H. R. 4778

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To codify without substantive change recent laws related to transportation and

to improve the United States Code.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. TITLE 11, UNITED STATES CODE.

Section 365 of title 11, United States Code, is amended as follows:

(1) In subsection (d)(6)(C), strike ‘‘section 101 of the Federal

Aviation Act of 1958 (49 App. U.S.C. 1301)’’ and substitute

‘‘section 40102(a) of title 49’’.

(2) In subsection (p), strike ‘‘section 101(3) of the Federal

Aviation Act of 1958’’ and substitute ‘‘section 40102(a) of title

49’’.

SEC. 2. TITLE 18, UNITED STATES CODE.

Title 18, United States Code, is amended as follows:

(1) In section 2333(b), strike ‘‘section 902(i), (k), (l), (n), or

(r) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472(i),

(k), (l), (n), or (r))’’ and substitute ‘‘section 46314, 46502, 46505,

or 46506 of title 49’’.

(2) In section 2340(3), strike ‘‘section 101(38) of the Federal

Aviation Act of 1958 (49 U.S.C. App. 1301(38))’’ and substitute

‘‘section 46501(2) of title 49’’.

SEC. 3. TITLE 23, UNITED STATES CODE.

Title 23, United States Code, is amended as follows:

(1) In section 103(i)(3), strike ‘‘the Federal Transit Act’’ and

substitute ‘‘chapter 53 of title 49’’.

(2) In section 108(d)(2)(F), strike ‘‘section 4(f) of the Department of Transportation Act’’ and substitute ‘‘section 303 of

title 49’’.

(3) In section 127(d)(2)(A), strike ‘‘sections 411, 412, and

416 of the Surface Transportation Assistance Act of 1982 (49

U.S.C. App. 2311, 2312, and 2316)’’ and substitute ‘‘sections

31111–31114 of title 49’’.

(4) In section 133(b)(2), strike ‘‘the Federal Transit Act’’ and

substitute ‘‘chapter 53 of title 49’’.

(5) Section 134 is amended as follows:

(A) In subsections (h)(5) and (i)(3) and (4), strike ‘‘the

Federal Transit Act’’ and substitute ‘‘chapter 53 of title

49’’.

(B) In subsection (i)(5), strike ‘‘section 9 of the Federal

Transit Act’’ wherever it appears and ‘‘section 8(o) of the
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Federal Transit Act’’ and substitute ‘‘section 5336 of title

49’’ and ‘‘section 5306(a) of title 49’’, respectively. (C) In subsections (k)–(m), strike ‘‘the Federal Transit

Act’’ wherever it appears and substitute ‘‘chapter 53 of

title 49’’.

(D) In subsection (k), strike ‘‘Federal Transit Act funds’’

and substitute ‘‘chapter 53 funds’’. (6) Section 135 is amended as follows:

(A) In subsection (f)(2), strike ‘‘the Federal Transit Act’’

and substitute ‘‘chapter 53 of title 49’’. (B) In subsection (h), strike ‘‘section 8 of the Federal

Transit Act, United States Code’’ and ‘‘section 8 of such

Act’’ and substitute ‘‘sections 5303–5306 and 5323(k) of

title 49’’ and ‘‘sections 5303–5306 and 5323(k)’’, respectively. (7) In section 141(b), strike ‘‘section 411(j) of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311(j))’’

and substitute ‘‘section 31112 of title 49’’.

(8) In section 303(c), strike ‘‘the Federal Transit Act’’ and

substitute ‘‘chapter 53 of title 49’’.

(9) In section 303(d), strike ‘‘the Federal Transit Act’’ and

‘‘such Act’’ and substitute ‘‘chapter 53 of title 49’’ and ‘‘chapter

53’’, respectively.

(10) In section 307(e)(13), strike ‘‘section 26(a)(1) of the Federal Transit Act’’ and substitute ‘‘section 5313(a) of title 49’’.

SEC. 4. TITLE 26, UNITED STATES CODE.

Section 9503(e)(3)(A) of the Internal Revenue Code of 1986 (26

U.S.C. 9503(e)(3)(A)) is amended by striking ‘‘paragraph (1) or (3)

of subsection (a), or paragraph (1) or (3) of subsection (b), of section

21 of the Federal Transit Act’’ and substituting ‘‘section 5338(a)(1)

or (b)(1) of title 49’’.

SEC. 5. TITLE 39, UNITED STATES CODE.

Section 5402(g)(1)(A) of title 39, United States Code, is amended

by striking ‘‘section 401 of the Federal Aviation Act of 1958 (49

U.S.C. 1371)’’ and substituting ‘‘section 41102(a) of title 49’’.

SEC. 6. TITLE 49, UNITED STATES CODE.

Title 49, United States Code, is amended as follows:

(1) In section 112(e), strike ‘‘the date of the enactment of

this section’’ and substitute ‘‘October 24, 1992’’.

(2) In section 321, strike ‘‘, respectively’’.

(3) Section 5103(b)(2) is amended as follows:

(A) Strike ‘‘include’’ and substitute ‘‘be conducted under

section 553 of title 5, including’’. (B) Strike ‘‘presentations’’ and substitute ‘‘presentation’’.

(4) In section 5104(a)(1), insert ‘‘applicable’’ after ‘‘each’’.

(5) In section 5115(b)(1)(C), strike ‘‘126’’ and substitute

‘‘126(g)’’. (6) In section 5125(a) and (b)(1), insert ‘‘and unless authorized

by another law of the United States’’ after ‘‘section’’. (7) Section 5307(d) is amended as follows:

(A) In clause (1)(D), strike ‘‘chapter’’ and substitute

‘‘section’’.

(B) In clause (1)(E)(iii), strike ‘‘Buy-American’’ and substitute ‘‘Buy America’’.

