-591, 100 Stat. 3341-388) 
is omitted as executed.

                                                  Section 49111                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49111..................................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6011, 100     
                                                                                  Stat. 1783-385.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6011, 100     
                                                                                  Stat. 3341-388.               
----------------------------------------------------------------------------------------------------------------

    The word ``thereby'' is omitted as surplus.

                             Section 5(91)

    This makes a clarifying amendment to 49:50101(a) and 
(b)(3), 50102, 50104(b)(1), and 50105, as redesignated by 
clause (89)(D) of this section, because 49:47106(d) was struck 
by section 108(1) of the Federal Aviation Administration 
Authorization Act of 1994 (Public Law 103-305, 108 Stat. 1573).

                             Section 5(92)

    This amends 49:60101 for consistency with the style of 
title 49.

                             Section 5(93)

    This amends 49:60114(a)(9) to clarify the restatement of 49 
App.:1687(b) by section 1 of the Act of July 5, 1994 (Public 
Law 103-272, 108 Stat. 1319), because the requirement for 
substantially the same sanctions was not intended to include 
criminal penalties.

                             Section 5(94)

    This amends 49:70102(6) to correct an error in the 
codification enacted by section 1 of the Act of July 5, 1994 
(Public Law 103-272, 108 Stat. 1331).

                             Section 5(95)

    This amends 49:70112(a)(3)(B) to clarify a cross-reference 
in the codification enacted by section 1 of the Act of July 5, 
1994 (Public Law 103-272, 108 Stat. 1337).

                             Section 5(96)

    This amends 49:70113(e)(6)(D) to correct an error in the 
codification enacted by section 1 of the Act of July 5, 1994 
(Public Law 103-272, 108 Stat. 1340).

                             Section 5(97)

    This amends 49:70117(b)(2) by updating a cross-reference. 
Section 4 of the Land Remote Sensing Policy Act of 1992 (Public 
Law 102-555, 106 Stat. 4166) repealed the The Land Remote-
Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et seq.). 
The substantive provisions of the Land Remote Sensing Policy 
Act of 1992, which replaced the Land Remote-Sensing 
Commercialization Act of 1984, were classified to the United 
States Code at 15 U.S.C. 5601 et seq.

               section 6--technical changes to other laws

    Section 6(a)(1) amends section 4(f)(1)(S) of the Act of 
July 5, 1994 (Public Law 103-272, 108 Stat. 1362), as of the 
effective date of that Act, to enable section 4(f)(1)(S) to be 
executed correctly.
    Section 6(a)(2) amends section 5(e)(11) of the Act of July 
5, 1994 (Public Law 103-272, 108 Stat. 1374), as of the 
effective date of that Act, to enable section 5(e)(11) to be 
executed correctly.
    Section 6(b) amends section 105(b)(2) of the Hazardous 
Materials Transportation Act of 1994 (title I of Public Law 
103-311, 108 Stat. 1674), as of the effective date of that Act, 
to enable section 105(b)(2) to be executed correctly.
    Section 6(c)(1) amends section 335A of the Department of 
Transportation and Related Agencies Act, 1995 (Public Law 103-
331, 108 Stat. 2495), as of the effective date of that Act, to 
enable section 335A to be executed correctly.
    Section 6(c)(2) amends section 343 of the Department of 
Transportation and Related Agencies Act, 1995 (Public Law 103-
331, 108 Stat. 2496), as of the effective date of that Act, to 
enable section 343 to be executed correctly.
    Section 6(d)(1)(A) amends section 6(41) of the Act of 
October 31, 1994 (Public Law 103-429, 108 Stat. 4382), as of 
the effective date of that Act, to enable section 6(44)(B) to 
be executed correctly.
    Section 6(d)(1)(B) amends section 6(44)(B) of the Act of 
October 31, 1994 (Public Law 103-429, 108 Stat. 4383), as of 
the effective date of that Act, to enable section 6(44)(B) to 
be executed correctly.
    Section 6(d)(2) amends section 8(1) of the Act of October 
31, 1994 (Public Law 103-429, 108 Stat. 4390), as of the 
effective date of that Act, to enable section 8(1) to be 
executed correctly.
    Section 6(e) amends section 10(c)(2) of the Act of November 
2, 1994 (Public Law 103-437, 108 Stat. 4589), as of the 
effective date of that Act, and revives 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), to 
enable section 107(b) to remain in effect.
    Section 6(f)(1) amends section 102(b) of the ICC 
Termination Act of 1995 (Public Law 104-88, 109 Stat. 852), as 
of the effective date of that Act, to enable section 102(b) to 
be executed correctly.
    Section 6(f)(2) amends section 305(d)(6) of the ICC 
Termination Act of 1995 (Public Law 104-88, 109 Stat. 945), as 
of the effective date of that Act, to enable section 305(d)(6) 
to be executed correctly.
    Section 6(f)(3) amends section 308(j) of the ICC 
Termination Act of 1995 (Public Law 104-88, 109 Stat. 947), as 
of the effective date of that Act, to enable section 308(j) to 
be executed correctly.
    Section 6(f)(4) amends section 327(5) of the ICC 
Termination Act of 1995 (Public Law 104-88, 109 Stat. 952), as 
of the effective date of that Act, to conform the table of 
contents of the Regional Rail Reorganization Act of 1973 
(Public Law 93-236, 87 Stat. 985) to the text of the Act.
    Section 6(g) amends section 401 of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 451) to clarify the amendment 
made by section 4(a) of the Act of July 5, 1994 (Public Law 
103-272, 108 Stat. 1360).
    Section 6(h) amends section 917(a)(4) of the Consumer 
Credit Protection Act (15 U.S.C. 1693o(a)(4)) to reflect the 
transfer of functions under that section by section 9(n) of the 
Civil Aeronautics Board Sunset Act of 1984 (Public Law 98-443, 
98 Stat. 1708).
    Section 6(i) amends section 17(d) of the Noise Control Act 
of 1972 (Public Law 92-574, 86 Stat. 1249) to make a conforming 
amendment necessary because of the codification enacted by 
section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 
Stat. 745).
    Section 6(j) amends sections 101(a)(26) and 107(c)(1)(C) of 
the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601(a)(26), 9607(c)(1)(C)) to 
make conforming cross-references necessary because of the 
codification enacted by section 1 of the Act of July 5, 1994 
(Public Law 103-272, 108 Stat. 745).
    Section 6(k) amends section 241(2) of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12161(2)) to make a 
conforming amendment necessary because of the codification 
enacted by section 1 of the Act of July 5, 1994 (Public Law 
103-272, 108 Stat. 745).

                    section 7--repeal of other laws

    Section 7(1) repeals section 119 ``Sec. 404(f)'' of the 
Amtrak Reorganization Act of 1979 (Public Law 96-73, 93 Stat. 
547) to eliminate an executed provision. Section 119 added 
section 404(f) to the Rail Service Passenger Service Act 
(Public Law 91-518, 84 Stat. 1327), that was repealed by 
section 8(6) of the Act of October 31, 1994 (Public Law 103-
429, 108 Stat. 4390).
    Section 7(2) repeals sections 1(a)(3) and (b), 2, and 4-6 
of Reorganization Plan No. 2 of 1968 (effective June 30, 1968, 
82 Stat. 1369) to eliminate obsolete provisions.
    Section 7(3) repeals sections 5005 and 6020 of the 
Intermodal Surface Transportation Efficiency Act (49 U.S.C. 
301(notes)) to eliminate obsolete provisions. Section 5005 
provided for a National Commission on Intermodal Transportation 
and provided that the Commission terminate on the 180th day 
following the date the final report of the Commission was 
submitted to Congress. That report was submitted on September 
29, 1994. Section 6020 provided that the Secretary of 
Transportation conduct a study to evaluate the feasibility, 
costs, and benefits of constructing and operating pneumatic 
capsule pipelines for underground movement of commodities other 
than hazardous liquid and gas and submit a report on the 
results of the study not later than 2 years after December 18, 
1991. The report has been submitted.
    Section 7(4) repeals section 317 of the Department of 
Transportation and Related Agencies Appropriations Act, 1995 
(49 U.S.C. 44502(note)) because section 317 was a repeat 
provision and an identical provision was restated as 
49:44502(f) by the codification of title 49 as enacted by 
section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 
Stat. 1176).
    Section 7(5) repeals the Department of Transportation Act 
(Public Law 89-670, 80 Stat. 931). The substantive provisions 
of this law were restated as part of title 49, United States 
Code, and repealed by those restatements. Those provisions were 
repealed by section 4(b) of the Act of October 13, 1978 (Public 
Law 95-473, 92 Stat. 1469), section 7(b) of the Act of January 
12, 1983 (Public Law 97-449, 96 Stat. 2444), and section 7(b) 
of the Act of July 5, 1994 (Public Law 103-272, 108 Stat. 
1365). The remaining sections of the Department of 
Transportation Act repealed in this bill consist of amendments 
to other laws and provisions related to the construction of 
those amendments. The provisions amended include section 206(c) 
of the Appalachian Regional Development Act of 1965 (40 App. 
U.S.C. 206(c)), section 13(b)(1) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 213(b)(1)), section 1 of the Act of May 
13, 1954 (33 U.S.C. 981), section 3(a) of the Marine Resources 
and Engineering Development Act of 1966 (Public Law 89-454, 80 
Stat. 204), section 2(e) of the Act of September 22, 1966 
(Public Law 89-599, 80 Stat. 829), and titles 3, 5, 10, and 18 
of the Code. Because the sections being repealed are amendatory 
or constructive in nature, all that is being repealed is the 
directory language of the statute. This clause completes the 
repeal of the Department of Transportation Act.
    Section 7(6) repeals sections 129 and 135 of the Airport 
and Airway Safety, Capacity, Noise Improvement, and Intermodal 
Transportation Act of 1992 (Public Law 102-581, 106 Stat. 
4886), to eliminate executed provisions.
    Section 7(7) repeals section 27 of the Bus Regulatory 
Reform Act of 1982 (Public Law 97-261, 96 Stat. 1126) to 
eliminate an obsolete provision.
    Section 7(8) repeals section 4007(a), (c), (d), and (e) of 
the Intermodal Surface Transportation Efficiency Act of 1991 
(Public Law 102-240, 105 Stat. 2151, 2152) to eliminate 
obsolete provisions.

                       section 8--effective date

    Section 8(1) provides that the conforming amendment to 
title 28 and certain technical and conforming amendments to 
title 49, as enacted by section 1 of the Act of July 5, 1994 
(Public Law 103-272, 108 Stat. 745), are effective as of the 
date of enactment of that Act.
    Section 8(2) provides that the conforming amendment to 
49:47117(e)(1)(B) under section 5(83)(A) of this Act is 
effective as of the enactment of the Act of October 31, 1994 
(Public Law 103-429, 108 Stat. 4377), because of the amendments 
to 49:47504 in section 6(71)(C) of the Act of October 31, 1994 
(Public Law 103-429, 108 Stat. 4387).

            section 9--legislative purpose and construction

    Section 9 contains a statement of the legislative effect in 
enacting the bill, savings provisions, and provisions to assist 
in interpreting and applying the provisions of law enacted by 
the bill.

                          section 10--repeals

    Section 10 relates to the repeal of those statutes that are 
codified and reenacted by the bill.
    Subsection (a) provides that a repeal of a law may not be 
construed as a legislative inference that the provision was or 
was not in effect before its repeal.
    Subsection (b) contains the schedule of laws to be 
repealed. It also preserves rights, duties, and penalties 
incurred, and proceedings begun, before the date of enactment 
of the bill.

                Changes in Existing Law Made by the Bill

    As required by clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill are shown below. Existing law proposed to be omitted is 
enclosed in bold brackets, new matter is printed in italic, and 
existing law in which no change is proposed is shown in roman.

         Section 1. Amendments to Title 18, United States Code

Sec. 2721. Prohibition on release and use of certain personal 
                    information from State motor vehicle records

                                 * * *

    (b) Permissible Uses.--Personal information referred to in 
subsection (a) shall be disclosed for use in connection with 
matters of motor vehicle or driver safety and theft, motor 
vehicle emissions, motor vehicle product alterations, recalls, 
or advisories, performance monitoring of motor vehicles and 
dealers by motor vehicle manufacturers, and removal of non-
owner records from the original owner records of motor vehicle 
manufacturers to carry out the purposes of [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] 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, and may be disclosed as follows:

                                 * * *

          (9) For use by an employer or its agent or insurer to 
        obtain or verify information relating to a holder of a 
        commercial driver's license that is required under [the 
        Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 
        App. 2710 et seq)] chapter 313 of title 49.

                                 * * *

          Section 2. Amendment to Title 23, United States Code

Sec. 103. Federal-aid systems

                                 * * *

    (e) Interstate System.--

                                 * * *

          (4) Interstate substitute program.--

                                 * * *

          (L) Applicability of [fta] chapter 53 of title 49.--

                                 * * *

          Section 3. Amendment to Title 28, United States Code

Sec. 1445. Nonremovable actions

    (a) A civil action in any State court against a railroad or 
its receivers or trustees, arising under sections [51-60 of 
Title 45] 1-4 and 5-10 of the Act of April 22, 1908 (45 U.S.C. 
51-54, 55-60), may not be removed to any district court of the 
United States.

                                 * * *

         Section 4. Amendments to Title 31, United States Code

Sec. 1105. Budget contents and submission to Congress

    (a) On or after the first Monday in January but not later 
than the first Monday in February of each year, the President 
shall submit a budget of the United States Government for the 
following fiscal year. Each budget shall include a budget 
message and summary and supporting information. The President 
shall include in each budget the following:

                                 * * *

          [(27)] (26) a separate statement of the amount of 
        appropriations requested for the Office of National 
        Drug Control Policy and each program of the National 
        Drug Control Program.
          [(28)] (27) a separate statement of the amount of 
        appropriations requested for the Office of Federal 
        Financial Management.
          [(29)] (28) beginning with fiscal year 1999, a 
        Federal Government performance plan for the overall 
        budget as provided for under section 1115.
          [(30)] (29) information about the Violent Crime 
        Reduction Trust Fund, including a separate statement of 
        amounts in that Trust Fund.
          [(31)] (30) an analysis displaying, by agency, 
        proposed reductions in full-time equivalent positions 
        compared to the current year's level in order to comply 
        with section 5 of the Federal Workforce Restructuring 
        Act of 1994.

                                 * * *

Sec. 9101. Definitions

    In this chapter--

                                 * * *

          (2) ``mixed-ownership Government corporation'' 
        means--

                                 * * *

                  [(J) the United States Railway Association.]
                  [(K)] (J) the Financing Corporation.
                  [(L)] (K) the Resolution Trust Corporation.
                  [(M)] (L) the Resolution Funding Corporation.
          (3) ``wholly owned Government corporation'' means--

                                 * * *

                  (B) the Community Development Financial 
                Institutions [Fund;] Fund.

                                 * * *

                  [(N)] (O) the Uranium Enrichment Corporation.

                                 * * *

         Section 5. Amendments to Title 49, United States Code

Sec. 106. Federal Aviation Administration

                                 * * *

    (b) The head of the Administration is the Administrator. 
The Administration has a Deputy Administrator. They are 
appointed by the President, by and with the consent of the 
Senate. When making an appointment, the President shall 
consider the fitness of the individual to carry out efficiently 
the duties and powers of the office. The Administrator reports 
directly to the Secretary of Transportation. The term of office 
for any individual appointed as Administrator after [the date 
of the enactment of this sentence] August 23, 1994, shall be 5 
years.

                                 * * *

Sec. 111. Bureau of Transportation Statistics

                                 * * *

    (b) Director.--

                                 * * *

          (4) Term.--The term of the Director shall be 4 years. 
        The term of the first Director to be appointed shall 
        begin on the 180th day after [the date of the enactment 
        of this section] December 18, 1991.

                                 * * *

    (g) Performance of Functions of Director Pending 
Confirmation.--An individual who, on [the date of the enactment 
of this section] December 18, 1991, is performing any function 
required by this section to be performed by the Director may 
continue to perform such function until such function is 
undertaken by the Director.

                                 * * *

Sec. 329. Transportation information

                                 * * *

    (b) The Secretary shall--
          (1) collect and disseminate information on civil 
        aeronautics (other than that collected and disseminated 
        by the National Transportation Safety Board under 
        chapter 11 of this title) including, at a minimum, 
        information on (A) the origin and destination of 
        passengers in interstate air transportation [(as those 
        terms are used in such Act)] (as that term is used in 
        part A of subtitle VII of this title), and (B) the 
        number of passengers traveling by air between any two 
        points in interstate air transportation; except that in 
        no case shall the Secretary require an air carrier to 
        provide information on the number of passengers or the 
        amount of cargo on a specific flight if the flight and 
        the flight number under which such flight operates are 
        used solely for interstate air transportation and are 
        not used for providing essential air transportation 
        under subchapter II of chapter 417 of this title.

                                 * * *

    (d) To assist in carrying out duties and powers under part 
of A of subtitle VII of this title, the Secretary of 
Transportation shall maintain separate cooperative agreements 
with the Secretary of Defense and the Administrator of the 
National Aeronautics and Space Administration for the timely 
exchange of information on their programs, policies, and 
requirements directly related to carrying out [that Act] that 
part.

                                 * * *

Sec. 521. Civil penalties

                                 * * *

    (b)(1)(A) If the Secretary finds that a violation of a 
provision of subchapter III of chapter 311 (except sections 
31138 and 31139) or section 31302, 31303, 31304, 31305(b), 
31310(g)(1)(A), or 31502 of this title, or a violation of a 
regulation issued under any of those provisions, has occurred, 
the Secretary shall issue a written notice to the violator. 
Such notice shall describe with reasonable particularity the 
nature of the violation found and the provision which has been 
violated. The notice shall fix a reasonable time for abatement 
of the violation, specify the proposed civil penalty, if any, 
and suggest actions which might be taken in order to abate the 
violation. The notice shall indicate that the violator may, 
within 15 days of service, notify the Secretary of the 
violator's intention to contest the matter. In the event of a 
contested notice, the Secretary shall afford such violator an 
opportunity for a hearing, pursuant to section 554 of title 5, 
following which the Secretary shall issue an order affirming, 
modifying, or vacating the notice of violation.
    (B) The Secretary shall, not later than 60 days after [the 
date of enactment of this subparagraph] November 3, 1990, 
establish operational procedures to require a highway safety 
specialist or other appropriate representative of the Secretary 
to initiate, at the time of a safety review, compliance review, 
or other inspection or audit activity, or within a reasonable 
time thereafter, an enforcement action whenever any of the 
offenses referred to in paragraph (2)(A) and (B) can be 
documented, except recordkeeping violations not specified by 
the Secretary as serious. The procedures shall--

                                 * * *

Sec. 701. Establishment of Board

                                 * * *

    (b) Membership.--(1) The Board shall consist of 3 members, 
to be appointed by the President, by and with the advice and 
consent of the Senate. Not more than 2 members may be appointed 
from the same political party.

