House Calendar No. 222

104TH CONGRESS

2D SESSION H. R. 2297

[Report No. 104–573]

A BILL

To codify without substantive change laws related

States Code.to transportation and to improve the United

MAY 14, 1996

Reported with an amendment, referred to the House

Calendar, and ordered to be printed
1

IB

House Calendar No. 222

104TH CONGRESS

2D SESSION H. R. 2297

[Report No. 104–573]

To codify without substantive change laws related to transportation and to

improve the United States Code.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 12, 1995

Mr. HYDE introduced the following bill; which was referred to the

Committee on the Judiciary

MAY 14, 1996

Reported with an amendment, referred to the House Calendar, and

ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on September 12, 1995]

A BILL

To codify without substantive change laws related to transportation and to

improve the United States Code.

1 Be it enacted by the Senate and House of Representatives of the United

2 States of America in Congress assembled,
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1 SECTION 1. TITLE 18, UNITED STATES CODE.

2 Section 2721(b) of title 18, United States Code, is amended as follows:

3 (1) In the matter before clause (1), strike ‘‘the Automobile Information

4 Disclosure Act, the Motor Vehicle Information and Cost Saving Act, the

5 National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car

6 Theft Act of 1992, and the Clean Air Act’’ and substitute ‘‘titles I and

7 IV of the Anti Car Theft Act of 1992, the Automobile Information Disclo8 sure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42 U.S.C. 7401

9 et seq.), and chapters 301, 305, and 321–331 of title 49’’.

10 (2) In clause (9), strike ‘‘the Commercial Motor Vehicle Safety Act of

11 1986 (49 U.S.C. App. 2710 et seq.)’’ and substitute ‘‘chapter 313 of title

12 49’’.

13 SEC. 2. TITLE 23, UNITED STATES CODE.

14 In the catchline for section 103(e)(4)(L) of title 23, United States Code,

15 strike ‘‘FTA’’ and substitute ‘‘CHAPTER 53 OF TITLE 49’’.

16 SEC. 3. TITLE 28, UNITED STATES CODE.

17 In section 1445(a) of title 28, United States Code, strike ‘‘sections 51–60

18 of Title 45’’ and substitute ‘‘sections 1–4 and 5–10 of the Act of April 22,

19 1908 (45 U.S.C. 51–54, 55–60)’’.

20 SEC. 4. TITLE 31, UNITED STATES CODE.

21 Title 31, United States Code, is amended as follows:

22 (1) In section 1105(a), redesignate clauses (27) through the end as

23 clauses (26) through the end.

24 (2) Section 9101 is amended as follows:

25 (A) Clause (2)(J) is repealed.

26 (B) Redesignate clauses (2)(K) through the end as clauses (2)(J)

27 through the end.

28 (C) In clause (3)(B), strike ‘‘Fund;’’ and substitute ‘‘Fund.’’.

29 (D) Clause (3)(N), as added by section 902(b) of the Energy Pol30 icy Act of 1992 (Public Law 102–486, 106 Stat. 2944), is redesig31 nated as clause (3)(O).

32 SEC. 5. TITLE 49, UNITED STATES CODE.

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

34 (1) In section 106(b), strike ‘‘the date of the enactment of this sen35 tence’’ and substitute ‘‘August 23, 1994,’’.

36 (2) In section 111 (b)(4) and (g), strike ‘‘the date of the enactment

37 of this section’’ and substitute ‘‘December 18, 1991’’.

38 (3) Section 329 is amended as follows:

39 (A) In subsection (b)(1), strike ‘‘(as those terms are used in such

40 Act)’’ and substitute ‘‘(as that term is used in part A of subtitle

41 VII of this title)’’.
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1 (B) In subsection (d), strike ‘‘that Act’’ and substitute ‘‘that

2 part’’.

3 (4) In section 521(b)(1)(B), strike ‘‘the date of enactment of this sub4 paragraph’’ and substitute ‘‘November 3, 1990’’.

5 (5) Section 701(b)(4) is amended as follows:

6 (A) Strike ‘‘the effective date of this section’’ and substitute ‘‘Jan7 uary 1, 1996’’.

8 (B) Strike ‘‘the date of the enactment of the ICC Termination Act

9 of 1995’’ and substitute ‘‘December 29, 1995,’’.

10 (6) In section 702, strike ‘‘the effective date of such Act’’ and substitute

11 ‘‘January 1, 1996’’.