(8) In section 5318(e), insert ‘‘Uniform’’ before ‘‘Relocation’’.
H. R. 4778—3

(9) In section 5320(g)(2), strike ‘‘paragraph (1)(C) of this

section’’ and substitute ‘‘paragraph (1)(C) of this subsection’’.

(10) Section 5323 is amended as follows:

(A) in the catchline for subsection (j), strike ‘‘AMERICAN’’

and substitute ‘‘AMERICA’’.

(B) Add at the end of the section the following:

‘‘(l) PREAWARD AND POSTDELIVERY REVIEW OF ROLLING STOCK

PURCHASES.—The Secretary of Transportation shall prescribe regulations requiring a preaward and postdelivery review of a grant

under this chapter to buy rolling stock to ensure compliance with

Government motor vehicle safety requirements, subsection (j) of

this section, and bid specifications requirements of grant recipients

under this chapter. Under this subsection, independent inspections

and review are required, and a manufacturer certification is not

sufficient.’’.

(11) In section 5326(a)(3), strike ‘‘regulations’’ and substitute

‘‘guidelines’’.

(12) In section 5327(c)(1), strike ‘‘of that Act’’ and substitute

‘‘or that Act’’.

(13) In section 5331(a)(3), strike ‘‘subchapter III of chapter

201 or section 31306’’ and substitute ‘‘section 20140 or 31306’’.

(14) In section 5337(a)(4), strike ‘‘section 5336(B)(2)(A)’’ and

substitute ‘‘section 5336(b)(2)(A) of this title’’.

(15) In the catchline of section 5565, insert ‘‘certain’’ after

‘‘converting’’.

(16) In section 11301(b)(1), strike ‘‘subchapter I of chapter

2A, chapter 2B, and subchapter I of chapter 2D of title 15’’

and substitute ‘‘the Securities Act of 1933 (15 U.S.C. 77a et

seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et

seq.), and the Investment Company Act of 1940 (15 U.S.C.

80a–1 et seq.)’’.

(17) In section 11348(a), strike ‘‘(l)(1)’’ and substitute ‘‘(m)(1)’’.

(18) In section 11706(d), strike ‘‘that limitation periods’’ and

substitute ‘‘those limitation periods’’.

(19) In section 20136(2), strike ‘‘subsection’’ and substitute

‘‘section’’.

(20) In section 22108(a)(3), insert ‘‘under this subsection’’

after ‘‘appropriated’’.

(21) Section 24501 is amended as follows:

(A) In subsection (f), strike ‘‘(f) EXEMPTION FROM ADDITIONAL TAXES.—(1)’’ through the end of paragraph (1) and

substitute the following:

‘‘(f) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this subsection—

‘‘(A) ‘additional tax’ means a tax or fee—

‘‘(i) on the acquisition, improvement, ownership, or operation of personal property by Amtrak Commuter; and

‘‘(ii) on real property, except a tax or fee on the acquisition of real property or on the value of real property not

attributable to improvements made, or the operation of

those improvements, by Amtrak Commuter.

‘‘(B) ‘Amtrak Commuter’ includes a rail carrier subsidiary

of Amtrak Commuter and a lessor or lessee of Amtrak Commuter or one of its rail carrier subsidiaries.’’.

(B) In subsection (f)(2), insert ‘‘, even if that use is

indirect’’ after ‘‘transportation’’.
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(22) In section 24904(a)(2), insert ‘‘, by condemnation or otherwise,’’ after ‘‘acquire’’.

(23) Sections 30141(c)(4)(A) and 30165(a) are amended as

follows:

(A) Strike ‘‘section 30112’’ and substitute ‘‘any of sections

30112’’.

(B) Insert ‘‘any of’’ before ‘‘those sections’’ each place

it appears.

(24) In section 30166(h), strike ‘‘the judicial’’ and substitute

‘‘any judicial’’.

(25) In section 30308(b), strike ‘‘appropriated’’ and substitute

‘‘authorized’’.

(26) In section 31501(1), strike ‘‘section 203(f)’’ and substitute

‘‘section 3(f)’’.

(27) In section 32101, the matter before clause (1) is

amended to read as follows:

‘‘In this part (except chapter 329 and except as provided in

section 33101)—’’.

(28) Item 32309 in the analysis of chapter 323 is amended

to read as follows:

‘‘32309. Civil penalty for labeling violations.’’.

(29) Section 32304(a)(11) is amended to read as follows:

‘‘(11) ‘passenger motor vehicle’ has the same meaning given

that term in section 32101(10) of this title, except that it

includes any multi-purpose vehicle or light duty truck when

that vehicle or truck is rated at not more than 8,500 pounds

gross vehicle weight.’’.

(30) Section 32304(a)(14) is amended as follows:

(A) Insert ‘‘the Northern Mariana Islands,’’ after ‘‘Puerto

Rico,’’.

(B) Strike ‘‘the Canal Zone,’’.

(31) In the catchline of section 32309, strike ‘‘Criminal’’

and substitute ‘‘Civil’’.

(32) In section 32505(b)(3), strike ‘‘the judicial’’ and ‘‘was

conducted’’ and substitute ‘‘any judicial’’ and ‘‘is conducted’’,

respectively.

(33) In section 32703(3), strike ‘‘public’’.

(34) Section 32705(c)(2)(A) is amended to read as follows:

‘‘(A) the lessee’s mileage disclosure requirements under paragraph (1) of this subsection; and’’.

(35) In section 32706(e)(3), strike ‘‘the judicial’’ and ‘‘was

conducted’’ and substitute ‘‘any judicial’’ and ‘‘is conducted’’,

respectively.

(36) Section 32904(b) is amended as follows:

(A) Redesignate paragraphs (3)–(6) as paragraphs (5)–

(8), respectively.