                                 * * *

    (4) On [the effective date of this section] January 1, 
1996, the members of the Interstate Commerce Commission serving 
unexpired terms on [the date of the enactment of the ICC 
Termination Act of 1995] December 29, 1995, shall become 
members of the Board, to serve for a period of time equal to 
the remainder of the term for which they were originally 
appointed to the Interstate Commerce Commission. Any member of 
the Interstate Commerce Commission whose term expires on 
December 31, 1995, shall become a member of the Board, subject 
to paragraph (3).

                                 * * *

Sec. 702. Functions

    Except as otherwise provided in the ICC Termination Act of 
1995, or the amendments made thereby, the Board shall perform 
all functions that, immediately before [the effective date of 
such Act] January 1, 1996, were functions of the Interstate 
Commerce Commission or were performed by any officer or 
employee of the Interstate Commerce Commission in the capacity 
as such officer or employee.

                                 * * *

Sec. 726. Railroad-Shipper Transportation Advisory Council

    (a) Establishment; Membership.--There is established the 
Railroad-Shipper Transportation Advisory Council (in this 
section referred to as the ``Council'') to be composed of 19 
members, of which 15 members shall be appointed by the Chairman 
of the Board, after recommendation from rail carriers and 
shippers, within 60 days after [the date of enactment of the 
ICC Termination Act of 1995] December 29, 1995. The members of 
the Council shall be appointed as follows:

                                 * * *

Sec. 5116. Planning and training grants, monitoring, and review

                                 * * *

    (j) Supplemental Training Grants.--

                                 * * *

          (4) The Secretary may only make a grant to an 
        organization under this subsection in a fiscal year if 
        the organization enters into an agreement with the 
        Secretary to train instructors to conduct hazardous 
        materials response training programs in such fiscal 
        year that will use--
                  (A) a course or courses developed or 
                identified under [subsection (g)] section 5115 
                of this title; or

                                 * * *

Sec. 5119. Uniform forms and procedures

                                 * * *

    (b) Consultation and Reporting.--The working group--

                                 * * *

          (2) not later than November 16, 1993, shall submit to 
        the Secretary, the Committee on Commerce, Science, and 
        Transportation of the Senate, and the Committee on 
        [Public Works and Transportation] Transportation and 
        Infrastructure of the House of Representatives a final 
        report that contains--
                  (A) a detailed statement of its findings and 
                conclusions; and
                  (B) its joint recommendations on the matters 
                referred to in subsection (a) of this section.

                                 * * *

Sec. 5303. Metropolitan planning

                                 * * *

    (f) Developing Long-Range Plans.--(1) Each metropolitan 
planning organization shall prepare and update periodically, 
according to a schedule the Secretary of Transportation decides 
is appropriate, a long-range plan for its metropolitan area 
under the requirements of this section. The plan shall be in 
the form the Secretary considers appropriate and at least 
shall--

                                 * * *

    (2) When formulating a long-range plan, the metropolitan 
planning organization shall consider the factors described in 
subsection [(e)] (b) of this section as they are related to a 
20-year forecast period.

                                 * * *

    (h) Balanced and Comprehensive Planning.--(1) To the extent 
practicable, the Secretary of Transportation shall ensure that 
amounts made available under section 5338(g)(1) of this title 
to carry out this section and sections 5304-5306 of this title 
are used to support balanced and comprehensive transportation 
planning that considers the relationships among land use and 
all transportation modes, without regard to the programmatic 
source of the planning amounts.

                                 * * *

    (4) To the maximum extent practicable, the Secretary of 
Transportation shall ensure that no metropolitan planning 
organization is allocated less than the amount it received by 
administrative formula under this section in the fiscal year 
that ended September 30, 1991. To carry out this subsection, 
the Secretary may make a proportionate reduction in other 
amounts made available to carry out section [5338(g)(1)] 
5338(g) of this title.

                                 * * *

Sec. 5307. Block grants

    (a) Definitions.--In this section--

                                 * * *

          (2) ``designated recipient'' means--
                  (A) a person designated, consistent with the 
                planning process under sections 5303-5306 of 
                this title, by the chief executive officer of a 
                State, responsible local officials, and 
                publicly owned operators of mass transportation 
                to receive and apportion amounts under section 
                5336 of this title that are attributable to 
                transportation management areas established 
                under section 5305(a) of this title; or
                  (B) a State or regional authority if the 
                authority is responsible under the laws of a 
                State for a capital project and for financing 
                and directly providing mass transportation[; 
                or] .
                  [(C) a recipient designated under section 
                5(b)(1) of the Federal Transit Act not later 
                than January 5, 1983.]

                                 * * *

    (d) Grant Recipient Requirements.--A recipient may receive 
a grant in a fiscal year only if--
          (1) the recipient, within the time the Secretary 
        prescribes, submits a final program of projects 
        prepared under subsection (c) of this section and a 
        certification for that fiscal year that the recipient 
        (including a person receiving amounts from a chief 
        executive officer of a State under this section)--

                                 * * *

                  (H) will comply with sections [5301(a) and 
                (d), 5303-5306, and 5310(a)-(d)] 5301(a) and 
                (d) and 5303-5306 of this title;

                                 * * *

Sec. 5309. Discretionary grants and loans

    (a) General Authority.--(1) The Secretary of Transportation 
may make grants and loans under this section to assist State 
and local governmental authorities in financing--
          [(1)] (A) capital projects for new fixed guideway 
        systems, and extensions to existing fixed guideway 
        systems, including the acquisition of real property, 
        the initial acquisition of rolling stock for the 
        systems, alternatives analysis related to the 
        development of the systems, and the acquisition of 
        rights of way, and relocation, for fixed guideway 
        corridor development for projects in the advanced 
        stages of alternatives analysis or preliminary 
        engineering;
          [(2)] (B) capital projects, including property and 
        improvements (except public highways other than fixed 
        guideway facilities), needed for an efficient and 
        coordinated mass transportation system;
          [(3)] (C) the capital costs of coordinating mass 
        transportation with other transportation;
          [(4)] (D) the introduction of new technology, through 
        innovative and improved products, into mass 
        transportation;
          [(5)] (E) transportation projects that enhance urban 
        economic development or incorporate private investment, 
        including commercial and residential development, 
        because the projects--
                  [(A)] (i) enhance the effectiveness of a mass 
                transportation project and are related 
                physically or functionally to that mass 
                transportation project; or
                  [(B)] (ii) establish new or enhanced 
                coordination between mass transportation and 
                other transportation;
          [(6)] (F) mass transportation projects planned, 
        designed, and carried out to meet the special needs of 
        elderly individuals and individuals with disabilities; 
        and
          [(7)] (G) the development of corridors to support 
        fixed guideway systems, including protecting rights of 
        way through acquisition, construction of dedicated bus 
        and high occupancy vehicle lanes and park and ride 
        lots, and other nonvehicular capital improvements that 
        the Secretary may decide would result in increased mass 
        transportation usage in the corridor.
    (2) The Secretary of Transportation shall require that all 
grants and loans under this subsection be subject to all terms, 
requirements, and provisions the Secretary decides are 
necessary or appropriate for the purposes of this section, 
including requirements for the disposition of net increases in 
value of real property resulting from the project assisted 
under this section.

                                 * * *

    (e) Criteria for Grants and Loans for Fixed Guideway 
Systems.--(1) This subsection applies to a project--

                                 * * *

    (4)(A) The Secretary of Transportation shall issue 
guidelines on how the Secretary will evaluate results of 
alternatives analysis, project justification, and the degree of 
local financial commitment.
    (B) The project justification under paragraph [(1)(B)] 
(2)(B) of this subsection shall be adjusted to reflect 
differences in local land, construction, and operating costs.

                                 * * *

    (g) Letters of Intent, Full Financing Grant Agreements, and 
Early Systems Work Agreements.--(1)(A) The Secretary of 
Transportation may issue a letter of intent to an applicant 
announcing an intention to obligate, for a project under this 
section, an amount from future available budget authority 
specified in law that is not more than the amount stipulated as 
the financial participation of the Secretary in the project. 
The amount shall be sufficient to complete at least an operable 
segment when a letter is issued for a fixed guideway project.
    (B) At least 30 days before issuing a letter under 
subparagraph (A) of this paragraph, the Secretary of 
Transportation shall notify in writing the Committee on [Public 
Works and Transportation] Transportation and Infrastructure of 
the House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate of the proposed 
issuance of the letter.

                                 * * *

    (m) Allocating Amounts.--(1) Of the amounts available for 
grants and loans under this section for each of the fiscal 
years ending September 30, 1993-1997--
          (A) 40 percent is available for rail fixed guideway 
        modernization;

                                 * * *

    (3) Not later than January 20 of each year, the Secretary 
of Transportation shall submit to the Committee on [Public 
Works and Transportation] Transportation and Infrastructure of 
the House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate a proposal on the 
allocation of amounts to be made available to finance grants 
and loans for capital projects for new fixed guideway systems 
and extensions to existing fixed guideway systems among 
applicants for those amounts.

                                 * * *

Sec. 5315. National mass transportation institute

                                 * * *

    (d) Availability of Amounts.--Not more than .5 percent of 
the amounts made available for a fiscal year beginning after 
September 30, 1991, to a State or public mass transportation 
authority in the State to carry out sections [5304 and 5306] 
5307 and 5309 of this title is available for expenditure by the 
State and public mass transportation authorities in the State, 
with the approval of the Secretary, to pay not more than 80 
percent of the cost of tuition and direct educational expenses 
related to educating and training State and local 
transportation employees under this section.

                                 * * *

Sec. 5317. Transportation centers

    (b) Grants for University Transportation Centers.--(1) To 
accelerate the involvement and participation of minority 
individuals and women in transportation-related professions, 
particularly in the science, technology, and engineering 
disciplines, the Secretary shall make grants to Morgan State 
University to establish a national center for transportation 
management, research, and development. The center shall give 
special attention to designing, developing, and carrying out 
research, training, and technology transfer activities to 
increase the number of highly skilled minority individuals and 
women entering the transportation workforce.

                                 * * *

    (5)(A) The Secretary shall make grants to the University of 
Idaho to establish a National Center for Advanced 
Transportation Technology. The Center shall be established and 
operated in partnership with private industry and shall conduct 
industry-driven research and development activities that focus 
on transportation-related manufacturing and engineering 
processes, materials, and equipment.

                                 * * *

    (C) Amounts authorized by section 5338(e)(2) of this title 
may be obligated in the same way as amounts apportioned under 
chapter 1 of title 23 (except that the Government share of the 
cost of the activities conducted under subparagraph (B) of this 
paragraph is 80 percent and the amounts remain available until 
expended) and are not subject to an obligational limitation.
    (D) A grant made under this paragraph is not subject to the 
requirements of this section [(except this paragraph)].

                                 * * *

Sec. 5323. General provisions on assistance

                                 * * *

    (b) Notice and Public Hearing.--(1) An application for a 
grant or loan under this chapter [(except section 5307)] for a 
capital project that will affect substantially a community, or 
the mass transportation service of a community, must include a 
certificate of the applicant that the applicant has--

                                 * * *

    (c) Acquiring New Bus Models.--Amounts appropriated or made 
available under this chapter [(except section 5307)] after 
September 30, 1989, may be obligated or expended to acquire a 
new bus model only if a bus of the model has been tested at the 
facility established under section 5318 of this title.

                                 * * *

    (e) Bus Passenger Seat Functional Specifications.--The 
initial advertising by a State or local governmental authority 
for bids to acquire buses using financial assistance under this 
chapter [(except section 5307)] may include passenger seat 
functional specifications that are at least equal to 
performance specifications the Secretary of Transportation 
prescribes. The specifications shall be based on a finding by 
the State or local governmental authority of local requirements 
for safety, comfort, maintenance, and life cycle costs.

                                 * * *

Sec. 5325. Contract requirements

                                 * * *

    (d) [Management, Architectural, and Engineering Contracts] 
Architectural, Engineering, and Design Contracts.--A contract 
for program management, construction management, a feasibility 
study, and preliminary engineering, design, architectural, 
engineering, surveying, mapping, or related services for a 
project for which a grant or loan is made under this chapter 
shall be awarded in the same way as a contract for 
architectural or engineering services is negotiated under title 
IX of the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 541 et seq.) or an equivalent qualifications-
based requirement of a State. This subsection does not apply to 
the extent a State has adopted or adopts by law a formal 
procedure for procuring those services.

                                 * * *

Sec. 5327. Project management oversight

                                 * * *

    (c) Limitations on Use of Available Amounts.--(1) The 
Secretary may use not more than .5 percent of amounts made 
available for a fiscal year to carry out section 5307, 5309, or 
5311 of this title, an interstate transfer mass transportation 
project under section 103(e)(4) of title 23 as in effect on 
September 30, 1991, or a project under the National Capital 
Transportation Act of 1969 (Public Law 91-143, 83 Stat. 320) to 
make a contract to oversee the construction of a major project 
under section 5307, 5309, 5311, or 103(e)(4) or that Act. The 
Secretary may use when necessary not more than an additional 
.25 percent of amounts made available in a fiscal year to carry 
out a major project under section [5307] 5309 to make a 
contract to oversee the construction of the project.

                                 * * *

Sec. 5328. Project review

                                 * * *

    (b) Allowed Delays.--(1) Advancement of a project under the 
time requirements of subsection (a) of this section may be 
delayed only--

                                 * * *

    (3) At least once every 6 months, the Secretary shall 
report to the Committee on [Public Works and Transportation] 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate on each situation in which the 
Secretary has not met a time requirement of subsection (a) of 
this section or delayed a time requirement under paragraph 
(1)(B) of this subsection. The report shall explain the reasons 
for the delay and include a plan for achieving timely 
completion of the Secretary's review.

                                 * * *

Sec. 5334. Administrative

                                 * * *

    (b) Procedures for Prescribing Regulations.--(1) The 
Secretary of Transportation shall prepare an agenda listing all 
areas in which the Secretary intends to propose regulations 
governing activities under this chapter within the following 12 
months. The Secretary shall publish the proposed agenda in the 
Federal Register as part of the Secretary's semiannual 
regulatory agenda that lists regulatory activities of the 
Federal Transit Administration. The Secretary shall submit the 
agenda to the Committees on [Public Works and Transportation] 
Transportation and Infrastructure and Appropriations of the 
House of Representatives and the Committees on Banking, 
Housing, and Urban Affairs and Appropriations of the Senate on 
the day the agenda is published.

                                 * * *

Sec. 5335. Reports and audits

                                 * * *

    (b) Quarterly Reports.--Not later than 30 days after the 
last day of each calendar quarter, the Secretary shall submit 
to the Committees on [Public Works and Transportation] 
Transportation and Infrastructure and Appropriations of the 
House of Representatives and the Committees on Banking, 
Housing, and Urban Affairs and Appropriations of the Senate a 
report on--

                                 * * *

    (c) Biennial Needs Report.--In January 1993 and in January 
of every 2d year after 1993, the Comptroller General shall 
submit to the Committee on [Public Works and Transportation] 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate a report containing an evaluation 
of the extent to which current mass transportation needs are 
addressed adequately and an estimate of the future mass 
transportation needs of the United States, including mass 
transportation needs in rural areas (particularly access to 
health care facilities). The report shall include--

                                 * * *

    (d) Biennial Transferability Report.--In January 1993 and 
in January of every 2d year after 1993, the Comptroller General 
shall submit to the Committee on [Public Works and 
Transportation] Transportation and Infrastructure of the House 
of Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate a report on carrying out section 
5307(b)(5) of this title. The report shall--

                                 * * *

          (2) include an assessment of the impact of the 
        transfers on the mass transportation needs of 
        individuals and communities in the State, including the 
        impact on--

                                 * * *

                  (B) efforts to meet the objectives of the 
                Clean Air Act (42 U.S.C. 7401 et seq.) and the 
                Americans [With] with Disabilities Act of 1990 
                (42 U.S.C. 12101 et seq.); and

                                 * * *

Sec. 5336. Apportionment of appropriations for block grants

                                 * * *

    (b) Based on Fixed Guideway Revenue Vehicle-Miles, Route-
Miles, and Passenger-Miles.--(1) In this subsection, ``fixed 
guideway revenue vehicle-miles'' and ``fixed guideway route-
miles'' include ferry boat operations directly or under 
contract by the designated recipient.
    (2) Of the amount apportioned under subsection (a)(2) of 
this section, 33.29 percent shall be apportioned as follows:
          (A) 95.61 percent of the total amount apportioned 
        under this subsection shall be apportioned so that each 
        urbanized area with a population of at least 200,000 is 
        entitled to receive an amount equal to--
                  (i) 60 percent of the 95.61 percent 
                apportioned under this subparagraph multiplied 
                by a ratio equal to the number of fixed 
                guideway revenue vehicle-miles attributable to 
                the area, as established by the Secretary of 
                Transportation, divided by the total number of 
                all fixed guideway revenue vehicle-miles 
                attributable to all areas; and
                  (ii) 40 percent of the 95.61 percent 
                apportioned under this subparagraph multiplied 
                by a ratio equal to the number of fixed 
                guideway route-miles attributable to the area, 
                established by the Secretary, divided by the 
                total number of all fixed guideway route-miles 
                attributable to all areas.
        An urbanized area with a population of at least 750,000 
        in which commuter rail transportation is provided shall 
        receive at least .75 percent of the total amount 
        apportioned under this subparagraph.
          (B) 4.39 percent of the total amount apportioned 
        under this subsection shall be apportioned so that each 
        urbanized area with a population of at least 200,000 is 
        entitled to receive an amount equal to--
                  (i) the number of fixed guideway vehicle 
                passenger-miles traveled multiplied by the 
                number of fixed guideway vehicle passenger-
                miles traveled for each dollar of operating 
                cost in an area; divided by
                  (ii) the total number of fixed guideway 
                vehicle passenger-miles traveled multiplied by 
                the total number of fixed guideway vehicle 
                passenger-miles traveled for each dollar of 
                operating cost in all areas.
        An urbanized area with a population of at least 750,000 
        in which commuter rail transportation is provided shall 
        receive at least .75 percent of the total amount 
        apportioned under this subparagraph.
          [(C) An urbanized area with a population of at least 
        750,000 in which commuter rail transportation is 
        provided shall receive at least .75 percent of the 
        total amount apportioned under this subsection.]
          [(D)] (C) Under subparagraph (A) of this paragraph, 
        fixed guideway revenue vehicle- or route-miles, and 
        passengers served on those miles, in an urbanized area 
        with a population of less than 200,000, where the miles 
        and passengers served otherwise would be attributable 
        to an urbanized area with a population of at least 
        1,000,000 in an adjacent State, are attributable to the 
        governmental authority in the State in which the 
        urbanized area with a population of less than 200,000 
        is located. The authority is deemed an urbanized area 
        with a population of at least 200,000 if the authority 
        makes a contract for the service.
          [(E)] (D) A recipient's apportionment under 
        subparagraph (A)(i) of this paragraph may not be 
        reduced if the recipient, after satisfying the 
        Secretary of Transportation that energy or operating 
        efficiencies would be achieved, reduces revenue 
        vehicle-miles but provides the same frequency of 
        revenue service to the same number of riders.