12 (7) In section 726(a), strike ‘‘the date of enactment of the ICC Termi13 nation Act of 1995’’ and substitute ‘‘December 29, 1995’’.

14 (8) In section 5116(j)(4)(A), strike ‘‘subsection (g)’’ and substitute

15 ‘‘section 5115 of this title’’.

16 (9) In sections 5119(b)(2), 5309 (g)(1)(B) and (m)(3), 5328(b)(3),

17 5334(b)(1), 5335(b)–(d), 31134(c)(1) (B) and (C) and (2), 40112(e)(2),

18 41105(b), 41310(f), 41714(e)(2), 42104(b), 44506(d), 44913(a)(2),

19 47107(k), 48102(d)(2), and 48109, strike ‘‘Public Works and Transpor20 tation’’ and substitute ‘‘Transportation and Infrastructure’’.

21 (10) Section 5303 is amended as follows:

22 (A) In subsection (f)(2), strike ‘‘subsection (e)’’ and substitute

23 ‘‘subsection (b)’’.

24 (B) In subsection (h)(4), strike ‘‘section 5338(g)(1)’’ and sub25 stitute ‘‘section 5338(g)’’.

26 (11) Section 5307 is amended as follows:

27 (A) In subsection (a)(2)(A), strike ‘‘title;’’ and substitute ‘‘title;

28 or’’.

29 (B) In subsection (a)(2)(B), strike ‘‘transportation; or’’ and sub30 stitute ‘‘transportation.’’.

31 (C) Strike subsection (a)(2)(C).

32 (D) In subsection (d)(1)(H), strike ‘‘5301 (a) and (d), 5303–5306,

33 and 5310(a)–(d)’’ and substitute ‘‘5301 (a) and (d) and 5303–

34 5306’’.

35 (12) Section 5309 is amended as follows:

36 (A) In subsection (a)—

37 (i) insert ‘‘(1)’’ before ‘‘The Secretary’’;

38 (ii) redesignate clauses (1)–(7) as clauses (A)–(G), respec39 tively;

40 (iii) redesignate subclauses (A) and (B) as subclauses (i)

41 and (ii), respectively; and
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1 (iv) insert at the end the following:

2 ‘‘(2) The Secretary of Transportation shall require that all grants and

3 loans under this subsection be subject to all terms, requirements, and provi4 sions the Secretary decides are necessary or appropriate for the purposes of

5 this section, including requirements for the disposition of net increases in

6 value of real property resulting from the project assisted under this section.’’.

7 (B) In subsection (e)(4)(B), strike ‘‘paragraph (1)(B)’’ and sub8 stitute ‘‘paragraph (2)(B)’’.

9 (C) In subsection (m)(1)(A), insert ‘‘rail’’ before ‘‘fixed guideway

10 modernization’’.

11 (13) Section 5315(d) is amended by striking ‘‘5304 and 5306’’ and

12 substituting ‘‘5307 and 5309’’.

13 (14) Section 5317(b)(5) is amended as follows:

14 (A) In subparagraph (C), strike ‘‘under this paragraph’’ and sub15 stitute ‘‘under subparagraph (B) of this paragraph’’.

16 (B) In subparagraph (D), strike ‘‘(except this paragraph)’’.

17 (15) Section 5323 (b)(1), (c), and (e) is amended by striking ‘‘(except

18 section 5307)’’ wherever it appears.

19 (16) The catchline for section 5325(d) is amended by striking ‘‘MAN20 AGEMENT, ARCHITECTURAL, AND ENGINEERING CONTRACTS.’’ and sub21 stituting ‘‘ARCHITECTURAL, ENGINEERING, AND DESIGN CONTRACTS.’’.

22 (17) Section 5327(c) is amended by striking ‘‘to carry out a major

23 project under section 5307’’ and substituting ‘‘to carry out a major

24 project under section 5309’’.

25 (18) In section 5335(d)(2)(B), strike ‘‘With’’ and substitute ‘‘with’’.

26 (19) Section 5336(b)(2) is amended as follows:

27 (A) In subparagraphs (A) and (B), add at the end the following:

28 ‘‘An urbanized area with a population of at least 750,000 in which com29 muter rail transportation is provided shall receive at least .75 percent

30 of the total amount apportioned under this subparagraph.’’.

31 (B) Strike subparagraph (C).

32 (C) Redesignate subparagraphs (D) and (E) as subparagraphs

33 (C) and (D), respectively.