(B) Strike ‘‘(b) SEPARATE CALCULATIONS FOR PASSENGER

AUTOMOBILES MANUFACTURED DOMESTICALLY AND NOT

DOMESTICALLY.—(1)’’ through the end of paragraph (2) and

substitute the following:

‘‘(b) SEPARATE CALCULATIONS FOR PASSENGER AUTOMOBILES

MANUFACTURED DOMESTICALLY AND NOT DOMESTICALLY.—(1)(A)

Except as provided in paragraphs (6) and (7) of this subsection,

the Administrator shall make separate calculations under subsection (a)(1)(B) of this section for—
H. R. 4778—5

‘‘(i) passenger automobiles manufactured domestically by a

manufacturer (or included in this category under paragraph

(5) of this subsection); and

‘‘(ii) passenger automobiles not manufactured domestically

by that manufacturer (or excluded from this category under

paragraph (5) of this subsection).

‘‘(B) Passenger automobiles described in subparagraph (A) (i)

and (ii) of this paragraph are deemed to be manufactured by separate manufacturers under this chapter.

‘‘(2) In this subsection (except as provided in paragraph (3)),

a passenger automobile is deemed to be manufactured domestically

in a model year if at least 75 percent of the cost to the manufacturer

is attributable to value added in the United States or Canada,

unless the assembly of the automobile is completed in Canada

and the automobile is imported into the United States more than

30 days after the end of the model year.

‘‘(3)(A) In this subsection, a passenger automobile is deemed

to be manufactured domestically in a model year, as provided

in subparagraph (B) of this paragraph, if at least 75 percent of

the cost to the manufacturer is attributable to value added in

the United States, Canada, or Mexico, unless the assembly of the

automobile is completed in Canada or Mexico and the automobile

is imported into the United States more than 30 days after the

end of the model year.

‘‘(B) Subparagraph (A) of this paragraph applies to automobiles

manufactured by a manufacturer and sold in the United States,

regardless of the place of assembly, as follows:

‘‘(i) A manufacturer that began assembling automobiles in

Mexico before model year 1992 may elect, during the period

from January 1, 1997, through January 1, 2004, to have

subparagraph (A) of this paragraph apply to all automobiles

manufactured by that manufacturer beginning with the model

year that begins after the date of the election.

‘‘(ii) For a manufacturer that began assembling automobiles

in Mexico after model year 1991, subparagraph (A) of this

paragraph applies to all automobiles manufactured by that

manufacturer beginning with the model year that begins after

January 1, 1994, or the model year beginning after the date

the manufacturer begins assembling automobiles in Mexico,

whichever is later.

‘‘(iii) A manufacturer not described in clause (i) or (ii) of

this subparagraph that assembles automobiles in the United

States or Canada, but not in Mexico, may elect, during the

period from January 1, 1997, through January 1, 2004, to

have subparagraph (A) of this paragraph apply to all automobiles manufactured by that manufacturer beginning with

the model year that begins after the date of the election. However, if the manufacturer begins assembling automobiles in

Mexico before making an election under this subparagraph,

this clause does not apply, and the manufacturer is subject

to clause (ii) of this subparagraph.

‘‘(iv) For a manufacturer that does not assemble automobiles

in the United States, Canada, or Mexico, subparagraph (A)

of this paragraph applies to all automobiles manufactured by

that manufacturer beginning with the model year that begins

after January 1, 1994.
H. R. 4778—6

‘‘(v) For a manufacturer described in clause (i) or (iii) of

this subparagraph that does not make an election within the

specified period, subparagraph (A) of this paragraph applies

to all automobiles manufactured by that manufacturer beginning with the model year that begins after January 1, 2004.

‘‘(C) The Secretary of Transportation shall prescribe reasonable

procedures for elections under subparagraph (B) of this paragraph.

‘‘(4) In this subsection, the fuel economy of a passenger automobile

that is not manufactured domestically is deemed to be equal to

the average fuel economy of all passenger automobiles manufactured by the same manufacturer that are not manufactured

domestically.’’.

(C) In paragraph (5)(B), as redesignated by subparagraph

(A) of this paragraph, strike ‘‘paragraph (2)(A)(i) and

exclude under paragraph (2)(A)(ii)’’ and substitute ‘‘paragraph (1)(A)(i) and exclude under paragraph (1)(A)(ii)’’.

(D) In paragraph (6)(A), as redesignated by subparagraph

(A) of this paragraph, strike ‘‘paragraph (2)(A)’’ and substitute ‘‘paragraph (1)(A)’’.

(37) In section 32908(b)(1), insert ‘‘on the automobile’’ after

‘‘maintain the label’’.

(38) In section 32909(a)(1), strike ‘‘section 32901–32904’’ and

substitute ‘‘any of sections 32901–32904’’.

(39) In section 32910(b), strike ‘‘the judicial’’ and ‘‘was conducted’’ and substitute ‘‘any judicial’’ and ‘‘is conducted’’, respectively.

(40) In section 32911(a), strike ‘‘, and 32917(b)’’ and substitute

‘‘, 32917(b), and 32918’’.

(41) Section 32913(b)(1) is amended as follows:

(A) In the catchline, strike ‘‘PENALTY REDUCTION’’ and

substitute ‘‘CERTIFICATION’’.

(B) Strike ‘‘the penalty should be reduced’’ and substitute

‘‘a reduction in the penalty is necessary’’. (42) Section 32916(b) is amended as follows:

(A) In paragraph (1), in the matter before clause (A), strike ‘‘section 32904(b)(4)’’ each place it appears and substitute ‘‘section 32904(b)(6)’’.

(B) In paragraph (1)(E), strike ‘‘section 32904(b)(1)(A)’’ and substitute ‘‘section 32904(b)(2)’’.