                                 * * *

Sec. 5338. Authorizations

                                 * * *

    (g) Planning, Programming, and Research.--Before 
apportioning in each fiscal year amounts made available or 
appropriated under subsection (a) of this section, an amount 
equal to 3 percent of amounts made available or appropriated 
under subsections (a) and (b) of this section is available as 
follows:

                                 * * *

          (2) 5 percent to carry out section [5308(b)(2)] 
        5311(b)(2) of this title.

                                 * * *

Sec. 10501. General jurisdiction

                                 * * *

    (c)(1) In this subsection--

                                 * * *

    (3)(A) Notwithstanding paragraph (2) of this subsection, a 
local governmental authority, described in paragraph (2), is 
subject to applicable laws of the United States related to--
          (i) safety;
          (ii) the representation of employees for collective 
        bargaining; and
          (iii) employment, retirement, annuity, and 
        unemployment systems or other provisions related to 
        dealings between employees and employers.
    (B) The Board has jurisdiction under sections 11102 and 
11103 of this title over transportation provided by a local 
governmental authority only if the Board finds that such 
governmental authority meets all of the standards and 
requirements for being a rail carrier providing transportation 
subject to the jurisdiction of the Interstate Commerce 
Commission that were in effect immediately before [the 
effective date of the ICC Termination Act of 1995] January 1, 
1996. The enactment of the ICC Termination Act of 1995 shall 
neither expand nor contract coverage of employees and employers 
by the Railway Labor Act, the Railroad Retirement Act of 1974, 
the Railroad Retirement Tax Act, and the Railroad Unemployment 
Insurance Act.

                                 * * *

Sec. 10701. Standards for rates, classifications, through routes, 
                    rules, and practices

                                 * * *

    (d)(1) If the Board determines, under section 10707 of this 
title, that a rail carrier has market dominance over the 
transportation to which a particular rate applies, the rate 
established by such carrier for such transportation must be 
reasonable.

                                 * * *

    (3) The Board shall, within one year after [the effective 
date of this paragraph] January 1, 1996, complete the pending 
Interstate Commerce Commission non-coal rate guidelines 
proceeding to establish a simplified and expedited method for 
determining the reasonableness of challenged rail rates in 
those cases in which a full stand-alone cost presentation is 
too costly, given the value of the case.

                                 * * *

Sec. 10704. Authority and criteria: rates, classifications, rules, and 
                    practices prescribed by Board

                                 * * *

    (d) Within 9 months after [the effective date of the ICC 
Termination Act of 1995] January 1, 1996, the Board shall 
establish procedures to ensure expeditious handling of 
challenges to the reasonableness of railroad rates. The 
procedures shall include appropriate measures for avoiding 
delay in the discovery and evidentiary phases of such 
proceedings and exemption or revocation proceedings, including 
appropriate sanctions for such delay, and for ensuring prompt 
disposition of motions and interlocutory administrative 
appeals.

                                 * * *

Sec. 10706. Rate agreements: exemption from antitrust laws

    (a)(1) In this subsection--

                                 * * *

    (5)(A) Whenever two or more shippers enter into an 
agreement to discuss among themselves that relates to the 
amount of compensation such shippers propose to be paid by rail 
carriers providing transportation subject to the jurisdiction 
of the Board under this part, for use by such rail carriers of 
rolling stock owned or leased by such shippers, the shippers 
shall apply to the Board for approval of that agreement under 
this paragraph. The Board shall approve the agreement only when 
it finds that the making and carrying out of the agreement will 
further the transportation policy set forth in section 10101 of 
this title and may require compliance with conditions necessary 
to make the agreement further that policy as a condition of 
approval. If the Board approves the agreement, it may be made 
and carried out under its terms and under the terms required by 
the Board, and the antitrust laws set forth in paragraph (2) of 
this subsection do not apply to parties and other persons with 
respect to making or carrying out the agreement. The Board 
shall approve or disapprove an agreement under this paragraph 
within one year after the date application for approval of such 
agreement is made.

                                 * * *

    (C) Nothing in this paragraph shall be construed to change 
the law in effect prior to [the effective date of the Staggers 
Rail Act of 1980] October 1, 1980, with respect to the 
obligation of rail carriers to utilize rolling stock owned or 
leased by shippers.

                                 * * *

Sec. 10709. Contracts

                                 * * *

    (e) Any lawful contract between a rail carrier and one or 
more purchasers of rail service that was in effect on [the 
effective date of the Staggers Rail Act of 1980] October 1, 
1980, shall be considered a contract authorized by this 
section.

                                 * * *

Sec. 11101. Common carrier transportation, service, and rates

                                 * * *

    (f) The Board shall, by regulation, establish rules to 
implement this section. The regulations shall provide for 
immediate disclosure and dissemination of rates and service 
terms, including classifications, rules, and practices, and 
their effective dates. Final regulations shall be adopted by 
the Board not later than 180 days after [the effective date of 
the ICC Termination Act of 1995] January 1, 1996.

                                 * * *

Sec. 11301. Equipment trusts: recordation; evidence of indebtedness

                                 * * *

    (f) The Board shall collect, maintain, and keep open for 
public inspection a railway equipment register consistent with 
the manner and format maintained by the Interstate Commerce 
Commission as of [the effective date of the ICC Termination Act 
of 1995] January 1, 1996.

                                 * * *

     [PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT 
                               FORWARDERS

                    CHAPTER 131--GENERAL PROVISIONS]

PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

                     CHAPTER 131_GENERAL PROVISIONS

                                  ** *

Sec. 13102. Definitions

    In this part, the following definitions shall apply:

                                 * * *

          (4) Contract carriage.--The term ``contract 
        carriage'' means--
                  (A) for transportation provided before [the 
                effective date of this section] January 1, 
                1996, service provided pursuant to a permit 
                issued under section 10923, as in effect on 
                [the day before the effective date of this 
                section] December 31, 1995; and
                  (B) for transportation provided [on or after 
                such date] after December 31, 1995, service 
                provided under an agreement entered into under 
                section 14101(b).

                                 * * *

Sec. 13703. Certain collective activities; exemption from antitrust 
                    laws

                                 * * *

    (e) Existing Agreements.--Agreements approved under former 
section 10706(b) and in effect on [the day before the effective 
date of this section] December 31, 1995, shall be treated for 
purposes of this section as approved by the Board under this 
section beginning on [such effective date] January 1, 1996.
    (f) Limitations on Statutory Construction.--

                                 * * *

          (2) Obligation of shipper.--Nothing in this title, 
        the ICC Termination Act of 1995, or any amendments or 
        repeals made by such Act shall be construed as creating 
        any obligation for a shipper based solely on a 
        classification that was on file with the Interstate 
        Commerce Commission or elsewhere on [the day before the 
        effective date of this section] December 31, 1995.

                                 * * *

Sec. 13709. Procedures for resolving claims involving unfiled, 
                    negotiated transportation rates

    (a) Transportation Provided at Rates Other Than Legal 
Tariff Rates.--
          (1) In general.--When a claim is made by a motor 
        carrier of property (other than a household goods 
        carrier) providing transportation subject to 
        jurisdiction under subchapter II of chapter 105 (as in 
        effect on [the day before the effective date of this 
        section] December 31, 1995) or subchapter I of chapter 
        135, by a freight forwarder (other than a household 
        goods freight forwarder), or by a party representing 
        such a carrier or freight forwarder regarding the 
        collection of rates or charges for such transportation 
        in addition to those originally billed and collected by 
        the carrier or freight forwarder for such 
        transportation, the person against whom the claim is 
        made may elect to satisfy the claim under the 
        provisions of subsection (b), (c), or (d), upon showing 
        that--

                                 * * *

          (3) Effect of satisfaction of claims.--Satisfaction 
        of the claim under subsection (b), (c), or (d) shall be 
        binding on the parties, and the parties shall not be 
        subject to chapter 119 of this title, as such chapter 
        was in effect on [the day before the effective date of 
        this section] December 31, 1995, or chapter 149.

                                 * * *

    (e) Effects of Election.--When a person from whom 
additional legally applicable freight rates or charges are 
sought does not elect to use the provisions of subsection (b), 
(c) or (d), the person may pursue all rights and remedies 
existing under this part or, for transportation provided before 
[the effective date of this section] January 1, 1996, all 
rights and remedies that existed under this title on [the day 
before such effective date] December 31, 1995.

                                 * * *

Sec. 13710. Additional billing and collecting practices

    (a) Miscellaneous Provisions.--

                                 * * *

          (4) Voiding of certain tariffs.--Any tariff on file 
        with the Interstate Commerce Commission on August 26, 
        1994, and not required to be filed after that date is 
        null and void beginning on that date. Any tariff on 
        file with the Interstate Commerce Commission on [the 
        effective date of this section] January 1, 1996, and 
        not required to be filed after that date is null and 
        void beginning on that date.
    (b) Resolution of Disputes Over Status of Common Carrier or 
Contract Carrier.--If a motor carrier (other than a motor 
carrier providing transportation of household goods) that was 
subject to jurisdiction under subchapter II of chapter 105, as 
in effect on [the day before the effective date of this 
section] December 31, 1995, and that had authority to provide 
transportation as both a motor common carrier and a motor 
contract carrier and a dispute arises as to whether certain 
transportation that was provided prior to [the effective date 
of this section] January 1, 1996, was provided in its common 
carrier or contract carrier capacity and the parties are not 
able to resolve the dispute consensually, the Board shall 
resolve the dispute.

Sec. 13711. Alternative procedure for resolving undercharge disputes

    (a) General Rule.--It shall be an unreasonable practice for 
a motor carrier of property (other than a household goods 
carrier) providing transportation subject to jurisdiction under 
subchapter I of chapter 135 [or, before the effective date of 
this section] or, before January 1, 1996, to have provided 
transportation that was subject to jurisdiction under 
subchapter II of chapter 105, as in effect on [the day before 
the effective date of this section] December 31, 1995, a 
freight forwarder (other than a household goods freight 
forwarder), or a party representing such a carrier or freight 
forwarder to attempt to charge or to charge for a 
transportation service the difference between (1) the 
applicable rate that was lawfully in effect pursuant to a 
tariff that was filed in accordance with this chapter or, with 
respect to transportation [provided before the effective date 
of this section] provided before January 1, 1996, in accordance 
with chapter 107, as in effect on the date the transportation 
was provided, by the carrier or freight forwarder applicable to 
such transportation service, and (2) the negotiated rate for 
such transportation service if the carrier or freight forwarder 
is no longer transporting property between places described in 
section 13501(1) or is transporting property between places 
described in section 13501(1) for the purpose of avoiding 
application of this section.

                                 * * *

    (d) Treatment.--Subsection (a) is an exception to the 
requirements of section 13702 and, for transportation provided 
before [the effective date of this section] January 1, 1996, to 
the requirements of sections 10761(a) and 10762, as in effect 
on [the day before such effective date] December 31, 1995, as 
such sections relate to a filed tariff rate and other general 
tariff requirements.

                                 * * *

    (g) Applicability to Pending Cases.--This section shall 
apply to all cases and proceedings pending on [the effective 
date of this section] January 1, 1996.

                                 * * *

Sec. 13902. Registration of motor carriers

                                 * * *

    (b) Motor Carriers of Passengers.--

                                 * * *

          (8) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Public recipient of governmental 
                assistance.--The term ``public recipient of 
                governmental assistance'' means--
                          (i) any State,
                          (ii) any municipality or other 
                        political subdivision of a State,
                          (iii) any public agency or 
                        instrumentality of one or more States 
                        and municipalities and political 
                        subdivisions of a State,
                          (iv) any Indian tribe, and
                          (v) any corporation, board, or other 
                        person owned or controlled by any 
                        entity described in clause (i), (ii), 
                        (iii), or (iv), [and]
                which before, on, or after [the effective date 
                of this subsection] January 1, 1996, received 
                governmental assistance for the purchase or 
                operation of any bus.
                  (B) Private recipient of government 
                assistance.--The term ``private recipient of 
                government assistance'' means any person (other 
                than a person described in subparagraph (A)) 
                who before, on, or after [the effective date of 
                this paragraph] January 1, 1996, received 
                governmental financial assistance in the form 
                of a subsidy for the purchase, lease, or 
                operation of any bus.
    (c) Restrictions on Motor Carriers Domiciled in or Owned or 
Controlled by Nationals of a Contiguous Foreign Country.--

                                 * * *

          (4) Protection of existing operations.--Unless and 
        until the President, or the delegate thereof, makes a 
        determination under paragraph (1) or (3), nothing in 
        this subsection shall affect--
                  (A) operations of motor carriers of property 
                or passengers domiciled in any contiguous 
                foreign country or owned or controlled by 
                persons of any contiguous foreign country 
                permitted in the commercial zones along the 
                United States-Mexico border as such zones were 
                defined on [the day before the effective date 
                of this section] December 31, 1995; or

                                 * * *

    (d) Transition Rule.--
          (1) In general.--Pending the implementation of the 
        rulemaking required by section 13908, the Secretary may 
        register a person under this section--
                  (A) as a motor common carrier if such person 
                would have been issued a certificate to provide 
                transportation as a motor common carrier under 
                this subtitle on [the day before the effective 
                date of this section] December 31, 1995; and

                                 * * *

          (2) Definitions.--In this subsection, the terms 
        ``motor common carrier'' and ``motor contract carrier'' 
        have the meaning such terms had under section 10102 as 
        such section was in effect on [the day before the 
        effective date of this section] December 31, 1995.

                                 * * *

Sec. 13905. Effective periods of registration

    (a) Person Holding ICC Authority.--Any person having 
authority to provide transportation or service as a motor 
carrier, freight forwarder, or broker under this title, as in 
effect on [the day before the effective date of this section] 
December 31, 1995, shall be deemed, for purposes of this part, 
to be registered to provide such transportation or service 
under this part.

                                 * * *

Sec. 13906. Security of motor carriers, brokers, and freight forwarders

                                 * * *

    (d) Type of Insurance.--The Secretary may determine the 
type and amount of security filed under this section. A motor 
carrier may submit proof of qualifications as a self-insurer to 
satisfy the security requirements of this section. The 
Secretary shall adopt regulations governing the standards for 
approval as a self-insurer. Motor carriers which have been 
granted authority to self-insure as of [the effective date of 
this section] January 1, 1996, shall retain that authority 
unless, for good cause shown and after notice and an 
opportunity for a hearing, the Secretary finds that the 
authority must be revoked.

                                 * * *

Sec. 13907. Household goods agents

                                 * * *

    (e) Definitions.--In this section, the following 
definitions apply:
          (1) Household goods.--The term ``household goods'' 
        has the meaning such term had under section 10102(11) 
        of this title, as in effect on [the day before the 
        effective date of this section] December 31, 1995.
          (2) Transportation.--The term ``transportation'' 
        means transportation that would be subject to the 
        jurisdiction of the Interstate Commerce Commission 
        under subchapter II of chapter 105 of this title, as in 
        effect on [the day before such effective date] December 
        31, 1995, if such subchapter were still in effect.

Sec. 13908. Registration and other reforms

                                 * * *

    (d) State Registration Programs.--If the Secretary 
determines that no State should require insurance filings or 
collect fees for such filings (including filings and fees 
authorized under section 14504), the Secretary may prevent any 
State or political subdivision thereof, or any political 
authority of 2 or more States, from imposing any insurance 
filing requirements or fees that are for the same purposes as 
filings or fees the Secretary requires under the new system 
under subsection (a). The Secretary may not take any action 
pursuant to this subsection unless--
          (1) fees that will be collected by the Secretary 
        under subsection (c) and distributed in each fiscal 
        year to the States will provide each State with at 
        least as much revenue as that State received in fiscal 
        year 1995 under section 11506, as in effect on [the day 
        before the effective date of this section] December 31, 
        1995; and

                                 * * *

    (e) Deadline for Conclusion; Modifications.--Not later than 
24 months after [the effective date of this section] January 1, 
1996, the Secretary--

                                 * * *

Sec. 14302. Pooling and division of transportation or earnings

                                 * * *

    (c) Procedure.--

                                 * * *

          (4) Special rules for household goods carriers.--In 
        the case of an application for Board approval of an 
        agreement or combination between a motor carrier 
        providing transportation of household goods and its 
        agents to pool or divide traffic or services or any 
        part of their earnings, such agreement or combination 
        shall be presumed to be in the interest of better 
        service to the public and of economy in operation and 
        not to restrain competition unduly if the practices 
        proposed to be carried out under such agreement or 
        combination are the same as or similar to practices 
        carried out under agreements and combinations between 
        motor carriers providing transportation of household 
        goods to pool or divide traffic or service of any part 
        of their earnings approved by the Interstate Commerce 
        Commission before [the effective date of this section] 
        January 1, 1996.

                                 * * *

    (g) Continuation of Existing Agreements.--Any agreements in 
operation under the provisions of this title on [the effective 
date of this section] January 1, 1996, that are succeeded by 
this section shall remain in effect until further order of the 
Board.
    (h) Definitions.--In this section, the following 
definitions apply:
          (1) Household goods.--The term ``household goods'' 
        has the meaning such term had under section 10102(11) 
        of this title, as in effect on [the day before the 
        effective date of this section] December 31, 1995.
          (2) Transportation.--The term ``transportation'' 
        means transportation that would be subject to the 
        jurisdiction of the Interstate Commerce Commission 
        under subchapter II of chapter 105 of this title, as in 
        effect on [the day before such effective date] December 
        31, 1995, if such subchapter were still in effect.

                                 * * *

Sec. 14706. Liability of carriers under receipts and bills of lading

                                 * * *

    (g) Modifications and Reforms.--

                                 * * *

          (3) Report.--Not later than 12 months after [the 
        effective date of this section] January 1, 1996, the 
        Secretary shall submit to Congress a report on the 
        results of the study, together with any recommendations 
        of the Secretary (including legislative 
        recommendations) for implementing modifications or 
        reforms identified by the Secretary as being 
        appropriate.