34 (20) Section 5338(g)(2) is amended by striking ‘‘section 5308(b)(2)’’

35 and substituting ‘‘section 5311(b)(2)’’.

36 (21) In section 10501(c)(3)(B), strike ‘‘the effective date of the ICC

37 Termination Act of 1995’’ and substitute ‘‘January 1, 1996’’.

38 (22) In section 10701(d)(3), strike ‘‘the effective date of this para39 graph’’ and substitute ‘‘January 1, 1996’’.

40 (23) In section 10704(d), strike ‘‘the effective date of the ICC Termi41 nation Act of 1995’’ and substitute ‘‘January 1, 1996’’.
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1 (24) In sections 10706(a)(5)(C) and 10709(e), strike ‘‘the effective date

2 of the Staggers Rail Act of 1980’’ and substitute ‘‘October 1, 1980,’’.

3 (25) In sections 11101(f) and 11301(f), strike ‘‘the effective date of the

4 ICC Termination Act of 1995’’ and substitute ‘‘January 1, 1996’’.

5 (26)(A) The heading for part B of subtitle IV is amended to read as

6 follows:

7 ‘‘PART B—MOTOR CARRIERS, WATER CARRIERS,

8 BROKERS, AND FREIGHT FORWARDERS’’.

9 (B) The heading for chapter 131 is amended to read as follows:

10 ‘‘CHAPTER 131—GENERAL PROVISIONS’’.

11 (27) Section 13102 is amended as follows:

12 (A) In clause (4)(A), strike—

13 (i) ‘‘the effective date of this section’’ and substitute ‘‘Janu14 ary 1, 1996’’; and

15 (ii) ‘‘the day before the effective date of this section’’ and

16 substitute ‘‘December 31, 1995’’.

17 (B) In clause (4)(B), strike ‘‘on or after such date’’ and substitute

18 ‘‘after December 31, 1995’’.

19 (28) Section 13703 is amended as follows:

20 (A) In subsection (e), strike—

21 (i) ‘‘the day before the effective date of this section’’ and sub22 stitute ‘‘December 31, 1995,’’; and

23 (ii) ‘‘such effective date’’ and substitute ‘‘January 1, 1996’’.

24 (B) In subsection (f)(2), strike ‘‘the day before the effective date

25 of this section’’ and substitute ‘‘December 31, 1995’’.

26 (29) Section 13709 is amended as follows:

27 (A) In subsection (a)(1) and (3), strike ‘‘the day before the effec28 tive date of this section’’ and substitute ‘‘December 31, 1995’’.

29 (B) In subsection (e), strike—

30 (i) ‘‘the effective date of this section’’ and substitute ‘‘Janu31 ary 1, 1996’’; and

32 (ii) ‘‘the day before such effective date’’ and substitute ‘‘De33 cember 31, 1995’’.

34 (30) Section 13710 is amended as follows:

35 (A) In subsection (a)(4), strike ‘‘the effective date of this section’’

36 and substitute ‘‘January 1, 1996,’’.

37 (B) In subsection (b), strike—

38 (i) ‘‘the day before the effective date of this section’’ and sub39 stitute ‘‘December 31, 1995’’; and

40 (ii) ‘‘the effective date of this section’’ and substitute ‘‘Janu41 ary 1, 1996,’’.
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1 (31) Section 13711 is amended as follows:

2 (A) In subsection (a), strike—

3 (i) ‘‘or, before the effective date of this section’’ and sub4 stitute ‘‘or, before January 1, 1996’’;

5 (ii) ‘‘the day before the effective date of this section’’ and

6 substitute ‘‘December 31, 1995’’; and

7 (iii) ‘‘provided before the effective date of this section’’ and

8 substitute ‘‘provided before January 1, 1996’’.

9 (B) In subsection (d), strike—

10 (i) ‘‘the effective date of this section’’ and substitute ‘‘Janu11 ary 1, 1996’’; and

12 (ii) ‘‘the day before such effective date’’ and substitute ‘‘De13 cember 31, 1995’’.

14 (C) In subsection (g), strike ‘‘the effective date of this section’’ and

15 substitute ‘‘January 1, 1996’’.

16 (32) Section 13902 is amended as follows:

17 (A) In subsection (b)(8)(A)—

18 (i) insert ‘‘and’’ after ‘‘(iv) any Indian tribe,’’;

19 (ii) strike ‘‘and’’ after ‘‘clause (i), (ii), (iii), or (iv),’’; and

20 (iii) strike ‘‘the effective date of this subsection’’ and sub21 stitute ‘‘January 1, 1996,’’.