(C) In paragraph (2), strike ‘‘section 32904(b)(4)’’ and substitute ‘‘section 32904(b)(6)’’.

(43)(A) Section 32918 is redesignated as section 32919.

(B) Insert after section 32917 the following:

‘‘§ 32918. Retrofit devices

‘‘(a) DEFINITION.—In this section, the term ‘retrofit device’ means

any component, equipment, or other device—

‘‘(1) that is designed to be installed in or on an automobile

(as an addition to, as a replacement for, or through alteration

or modification of, any original component, equipment, or other

device); and

‘‘(2) that any manufacturer, dealer, or distributor of the device

represents will provide higher fuel economy than would have

resulted with the automobile as originally equipped,

‘‘as determined under regulations of the Administrator of the

Environmental Protection Agency. The term also includes a fuel

additive for use in an automobile.
H. R. 4778—7

‘‘(b) EXAMINATION OF FUEL ECONOMY REPRESENTATIONS.—The

Federal Trade Commission shall establish a program for systematically examining fuel economy representations made with respect

to retrofit devices. Whenever the Commission has reason to believe

that any representation may be inaccurate, the Commission shall

request the Administrator to evaluate, in accordance with subsection (c) of this section, the retrofit device with respect to which

the representation was made.

‘‘(c) EVALUATION OF RETROFIT DEVICES.—(1) On application of

any manufacturer of a retrofit device (or prototype of a retrofit

device), on request of the Commission under subsection (b) of this

section, or on the motion of the Administrator, the Administrator

shall evaluate, in accordance with regulations prescribed under

subsection (e) of this section, any retrofit device to determine

whether the retrofit device increases fuel economy and to determine

whether the representations, if any, made with respect to the retrofit device are accurate.

‘‘(2) If under paragraph (1) of this subsection, the Administrator

tests, or causes to be tested, any retrofit device on the application

of a manufacturer of the device, the manufacturer shall supply,

at the manufacturer’s expense, one or more samples of the device

to the Administrator and shall be liable for the costs of testing

incurred by the Administrator. The procedures for testing retrofit

devices so supplied may include a requirement for preliminary

testing by a qualified independent testing laboratory, at the expense

of the manufacturer of the device.

‘‘(d) RESULTS OF TESTS AND PUBLICATION IN FEDERAL REGISTER.—

(1) The Administrator shall publish in the Federal Register a summary of the results of all tests conducted under this section, together

with the Administrator’s conclusions as to—

‘‘(A) the effect of any retrofit device on fuel economy;

‘‘(B) the effect of the device on emissions of air pollutants;

and

‘‘(C) any other information the Administrator determines to

be relevant in evaluating the device. ‘‘(2) The summary and conclusions shall also be submitted to

the Secretary of Transportation and the Commission. ‘‘(e) REGULATIONS ESTABLISHING TESTS AND PROCEDURES FOR

EVALUATION OF RETROFIT DEVICES.—The Administrator shall prescribe regulations establishing— ‘‘(1) testing and other procedures for evaluating the extent

to which retrofit devices affect fuel economy and emissions

of air pollutants; and

‘‘(2) criteria for evaluating the accuracy of fuel economy representations made with respect to retrofit devices.’’.

(C) In the analysis of chapter 329, strike item 32918 and

substitute—

‘‘32918. Retrofit devices.

‘‘32919. Preemption.’’.

(44) Section 33101(2) is amended as follows:

(A) Strike ‘‘sections 33102(c)(1) and’’ and substitute ‘‘section’’.

(B) Add at the end ‘‘of this title’’.

(45) In section 33106(b)(3), strike ‘‘subparagraph (2)(B) or

(C) of this paragraph’’ and substitute ‘‘paragraph (2)(B) or (C)

of this subsection’’.
H. R. 4778—8

(46) In section 40102(a)(30), strike ‘‘subparts I and III’’ and

substitute ‘‘this subpart and subpart III’’.

(47) Section 40104 is amended as follows:

(A) Insert at the beginning of the text of the section

the following:

‘‘(a) DEVELOPING CIVIL AERONAUTICS AND AIR COMMERCE.—’’.

(B) Strike ‘‘section’’ and substitute ‘‘subsection’’.

(C) Add at the end the following:

‘‘(b) DEVELOPING AND CONSTRUCTING CIVIL SUPERSONIC AIRCRAFT.—The Secretary of Transportation may develop and construct

a civil supersonic aircraft.’’.

(48) Section 40110(a) is amended as follows:

(A) In the matter before clause (1), strike ‘‘may’’.

(B) In clause (1)—

(i) strike ‘‘acquire,’’; and

(ii) strike ‘‘services or’’ and substitute ‘‘may acquire

services or, by condemnation or otherwise,’’.

(C) In clause (2), insert ‘‘may’’ before ‘‘dispose’’.

(D) In clause (3), insert ‘‘may’’ before ‘‘construct’’.

(49) In section 41103(a), strike ‘‘all-property’’ and substitute

‘‘all-cargo’’.