                                 * * *

Sec. 14708. Dispute settlement program for household goods carriers

                                 * * *

    (g) Review by Secretary.--Not later than 18 months after 
[the effective date of this section] January 1, 1996, the 
Secretary shall complete a review of the dispute settlement 
program established under this section. If, after notice and 
opportunity for comment, the Secretary determines that changes 
are necessary to such program to ensure the fair and equitable 
resolution of disputes under this section, the Secretary shall 
implement such changes and transmit a report to Congress on 
such changes.

Sec. 14709. Tariff reconciliation rules for motor carriers of property

    Subject to review and approval by the Board, motor carriers 
subject to jurisdiction under subchapter I of chapter 135 
(other than motor carriers providing transportation of 
household goods) and shippers may resolve, by mutual consent, 
overcharge and under-charge claims resulting from incorrect 
tariff provisions or billing errors arising from the 
inadvertent failure to properly and timely file and maintain 
agreed upon rates, rules, or classifications in compliance with 
section 13702 or, with respect to transportation provided 
before [the effective date of this section] January 1, 1996, 
sections 10761 and 10762, as in effect on [the day before the 
effective date of this section] December 31, 1995. Resolution 
of such claims among the parties shall not subject any party to 
the penalties for departing from a tariff.

                                 * * *

         [PART C--PIPELINE CARRIERS] PART C--PIPELINE CARRIERS

                    CHAPTER 151--GENERAL PROVISIONS

                    [CHAPTER 151--GENERAL PROVISIONS]

                                 * * *

                       CHAPTER 153--JURISDICTION

                       [CHAPTER 153--JURISDICTION]

                                 * * *

                  CHAPTER 157--OPERATIONS OF CARRIERS

                  [CHAPTER 157--OPERATIONS OF CARRIERS]

 [Subchapter A--General Requirements] SUBCHAPTER A--GENERAL REQUIREMENTS

                                 * * *

   [Subchapter B--Operations of Carriers] SUBCHAPTER B--OPERATIONS OF 
                                CARRIERS

                                 * * *

[Subchapter A--General Requirements] SUBCHAPTER A--GENERAL REQUIREMENTS

Sec. 15701. Providing transportation and service

                                 * * *

    (e) Regulations.--The Board shall, by regulation, establish 
rules to implement this section. The regulations shall provide 
for immediate disclosure and dissemination of rates and service 
terms, including classifications, rules, and practices, and 
their effective dates. The regulations may modify the 20-day 
period specified in subsection (c). Final regulations shall be 
adopted by the Board not later than 180 days after [the 
effective date of this section] January 1, 1996.

  [Subchapter B--Operations of Carriers] SUBCHAPTER B--OPERATIONS OF 
                                CARRIERS

                                 * * *

     CHAPTER 159--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

    [CHAPTER 159--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES]

Sec.
15901. General authority.
15902. Enforcement by the Board.
15903. Enforcement by the Attorney General.
15904. Rights and remedies of persons injured by certain carriers.
15905. Limitation on actions by and against pipeline carriers.
15906. Liability of pipeline carriers under receipts and bills of 
          lading.
[15907. Liability when property is delivered in violation of routing 
          instructions.]

                                 * * *

               CHAPTER 161--CIVIL AND CRIMINAL PENALTIES

               [CHAPTER 161--CIVIL AND CRIMINAL PENALTIES]

                                 * * *

                       SUBTITLE V--RAIL PROGRAMS

                                 * * *

                          PART E--MISCELLANEOUS

      LAW ENFORCEMENT..............................................28101
      MAXIMUM HOURS OF WORK........................................28301

                                 * * *

Sec. 20133. Passenger cars

                                 * * *

    (b) Initial and Final Regulations.--(1) The Secretary shall 
prescribe initial regulations under subsection (a) within 3 
years after [the date of enactment of the Federal Railroad 
Safety Authorization Act of 1994] November 2, 1994. The initial 
regulations may exempt equipment used by tourist, historic, 
scenic, and excursion railroad carriers to transport 
passengers.
    (2) The Secretary shall prescribe final regulations under 
subsection (a) within 5 years after [such date of enactment] 
November 2, 1994.

                                 * * *

Sec. 20134. Grade crossings and railroad rights of way

                                 * * *

    (c) Demonstration Projects.--(1) The Secretary shall 
establish demonstration projects to evaluate whether accidents 
and incidents involving trains would be reduced by--

                                 * * *

    (2) Not later than June 22, 1990, the Secretary shall 
submit a report on the results of the demonstration projects to 
the Committee on [Energy and Commerce] Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate.

                                 * * *

Sec. 20145. Report on bridge displacement detection systems

    Not later than 18 months after [the date of enactment of 
the Federal Railroad Safety Authorization Act of 1994] November 
2, 1994, the Secretary of Transportation shall transmit to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on [Energy and Commerce] 
Transportation and Infrastructure of the House of 
Representatives a report concerning any action that has been 
taken by the Secretary on railroad bridge displacement 
detection systems.

Sec. 20146. Institute for Railroad Safety

    The Secretary of Transportation, in conjunction with a 
university or college having expertise in transportation 
safety, shall establish, within one year after [the date of 
enactment of the Federal Railroad Safety Authorization Act of 
1994] November 2, 1994, an Institute for Railroad Safety. The 
Institute shall research, develop, fund, and test measures for 
reducing the number of fatalities and injuries relevant to 
railroad operations. There are authorized to be appropriated to 
the Secretary $1,000,000 for each of the fiscal years 1996 
through 2000 to fund activities carried out under this section 
by the Institute, which shall report at least once each year on 
its use of such funds in carrying out such activities and the 
results thereof to the Secretary of Transportation and the 
Congress.

                                 * * *

Sec. 20151. Railroad trespassing and vandalism prevention strategy

    (a) Evaluation of Existing Laws.--In consultation with 
affected parties, the Secretary of Transportation shall 
evaluate and review current local, State, and Federal laws 
regarding trespassing on railroad property and vandalism 
affecting railroad safety, and develop model prevention 
strategies and enforcement laws to be used for the 
consideration of State and local legislatures and governmental 
entities. The first such evaluation and review shall be 
completed within 1 year after [the date of enactment of the 
Federal Railroad Safety Authorization Act of 1994] November 2, 
1994. The Secretary shall revise such model prevention 
strategies and enforcement codes periodically.

                                 * * *

    (c) Model Legislation.--Within 18 months after [the date of 
enactment of the Federal Railroad Safety Authorization Act of 
1994] November 2, 1994, the Secretary, after consultation with 
State and local governments and railroad carriers, shall 
develop and make available to State and local governments model 
State legislation providing for--

                                 * * *

Sec. 20152. Emergency notification of grade crossing problems

                                 * * *

    (b) Report.--The Secretary shall complete the pilot program 
not later than 24 months after [the date of enactment of this 
section] November 2, 1994, and shall submit to the Congress not 
later than 30 month after [that date] November 2, 1994, an 
evaluation of the pilot program, together with findings as to 
the effectiveness of such emergency notification systems. The 
report shall compare and contrast the structure, cost, and 
effectiveness of the pilot program with other emergency 
notification systems in effect within other States. Such 
evaluation shall include analyses of the safety benefits 
derived from the programs, cost effectiveness, and the burdens 
on participants, including railroad carriers and law 
enforcement personnel.

Sec. 20153. Audible warnings at highway-rail grade crossings

                                 * * *

    (g) Issuance.--The Secretary shall issue regulations 
required by this section pertaining to categories of highway-
rail grade crossings that in the judgment of the Secretary pose 
the greatest safety hazard to rail and highway users not later 
than 24 months following [the date of enactment of this 
section] November 2, 1994. The Secretary shall issue 
regulations pertaining to any other categories of crossings not 
later than 48 months following [the date of enactment of this 
section] November 2, 1994.

                                 * * *

Sec. 20301. Definition and nonapplication

                                 * * *

    (b) Nonapplication.--This chapter does not apply to the 
following:

                                 * * *

          (3) a locomotive used in hauling a train referred to 
        in clause (2) of this subsection when the locomotive 
        and cars of the train are used only to transport logs.
          (4) a car, locomotive, or train used on a street 
        railway.

                                 * * *

Sec. 21301. Chapter 201 general violations

    (a) Penalty.--(1)  A person may not fail to comply with a 
regulation prescribed or order issued by the Secretary of 
Transportation under chapter 201 of this title. Subject to 
section 21304 of this title, a person violating a regulation 
prescribed or order issued by the Secretary [of Transportation] 
under chapter 201 [of this title] is liable to the United 
States Government for a civil penalty. The Secretary shall 
impose the penalty applicable under paragraph (2) of this 
subsection. A separate violation occurs for each day the 
violation continues.

                                 * * *

Sec. 21303. Chapter 211 violations

    (a) Penalty.--(1) Subject to section 21304 of this title, a 
person violating [chapter 211 of this title]  chapter 211 of 
this title, or violating any provision of a waiver applicable 
to that person that has been granted under section 21108 of 
this title, is liable to the United States Government for a 
civil penalty. An act by an individual that causes a railroad 
carrier to be in violation is a violation. For a violation of 
section 21106 of this title, a separate violation occurs for 
each day a facility is not in compliance.

                                 * * *

Sec. 22106. Limitations on financial assistance

                                 * * *

    (b) Holding and Use of Government's Share.--The State shall 
place the United States Government's share of money that is 
repaid in an interest-bearing account. However, the Secretary 
of Transportation may allow a borrower to place that money, for 
the benefit of the State, in a bank designated by the Secretary 
of the Treasury under section 10 of the Act of June 11, 1942 
(12 U.S.C. 265). The State shall use the money and accumulated 
interest to make other grants and loans under this chapter in 
the same manner and under the same conditions as if they were 
originally granted to the State by the Secretary of 
Transportation.

                                 * * *

Sec. 22108. Authorization of appropriations

                                 * * *

    (b) Distribution of Amounts.--The Secretary shall establish 
procedures necessary to ensure that amounts available to the 
Secretary for projects under this chapter are distributed not 
later than April 1 of the fiscal year for which the amounts are 
appropriated. If any amounts are not distributed by April 1, 
the Secretary shall report to the Committee on [Energy and 
Commerce] Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the status of those amounts and 
the reasons for the delay in distribution.

                                 * * *

Sec. 24314. Demonstration of new technology

                                 * * *

    (b) Report.--Not later than September 30, 1993, Amtrak 
shall submit to the Committee on [Energy and Commerce] 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report summarizing the plan 
developed under subsection (a) of this section, including its 
goals, locations for technology demonstration, and a schedule 
for carrying out the plan.

                                 * * *

Sec. 24702. Improving rail passenger transportation

                                 * * *

    (c) High-Speed Rail Transportation Development.--On 
reasonable request by a State, political subdivision of a 
State, regional partnership, private sector representative, or 
other qualified person, Amtrak shall consult and cooperate to 
the extent feasible with that person to assist the efforts of 
that person to achieve high-speed rail transportation through 
equipment upgrades, grade-crossing safety improvements, and 
incremental infrastructure improvements on existing rail 
facilities that Amtrak uses (except the Northeast Corridor 
facilities). Not later than September 30, 1993, Amtrak shall 
submit to the Committee on [Energy and Commerce] Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report on its efforts under this subsection.

                                 * * *

Sec. 24903. Program master plan for Boston-New York main line

    (a) Contents.--Not later than October 27, 1993, in 
consultation with Amtrak and the commuter and freight rail 
carriers operating over the Northeast Corridor main line 
between Boston, Massachusetts, and New York, New York, the 
Secretary of Transportation shall submit to the Committee on 
[Energy and Commerce] Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a program master plan 
for a coordinated program of improvements to that main line 
that will allow the establishment of regularly scheduled, safe, 
and dependable rail passenger transportation between Boston, 
Massachusetts, and New York, New York, in not more than 3 
hours, including intermediate stops. The plan shall include--

                                 * * *

Sept. 3, 5, 1916, ch. 436, 39 Stat. 721

    [That beginning January first, nineteen hundred and 
seventeen, eight hours shall, in contracts for labor and 
service, be deemed a day's work and the measure or standard of 
a day's work for the purpose of reckoning the compensation for 
services of all employees who are now or may hereafter be 
employed by any common carrier by railroad, except railroads 
independently owned and operated not exceeding one hundred 
miles in length, electric street railroads, and electric 
interurban railroads, which is subject to the provisions of the 
Act of February fourth, eighteen hundred and eighty-seven, 
entitled ``An Act to regulate commerce,'' as amended, and who 
are now or may hereafter be actually engaged in any capacity in 
the operation of trains used for the transportation of persons 
or property on railroads, except railroads independently owned 
and operated not exceeding one hundred miles in length, 
electric street railroads, and electric interurban railroads, 
from any State or Territory of the United States or the 
District of Columbia to any other State or Territory of the 
United States or the District of Columbia, or from one place in 
a Territory to another place in the same Territory, or from any 
place in the United States to an adjacent foreign country, or 
from any place in the United States through a foreign country 
to any other place in the United States: Provided, That the 
above exceptions shall not apply to railroads though less than 
one hundred miles in length whose principal business is leasing 
or furnishing terminal or transfer facilities to other 
railroads, or are themselves engaged in transfers of freight 
between railroads, or between railroads and industrial plants.
    Sec. 2. That the President shall appoint a commission of 
three, which shall observe the operation and effects of the 
institution of the eight-hour standard workday as above defined 
and the facts and conditions affecting the relations between 
such common carriers and employees during a period of not less 
than six months nor more than nine months, in the discretion of 
the commission, and within thirty days thereafter such 
commission shall report its findings to the President and 
Congress; that each member of the commission created under the 
provisions of this Act shall receive such compensation as may 
be fixed by the President. That the sum of $25,000, or so much 
thereof as may be necessary, be, and hereby is, appropriated, 
out of any money in the United States Treasury not otherwise 
appropriated, for the necessary and proper expenses incurred in 
connection with the work of the commission, including salaries, 
per diem, traveling expenses of members and employees, and 
rent, furniture, office fixtures and supplies, books, salaries, 
and other necessary expenses, the same to be approved by the 
chairman of said commission and audited by the proper 
accounting officers of the Treasury.
    Sec. 3. That pending the report of the commission herein 
provided for and for a period of thirty days thereafter the 
compensation of railway employees subject to this Act for a 
standard eight-hour workday shall not be reduced below the 
present standard day's wage, and for all necessary time in 
excess of eight hours such employees shall be paid at a rate 
not less than the pro rata rate for such standard eight-hour 
workday.
    Sec. 4. That any person violating any provision of this Act 
shall be guilty of a misdemeanor and upon conviction shall be 
fined not less than $100 and not more than $1,000, or 
imprisoned not to exceed one year, or both.]

                   CHAPTER 283--MAXIMUM HOURS OF WORK

Sec.
28301. General.
28302. Penalties.

 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.

 28302. Penalties

    A person violating section 28301 of this title shall be 
fined under title 18, imprisoned not more one year, or both.

                                 * * *

Sec. 30144. Importing motor vehicles on a temporary basis

    (a) General.--Section 30112(a) of this title does not apply 
to a motor vehicle imported on a temporary basis for personal 
use by an individual who is a member of--
          (1)(A) the personnel of the government of a foreign 
        country on assignment in the United States or a member 
        of the Secretariat of a public international 
        organization designated under the International 
        [Organization] Organizations Immunities Act (22 U.S.C. 
        288 et seq.); and

                                 * * *

Sec. 30168. Research, testing, development, and training

                                 * * *

    (c) Facilities.--The Secretary may plan, design, and build 
a new facility or modify an existing facility to conduct 
research, development, and testing in traffic safety, highway 
safety, and motor vehicle safety. An expenditure of more than 
$100,000 for planning, design, or construction may be made only 
if the planning, design, or construction is approved by 
substantially similar resolutions by the Committees on [Energy 
and] Commerce and [Public Works and Transportation] 
Transportation and Infrastructure of the House of 
Representatives and the Committees on Commerce, Science, and 
Transportation and Environment and Public Works of the Senate. 
To obtain that approval, the Secretary shall submit to Congress 
a prospectus on the proposed facility. The prospectus shall 
include--

                                 * * *

Sec. 30308. Authorization of appropriations

    (a) General.--The Secretary of Transportation shall make 
available from amounts made available to carry out section 402 
of title 23 $4,000,000 for each of the fiscal years ending 
September 30, 1993, and September 30, [1994] 1994, and 
$2,550,000 for each of fiscal years 1995 and 1996, to carry out 
this chapter.

                                 * * *

Sec. 31134. Commercial Motor Vehicle Safety Regulatory Review Panel

                                 * * *

    (c) Composition, Appointment, and Terms.--(1) The Panel 
shall be composed of 15 members as follows:

                                 * * *

          (B) 7 individuals appointed by the Secretary from 
        among individuals who represent the interests of States 
        and political subdivisions of States and whose names 
        have been submitted to the Secretary by the Committee 
        on Commerce, Science, and Transportation of the Senate 
        or the Committee on [Public Works and Transportation] 
        Transportation and Infrastructure of the House of 
        Representatives.
          (C) 7 individuals appointed by the Secretary from 
        among individuals who represent the interests of 
        business, consumer, labor, and safety groups and whose 
        names have been submitted to the Secretary by the 
        Committee on Commerce, Science, and Transportation of 
        the Senate or the Committee on [Public Works and 
        Transportation] Transportation and Infrastructure of 
        the House of Representatives.
    (2) The Secretary shall select the individuals to be 
appointed under this subsection on the basis of their 
knowledge, expertise, or experience related to commercial motor 
vehicle safety. Half of the appointments shall be made from 
names submitted by the Committee on Commerce, Science, and 
Transportation of the Senate, and the other half from names 
submitted by the Committee on [Public Works and Transportation] 
Transportation and Infrastructure of the House of 
Representatives. Each of these committees shall submit to the 
Secretary the names of 20 individuals qualified to serve on the 
Panel.

                                 * * *

Sec. 31136. United States Government regulations

                                 * * *

    (e) Waivers.--

                                 * * *

          (2) Commercial motor vehicle safety pilot program.--
                  (A) In general.--Not later than the 270th day 
                following [the date of the enactment of this 
                paragraph] November 28, 1995, the Secretary 
                shall implement a commercial motor vehicle 
                regulatory relief and safety pilot program 
                (hereinafter in this paragraph referred to as 
                the ``program'') to grant and to monitor 
                exemptions from the provisions of this section 
                and sections 504 and 31502. The program shall 
                provide that the Secretary, within 120 days 
                after receiving an application for 
                participation in the program from an employer, 
                shall determine whether to exempt some or all 
                of the eligible vehicles operated by the 
                applicant, and some or all of the drivers of 
                such vehicles employed by the applicant, from 
                some or all of the regulations prescribed under 
                this section and sections 504 and 31502--

                                 * * *

                  (J) Guidelines.--
                          (i) In general.--Not later than the 
                        270th day following [the date of the 
                        enactment of this paragraph] November 
                        28, 1995, the Secretary, after notice 
                        and opportunity for comment, shall 
                        establish criteria and define any terms 
                        necessary for implementing the program 
                        consistent with this section. In 
                        establishing the criteria, the 
                        Secretary may consider to what extent 
                        and under what conditions safety 
                        management controls may substitute, in 
                        whole or in part, for compliance with 
                        some or all of the regulations 
                        prescribed under this section and 
                        sections 504 and 31502.
                          (ii) Limitation.--Notwithstanding 
                        clause (i), the program shall take 
                        effect on or before the 270th day 
                        following [the date of the enactment of 
                        this paragraph] November 28, 1995. If 
                        the rulemaking described in clause (i) 
                        is not completed on or before such 
                        270th day, the Secretary shall issue 
                        interim criteria, consistent with this 
                        section, pending the completion of the 
                        rulemaking described in this 
                        subsection.