22 (B) In subsection (b)(8)(B), strike ‘‘the effective date of this para23 graph’’ and substitute ‘‘January 1, 1996,’’.

24 (C) In subsections (c)(4)(A) and (d)(1)(A) and (2), strike ‘‘the

25 day before the effective date of this section’’ and substitute ‘‘Decem26 ber 31, 1995’’.

27 (33) In section 13905(a), strike ‘‘the day before the effective date of

28 this section’’ and substitute ‘‘December 31, 1995’’.

29 (34) In section 13906(d), strike ‘‘the effective date of this section’’ and

30 substitute ‘‘January 1, 1996,’’.

31 (35) Section 13907(e) is amended as follows:

32 (A) In clause (1), strike ‘‘the day before the effective date of this

33 section’’ and substitute ‘‘December 31, 1995’’.

34 (B) In clause (2), strike ‘‘the day before such effective date’’ and

35 substitute ‘‘December 31, 1995’’.

36 (36) Section 13908 is amended as follows:

37 (A) In subsection (d)(1), strike ‘‘the day before the effective date

38 of this section’’ and substitute ‘‘December 31, 1995’’.

39 (B) In subsection (e), strike ‘‘the effective date of this section’’ and

40 substitute ‘‘January 1, 1996’’.

41 (37) Section 14302 is amended as follows:
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1 (A) In subsection (c)(4), strike ‘‘the effective date of this section’’

2 and substitute ‘‘January 1, 1996’’.

3 (B) In subsection (g), strike ‘‘the effective date of this section’’

4 and substitute ‘‘January 1, 1996,’’.

5 (C) In subsection (h)(1), strike ‘‘the day before the effective date

6 of this section’’ and substitute ‘‘December 31, 1995’’.

7 (D) In subsection (h)(2), strike ‘‘the day before such effective

8 date’’ and substitute ‘‘December 31, 1995’’.

9 (38) In sections 14706(g)(3) and 14708(g), strike ‘‘the effective date of

10 this section’’ and substitute ‘‘January 1, 1996’’.

11 (39) In section 14709, strike—

12 (A) ‘‘the effective date of this section’’ and substitute ‘‘January

13 1, 1996’’; and

14 (B) ‘‘the day before the effective date of this section’’ and sub15 stitute ‘‘December 31, 1995’’.

16 (40) The heading for part C of subtitle IV is amended to read as fol17 lows:

18 ‘‘PART C—PIPELINE CARRIERS’’.

19 (41) In the analysis of chapter 151, strike—

‘‘CHAPTER 151—GENERAL PROVISIONS’’.

20 (42) In the analysis of chapter 153, strike—

‘‘CHAPTER 153—JURISIDICTION’’.

21 (43) The analysis and subchapter headings of chapter 157 are amend22 ed as follows:

23 (A) The analysis of chapter 157 is amended as follows:

24 (i) Strike—

‘‘CHAPTER 157—OPERATIONS OF CARRIERS’’.

25 (ii) Strike—

‘‘SUBCHAPTER A—GENERAL REQUIREMENTS’’

26 and substitute—

‘‘SUBCHAPTER A—GENERAL REQUIREMENTS’’.

27 (iii) Strike—

‘‘SUBCHAPTER B—OPERATIONS OF CARRIERS’’

28 and substitute

‘‘SUBCHAPTER B—OPERATIONS OF CARRIERS’’.

29 (B)(i) The heading for subchapter A is amended to read as fol30 lows:

31 ‘‘SUBCHAPTER A—GENERAL REQUIREMENTS’’.

32 (ii) The heading for subchapter B is amended to read as follows:
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1 ‘‘SUBCHAPTER B—OPERATIONS OF CARRIERS’’.

2 (44) Section 15701(e) is amended by striking ‘‘the effective date of this

3 section’’ and substituting ‘‘January 1, 1996’’.

4 (45) The analysis of chapter 159 is amended as follows:

5 (A) Strike—

‘‘CHAPTER 159—ENFORCEMENT; INVESTIGATIONS, RIGHTS, AND REMEDIES’’.

6 (B) Strike the item related to section 15907.

7 (46) In the analysis of chapter 161, strike—

‘‘CHAPTER 161—CIVIL AND CRIMINAL PENALTIES’’.