(50) Section 41110(e) is amended to read as follows:

‘‘(e) CONTINUING REQUIREMENTS.—(1) To hold a certificate issued

under section 41102 of this title, an air carrier must continue

to be fit, willing, and able to provide the transportation authorized

by the certificate and to comply with this part and regulations

of the Secretary. ‘‘(2) After notice and an opportunity for a hearing, the Secretary

shall amend, modify, suspend, or revoke any part of a certificate

issued under section 41102 of this title if the Secretary finds that

the air carrier—

‘‘(A) is not fit, willing, and able to provide the transportation

authorized by the certificate and to comply with this part

and regulations of the Secretary; or ‘‘(B) does not file reports necessary for the Secretary to decide

if the carrier is complying with the requirements of clause

(A) of this paragraph.’’. (51)(A) Chapter 413 is amended by adding immediately after

section 41311 the following:

‘‘§ 41312. Ending or suspending foreign air transportation

‘‘(a) GENERAL.—An air carrier holding a certificate issued under

section 41102 of this title to provide foreign air transportation— ‘‘(1) may end or suspend the transportation to a place under

the certificate only when the carrier gives at least 90 days

notice of its intention to end or suspend the transportation

to the Secretary, any community affected by that decision,

and the State authority of the State in which a community

is located; and

‘‘(2) if it is the only air carrier holding a certificate to provide

non-stop or single-plane foreign air transportation between 2

places, may end or suspend the transportation between those

places only when the carrier gives at least 60 days notice

of its intention to end or suspend the transportation to the

Secretary and each community directly affected by that decision.
H. R. 4778—9

‘‘(b) TEMPORARY SUSPENSION.—The Secretary may authorize the

temporary suspension of foreign air transportation under subsection

(a) of this section when the Secretary finds the suspension is in

the public interest.’’.

(B) The analysis of chapter 413 is amended by adding immediately after item 41311 the following:

‘‘41312. Ending or suspending foreign air transportation.’’.

(52) The chapter heading for chapter 417 is amended to

read as follows:

‘‘CHAPTER 417—OPERATIONS OF CARRIERS’’.

(53) In section 41715(d)(1), strike ‘‘41731(a)(3)’’ and substitute

‘‘41731(a)(4)’’.

(54) In section 44502(b), insert ‘‘Government’’ before ‘‘money

may be expended’’.

(55) In section 44701(d) and (e), strike ‘‘section 44702–44716’’

and substitute ‘‘any of sections 44702–44716’’.

(56) In sections 44711(a)(2)(B), (5), and (7) and 46310(b),

insert ‘‘any of sections’’ before ‘‘44702–44716’’.

(57) In section 44937, strike ‘‘44906(a)(1) or (b)’’ and substitute ‘‘44906’’.

(58) In section 45105(a), strike ‘‘section 45102(a)(1)(A)’’ and

substitute ‘‘section 45102(a)(1)’’.

(59) Section 45302 is amended by adding at the end the

following:

‘‘(e) EFFECTIVE DATE.—A fee may not be imposed under this

section before the date on which the regulations prescribed under

sections 44111(d), 44703(f)(2), and 44713(d)(2) of this title take

effect.’’.

(60) In section 46301—

(A) in subsection (a)(1)(A), strike ‘‘section 41301–41306’’

and ‘‘section 44701(a)’’ and substitute ‘‘any of sections

41301–41306’’ and ‘‘any of sections 44701(a)’’, respectively;

(B) in subsections (a)(2)(A), (d)(2), and (f)(1)(A)(i), strike

‘‘section 44701(a)’’ and substitute ‘‘any of sections 44701(a)’’;

and

(C) in subsection (c)(1)(A), strike ‘‘section 41301–41306’’

and substitute ‘‘any of sections 41301–41306’’.

(61) In section 46502(a)(2)(B) and (b)(1)(B), insert ‘‘notwithstanding section 3559(b) of title 18,’’ before ‘‘if the death’’.

(62) In section 47101(a)(12), strike ‘‘Act’’ and substitute ‘‘subchapter’’.

(63) Section 47104(c) is amended to read as follows:

‘‘(c) EXPIRATION OF AUTHORITY.—After September 30, 1996, the

Secretary may not incur obligations under subsection (b) of this

section, except for obligations of amounts—

‘‘(1) remaining available after that date under section

47117(b) of this title; or

‘‘(2) recovered by the United States Government from grants

made under this chapter if the amounts are obligated only

for increases under section 47108(b)(2) and (3) of this title

in the maximum amount of obligations of the Government

for any other grant made under this title.’’.

(64) Section 47110(b)(2) is amended to read as follows:
H. R. 4778—10

‘‘(2)(A) if the cost is incurred after the grant agreement

is executed and is for airport development or airport planning

carried out after the grant agreement is executed;

‘‘(B) if the cost is incurred after June 1, 1989, by the airport

operator (regardless of when the grant agreement is executed)

as part of a Government-approved noise compatability program

(including project formulation costs) and is consistent with all

applicable statutory and administrative requirements; or

‘‘(C) if the Government’s share is paid only with amounts

apportioned under section 47114(c)(1)(A) and (2) of this title

and if the cost is incurred—

‘‘(i) during the fiscal year ending September 30, 1994;

‘‘(ii) before a grant agreement is executed for the project

but according to an airport layout plan the Secretary

approves before the cost is incurred and all applicable

statutory and administrative requirements that would

apply to the project if the agreement had been executed;

and

‘‘(iii) for work related to a project for which a grant

agreement previously was executed during the fiscal year

ending September 30, 1994;’’.

(65) In section 47113(a)(2), strike ‘‘section 8(c) of the Act

(15 U.S.C. 637(c))’’ and ‘‘under section 8(c)’’ and substitute

‘‘section 8(d) of the Act (15 U.S.C. 637(d))’’ and ‘‘under section

8(d)’’, respectively.

(66) Section 47114(c) is amended as follows:

(A) in paragraph (1)(B), strike ‘‘$400,000’’ and substitute

‘‘$500,000’’.

(B) In paragraph (3)— (i) insert ‘‘(A)’’ after ‘‘(3)’’;

(ii) strike ‘‘The’’ and substitute ‘‘Except as provided

in subparagraph (B) of this paragraph, the’’; (iii) strike ‘‘44’’ each place it appears and substitute

‘‘49.5’’;

(iv) strike ‘‘paragraph’’ and substitute ‘‘subparagraph’’; and (v) insert after subparagraph (A) the following new

subparagraph: ‘‘(B) If a law limits the amount subject to apportionment to

less than $1,900,000,000 for a fiscal year, the total of all amounts

apportioned under paragraphs (1) and (2) of this subsection may

not be more than 44 percent of the amount subject to apportionment

for that fiscal year. If this subparagraph requires reduction of

an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount

apportioned to each sponsor of an airport under paragraphs (1)

and (2) until the 44 percent limit is achieved.’’.