                                 * * *

          (3) Review of regulations.--Based in part on the 
        information and experience obtained from the program, 
        the Secretary shall conduct a zero-based review of the 
        need for, and the costs and benefits of, all 
        regulations prescribed under this section and sections 
        504 and 31502 to determine whether and to what extent 
        such regulations should apply to eligible vehicles. The 
        review shall focus on the appropriate level of safety 
        that is in the public interest and the paperwork and 
        regulatory burdens of such regulations as the 
        regulations apply to employers and employees that use 
        such vehicles. The Secretary shall complete the review 
        by the last day of the 3-year period beginning on [the 
        date of the enactment of this paragraph] November 28, 
        1995. Upon completion of the review, the Secretary 
        shall, after notice and an opportunity for public 
        comment, grant such exemptions or modify or repeal 
        existing regulations to the extent appropriate.

                                 * * *

Sec. 32702. Definitions

    In this chapter--

                                 * * *

          (8) ``transfer'' means to change ownership by sale, 
        gift, or any other means.

                                 * * *

Sec. 32705. Disclosure requirements on transfer of motor vehicles

    [(a) Written Disclosure Requirements.--(1) Under 
regulations prescribed by the Secretary of Transportation, a 
person transferring ownership of a motor vehicle shall give the 
transferee a written disclosure--
          (A) of the cumulative mileage registered by the 
        odometer; or
          (B) that the mileage is unknown if the transferor 
        knows that the mileage registered by the odometer is 
        incorrect.
    (2) A person making a written disclosure required by a 
regulation prescribed under paragraph (1) of this subsection 
may not make a false statement in the disclosure.
    (3) A person acquiring a motor vehicle for resale may 
accept a disclosure under this section only if it is complete.
    (4) The regulations prescribed by the Secretary shall 
provide the way in which information is disclosed and retained 
under this section.]
    (a) Disclosure Requirements.--(1) Under regulations 
prescribed by the Secretary of Transportation that include the 
way in which information is disclosed and retained under this 
section, a person transferring ownership of a motor vehicle 
shall give the transferee the following written disclosure:
          (A) Disclosure of the cumulative mileage registered 
        on the odometer.
          (B) Disclosure that the actual mileage is unknown, if 
        the transferor knows that the odometer reading is 
        different from the number of miles the vehicle has 
        actually traveled.
    (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.
    (b) Mileage Statement Requirement for Licensing.--(1) A 
motor vehicle the ownership of which is transferred may not be 
licensed for use in a State unless the transferee, in 
submitting an application to a State for the title on which the 
license will be issued, includes with the application the 
transferor's title and, if that title contains the space 
referred to in paragraph (3)(A)(iii) of this subsection, a 
statement, signed and dated by the transferor, of the mileage 
disclosure required under subsection (a) of this section. This 
paragraph does not apply to a transfer of ownership of a motor 
vehicle that has not been licensed before the transfer.

                                 * * *

    (3)(A) A motor vehicle the ownership of which is 
transferred may not be licensed for use in a State [only if] 
unless the title issued by the State to the transferee--

                                 * * *

Sec. 32904. Calculation of average fuel economy

                                 * * *

    (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--

                                 * * *

    (6)(A) A manufacturer may file with the Secretary of 
Transportation a petition for an exemption from the requirement 
of separate calculations under paragraph (1)(A) of this 
subsection if the manufacturer began automobile production or 
assembly in the United States--

                                 * * *

    (C) Before granting an exemption, the Secretary of 
Transportation shall provide notice of, and reasonable 
opportunity for, written or oral comment about the petition. 
The period for comment shall end not later than 60 days after 
the petition is filed, except that the Secretary may extend the 
period for not more than another 30 days. The Secretary shall 
decide whether to grant or deny the exemption, and publish 
notice of the decision in the Federal Register, not later than 
90 days after the petition is filed, except that the Secretary 
may extend the time for decision to a later date (not later 
than 150 days after the petition is filed) if the Secretary 
publishes notice of, and reasons for, the extension in the 
Federal Register. If the Secretary does not make a decision 
within the time provided in this subparagraph, the petition is 
deemed to have been granted. Not later than 30 days after the 
end of the decision period, the Secretary shall submit a 
written statement of the reasons for not making a decision to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on [Energy and] Commerce of the House 
of Representatives.

                                 * * *

Sec. 32905. Manufacturing incentives for alternative fuel automobiles

                                 * * *

    (g) Study and Report.--Not later than September 30, 2000, 
the Secretary of Transportation, in consultation with the 
Secretary of Energy and the Administrator, shall complete a 
study of the success of the policy of subsections (b) and (d) 
of this title, and submit to the Committees on Commerce, 
Science, and Transportation and Governmental Affairs of the 
Senate and the Committee on [Energy and] Commerce of the House 
of Representatives a report on the results of the study, 
including preliminary conclusions on whether the application of 
subsections (b) and (d) should be extended for up to 4 more 
model years. The study and conclusions shall consider--

                                 * * *

                    SUBTITLE VII--AVIATION PROGRAMS

                     PART A--AIR COMMERCE AND SAFETY

Chapter                                                             Sec.

                                 * * *

                         [PART D--MISCELLANEOUS

      BUY-AMERICAN PREFERENCES....................................49101]

                         PART D--PUBLIC AIRPORTS

      METROPOLITAN WASHINGTON AIRPORTS.............................49101

                          PART E--MISCELLANEOUS

      BUY-AMERICAN PREFERENCES.....................................50101

                                 * * *

                    CHAPTER 401--GENERAL PROVISIONS

Sec.

                                 * * *

40120.  Relationship to other laws.
40121.  Interstate agreements for airport facilities.

                                 * * *

Sec. 40109. Authority to exempt

                                 * * *

    (c) Other Economic Regulation.--Except as provided in this 
section, the Secretary may exempt to the extent the Secretary 
considers necessary a person or class of persons from a 
provision of chapter 411, [sections 41301-41306, 41308-
41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 
41702, 41705-41709, 41711, 41712, and 41731-41742,] chapter 413 
(except sections 41307 and 41310(b)-(f)), chapter 415 (except 
sections 41502, 41505, and 41507-41509), chapter 417 (except 
sections 41703, 41704, 41710, 41713, and 41714), chapter 419, 
subchapter II of chapter 421, and [section] sections 44909 and 
46301(b) of this title, or a regulation or term prescribed 
under any of those provisions, when the Secretary decides that 
the exemption is consistent with the public interest.

                                 * * *

Sec. 40112. Multiyear procurement contracts for property

                                 * * *

    (e) Cancellation Payment and Notice of Cancellation 
Ceiling.--(1) If a contract under this section provides that 
performance is subject to an appropriation being made, it also 
may provide for a cancellation payment to be made to the 
contractor if the appropriation is not made.
    (2) Before awarding a contract under this section 
containing a cancellation ceiling of more than $100,000,000, 
the Administrator shall give written notice of the proposed 
contract and cancellation ceiling to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
[Public Works and Transportation] Transportation and 
Infrastructure of the House of Representatives. The contract 
may not be awarded until the end of the 30-day period beginning 
on the date of the notice.

                                 * * *

Sec. 40116. State taxation

                                 * * *

    (d) Unreasonable Burdens and Discrimination Against 
Interstate Commerce.--(1) In this subsection--

                                 * * *

    (2)(A) A State, political subdivision of a State, or 
authority acting for a State or political subdivision may not 
do any of the following acts because those acts unreasonably 
burden and discriminate against interstate commerce:

                                 * * *

          (iv) [Levy] levy or collect a tax, fee, or charge, 
        first taking effect after [the date of the enactment of 
        this clause] August 23, 1994, exclusively upon any 
        business located at a commercial service airport or 
        operating as a permittee of such an airport other than 
        a tax, fee, or charge wholly utilized for airport or 
        aeronautical purposes.

                                 * * *

Sec. 40117. Passenger facility fees

                                 * * *

    (e) Limitations on Imposing Fees.--(1) An eligible agency 
may impose a passenger facility fee only--

                                 * * *

    (2) A passenger facility fee may not be collected from a 
passenger--
          (A) for more than 2 boardings on a one-way trip or a 
        trip in each direction of a round trip;
          (B) for the boarding to an eligible place under 
        subchapter II of chapter 417 of this title for which 
        essential air service compensation is paid under 
        subchapter II; and
          [(C) for a project the Secretary does not approve 
        under this section before October 1, 1993, if, during 
        the fiscal year ending September 30, 1993, the amount 
        available for obligation under subchapter II of chapter 
        417 of this title is less than $38,600,000, except that 
        this clause--
                  (i) does not apply if the amount available 
                for obligation under subchapter II of chapter 
                417 of this title is less than $38,600,000 
                because of sequestration or other general 
                appropriations reductions applied 
                proportionately to appropriations accounts 
                throughout an appropriation law; and
                  (ii) does not affect the authority of the 
                Secretary to approve the imposition of a fee or 
                the use of revenues, derived from a fee imposed 
                under an approval made under this section, by a 
                public agency that has received an approval to 
                impose a fee under this section before 
                September 30, 1993, regardless of whether the 
                fee is being imposed on September 30, 1993; 
                and]
          [(D)] (C) enplaning at an airport if the passenger 
        did not pay for the air transportation which resulted 
        in such enplanement, including any case in which the 
        passenger obtained the ticket for the air 
        transportation with a frequent flier award coupon 
        without monetary payment.

                                 * * *

Sec. 40118. Government-financed air transportation

                                 * * *

    (d) [Transportation by Foreign Air Carriers] Certain 
Transportation by Air Outside the United States.--

                                 * * *

    [(f)(1)] (f) Prohibition of Certification or Contract 
Clause.--(1) No certification by a contractor, and no contract 
clause, may be required in the case of a contract for the 
transportation of commercial items in order to implement a 
requirement in this section.

                                 * * *

 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.

                                 * * *

Sec. 41105. Transfers of certificates

                                 * * *

    (b) Certification to Congress.--When a certificate is 
transferred, the Secretary shall certify to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on [Public Works and Transportation] Transportation 
and Infrastructure of the House of Representatives that the 
transfer is consistent with the public interest. The Secretary 
shall include with the certification a report analyzing the 
effects of the transfer on--

                                 * * *

Sec. 41109. Terms of certificates

    (a) General.--(1) Each certificate issued under section 
41102 of this title shall specify the type of transportation to 
be provided.

                                 * * *

    (5) As prescribed by regulation by the Secretary, an air 
carrier other than a charter air carrier may provide charter 
trips or other special services without regard to the places 
named or type of transportation specified in its certificate.

                                 * * *

Sec. 41309. Cooperative agreements and requests

                                 * * *

    (b) Approval.--The Secretary of Transportation shall 
approve an agreement, request, modification, or cancellation 
referred to in subsection (a) of this section when the 
Secretary finds it is not adverse to the public interest and is 
not in violation of this part. However, the Secretary shall 
disapprove--

                                 * * *

          (2) an agreement that--

                                 * * *

                  (B) governs the compensation the [common] 
                carrier may receive for the transportation.

                                 * * *

Sec. 41310. Discriminatory practices

                                 * * *

    (f) Reports.--Not later than 30 days after acting on a 
complaint under this section, the Secretary of Transportation 
shall report to the Committee on [Public Works and 
Transportation] Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on action taken under this section 
on the complaint.

                                 * * *

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 of Transportation, 
        any community affected by that decision, and the State 
        authority of the State in which a community is located; 
        and

                                 * * *

Sec. 41714. Availability of slots

                                 * * *

    (d) Special Rules for Washington National Airport.--
          (1) In General.--Notwithstanding [sections 6005(c)(5) 
        and 6009(e) of the Metropolitan Washington Airports Act 
        of 1986] sections 49104(a)(5) and 49110(e) of this 
        title, or any provision of this section, the Secretary 
        may, only under circumstances determined by the 
        Secretary to be exceptional, grant by order to an air 
        carrier currently holding or operating a slot at 
        Washington National Airport an exemption from 
        requirements under subparts K and S of part 93 of title 
        14, Code of Federal Regulations (pertaining to slots at 
        Washington National Airport), to enable that carrier to 
        provide air transportation with Stage 3 aircraft at 
        Washington National Airport; except that such exemption 
        shall not--

                                 * * *

    (e) Study.--

                                 * * *

          (2) Report.--Not later than January 31, 1995, the 
        Secretary shall complete the current examination of 
        slot regulations and shall transmit to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on [Public Works and Transportation] 
        Transportation and Infrastructure of the House of 
        Representatives a report containing the results of such 
        examination.

                                 * * *

Sec. 41715. Air service termination notice

    (a) In General.--An air carrier may not terminate 
interstate air transportation from a nonhub airport included on 
the [Secretary's] Secretary of Transportation's latest 
published list of such airports, unless such air carrier has 
given the Secretary at least 45 days' notice before such 
termination.

                                 * * *

Sec. 42104. Congressional review of regulations

                                 * * *

    (b) Submission to Congress.--The Secretary of Labor may not 
prescribe a regulation under this subchapter until 30 
legislative days after the regulation is submitted to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on [Public Works and Transportation] 
Transportation and Infrastructure of the House of 
Representatives.

                                 * * *

Sec. 44501. Plans and policy

                                 * * *

    (c) National Aviation Research Plan.--(1) The Administrator 
of the Federal Aviation Administration shall prepare and 
publish annually a national aviation research plan and submit 
the plan to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science[, 
Space, and Technology] of the House of Representatives. The 
plan shall be submitted not later than the date of submission 
of the President's budget to Congress.

                                 * * *

Sec. 44502. General facilities and personnel authority

                                 * * *

    (c) Ensuring Conformity With Plans and Policies.--(1) To 
ensure [that] conformity with plans and policies for, and 
allocation of, airspace by the Administrator of the Federal 
Aviation Administration under section 40103(b)(1) of this 
title, a military airport, military landing area, or missile or 
rocket site may be acquired, established, or constructed, or a 
runway may be altered substantially, only if the Administrator 
of the Federal Aviation Administration is given reasonable 
prior notice so that the Administrator of the Federal Aviation 
Administration may advise the appropriate committees of 
Congress and interested departments, agencies, and 
instrumentalities of the Government on the effect of the 
acquisition, establishment, construction, or alteration on the 
use of airspace by aircraft. A disagreement between the 
Administrator of the Federal Aviation Administration and the 
Secretary of Defense or the Administrator of the National 
Aeronautics and Space Administration may be appealed to the 
President for a final decision.

                                 * * *

    [(e) Consent of Congress.--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.]
    [(f)] (e) Transfers of Instrument Landing Systems.--An 
airport may transfer, without consideration, to the 
Administrator of the Federal Aviation Administration an 
instrument landing system (and associated approach lighting 
equipment and runway visual range equipment) that conforms to 
performance specifications of the Administrator if a Government 
airport aid program, airport development aid program, or 
airport improvement project grant was used to assist in 
purchasing the system. The Administrator shall accept the 
system and operate and maintain it under criteria of the 
Administrator.

                                 * * *

Sec. 44506. Air traffic controllers

                                 * * *

    (d) Staffing Report.--The Administrator of the Federal 
Aviation Administration shall submit annually to the Committee 
on [Public Works and Transportation] Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report containing--

                                 * * *

Sec. 44511. Aviation research grants

                                 * * *

    (e) Annual Report.--The Administrator shall submit an 
annual report to the Committee on Science[, Space, and 
Technology] of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate on 
carrying out this section.

                                 * * *

Sec. 44913. Explosive detection

    (a) Deployment and Purchase of Equipment.--(1) A deployment 
or purchase of explosive detection equipment under section 
108.7(b)(8) or 108.20 of title 14, Code of Federal Regulations, 
or similar regulation is required only if the Administrator of 
the Federal Aviation Administration certifies that the 
equipment alone, or as part of an integrated system, can detect 
under realistic air carrier operating conditions the amounts, 
configurations, and types of explosive material that would 
likely be used to cause catastrophic damage to commercial 
aircraft. The Administrator shall base the certification on the 
results of tests conducted under protocols developed in 
consultation with expert scientists outside of the 
Administration. Those tests shall be completed not later than 
April 16, 1992.
    (2) Before completion of the tests described in paragraph 
(1) of this subsection, but not later than April 16, 1992, the 
Administrator may require deployment of explosive detection 
equipment described in paragraph (1) if the Administrator 
decides that deployment will enhance aviation security 
significantly. In making that decision, the Administrator shall 
consider factors such as the ability of the equipment alone, or 
as part of an integrated system, to detect under realistic air 
carrier operating conditions the amounts, configurations, and 
types of explosive material that would likely be used to cause 
catastrophic damage to commercial aircraft. The Administrator 
shall notify the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on [Public Works 
and Transportation] Transportation and Infrastructure of the 
House of Representatives of a deployment decision made under 
this paragraph.

                                 * * *

Sec. 45301. Authority to impose fees

                                 * * *

    (c) Recovery of Cost of Foreign Aviation Services.--

                                 * * *

          (5) Crediting of preestablished fees.--Fees described 
        in paragraph (1) that were not established before [the 
        date of the enactment of this subsection] August 23, 
        1994, may be credited in accordance with section 
        45302(d).