8 (47) Section 20133(b) is amended as follows:

9 (A) In paragraph (1), strike ‘‘the date of enactment of the Federal

10 Railroad Safety Authorization Act of 1994’’ and substitute ‘‘Novem11 ber 2, 1994’’.

12 (B) In paragraph (2), strike ‘‘such date of enactment’’ and sub13 stitute ‘‘November 2, 1994’’.

14 (48) In sections 20134(c)(2), 20145, 22108(b), 24314(b), 24702(c), and

15 24903(a), strike ‘‘Committee on Energy and Commerce’’ and substitute

16 ‘‘Committee on Transportation and Infrastructure’’.

17 (49) In sections 20145, 20146, and 20151(a) and (c), strike ‘‘the date

18 of enactment of the Federal Railroad Safety Authorization Act of 1994’’

19 and substitute ‘‘November 2, 1994’’.

20 (50) In section 20152(b), strike ‘‘the date of enactment of this section’’

21 and ‘‘that date’’ and substitute ‘‘November 2, 1994’’ and ‘‘November 2,

22 1994,’’, respectively.

23 (51) In section 20153(g), strike ‘‘the date of enactment of this section’’

24 wherever it appears and substitute ‘‘November 2, 1994’’.

25 (52) Add at the end of section 20301(b) the following:

26 ‘‘(4) a car, locomotive, or train used on a street railway.’’.

27 (53) In section 21301(a)(1)—

28 (A) insert ‘‘A person may not fail to comply with a regulation

29 prescribed or order issued by the Secretary of Transportation under

30 chapter 201 of this title.’’ before ‘‘Subject to ’’; and

31 (B) strike ‘‘Secretary of Transportation under chapter 201 of this

32 title is liable’’ and substitute ‘‘Secretary under chapter 201 is lia33 ble’’.

34 (54) In section 21303(a)(1), strike ‘‘chapter 211 of this title’’ and sub35 stitute ‘‘chapter 211 of this title,’’.

36 (55) In section 22106(b), insert ‘‘in the same manner and under the

37 same conditions as if they were originally granted to the State by the

38 Secretary of Transportation’’ after ‘‘under this chapter’’.

39 (56)(A) Insert after chapter 281 the following:
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1 ‘‘CHAPTER 283—MAXIMUM HOURS OF WORK

‘‘Sec.

‘‘28301. General.

‘‘28302. Penalties.

2 ‘‘§ 28301. General

3 ‘‘(a) EIGHT HOUR DAY.—In contracts for labor and service, 8 hours shall

4 be a day’s work and the standard day’s work for determining the compensa5 tion for services of an employee employed by a common carrier by railroad

6 subject to subtitle IV of this title and actually engaged in any capacity in

7 operating trains used for transporting passengers or property on railroads

8 from—

9 ‘‘(1) a State of the United States or the District of Columbia to any

10 other State or the District of Columbia;

11 ‘‘(2) one place in a territory or possession of the United States to an12 other place in the same territory or possession;

13 ‘‘(3) a place in the United States to an adjacent foreign country; or

14 ‘‘(4) a place in the United States through a foreign country to any

15 other place in the United States.

16 ‘‘(b) APPLICATION.—Subsection (a) of this section—

17 ‘‘(1) does not apply to—

18 ‘‘(A) an independently owned and operated railroad not exceed19 ing one hundred miles in length;

20 ‘‘(B) an electric street railroad; and

21 ‘‘(C) an electric interurban railroad; but

22 ‘‘(2) does apply to an independently owned and operated railroad less

23 than one hundred miles in length—

24 ‘‘(A) whose principal business is leasing or providing terminal or

25 transfer facilities to other railroads; or

26 ‘‘(B) engaged in transfers of freight between railroads or between

27 railroads and industrial plants.

28 ‘‘§ 28302. Penalties

29 ‘‘A person violating section 28301 of this title shall be fined under title 18,

30 imprisoned not more than one year, or both.’’.

31 (B) In the analysis for subtitle V, insert after item 281 the following:

‘‘283. MAXIMUM HOURS OF WORK ...................................................................... 28301’’.

32 (57) In section 30144(a)(1)(A), strike ‘‘Organization’’ and substitute

33 ‘‘Organizations’’.