(67) Section 47115 is amended by adding at the end the

following:

‘‘(f) MINIMUM AMOUNT TO BE CREDITED.—(1) In a fiscal year,

at least $325,000,000 of the amount made available under section

48103 of this title shall be credited to the fund. The amount credited

is exclusive of amounts that have been apportioned in a prior

fiscal year under section 47114 of this title and that remain available for obligation.

‘‘(2) In a fiscal year in which the amount credited under subsection

(a) of this section is less than $325,000,000, the total amount
H. R. 4778—11

calculated under paragraph (3) of this subsection shall be reduced

by an amount that, when credited to the fund, together with the

amount credited under subsection (a), equals $325,000,000.

‘‘(3) For a fiscal year, the total amount available to reduce to

carry out paragraph (2) of this subsection is the total of the amounts

determined under sections 47114(c)(1)(A) and (2) and (d) and

47117(e) of this title. Each amount shall be reduced by an equal

percentage to achieve the reduction.’’.

(68) Section 47117(e) is amended as follows:

(A) In paragraph (1)(A), strike ‘‘10’’ and substitute ‘‘5’’.

(B) In paragraph (1)(C), strike ‘‘2.5’’ and substitute ‘‘1.5’’.

(C) In paragraph (1)(D), strike ‘‘.5’’ and substitute ‘‘.75’’.

(D) In paragraph (2), strike ‘‘2.5’’ and substitute ‘‘1.5’’.

(69) Section 47119(b) is amended as follows:

(A) Redesignate clause (3) as clause (4).

(B) Strike clause (2) and substitute the following:

‘‘(2) on approval of the Secretary, not more than $200,000

of the amount that may be distributed for the fiscal year

from the discretionary fund established under section 47115

of this title—

‘‘(A) to a sponsor of a nonprimary commercial service

airport to pay project costs allowable under section 47110(d)

of this title; and

‘‘(B) to a sponsor of a reliever airport for the types of

project costs allowable under section 47110(d), including

project costs allowable for a commercial service airport

that each year does not have more than .05 percent of

the total boardings in the United States; ‘‘(3) for use by a primary airport that each year does not

have more than .05 percent of the total boardings in the United

States, any part of amounts that may be distributed for the

fiscal year from the discretionary fund and small airport fund

to pay project costs allowable under section 47110(d) of this

title; or’’.

(70) In section 47128(c), strike ‘‘subsection (b)(2) or (3)’’ and

substitute ‘‘subsection (b)(1)(B) or (C)’’.

(71) Section 47504(c) is amended as follows:

(A) In paragraph (1)(A), add ‘‘and’’ after the semicolon.

(B) In paragraph (1)(B), strike the semicolon and substitute a period.

(C) Redesignate paragraph (1)(C) and (D) as paragraph (2)(C) and (D).

(D) In paragraph (2)(A)(iii), strike ‘‘and’’.

(E) In paragraph (2)(B)(iii), strike the period and substitute a semicolon.

(F) In paragraph (2)(C) and (D), as redesignated, strike

‘‘an airport operator or unit of local government referred

to in clause (A) or (B) of this paragraph’’ and substitute

‘‘to an airport operator and unit of local government

referred to in paragraph (1)(A) or (1)(B) of this subsection’’.

(72)(A) Chapter 475 is amended by inserting after section

47509 the following:

‘‘§ 47510. Tradeoff allowance

‘‘Notwithstanding another law or a regulation prescribed or order

issued under that law, the tradeoff provisions contained in appendix

C of part 36 of title 14, Code of Federal Regulations, apply in
H. R. 4778—12

deciding whether an aircraft complies with subpart I of part 91

of title 14.’’.

(B) The analysis of chapter 475 is amended by inserting

immediately after item 47509 the following:

‘‘47510. Tradeoff allowance.’’.

(73) Section 47531 is amended as follows:

(A) Strike ‘‘sections 47528’’ and substitute ‘‘section

47528’’.

(B) Insert ‘‘any of’’ before ‘‘those’’.

(C) Insert ‘‘any of sections’’ before ‘‘44702–44716’’.

(74) In section 47532, insert ‘‘any of’’ before ‘‘sections’’.

(75) In section 60109(a)(2), strike ‘‘60102(c)’’ and substitute

‘‘60102(e)’’.

(76) In section 60112(d), add ‘‘, including suspended or

restricted use of the facility, physical inspection, testing, repair,

replacement, or other appropriate action’’ after ‘‘action’’.

(77) Section 60117(i) is amended as follows:

(A) Insert ‘‘(1)’’ before ‘‘After’’.

(B) Add at the end the following:

‘‘(2) In consultation with the Occupational Safety and Health

Administration, the Secretary shall establish procedures to notify

the Administration of any pipeline accident in which an excavator

that has caused damage to a pipeline may have violated a regulation

of the Administration.’’.

(78) The chapter heading for chapter 701 is amended to

read as follows:

‘‘CHAPTER 701—COMMERCIAL SPACE LAUNCH

ACTIVITIES’’.

(79) The chapter heading for chapter 801 is amended to

read as follows:

‘‘CHAPTER 801—BILLS OF LADING’’.

(80) In section 40110(b)(2)(A), insert ‘‘notwithstanding section 1341(a)(1) of title 31,’’ before ‘‘lease’’.

(81) Section 41734(g)(2) is amended to read as follows:

‘‘(2) the authority to be transferred is being used to provide

air service to another eligible place.’’.