                                 * * *

Sec. 46301. Civil penalties

    (a) General Penalty.--(1) A person is liable to the United 
States Government for a civil penalty of not more than $1,000 
for violating--
          (A) chapter 401 (except sections 40103(a) and (d), 
        40105, 40116, and 40117), chapter 411, [any of sections 
        41301-41306, 41308-41310(a), 41501, 41503, 41504, 
        41506, 41510, 41511, 41701, 41702, 41705-41709, 41711, 
        41712, or 41731-41742,] chapter 413 (except sections 
        41307 and 41310(b)-(f)), chapter 415 (except sections 
        41502, 41505, and 41507-41509), chapter 417 (except 
        sections 41703, 41704, 41710, 41713, and 41714), 
        chapter 419, subchapter II of chapter 421, chapter 441 
        (except section 44109), [or any of sections 44701(a) or 
        (b), 44702-44716, 44901, 44903(b) or (c), 44905, 44906, 
        44907(d)(1)(B), 44909(a), 44912-44915, 44932-44938,] 
        section 44502(b) or (c), chapter 447 (except sections 
        44717 and 44719-44723), chapter 449 (except sections 
        44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and 
        (d)(1)(C)-(f), and 44908), or section 46302, 46303, or 
        47107(b) (including any assurance made under such 
        section)[, or 41715] of this title;

                                 * * *

    (2) A person operating an aircraft for the transportation 
of passengers or property for compensation (except an airman 
serving as an airman) is liable to the Government for a civil 
penalty of not more than $10,000 for violating--
          (A) chapter 401 (except sections 40103(a) and (d), 
        40105, 40106(b), 40116, and 40117) [or any of sections 
        44701(a) or (b), 44702-44716, 44901, 44903(b) or (c), 
        44905, 44906, 44912-44915, or 44932-44938], section 
        44502(b) or (c), chapter 447 (except sections 44717-
        44723), or chapter 449 (except sections 44902, 
        44903(d), 44904, and 44907-44909) of this title; or
          (B) a regulation prescribed or order issued under any 
        provision to which clause (A) of this paragraph 
        applies.
    (3) A civil penalty of not more than $10,000 may be imposed 
for each violation under paragraph (1) of this subsection 
related to--
    [(A) the transportation of hazardous material; or
    (B) the registration or recordation under chapter 441 of 
this title of an aircraft not used to provide air 
transportation.]
          (A) the transportation of hazardous material; or
          (B) the registration or recordation under chapter 441 
        of this title of an aircraft not used to provide air 
        transportation.

                                 * * *

    (c) Procedural Requirements.--(1) The Secretary of 
Transportation may impose a civil penalty for the following 
violations only after notice and an opportunity for a hearing:
          (A) a violation of subsection (b) of this section or 
        chapter 411, [any of sections 41301-41306, 41308-
        41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 
        41701, 41702, 41705-41709, 41711, 41712, or 41731-
        41742,] chapter 413 (except sections 41307 and 
        41310(b)-(f)), chapter 415 (except sections 41502, 
        41505, and 41507-41509), chapter 417 (except sections 
        41703, 41704, 41710, 41713, and 41714), chapter 419, 
        [or] subchapter II of chapter 421, or section 44909 of 
        this title.

                                 * * *

    (d) Administrative Imposition of Penalties.--(1) In this 
section--

                                 * * *

    (2) The Administrator of the Federal Aviation 
Administration may impose a civil penalty for a violation of 
chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 
40116, and 40117), chapter 441 (except section 44109), [or any 
of sections 44701(a) or (b), 44702-44716, 44901, 44903(b) or 
(c), 44905, 44906, 44907(d)(1)(B), 44912-44915, 44932-44938,] 
section 44502(b) or (c), chapter 447 (except sections 44717 and 
44719-44723), chapter 449 (except sections 44902, 44903(d), 
44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and 44909), 
or section 46302, 46303, or 47107(b) (as further defined by the 
Secretary under section 47107(l ) and including any assurance 
made under section 47107(b)) of this title or a regulation 
prescribed or order issued under any of those provisions. The 
Administrator shall give written notice of the finding of a 
violation and the penalty.

                                 * * *

    (f) Compromise and Setoff.--(1)(A) The Secretary may 
compromise the amount of a civil penalty imposed for 
violating--
          (i) chapter 401 (except sections 40103(a) and (d), 
        40105, 40116, and 40117), chapter 441 (except section 
        44109), [or any of sections 44701(a) or (b), 44702-
        44716, 44901, 44903(b) or (c), 44905, 44906, 
        44907(d)(1)(B), 44912-44915, or 44932-44938] section 
        44502(b) or (c), chapter 447 (except sections 44717 and 
        44719-44723), or chapter 449 (except sections 44902, 
        44903(d), 44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 
        44908, and 44909) of this title; or

                                 * * *

Sec. 46306. Registration violations involving aircraft not providing 
                    air transportation

                                 * * *

    (c) Controlled Substance Criminal Penalty.--(1) In this 
subsection, ``controlled substance'' has the same meaning given 
that term in section 102 of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 802).
    (2) A person violating subsection (b) of this section shall 
be fined under title 18, imprisoned for not more than 5 years, 
or both, if the violation is related to transporting a 
controlled substance by aircraft or aiding or facilitating a 
controlled substance violation and the transporting, aiding, or 
facilitating--
          (A) is punishable by death or imprisonment of more 
        than one year under a law of the United States or a 
        State; or
          (B) that is provided is related to an act punishable 
        by death or imprisonment for more than one year under a 
        law of the United States or a State related to a 
        controlled substance (except a law related to simple 
        possession of a controlled substance).

                                 * * *

Sec. 46316. General criminal penalty when specific penalty not provided

                                 * * *

    (b) Nonapplication--Subsection (a) of this section does not 
apply to chapter 401 (except sections 40103(a) and (d), 40105, 
40116, and 40117), chapter 441 (except section 44109), chapter 
445, [and sections 44701(a) and (b), 44702-44716, 44901, 
44903(b) and (c), 44905, 44906, 44912-44915, and 44932-44938] 
chapter 447 (except sections 44717-44723), and chapter 449 
(except sections 44902, 44903(d), 44904, and 44907-44909) of 
this title.

                                 * * *

Sec. 47107. Project grant application approval conditioned on 
                    assurances about airport operations

                                 * * *

    (k) Annual Summaries of Financial Reports.--The Secretary 
shall provide to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on [Public Works 
and Transportation] Transportation and Infrastructure of the 
House of Representatives an annual summary of the reports 
submitted to the Secretary under subsection (a)(19) of this 
section and under section 111(b) of the Federal Aviation 
Administration Authorization Act of 1994.
    (l ) Policies and Procedures To Ensure Enforcement Against 
Illegal Diversion of Airport Revenue.--
          (1) In General.--Not later than 90 days after [the 
        date of the enactment of this subsection] August 23, 
        1994, the Secretary of Transportation shall establish 
        policies and procedures that will assure the prompt and 
        effective enforcement of subsections (a)(13) and (b) of 
        this section and grant assurances made under such 
        subsections. Such policies and procedures shall 
        recognize the exemption provision in subsection (b)(2) 
        of this section and shall respond to the information 
        contained in the reports of the Inspector General of 
        the Department of Transportation on airport revenue 
        diversion and such other relevant information as the 
        Secretary may by law consider.

                                 * * *

Sec. 47115. Discretionary fund

                                 * * *

    (f) Consideration of Diversion of Revenues in Awarding 
Discretionary Grants.--

                                 * * *

          (2) Required finding.--Paragraph (1) shall apply only 
        when the Secretary finds that the amount of revenues 
        used by the airport for purposes other than capital or 
        operating costs in the airport's fiscal year preceding 
        the date of the application for discretionary funds 
        exceeds the amount of such revenues in the airport's 
        first fiscal year ending after [the date of the 
        enactment of this subsection] August 23, 1994, adjusted 
        by the Secretary for changes in the Consumer Price 
        Index of All Urban Consumers published by the Bureau of 
        Labor Statistics of the Department of Labor.
    [(f)] (g) 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.

                                 * * *

Sec. 47117. Use of apportioned amounts

                                 * * *

    (e) Special Apportionment Categories.--(1) The Secretary 
shall use amounts made available under section 48103 of this 
title for each fiscal year as follows:

                                 * * *

          (B) at least 12.5 percent for grants for airport 
        noise compatibility planning under section 47505(a)(2) 
        of this title and for carrying out noise compatibility 
        programs under section 47501(c)[(1)] of this title.

                                 * * *

    (g) Discretionary Use of Apportionments.--(1) Subject to 
paragraph (2) of this subsection, if the Secretary finds, based 
on the notices the Secretary receives under section [47105(e)] 
47105(f) of this title or otherwise, that an amount apportioned 
under section 47114 of this title will not be used for grants 
during a fiscal year, the Secretary may use an equal amount for 
grants during that fiscal year for any of the purposes for 
which amounts are authorized for grants under section 48103 of 
this title.

                                 * * *

Sec. 47118. Designating current and former military airports

    (a) General Requirements.--The Secretary of Transportation 
shall designate not more than 15 current or former military 
airports for which grants may be made under section 
47117(e)(1)(E) of this title. The Secretary may only designate 
an airport for such grants (other than an airport designated 
for such grants [on or before the date of the enactment of this 
sentence] before August 24, 1994) if the Secretary finds that 
grants under such section for projects at such airport would 
reduce delays at an airport with more than 20,000 hours of 
annual delays in commercial passenger aircraft takeoffs and 
landings.

                                 * * *

    (e) Terminal Building Facilities.--[Notwithstanding section 
47109(c) of this title, not] Not more than $5,000,000 for each 
airport from amounts the Secretary distributes under section 
47115 of this title for a fiscal year is available to the 
sponsor of a current or former military airport the Secretary 
designates under this section to construct, improve, or repair 
a terminal building facility, including terminal gates used for 
revenue passengers getting on or off aircraft. A gate 
constructed, improved, or repaired under this subsection--

                                 * * *

Sec. 47128. State block grant pilot program

                                 * * *

    (d) Ending Effective Date [and Report].--This section is 
effective only through September 30, 1996.

                                 * * *

Sec. 47129. Resolution of airport-air carrier disputes concerning 
                    airport fees

    (a) Authority To Request Secretary's Determination.--
          (1) In general.--The Secretary of Transportation 
        shall issue a determination as to whether a fee imposed 
        upon one or more air carriers (as defined in section 
        40102 of this [subtitle] title) by the owner or 
        operator of an airport is reasonable if--

                                 * * *

    (b) Procedural Regulations.-- Not later than 90 days after 
[the date of the enactment of this section] August 23, 1994, 
the Secretary shall publish in the Federal Register final 
regulations, policy statements, or guidelines establishing--

                                 * * *

    (e) Applicability.--This section does not apply to--

                                 * * *

          (2) a fee imposed pursuant to a financing agreement 
        or covenant entered into prior to [the date of the 
        enactment of this section] August 23, 1994; or
          (3) any other existing fee not in dispute as of [such 
        date of enactment] August 23, 1994.
    (f) Effect On Existing Agreements.--Nothing in this section 
shall adversely affect--

                                 * * *

          (2) the ability of an airport to meet its obligations 
        under a financing agreement, or covenant, that is in 
        force as of [the date of the enactment of this section] 
        August 23, 1994.

                                 * * *

Sec. 47509. Research program on quiet aircraft technology for propeller 
                    and rotor driven aircraft

                                 * * *

    (d) Report.--Not less than 280 days after [the date of the 
enactment of this section] August 23, 1994, the Administrator 
of the Federal Aviation Administration and the Administrator of 
the National Aeronautics and Space Administration shall 
transmit to Congress a report on the results of the study 
required under subsection (a).

                                 * * *

Sec. 48102. Research and development

                                 * * *

    (c) Transfers Between Categories.--(1) Not more than 10 
percent of the net amount authorized for a category of projects 
and activities in a fiscal year under subsection (a) of this 
section may be transferred to or from that category in that 
fiscal year.
    (2) The Secretary may transfer more than 10 percent of an 
authorized amount to or from a category only after--
          (A) submitting a written explanation of the proposed 
        transfer to the Committees on Science[, Space, and 
        Technology] and Appropriations of the House of 
        Representatives and the Committees on Commerce, 
        Science, and Transportation and Appropriations of the 
        Senate; and

                                 * * *

    (d) Airport Capacity Research and Development.--(1) Of the 
amounts made available under subsection (a) of this section, at 
least $25,000,000 may be appropriated each fiscal year for 
research and development under section 44505(a) and (c) of this 
title on preserving and enhancing airport capacity, including 
research and development on improvements to airport design 
standards, maintenance, safety, operations, and environmental 
concerns.
    (2) The Administrator shall submit to the Committees on 
Science[, Space, and Technology] and [Public Works and 
Transportation] Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on expenditures made 
under paragraph (1) of this subsection for each fiscal year. 
The report shall be submitted not later than 60 days after the 
end of the fiscal year.

                                 * * *

Sec. 48104. Certain direct costs and joint air navigation services

                                 * * *

    (b) Limitation for Fiscal [Years] Year 1993.--The amount 
that may be appropriated out of the Fund for fiscal year 1993 
may not be more than an amount equal to--

                                 * * *

Sec. 48109. Submission of budget information and legislative 
                    recommendations and comments

    When the Administrator of the Federal Aviation 
Administration submits to the Secretary of Transportation, the 
President, or the Director of the Office of Management and 
Budget any budget information, legislative recommendation, or 
comment on legislation about amounts authorized in section 
48101 or 48102 of this title, the Administrator concurrently 
shall submit a copy of the information, recommendation, or 
comment to the Speaker of the House of Representatives, the 
Committees on [Public Works and Transportation] Transportation 
and Infrastructure and Appropriations of the House, the 
President of the Senate, and the Committees on Commerce, 
Science, and Transportation and Appropriations of the Senate.

Sec. 48110. Facilities for advanced training of maintenance technicians 
                    for air carrier aircraft

    For the fiscal years ending September 30, 1993-1995, 
amounts necessary to carry out section 44515 of this title may 
be appropriated to the Secretary of Transportation out of the 
Airport and Airway Trust Fund established under section 9502 of 
the Internal Revenue Code of 1986 (26 U.S.C. 9502). The amounts 
remain available until expended.

Oct. 18, 1986, Pub. L. 99-500, Sec. Sec. 6001-6012, 100 Stat. 1783-373, 
                    Oct. 30, 1986, Pub. L. 99-591, Sec. Sec. 6001-6012, 
                    100 Stat. 3341-376.

              [Title VI--METROPOLITAN WASHINGTON AIRPORTS

SEC. 6001. SHORT TITLE.

    This title may be cited as the ``Metropolitan Washington 
Airports Act of 1986''.

SEC. 6002. FINDINGS.

    The Congress finds that--
          (1) the two federally owned airports in the 
        metropolitan area of Washington, District of Columbia, 
        constitute an important and growing part of the 
        commerce, transportation, and economic patterns of the 
        Commonwealth of Virginia, the District of Columbia, and 
        the surrounding region;
          (2) Baltimore/Washington International Airport, owned 
        and operated by the State of Maryland, is an air 
        transportation facility that provides service to the 
        greater Metropolitan Washington region together with 
        the two 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 Federal 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 agency 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 two 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 Federal 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 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 Nation;
          (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 the Commonwealth of 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. 6003. PURPOSE.

    (a) In General.--It is therefore declared to be the purpose 
of the Congress in this title to authorize the transfer of 
operating responsibility under long-term lease of the two 
Metropolitan Washington Airport properties as a unit, including 
access highways and other related facilities, to a properly 
constituted independent airport authority created by the 
Commonwealth of Virginia and the District of Columbia, in order 
to achieve local control, management, operation, and 
development of these important transportation assets.
    (b) Inclusion of BWI Not Precluded.--Nothing in this title 
shall be construed to prohibit the Airports Authority and the 
State of Maryland from entering into an agreement whereby 
Baltimore/Washington International Airport may be made part of 
a regional airports authority, subject to terms and conditions 
agreed to by the Airports Authority, the Secretary, the 
Commonwealth of Virginia, the District of Columbia, and the 
State of Maryland.

SEC. 6004. DEFINITIONS.

    In this title--
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Federal Aviation 
        Administration.
          (2) Airports authority.--The term ``Airports 
        Authority'' means the Metropolitan Washington Airports 
        Authority, a public body to be created by the 
        Commonwealth of Virginia and the District of Columbia 
        consistent with the requirements of section 6007.
          (3) Employees.--The term ``employees'' means all 
        permanent Federal Aviation Administration personnel 
        employed on the date the lease under section 6005 takes 
        effect by the Metropolitan Washington Airports, an 
        organization within the Federal Aviation 
        Administration.
          (4) Metropolitan washington airports.--The term 
        ``Metropolitan Washington Airports'' means Washington 
        National Airport and Washington Dulles International 
        Airport.
          (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
          (6) Washington dulles international airport.--The 
        term ``Washington Dulles International Airport'' means 
        the airport constructed under the Act entitled ``An Act 
        to authorize the construction, protection, operation, 
        and maintenance of a public airport on or in the 
        vicinity of the District of Columbia'', approved 
        September 7, 1950 (64 Stat. 770), and includes the 
        Dulles Airport Access Highway and Right-of-way, 
        including the extension between the Interstate Routes 
        I-495 and I-66.
          (7) Washington national airport.--The term 
        ``Washington National Airport'' means the airport 
        described in the Act entitled ``An Act to provide for 
        the administration of the Washington National Airport, 
        and for other purposes'', approved June 29, 1940 (54 
        Stat. 686).

SEC. 6005. LEASE OF METROPOLITAN WASHINGTON AIRPORTS.