34 (58) In section 30168(c), strike ‘‘Committees on Energy and Commerce

35 and Public Works and Transportation’’ and substitute ‘‘Committees on

36 Commerce and Transportation and Infrastructure’’.

37 (59) In section 30308, insert a comma after ‘‘1994’’.
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1 (60) In section 31136(e)(2)(A) and (J)(i) and (ii) and (3), strike ‘‘the

2 date of the enactment of this paragraph’’ and substitute ‘‘November 28,

3 1995’’.

4 (61) In section 32702(8), insert ‘‘any’’ after ‘‘or’’.

5 (62) Section 32705 is amended as follows:

6 (A) Subsection (a) is amended to read as follows:

7 ‘‘(a)(1) DISCLOSURE REQUIREMENTS.—Under regulations prescribed by the

8 Secretary of Transportation that include the way in which information is

9 disclosed and retained under this section, a person transferring ownership of

10 a motor vehicle shall give the transferee the following written disclosure:

11 ‘‘(A) Disclosure of the cumulative mileage registered on the odometer.

12 ‘‘(B) Disclosure that the actual mileage is unknown, if the transferor

13 knows that the odometer reading is different from the number of miles

14 the vehicle has actually traveled.

15 ‘‘(2) A person transferring ownership of a motor vehicle may not violate

16 a regulation prescribed under this section or give a false statement to the

17 transferee in making the disclosure required by such a regulation.

18 ‘‘(3) A person acquiring a motor vehicle for resale may not accept a written

19 disclosure under this section unless it is complete.’’.

20 (B) In subsection (b)(3)(A), strike ‘‘may’’ and ‘‘only if’’ and sub21 stitute ‘‘may not’’ and ‘‘unless’’, respectively.

22 (63) In sections 32904(b)(6)(C) and 32905(g), strike ‘‘Committee on

23 Energy and Commerce’’ and substitute ‘‘Committee on Commerce’’.

24 (64) In the analysis of subtitle VII, strike the item related to part D

25 and item 491 and substitute—

26 ‘‘PART D—PUBLIC AIRPORTS

‘‘491. METROPOLITAN WASHINGTON AIRPORTS ............................................. 49101

27 ‘‘PART E—MISCELLANEOUS

‘‘501. BUY-AMERICAN PREFERENCES ................................................................ 50101’’.

28 (65) In section 40109(c)—

29 (A) strike ‘‘sections 41301–41306, 41308–41310(a), 41501, 41503,

30 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711,

31 41712, and 41731–41742,’’ and substitute ‘‘chapter 413 (except sec32 tions 41307 and 41310(b)–(f)), chapter 415 (except sections 41502,

33 41505, and 41507–41509), chapter 417 (except sections 41703,

34 41704, 41710, 41713, and 41714),’’; and

35 (B) strike ‘‘section 46301(b)’’ and substitute ‘‘sections 44909 and

36 46301(b)’’.

37 (66) In section 40116(d)(2)(A)(iv), strike ‘‘Levy’’ and ‘‘the date of en38 actment of this clause’’ and substitute ‘‘levy’’ and ‘‘August 23, 1994’’, re39 spectively.
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1 (67) Section 40117(e)(2) is amended as follows:

2 (A) In clause (B), insert ‘‘and’’ after the semicolon.

3 (B) Strike clause (C).

4 (C) Redesignate clause (D) as clause (C).

5 (68) Section 40118 is amended as follows:

6 (A) In the catchline for subsection (d), strike ‘‘TRANSPORTATION

7 BY FOREIGN AIR CARRIERS’’ and substitute ‘‘CERTAIN TRANSPOR8 TATION BY AIR OUTSIDE THE UNITED STATES’’.

9 (B) In subsection (f)(1), strike ‘‘(f)(1) No’’ and substitute ‘‘(f)

10 PROHIBITION OF CERTIFICATION OR CONTRACT CLAUSE.—(1) No’’.

11 (69)(A) Add at the end of chapter 401 the following:

12 ‘‘§ 40121. Interstate agreements for airport facilities

13 ‘‘Congress consents to a State making an agreement, not in conflict with

14 a law of the United States, with another State to develop or operate an air15 port facility.’’.

16 (B) In the analysis for chapter 401, insert after item 40120 the follow17 ing:

‘‘40121. Interstate agreements for airport facilities.’’.

18 (70) Add at the end of section 41109(a) the following:

19 ‘‘(5) As prescribed by regulation by the Secretary, an air carrier other than

20 a charter air carrier may provide charter trips or other special services with21 out regard to the places named or type of transportation specified in its cer22 tificate.’’.