SEC. 7. TECHNICAL CHANGES TO OTHER LAWS.

(a) Effective July 5, 1994—

(1) Section 708 of the Railroad Revitalization and Regulatory

Reform Act of 1976 (Public Law 94–210, 90 Stat. 31) is repealed.

(2) Section 232A of the Act of October 12, 1984 (Public Law

98–473, 98 Stat. 2031), is repealed.

(3) Section 4 of the Act of July 5, 1994 (Public Law 103–

272, 108 Stat. 1360), is amended as follows:

(A) In subsection (f)(1)(H), insert ‘‘of the 2d sentence’’

after ‘‘end’’.

(B) Subsection (f)(1)(N) is repealed.

(C) Subsection (j)(5)(B) is amended to read as follows: ‘‘(B) In the analysis of chapter 1, strike the 2 items 110

and item 111 and substitute—

‘‘110. Saint Lawrence Seaway Development Corporation.

‘‘111. Bureau of Transportation Statistics.’’.
H. R. 4778—13

(D) Subsection (k)(3) is amended to read as follows:

‘‘(3) In section 41902(b)—

‘‘(A) strike clause (2);

‘‘(B) redesignate clauses (3) and (4) as clauses (2) and

(3), respectively; and

‘‘(C) in clause (2), as redesignated, strike ‘clauses (1)

and (2)’ and substitute ‘clause (1)’.’’.

(E) Subsection (r)(1) is amended by striking ‘‘the Urban

Mass Transportation Act of 1964,’’ and substituting ‘‘the

Federal Transit Act,’’.

(4) Section 5 of the Act of July 5, 1994 (Public Law 103–

272, 108 Stat. 1374), is amended as follows:

(A) In subsection (e)(11), strike ‘‘ ‘section’ and’’ and substitute ‘‘ ‘section 1679a(c)(2)’ and’’.

(B) In subsection (f)(1), strike ‘‘the Urban Mass Transportation Act of 1964’’ wherever it appears and substitute

‘‘the Federal Transit Act’’.

(C) In subsection (f)(2), strike ‘‘the Urban Mass Transportation Act of 1964,’’ wherever it appears and substitute

‘‘the Federal Transit Act,’’.

(D) In subsection (m)(25)(A), strike ‘‘the Urban Mass

Transportation Act of 1964’’ and substitute ‘‘the Federal

Transit Act’’.

(5) The schedule of laws repealed contained in section 7(b)

of the Act of July 5, 1994 (Public Law 103–272, 108 Stat.

1395), related to the Act of December 22, 1987 (Public Law

100–202), is amended by striking out—

(A) ‘‘, 106’’ in the Section column;

(B) ‘‘, 1329–433’’ in the Statutes at Large Page column;

and

(C) ‘‘, 2311’’ in the U.S. Code Section column.

Except with respect to the provisions of law restated as section

31111 of title 49, United States Code, as enacted by the Act

of July 5, 1994 (Public Law 103–272, 108 Stat. 993), the provisions of law within the purview of section 106 of the Act

of December 22, 1987 (Public Law 100–202, 101 Stat. 1329–

433), shall be effective as if Public Law 103–272 had not been

enacted.

(b) Effective August 23, 1994, section 101 of the Airport Improvement Program Temporary Extension Act of 1994 (Public Law 103–

260, 108 Stat. 698) is repealed.

(c) Effective August 26, 1994, section 119(d)(2) and (3) of the

Hazardous Materials Transportation Authorization Act of 1994

(Public Law 103–311, 108 Stat. 1680) is amended to read as follows:

‘‘(2) Section 5116(i)(1) is amended by striking ‘and section

5107(e) of this title’.

‘‘(3) Section 5116(i)(3) is amended by striking ‘5107(e),

5108(g)(2),’ and substituting ‘5108(g)(2)’.’’.

(d) Section 9001(1)(D) of the Solid Waste Disposal Act (42 U.S.C.

6991(1)(D)) is amended to read as follows:

‘‘(D) pipeline facility (including gathering lines)—

‘‘(i) which is regulated under chapter 601 of title

49, United States Code, or

‘‘(ii) which is an intrastate pipeline facility regulated

under State laws as provided in chapter 601 of title

49, United States Code,
H. R. 4778—14

‘‘and which is determined by the Secretary to be connected

to a pipeline or to be operated or intended to be capable

of operating at pipeline pressure or as an integral part

of a pipeline,’’.

(e) The Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended

as follows:

(1) In section 101(26), strike ‘‘pipeline’’ and substitute ‘‘a

hazardous liquid pipeline facility’’.

(2) In section 107(c)(1)(C), strike ‘‘pipeline’’ and substitute

‘‘hazardous liquid pipeline facility’’.

SEC. 8. REPEAL OF OTHER LAWS.

(1) The last proviso of the 1st paragraph and the words after

the last semicolon in the 2d paragraph under the heading ‘‘Civil

Aeronautics Administration’’ in section 301 of the Act of June

3, 1948 (ch. 400, 62 Stat. 323, 324), are repealed.

(2) The 1st paragraph related to the transfer of aircraft and

equipment and the last proviso of the 2d paragraph under the

heading ‘‘Civil Aeronautics Administration’’ in section 301 of the

Act of July 20, 1949 (ch. 354, 63 Stat. 464), are repealed.

(3) The 1st paragraph related to the transfer of aircraft and

equipment and the last proviso of the 2d paragraph under the

heading ‘‘Civil Aeronautics Administration’’, and the proviso of the

paragraph under the heading ‘‘Civil Aeronautics Board’’, in section

301 of the Act of September 6, 1950 (ch. 896, 64 Stat. 621, 622,

624), are repealed.