    (a) Authority To Enter Into Lease.--The Secretary is 
authorized to enter into a lease of the Metropolitan Washington 
Airports with the Airports Authority for a 50-year term and to 
enter into any related agreement necessary for the transfer of 
authority and property to the Airports Authority. Authority to 
enter into a lease and agreement under this section shall lapse 
two years after the date of enactment of this title.
    (b) Payments.--
          (1) Lease payments.--The lease shall provide for the 
        Airports Authority to pay to the general fund of the 
        Treasury annually an amount, computed using the GNP 
        Price Deflator, to equal $3,000,000 in 1987 dollars. 
        The Secretary and the Airports Authority may 
        renegotiate the level of lease payments attributable to 
        inflation costs every ten years.
          (2) Retirement obligations.--
                  (A) Discontinued service.--Not later than one 
                year after the lease takes effect, the Airports 
                Authority shall pay to the Treasury of the 
                United States, to be deposited to the credit of 
                the Civil Service Retirement and Disability 
                Fund, an amount determined by the Office of 
                Personnel Management to represent the actual 
                added costs incurred by the Fund due to 
                discontinued service retirement under section 
                8336(d)(1) of title 5, United States Code, of 
                employees who elect not to transfer to the 
                Airports Authority.
                  (B) Unfunded liability.--Not later than one 
                year after the lease takes effect, the Airports 
                Authority shall pay to the Treasury of the 
                United States, to be deposited to the credit of 
                the Civil Service Retirement and Disability 
                Fund, an amount determined by the Office of 
                Personnel Management to represent the present 
                value of the difference between (i) the future 
                cost of benefits payable from the Fund and due 
                the employees covered under section 6008(e) 
                that are attributable to the period of 
                employment following the date the lease takes 
                effect, and (ii) the contributions made by the 
                employees and the Airports Authority under 
                section 6008(e). In determining the amount due, 
                the Office of Personnel Management shall take 
                into consideration the actual interest such 
                amount can be expected to earn when invested in 
                the Treasury of the United States.
    (c) Minimum Terms and Conditions.--The Airports Authority 
shall agree, at a minimum, to the following conditions and 
requirements in the lease:
          (1) Operation of airports as a unit.--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) Airport purposes.--The real property constituting 
        the Metropolitan Washington Airports shall, during the 
        period of the lease, be used only for airport purposes. 
        For the purposes of this paragraph, the term ``airport 
        purposes'' means a use of property interests (other 
        than a sale) for aviation business or activities, or 
        for activities necessary or appropriate to serve 
        passengers or cargo in air commerce, or for nonprofit, 
        public use facilities. If the Secretary determines that 
        any portion of the real property leased to the Airports 
        Authority pursuant to this Act is used for other than 
        airport purposes, the Secretary shall (A) direct that 
        appropriate measures be taken by the Airports Authority 
        to bring the use of such portion of real property in 
        conformity with airport purposes, and (B) retake 
        possession of such portion of real property if the 
        Airports Authority fails to bring the use of such 
        portion into a conforming use within a reasonable 
        period of time, as determined by the Secretary.
          (3) AIP requirements.--The Airports Authority shall 
        be subject to the requirements of section 511(a) of the 
        Airport and Airway Improvement Act of 1982 and the 
        assurances and conditions required of grant recipients 
        under such Act as of the date the lease takes effect. 
        Notwithstanding section 511(a)(12) of such Act, all 
        revenues generated by the Metropolitan Washington 
        Airports shall be expended for the capital and 
        operating costs of such airports.
          (4) Contracts.--In acquiring by contract supplies or 
        services for an amount estimated to be in excess of 
        $200,000, or awarding concession contracts, the 
        Airports Authority shall obtain, to the maximum extent 
        practicable, full and open competition through the use 
        of published competitive procedures. By a vote of seven 
        members, the Airports Authority may grant exceptions to 
        the requirements of this paragraph.
          (5) Continuation of regulations.--
                  (A) In general.--Except as provided in 
                subparagraph (B), all regulations of the 
                Metropolitan Washington Airports (14 C.F.R. 
                part 159) shall become regulations of the 
                Airports Authority on the date the lease takes 
                effect and shall remain in effect until 
                modified or revoked by the Airports Authority 
                in accordance with procedures of the Airports 
                Authority.
                  (B) Exceptions.--The following regulations 
                shall cease to be in effect on the date the 
                lease takes effect:
                          (i) section 159.59(a) of title 14, 
                        Code of Federal Regulations (relating 
                        to new-technology aircraft); and
                          (ii) section 159.191 of title 14, 
                        Code of Federal Regulations (relating 
                        to violations of Federal Aviation 
                        Administration regulations as Federal 
                        misdemeanors).
                  (C) Operations.--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 the date of the enactment of this Act, and 
                may not impose a limitation after the date the 
                lease takes effect on the number of passengers 
                taking off or landing at Washington National 
                Airport.
          (6) Transfer of rights, liabilities, and 
        obligations.--
                  (A) In general.--Except as specified in 
                subparagraph (B) of this paragraph, the 
                Airports Authority shall assume all rights, 
                liabilities, and obligations (tangible and 
                incorporeal, present and executory) of the 
                Metropolitan Washington Airports on the date 
                the lease takes effect, including leases, 
                permits, licenses, contracts, agreements, 
                claims, tariffs, accounts receivable, accounts 
                payable, and litigation relating to such rights 
                and obligations, regardless whether judgment 
                has been entered, damages awarded, or appeal 
                taken. Before the date the lease takes effect, 
                the Secretary shall also assure that the 
                Airports Authority has agreed to cooperate in 
                allowing representatives of the Attorney 
                General and the Secretary adequate access to 
                employees and records when needed for the 
                performance of functions related to the period 
                before the effectiveness of the lease. The 
                Airports Authority shall assume responsibility 
                for the Federal Aviation Administration's 
                Master Plans for the Metropolitan Washington 
                Airports.
                  (B) Exceptions.--The procedure for disputes 
                resolution contained in any contract entered 
                into on behalf of the United States before the 
                date the lease takes effect shall continue 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 United States as the 
                owner and operator of the Metropolitan 
                Washington Airports, arising before the date 
                the lease takes effect shall be adjudicated as 
                if the lease had not been entered into.
                  (C) Payments into employees' compensation 
                fund.--The Federal Aviation Administration 
                shall remain responsible for reimbursing the 
                Employees' Compensation Fund, pursuant to 
                section 8147 of title 5, United States Code, 
                for compensation paid or payable after the date 
                the lease takes effect in accordance with 
                chapter 81 of title 5, United States Code, with 
                regard to any injury, disability, or death due 
                to events arising before such date, whether or 
                not a claim has been filed or is final on such 
                date.
                  (D) Collective bargaining rights.--The 
                Airports Authority shall continue all 
                collective bargaining rights enjoyed before the 
                date the lease takes effect by employees of the 
                Metropolitan Washington Airports.
          (7) Audits.--The Comptroller General of the United 
        States may conduct periodic audits of the activities 
        and transactions of the Airports Authority in 
        accordance with generally accepted management 
        principles, and under such rules and regulations as may 
        be prescribed by the Comptroller General. Any such 
        audit shall be conducted at such place or places as the 
        Comptroller General may deem appropriate. All books, 
        accounts, records, reports, files, papers, and property 
        of the Airports Authority shall remain in possession 
        and custody of the Airports Authority.
          (8) Code of ethics.--The Airports Authority shall 
        develop a code of ethics and financial disclosure in 
        order to assure the integrity of all decisions made by 
        its board of directors and employees.
          (9) Restriction on use of certain revenues.--
        Notwithstanding any other provision of law, no landing 
        fee imposed for operating an aircraft or revenues 
        derived from parking automobiles--
                  (A) at Washington Dulles International 
                Airport may be used for maintenance or 
                operating expenses (excluding debt service, 
                depreciation, and amortization) at Washington 
                National Airport; or
                  (B) at Washington National Airport may be 
                used for maintenance or operating expenses 
                (excluding debt service, depreciation, and 
                amortization) at Washington Dulles 
                International Airport.
          (10) General aviation fees.--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 not in excess of the 
        landing fee for aircraft weighing 12,500 pounds.
          (11) Other terms.--The Secretary shall include such 
        other terms and conditions applicable to the parties to 
        the lease as are consistent with and carry out the 
        provisions of this title.
    (d) Submission to Congress.--The Secretary shall submit the 
lease entered into under this section to Congress. The lease 
may not take effect before the passage of (1) 30 days, or (2) 
10 days in which either House of Congress is in session, 
whichever occurs later.
    (e) Enforcement of Lease Provisions.--The district courts 
of the United States shall 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.

SEC. 6006. CAPITAL IMPROVEMENTS, CONSTRUCTION, AND REHABILITATION.

    (a) Improvements.--It is the sense of the Congress that the 
Airports Authority should--
          (1) 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, cause the improvement, 
        construction, and rehabilitation proposed by the 
        Secretary to be completed at both of such Airports 
        within 5 years after the earliest date on which the 
        Airports Authority issues bonds under the authority 
        required by section 6007 of this title for any such 
        improvement, construction, or rehabilitation.
    (b) Secretary's Assistance.--The Secretary shall assist the 
three airports serving the Washington, D.C. metropolitan area 
in planning for operational and capital improvements at those 
airports and shall accelerate consideration of applications for 
Federal financial assistance by whichever of the three airports 
is most in need of increasing airside capacity.

SEC. 6007. AIRPORTS AUTHORITY.

    (a) Powers Conferred by Virginia and the District of 
Columbia.--The Airports Authority shall be a public body 
corporate and politic, having the powers and jurisdiction as 
are conferred upon it jointly by the legislative authority of 
the Commonwealth of Virginia and the District of Columbia or by 
either of the jurisdictions and concurred in by the legislative 
authority of the other jurisdiction, but at a minimum meeting 
the requirements of this section.
    (b) Purpose.--The Airports Authority shall be--
          (1) independent of the Commonwealth of Virginia and 
        its local governments, the District of Columbia, and 
        the Federal Government; and
          (2) a political subdivision constituted solely to 
        operate and improve both Metropolitan Washington 
        Airports as primary airports serving the Metropolitan 
        Washington area.
    (c) General Authorities.--The Airports Authority shall be 
authorized--
          (1) to acquire, maintain, improve, operate, protect, 
        and promote the Metropolitan Washington Airports for 
        public purposes;
          (2) to issue bonds from time to time in its 
        discretion for public purposes, including the purposes 
        of paying all or 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, which bonds--
                  (A) shall not constitute a debt of either 
                jurisdiction or a political subdivision 
                thereof; 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 they are 
                financed in whole or part from the proceeds of 
                such bonds;
          (3) to acquire real and personal property by 
        purchase, lease, transfer, or exchange, and to exercise 
        such powers of eminent domain within the Commonwealth 
        of Virginia as are conferred upon it by the 
        Commonwealth of Virginia;
          (4) to levy fees or other charges; and
          (5) to make and maintain agreements with employee 
        organizations to the extent that the Federal Aviation 
        Administration is so authorized on the date of 
        enactment of this title
    (d) Conflict-of-Interest Provisions.--The Airports 
Authority shall be subject to a conflict-of-interest provision 
providing that 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. Exceptions to requirements of the 
preceding sentence may be made by the official appointing a 
member at the time the member is appointed, if the financial 
interest is fully disclosed and so long as the member does not 
participate in board decisions that directly affect such 
interest. The Airports Authority shall include in its code 
developed under section 6005(c)(8) of this title the standards 
by which members will determine what constitutes a substantial 
financial interest and the circumstances under which an 
exception may be granted.
    (e) Board of Directors.--
          (1) Appointment.--The Airports Authority shall be 
        governed by a board of directors of 11 members, as 
        follows:
                  (A) five members shall be appointed by the 
                Governor of Virginia;
                  (B) three members shall be appointed by the 
                Mayor of the District of Columbia;
                  (C) two members shall be appointed by the 
                Governor of Maryland; and
                  (D) one member shall be appointed by the 
                President with the advice and consent of the 
                Senate.
        The Chairman shall be appointed from among the members 
        by majority vote of the members and shall serve until 
        replaced by majority vote of the members.
          (2) Restrictions.--Members shall (A) not hold 
        elective or appointive political office, (B) serve 
        without compensation other than for reasonable expenses 
        incident to board functions, and (C) reside within the 
        Washington Standard Metropolitan Statistical Area, 
        except that the member appointed by the President shall 
        not be required to reside in that area.
          (3) Terms.--Members shall be appointed to the board 
        for a term of 6 years, except that of members first 
        appointed--
                  (A) by the Governor of Virginia, 2 shall be 
                appointed for 4 years and 2 shall be appointed 
                for 2 years;
                  (B) by the Mayor of the District of Columbia, 
                1 shall be appointed for 4 years and 1 shall be 
                appointed for 2 years; and
                  (C) by the Governor of Maryland, 1 shall be 
                appointed for 4 years.
          (4) Removal of presidential appointees.--A member of 
        the board appointed by the President shall be subject 
        to removal by the President for cause.
          (5) Required number of votes.--Seven votes shall be 
        required to approve bond issues and the annual budget.
    (f) Board of Review.--
          (1) Composition.--The board of directors shall be 
        subject to review of its actions and to requests, in 
        accordance with this subsection, by a Board of Review 
        of the Airports Authority. The Board of Review shall be 
        established by the board of directors to represent the 
        interests of users of the Metropolitan Washington 
        Airports and shall be 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) 1 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.
        In addition to the recommendations on a list provided 
        under this paragraph, the board of directors may 
        request additional recommendations.
          (2) Terms, vacancies, and qualifications.--
                  (A) Terms.--Members of the Board of Review 
                appointed under paragraphs (1)(A) and (1)(B) 
                shall be appointed for terms of 6 years. 
                Members of the Board of Review appointed under 
                paragraph (1)(C) shall be appointed for terms 
                of 2 years. A member may serve after the 
                expiration of that member's term until a 
                successor has taken office.
                  (B) Vacancies.--A vacancy in the Board of 
                Review shall be filled in the manner in which 
                the original appointment was made. Any member 
                appointed to fill a vacancy occurring before 
                the expiration of the term for which the 
                member's predecessor was appointed shall be 
                appointed only for the remainder of such term.
                  (C) Qualifications.--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.
                  (D) Effect of more than 4 vacancies.--At any 
                time that the Board of Review established under 
                this subsection has more than 4 vacancies and 
                lists have been provided for appointments to 
                fill such vacancies, the Airports Authority 
                shall have no authority to perform any of the 
                actions that are required by paragraph (4) to 
                be submitted to the Board of Review.
          (3) Procedures.--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. Any decision of the Board of Review under 
        paragraph (4) or (5) shall be by a vote of 5 members of 
        the Board.
          (4) Review procedure.--
                  (A) Submission required.--An action of the 
                Airports Authority described in subparagraph 
                (B) shall be submitted to the Board of Review 
                at least 30 days (or at least 60 days in the 
                case of the annual budget) before it is to 
                become effective.
                  (B) Actions affected.--The following are the 
                actions referred to in subparagraph (A):
                          (i) the adoption of an annual budget 
                        and any amendments thereto;
                          (ii) the authorization for the 
                        issuance of bonds and an annual plan 
                        for issuance of bonds and any 
                        amendments to such plan;
                          (iii) the adoption, amendment, or 
                        repeal of a regulation;
                          (iv) the adoption or revision of a 
                        master plan;
                          (v) the appointment of the chief 
                        executive officer;
                          (vi) the award of a contract (other 
                        than a contract in connection with the 
                        issuance or sale of bonds which is 
                        executed within 30 days of the date of 
                        issuance of the bonds) which has been 
                        approved by the board of directors of 
                        the Airports Authority;
                          (vii) any action of the board of 
                        directors approving a terminal design 
                        or airport layout or modification of 
                        such design or layout; and
                          (viii) the authorization for the 
                        acquisition or disposal of land and the 
                        grant of a long-term easement.
                  (C) Recommendations.--The Board of Review may 
                make to the board of directors recommendations 
                regarding an action within either (i) 30 
                calendar days of its submission under this 
                paragraph; 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 paragraph; whichever period is longer. 
                Such 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 subparagraph or if at any time in 
                such review period the Board of Review decides 
                that it will not make a recommendation on an 
                action, the action may take effect.
                  (D) Effect of recommendation.--
                          (i) Response.--An action with respect 
                        to which the Board of Review has made a 
                        recommendation in accordance with 
                        subparagraph (C) may only take effect 
                        if the board of directors adopts such 
                        recommendation or if the board of 
                        directors has evaluated and responded, 
                        in writing, to the Board of Review with 
                        respect to such recommendation and 
                        transmits such action, evaluation, and 
                        response to Congress in accordance with 
                        clause (ii) and the 60-calendar day 
                        period described in clause (ii) 
                        expires.
                          (ii) Nonadoption of recommendation.--
                        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 such recommendation, and 
                        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 makes 
                        such transmission to the Speaker of the 
                        House of Representatives and the 
                        President of the Senate.
                  (E) Limitation on expenditures.--Unless an 
                annual budget for a fiscal year has taken 
                effect in accordance with this paragraph, the 
                Airports Authority may not obligate or expend 
                any money in such fiscal year, except for (i) 
                debt service on previously authorized 
                obligations, and (ii) obligations and 
                expenditures for previously authorized capital 
                expenditures and routine operating expenses.
          (5) Congressional disapproval procedure.--
                  (A) In general.--This paragraph is enacted by 
                Congress--
                          (i) as an exercise of the rulemaking 
                        power of the Senate and the House of 
                        Representatives, respectively, and as 
                        such these provisions 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 
                        paragraph; and they supersede other 
                        rules only to the extent that they are 
                        inconsistent therewith; and
                          (ii) with full recognition of the 
                        constitutional right of either House to 
                        change the rule (so far as relating to 
                        the procedure of that House) at any 
                        time, in the same manner and to the 
                        same extent as in the case of any other 
                        rule of that House.
                  (B) Resolution defined.--For the purpose of 
                this paragraph, the term ``resolution'' means 
                only a joint resolution, relating to an action 
                of the board of directors transmitted to 
                Congress in accordance with paragraph 
                (4)(D)(ii), 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:        
                    .'', the blank space therein being 
                appropriately filled. Such term does not 
                include a resolution which specifies more than 
                one action.
                  (C) Referral.--A resolution with respect to a 
                board of director's action shall be referred to 
                the Committee on Public Works and 
                Transportation of the House of Representatives, 
                or the Committee on Commerce, Science and 
                Technology of the Senate, by the Speaker of the 
                House of Representatives or the President of 
                the Senate, as the case may be.
                  (D) Motion to discharge.--If the committee to 
                which a resolution has been referred has not 
                reported it at the end of 20 calendar days 
                after its introduction, it is in order to move 
                to discharge the committee from further 
                consideration of that joint resolution or any 
                other resolution with respect to the board of 
                directors action which has been referred to the 
                committee.
                  (E) Rules with respect to motion.--A motion 
                to discharge may be made only by an individual 
                favoring the resolution, is highly privileged 
                (except that it may not be made after the 
                committee has reported a resolution with 
                respect to the same action), and debate thereon 
                shall be limited to not more than 1 hour, to be 
                divided equally between those favoring and 
                those opposing the resolution. An amendment to 
                the motion is not in order, and it is not in 
                order to move to reconsider the vote by which 
                the motion is agreed to or disagreed to. 
                Motions to postpone shall be decided without 
                debate.
                  (F) Effect of motion.--If the motion to 
                discharge is agreed to or disagreed to, the 
                motion may not be renewed, nor may another 
                motion to discharge the committee be made with 
                respect to any other resolution with respect to 
                the same action.
                  (G) Senate procedure.--
                          (i) Motion to proceed.--When the 
                        committee of the Senate has reported, 
                        or has been discharged from further 
                        consideration of, a resolution, it is 
                        at any time thereafter in order (even 
                        though a previous motion to the same 
                        effect has been disagreed to) to move 
                        to proceed to the consideration of the 
                        resolution. The motion is highly 
                        privileged and is not debatable. An 
                        amendment to the motion is not in 
                        order, and it is not in order to move 
                        to reconsider the vote by which the 
                        motion is agreed to or disagreed to.
                          (ii) Limitation on debate.--Debate in 
                        the Senate on the resolution shall be 
                        limited to not more than 10 hours, 
                        which shall 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, and it is 
                        not in order to move to reconsider the 
                        vote by which the resolution is agreed 
                        to or disagreed to.
                          (iii) No debate on certain motions.--
                        In the Senate, motions to postpone made 
                        with respect to the consideration of a 
                        resolution and motions to proceed to 
                        the consideration of other business 
                        shall be decided without debate.
                          (iv) Appeals.--Appeals from the 
                        decisions of the Chair relating to the 
                        application of the rules of the Senate 
                        to the procedure relating to a 
                        resolution shall be decided without 
                        debate.
                  (H) Effect of adoption of resolution by other 
                house.--If, before the passage by 1 House of a 
                joint resolution of that House, that House 
                receives from the other House a joint 
                resolution, then the following procedures shall 
                apply:
                          (i) The joint resolution of the other 
                        House shall not be referred to a 
                        committee and may not be considered in 
                        the House receiving it, except in the 
                        case of final passage as provided in 
                        clause (ii)(I).
                          (ii) With respect to a joint 
                        resolution described in clause (i) 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.
                Upon disposition of the joint resolution 
                received from the other House, it shall no 
                longer be in order to consider the joint 
                resolution that originated in the receiving 
                House.
          (6) 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. Upon receipt 
        of such a request the Airports Authority shall consider 
        and vote, or report, on the matter as promptly as 
        feasible.
          (7) Participation in meetings of airports 
        authority.--Members of the Board of Review may 
        participate as nonvoting members in meetings of the 
        board of the Airports Authority.
          (8) Staff.--The Board of Review may hire two staff 
        persons to be paid by the Airports Authority. The 
        Airports Authority shall provide such clerical and 
        support staff as the Board may require.
          (9) Liability.--A member of the Board of Review shall 
        not be liable in connection with any claim, action, 
        suit, or proceeding arising from service on the Board.
          (10) Conflicts of interest.--In every contract or 
        agreement to be made or entered into, or accepted by or 
        on behalf of the Airports Authority, there shall be 
        inserted an express condition that no member of a Board 
        of Review shall be admitted to any share or part of 
        such contract or agreement, or to any benefit to arise 
        thereupon.
          (11) Removal.--A member of the Board of Review shall 
        be subject to removal only for cause by a two-thirds 
        vote of the board of directors.
    (g) Certain Actions To Be Taken by Regulation.--Any 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.
    (h) Limitation on Authority.--If the Board of Review 
established under subsection (f) is unable to carry out its 
functions under this title by reason of a judicial order, the 
Airports Authority thereafter shall have no authority to 
perform any of the actions that are required by paragraph 
(f)(4) to be submitted to the Board of Review.
    (i) Review of Contracting Procedures.--The Comptroller 
General shall review contracts of the Airports Authority to 
determine whether such contracts were awarded by procedures 
which follow sound Government contracting principles and are in 
compliance with section 6005(c)(4) of this title. The 
Comptroller General shall submit periodic reports of the 
conclusions reached as a result of such review to the Committee 
on Public Works and Transportation of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.