(4) The 1st paragraph related to the transfer of aircraft and

equipment and the last proviso of the 2d paragraph under the

heading ‘‘Civil Aeronautics Administration’’, and the proviso of the

paragraph under the heading ‘‘Civil Aeronautics Board’’, in section

301 of the Act of Oct. 22, 1951 (ch. 533, 65 Stat. 587, 588, 589),

are repealed.

(5) The 1st paragraph related to the transfer of aircraft and

equipment and the last proviso of the 2d paragraph under the

heading ‘‘Civil Aeronautics Administration’’ in section 301 of the

Act of July 10, 1952 (ch. 651, 66 Stat. 562), are repealed.

(6) Sections 404(f), 814, 815, and 901 of the Rail Passenger

Service Act (Public Law 91–518, 84 Stat. 1327, 1341) are repealed.

(7) Section 7(c) of the Noise Control Act of 1972 (Public Law

92–574, 86 Stat. 1241) is repealed.

(8) Section 46 of the Airline Deregulation Act of 1978 (Public

Law 95–504, 92 Stat. 1754) is repealed.

(9) Section 316 of the Surface Transportation Assistance Act

of 1978 (Public Law 95–599, 92 Stat. 2751) is repealed.

(10) Sections 207 and 210 of the National Driver Register Act

of 1982 (Public Law 97–364, 96 Stat. 1745, 1747) are repealed.

(11) Section 144 of the Surface Transportation Assistance Act

of 1982 (Public Law 97–424, 96 Stat. 2129) is repealed.

(12) Section 8 of the Civil Aeronautics Board Sunset Act of 1984

(Public Law 98–443, 98 Stat. 1706) is repealed.

(13) The Act of October 11, 1984 (Public Law 98–466, 98 Stat.

1825), is repealed.

(14) Sections 108(c) and 307 of the Pipeline Safety Reauthorization Act of 1988 (Public Law 100–561, 102 Stat. 2809, 2817) are

repealed.
H. R. 4778—15

(15) Sections 1 and 15(a), (c), (e), (f), and (g)(2) of the Sanitary

Food Transportation Act of 1990 (Public Law 101–500, 104 Stat.

1213, 1218, 1219, 1220, 1221) are repealed.

(16) Sections 1, 8, and 10 of the Independent Safety Board Act

Amendments of 1990 (Public Law 101–641, 104 Stat. 4654, 4657,

4658) are repealed.

(17) Sections 11 and 13 of the Amtrak Authorization and Development Act (Public Law 102–533, 106 Stat. 3520, 3522) are repealed.

(18) Section 319 of the Department of Transportation and Related

Agencies Appropriations Act, 1994 (Public Law 103–122, 107 Stat.

1222) is repealed.

SEC. 9. EFFECTIVE DATE.

The amendments made by sections 6(2)–(15), (19)–(35), (37)–(39),

(41), (44)–(52), (54)–(62), (65), (66)(B), (70), (73)–(76), and (78)–

(81) of this Act shall take effect on July 5, 1994.

SEC. 10. LEGISLATIVE PURPOSE AND CONSTRUCTION.

(a) NO SUBSTANTIVE CHANGE.—This Act restates, without substantive change, laws enacted before September 26, 1994, that

were replaced by this Act. This Act may not be construed as making

a substantive change in the laws replaced. Laws enacted after

September 25, 1994, that are inconsistent with this Act supersede

this Act to the extent of the inconsistency.

(b) REFERENCES.—A reference to a law replaced by this Act,

including a reference in a regulation, order, or other law, is deemed

to refer to the corresponding provision enacted by this Act.

(c) CONTINUING EFFECT.—An order, rule, or regulation in effect

under a law replaced by this Act continues in effect under the

corresponding provision enacted by this Act until repealed,

amended, or superseded.

(d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An action taken

or an offense committed under a law replaced by this Act is deemed

to have been taken or committed under the corresponding provision

enacted by this Act.

(e) INFERENCES.—An inference of a legislative construction is

not to be drawn by reason of the location in the United States

Code of a provision enacted by this Act or by reason of a caption

or catchline of the provision.

(f) SEVERABILITY.—If a provision enacted by this Act is held

invalid, all valid provisions that are severable from the invalid

provision remain in effect. If a provision enacted by this Act is

held invalid in any of its applications, the provision remains valid

for all valid applications that are severable from any of the invalid

applications.

SEC. 11. REPEALS.

(a) INFERENCES OF REPEAL.—The repeal of a law by this Act

may not be construed as a legislative inference that the provision

was or was not in effect before its repeal.

(b) REPEALER SCHEDULE.—The laws specified in the following

schedule are repealed, except for rights and duties that matured,

penalties that were incurred, and proceedings that were begun

before the date of enactment of this Act:
H. R. 4778—16

Schedule of Laws Repealed

Statutes at Large

Date

Chapter

or Public LawSection

Statutes at Large U.S. Code

Volume Page Title Section

1972

Oct.

20.

92–513 . 503, 511 ............ ....... ............................ 15 2003, 2011

1975

Dec.

22.

94–163 . 301 ‘‘Sec. 511’’ ... 89 915 ..................... 15 2011

1980

Feb.

18.

96–193 . 305 ..................... 94 57 ....................... 49

App.

2125

1982

Sept. 3.

97–248 . 505, 507, 508,

513.

96 677, 679, 682,

689.

49

App.

2204, 2206,

2207, 2212

1992

Oct.

24.

102–508 304(c) ................. 106 3308 ................... 49 1682(note)

1993

Dec. 8.

103–182 371 ..................... 107 2127 ................... 15 2003

1994

May

26.

103–260 102–107, 109 .... 108 698, 700 ............ 49

App.

2204,

2204(note),

2206,

2206(note),

2207, 2212

July 5 103–272 4(c) ..................... 108 1361 ................... ....... ...................

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.