SEC. 6008. EMPLOYEES AT METROPOLITAN WASHINGTON AIRPORTS.

    (a) Employee Protection.--Not later than the date the lease 
under section 6005 takes effect, the Secretary shall ensure 
that the Airports Authority has established arrangements to 
protect the employment interests of employees during the 5-year 
period beginning on such date. These arrangements shall include 
provisions--
          (1) which ensure that the Airports Authority will 
        adopt labor agreements in accordance with the 
        provisions of subsection (b) of this section;
          (2) for the transfer and retention of all employees 
        who agree to transfer to the Airports Authority in 
        their same positions for the 5-year period commencing 
        on the date the lease under section 6005 takes effect 
        except in cases of reassignment, separation for cause, 
        resignation, or retirement;
          (3) for the payment by the Airports Authority of 
        basic and premium pay to transferred employees, except 
        in cases of separation for cause, resignation, or 
        retirement, for 5 years commencing on the date the 
        lease takes effect at or above the rates of pay in 
        effect for such employees on such date;
          (4) for credit during the 5-year period commencing on 
        the date the lease takes effect for accrued annual and 
        sick leave and seniority rights which have been accrued 
        during the period of Federal employment by transferred 
        employees retained by the Airports Authority; and
          (5) for an offering of not less than one life 
        insurance and three health insurance programs for 
        transferred employees retained by the Airports 
        Authority during the 5-year period beginning on the 
        date the lease takes effect which are reasonably 
        comparable with respect to employee premium cost and 
        coverage to the Federal health and life insurance 
        programs available to employees on the day before such 
        date.
    (b) Labor Agreements.--
          (1) Adoption.--The Airports Authority shall adopt all 
        labor agreements which are in effect on the date the 
        lease under section 6005 takes effect. Such agreements 
        shall continue in effect for the 5-year period 
        commencing on such date, unless the agreement provides 
        for a shorter duration or the parties agree to the 
        contrary before the expiration of that 5-year period. 
        Such agreements shall be renegotiated during the 5-year 
        period, unless the parties agree otherwise. Any labor-
        management negotiation impasse declared before the date 
        the lease takes effect shall be settled in accordance 
        with chapter 71 of title 5, United States Code.
          (2) Continuation.--The arrangements made pursuant to 
        this section shall assure, during the 50-year lease 
        term, the continuation of all collective bargaining 
        rights enjoyed by transferred employees retained by the 
        Airports Authority.
    (c) Rights of Terminated Employees.--Any transferred 
employee whose employment with the Airports Authority is 
terminated during the 5-year period beginning on the date the 
lease under section 6005 takes effect shall be entitled, as a 
condition of any lease entered into in accordance with section 
6005 of this title, to rights and benefits to be provided by 
the Airports Authority that are similar to those such employee 
would have had under Federal law if termination had occurred 
immediately before such date.
    (d) Annual and Sick Leave.--Any employee who transfers to 
the Airports Authority under this section shall not be entitled 
to lump-sum payment for unused annual leave under section 5551 
of title 5, United States Code, but shall be credited by the 
Airports Authority with the unused annual leave balance on the 
date the lease under section 6005 takes effect, along with any 
unused sick leave balance on such date. During the 5-year 
period beginning on such date, annual and sick leave shall be 
earned at the same rates permitted on the day before such date, 
and observed official holidays shall be the same as those 
specified in section 6103 of title 5, United States Code.
    (e) Civil Service Retirement.--Any Federal employee who 
transfers to the Airports Authority and who on the day before 
the date the lease under section 6005 takes effect is subject 
to subchapter III of chapter 83 of title 5, United States Code, 
or chapter 84 of such title shall, so long as continually 
employed by the Airports Authority without a break in service, 
continue to be subject to such subchapter or chapter, as the 
case may be. Employment by the Airports Authority without a 
break in continuity of service shall be considered to be 
employment by the United States Government for purposes of such 
subchapter and chapter. The Airports Authority shall be the 
employing agency for purposes of such subchapter and chapter 
and shall contribute to the Civil Service Retirement and 
Disability Fund such sums as are required by such subchapter 
and chapter.
    (f) Separated Employees.--An employee who does not transfer 
to the Airports Authority and who does not otherwise remain a 
Federal employee shall be entitled to all of the rights and 
benefits available under Federal law for separated employees, 
except that severance pay shall not be payable to an employee 
who does not accept an offer of employment from the Airports 
Authority of work substantially similar to that performed for 
the Federal Government.
    (g) Access to Records.--The Airports Authority shall allow 
representatives of the Secretary adequate access to employees 
and employee records of the Airports Authority when needed for 
the performance of functions related to the period before the 
date the lease under section 6005 takes effect. The Secretary 
shall provide the Airports Authority access to employee records 
of transferring employees for appropriate purposes.

SEC. 6009. RELATIONSHIP TO AND EFFECT OF OTHER LAWS.

    (a) Other Laws.--In order to assure that the Airports 
Authority has the same proprietary powers and is subject to the 
same restrictions with respect to Federal law as any other 
airport except as otherwise provided in this title, during the 
period that the lease authorized by section 6005 of this title 
is in effect--
          (1) the Metropolitan Washington Airports shall be 
        considered public airports for purposes of the Airport 
        and Airway Improvement Act of 1982 (49 App. U.S.C. 2201 
        et seq.); and
          (2) the Acts entitled ``An Act to provide for the 
        administration of the Washington National Airport, and 
        for other purposes'', approved June 29, 1940 (54 Stat. 
        686), ``An Act to authorize the construction, 
        protection, operation, and maintenance of a public 
        airport in or in the vicinity of the District of 
        Columbia'', approved September 7, 1950 (64 Stat. 770), 
        and ``An act making supplemental appropriations for the 
        support of the Government for the fiscal year ending 
        June 30, 1941, and for other purposes'', approved 
        October 9, 1940 (54 Stat. 1030), shall not apply to the 
        operation of the Metropolitan Washington Airports, and 
        the Secretary shall be relieved of all responsibility 
        under those Acts.
    (b) Inapplicability of Certain Laws.--The Metropolitan 
Washington Airports and the Airports Authority shall not be 
subject to the requirements of any law solely by reason of the 
retention by the United States of the fee simple title to such 
airports or by reason of the authority of the Board of Review 
under subsection 6007(f).
    (c) Police Power.--The Commonwealth of Virginia shall have 
concurrent police power authority over the Metropolitan 
Washington Airports, and the courts of the Commonwealth of 
Virginia may exercise jurisdiction over Washington National 
Airport.
    (d) Planning.--
          (1) In general.--The authority of the National 
        Capital Planning Commission under section 5 of the Act 
        of June 6, 1924 (40 U.S.C. 71d) shall not apply to the 
        Airports Authority.
          (2) Consultation.--The Airports Authority shall 
        consult--
                  (A) with the National Capital Planning 
                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) with the National Capital Planning 
                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.--
          (1) High density rule.--The Administrator 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 such takeoffs and landings 
        except for reasons of safety.
          (2) Annual passenger limitations.--The Federal 
        Aviation Administration air traffic regulation entitled 
        ``Modification of Allocation: Washington National 
        Airport'' (14 C.F.R. 93.124) shall cease to be in 
        effect on the date of the enactment of this title.

SEC. 6010. AUTHORITY TO NEGOTIATE EXTENSION OF LEASE.

    The Secretary and the Airports Authority may at any time 
negotiate an extension of the lease entered into under section 
6005(a).

SEC. 6011. SEPARABILITY.

    Except as provided in section 6007(h), if any provision of 
this title or the application thereof to any person or 
circumstance, is held invalid, the remainder of this title and 
the application of such provision to other persons or 
circumstances shall not be affected thereby.

SEC. 6012. 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.]

                        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.

 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.

 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.

 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).

 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 develop 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.

 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.

 49106. Metropolitan Washington Airports Authority

    (a) Status.--The Metropolitan Washington Airports Authority 
shall be--
          (1) a public body corporate and politic 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 and 
                concurred in 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 in its 
        discretion 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 shall 
be governed by 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 is unable to 
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.

 49107. Board of Review

    (a) Composition.--(1) The board of directors of the 
Metropolitan Washington Airports Authority shall be subject to 
review of its actions and to requests, in accordance with this 
section, by a Board of Review of the Airports Authority. The 
Board of Review shall be established by the board of directors 
to represent the interests of users of the Metropolitan 
Washington Airports and shall be 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) Members appointed under subsection (a)(1)(A) or (B) of 
this section shall be appointed for terms of 6 years. Members 
appointed under subsection (a)(1)(C) of this section shall be 
appointed for terms of 2 years. A member may serve after the 
expiration of that member's term until a successor has taken 
office.
    (3) A member of the Board of Review shall be subject to 
removal only for cause by a two-thirds vote of the board of 
directors.
    (c) Vacancies.--(1) A vacancy on the Board of Review shall 
be filled in the manner in which the original appointment was 
made. A member appointed to fill a vacancy occurring before the 
expiration of the term for which the member's predecessor was 
appointed shall be appointed only for the remainder of that 
term.
    (2) At any time that the Board of Review has more than 4 
vacancies and lists have been provided for appointments to fill 
the vacancies, the Airports Authority shall have no authority 
to perform any of the actions that are 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 no 
member of a Board of Review shall be admitted to any share or 
part of, or to any benefit to arise from, the contract or 
agreement.
    (e) Liability.--A member of the Board of Review shall not 
be liable in connection with any claim, action, suit, 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. Any 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) Any 
of the following actions of the Airports Authority shall be 
submitted to the Board of Review at least 30 days (or at least 
60 days for the annual budget) before the action is to 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 in 
        connection with 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 at any time in the review period the Board 
of Review decides that it will not make a recommendation on an 
action, the action may take effect.
    (3) An action with respect to which the Board of Review has 
made a recommendation may take effect only if the board of 
directors--
          (A) adopts the recommendation; or
          (B) has evaluated the recommendation and responded, 
        in writing, to the Board of Review and transmits the 
        action, evaluation, and response to Congress in 
        accordance with 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 only a joint resolution related to an 
        action of the board of directors transmitted 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 with respect to a board of director's 
action 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 in the case of 
        final passage 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.

 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.

 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.

 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 solely by reason of the 
retention by the United States Government of 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.

 49111. Separability

    Except as provided in section 49106(f) of this title, if 
any 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.

                                 * * *

                        PART [D]E--MISCELLANEOUS

               CHAPTER [491]501--BUY-AMERICAN PREFERENCES

Sec.
[49101]50101.  Buying goods produced in the United States.
[49102]50102.  Restricting contract awards because of discrimination 
          against United States goods or services.
[49103]50103.  Contract preference for domestic firms.
[49104]50104.  Restriction on airport projects using products or 
          services of foreign countries denying fair market 
          opportunities.
[49105]50105.  Fraudulent use of ``Made in America'' label.

Sec. [49101]50101. Buying goods produced in the United States

    (a) Preference.--The Secretary of Transportation may 
obligate an amount that may be appropriated to carry out 
section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 
471 (except [sections 47106(d) and] section 47127), or chapter 
481 (except sections 48102(e), 48106, 48107, and 48110) of this 
title for a project only if steel and manufactured goods used 
in the project are produced in the United States.
    (b) Waiver.--The Secretary may waive subsection (a) of this 
section if the Secretary finds that--

                                 * * *

          (3) when procuring a facility or equipment under 
        section 44502(a)(2) or 44509, subchapter I of chapter 
        471 (except [sections 47106(d) and] section 47127), or 
        chapter 481 (except sections 48102(e), 48106, 48107, 
        and 48110) of this title--

                                 * * *

Sec. [49102]50102. Restricting contract awards because of 
                    discrimination against United States goods or 
                    services

    A person or enterprise domiciled or operating under the 
laws of a foreign country may not make a contract or 
subcontract under section 106(k), 44502(a)(2), or 44509, 
subchapter I of chapter 471 (except [sections 47106(d) and] 
section 47127), or chapter 481 (except sections 48102(e), 
48106, 48107, and 48110) of this title or subtitle B of title 
IX of the Omnibus Budget Reconciliation Act of 1990 (Public Law 
101-508, 104 Stat. 1388-353) if the government of that country 
unfairly maintains, in government procurement, a significant 
and persistent pattern of discrimination against United States 
goods or services that results in identifiable harm to United 
States businesses, that the President identifies under section 
305(g)(1)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 
2515(g)(1)(A)).

Sec. [49103]50103. Contract preference for domestic firms

                                 * * *

Sec. [49104]50104. Restriction on airport projects using products or 
                    services of foreign countries denying fair market 
                    opportunities

                                 * * *

    (b) Limitation on Use of Available Amounts.--(1) An amount 
made available under subchapter I of chapter 471 of this title 
(except [sections 47106(d) and] section 47127) may not be used 
for a project that uses a product or service of a foreign 
country during any period the country is on the list maintained 
by the United States Trade Representative under subsection 
(d)(1) of this section.

                                 * * *

Sec. [49105]50105. Fraudulent use of ``Made in America'' label

    If the Secretary of Transportation decides that a person 
intentionally affixed a ``Made in America'' label to goods sold 
in or shipped to the United States that are not made in the 
United States, the Secretary shall declare the person 
ineligible, for not less than 3 nor more than 5 years, to 
receive a contract or grant from the United States Government 
related to a contract made under section 106(k), 44502(a)(2), 
or 44509, subchapter I of chapter 471 (except [sections 
47106(d) and] section 47127), or chapter 481 (except sections 
48102(e), 48106, 48107, and 48110) of this title or subtitle B 
of title IX of the Omnibus Budget Reconciliation Act of 1990 
(Public Law 101-508, 104 Stat. 1388-353). The Secretary may 
bring a civil action to enforce this section in any district 
court of the United States.

                                 * * *

Sec. 60101. Definitions

    (a) General.--In this chapter--

                                 * * *

Sec. 60114. One-call notification systems

    (a) Minimum Requirements.--The Secretary of Transportation 
shall prescribe regulations providing minimum requirements for 
establishing and operating a one-call notification system for a 
State to adopt that will notify an operator of a pipeline 
facility of activity in the vicinity of the facility that could 
threaten the safety of the facility. The regulations shall 
include the following:

                                 * * *

          (9) a requirement for sanctions substantially the 
        same as provided under sections [60120, 60122, and 
        60123] 60120 and 60122 of this title.

                                 * * *

Sec. 70102. Definitions

    In this chapter--

                                 * * *

          (6) ``launch site'' means the location on Earth from 
        which a launch takes place (as defined in a license the 
        Secretary issues or transfers under this chapter) and 
        necessary facilities at that location.

                                 * * *

Sec. 70112. Liability insurance and financial responsibility 
                    requirements

    (a) General Requirements.--(1) When a license is issued or 
transferred under this chapter, the licensee or transferee 
shall obtain liability insurance or demonstrate financial 
responsibility in amounts to compensate for the maximum 
probable loss from claims by--

                                 * * *

    (3) For the total claims related to one launch, a licensee 
or transferee is not required to obtain insurance or 
demonstrate financial responsibility of more than--

                                 * * *

          (B) the maximum liability insurance available on the 
        world market at reasonable cost if the amount is less 
        than the applicable amount in clause (A)(i) or (ii) of 
        this paragraph.

                                 * * *

    (d) Annual Report.--(1) Not later than November 15 of each 
year, the Secretary of Transportation shall submit to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science[, Space, and Technology] of 
the House of Representatives a report on current determinations 
made under subsection (c) of this section related to all issued 
licenses and the reasons for the determinations.

                                 * * *

Sec. 70113. Paying claims exceeding liability insurance and financial 
                    responsibility requirements

                                 * * *

    (e) Congressional Resolutions.--(1) In this subsection, 
``resolution''--

                                 * * *

    (6) The following shall be decided in the Senate without 
debate:

                                 * * *

          (D) 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.

                                 * * *

Sec. 70117. Relationship to other executive agencies, laws, and 
                    international obligations

                                 * * *

    (b) Federal Communications Commission and Secretary of 
Commerce.--This chapter does not affect the authority of--

                                 * * *

          (2) the Secretary of Commerce under the [Land Remote-
        Sensing Commercialization Act of 1984 (15 U.S.C. 4201 
        et seq.)] Land Remote Sensing Policy Act of 1992 (15 
        U.S.C. 5601 et seq.).