23 (71) In section 41309(b)(2)(B), strike ‘‘common’’.

24 (72) In section 41312(a)(1), insert ‘‘of Transportation’’ after ‘‘Sec25 retary’’.

26 (73) In section 41714(d)(1), strike ‘‘sections 6005(c)(5) and 6009(e) of

27 the Metropolitan Washington Airports Act of 1986’’ and substitute ‘‘sec28 tions 49104(a)(5) and 49110(e) of this title’’.

29 (74) In section 41715(a), strike ‘‘Secretary’s’’ and substitute ‘‘Sec30 retary of Transportation’s’’.

31 (75) In sections 44501(c)(1), 44511(e), 48102(c)(2)(A) and (d)(2), and

32 70112(d)(1), strike ‘‘Science, Space, and Technology’’ and substitute

33 ‘‘Science’’.

34 (76) Section 44502 is amended as follows:

35 (A) In subsection (c)(1), strike ‘‘To ensure that’’ and substitute

36 ‘‘To ensure’’.

37 (B) Strike subsection (e) and redesignate subsection (f) as sub38 section (e).

39 (77) In section 45301(c)(5), strike ‘‘the date of the enactment of this

40 subsection’’ and substitute ‘‘August 23, 1994,’’.
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1 (78) Section 46301 is amended as follows:

2 (A) In subsection (a)(1)(A)—

3 (i) strike ‘‘any of sections 41301–41306, 41308–41310(a),

4 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702,

5 41705–41709, 41711, 41712, or 41731–41742,’’ and substitute

6 ‘‘chapter 413 (except sections 41307 and 41310(b)–(f)), chapter

7 415 (except sections 41502, 41505, and 41507–41509), chapter

8 417 (except sections 41703, 41704, 41710, 41713, and 41714),’’;

9 (ii) strike ‘‘or any of sections 44701(a) or (b), 44702–44716,

10 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B),

11 44909(a), 44912–44915, 44932–44938,’’ and substitute ‘‘section

12 44502(b) or (c), chapter 447 (except sections 44717 and 44719–

13 44723), chapter 449 (except sections 44902, 44903(d), 44904,

14 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), or section’’;

15 (iii) insert ‘‘or’’ after ‘‘46303,’’; and

16 (iv) strike ‘‘, or 41715’’.

17 (B) In subsection (a)(2)(A), strike ‘‘or any of sections 44701(a)

18 or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44912–

19 44915, or 44932–44938’’ and substitute ‘‘, section 44502(b) or (c),

20 chapter 447 (except sections 44717–44723), or chapter 449 (except

21 sections 44902, 44903(d), 44904, and 44907–44909)’’.

22 (C) Adjust the margins of clauses (A) and (B) of subsection (a)(3)

23 to be the same as clauses (A) and (B) of subsection (a)(2).

24 (D) In subsection (c)(1)(A)—

25 (i) strike ‘‘any of sections 41301–41306, 41308–41310(a),

26 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702,

27 41705–41709, 41711, 41712, or 41731–41742,’’ and substitute

28 ‘‘chapter 413 (except sections 41307 and 41310(b)–(f)), chapter

29 415 (except sections 41502, 41505, and 41507–41509), chapter

30 417 (except sections 41703, 41704, 41710, 41713, and 41714),’’;

31 (ii) strike ‘‘or’’ before ‘‘subchapter II’’; and

32 (iii) insert ‘‘, or section 44909’’ before ‘‘of this title’’.

33 (E) In subsection (d)(2), strike ‘‘or any of sections 44701(a) or

34 (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906,

35 44907(d)(1)(B), 44912–44915, 44932–44938,’’ and substitute ‘‘sec36 tion 44502(b) or (c), chapter 447 (except sections 44717 and 44719–

37 44723), chapter 449 (except sections 44902, 44903(d), 44904,

38 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909), or sec39 tion’’.

40 (F) In subsection (f)(1)(A)(i), strike ‘‘or any of sections 44701(a)

41 or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906,
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1 44907(d)(1)(B), 44912–44915, or 44932–44938’’ and substitute ‘‘sec2 tion 44502(b) or (c), chapter 447 (except sections 44717 and 44719–

3 44723), or chapter 449 (except sections 44902, 44903(d), 44904,

4 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909)’’.

5 (79) In section 46306(c)(2)(B), insert ‘‘that is’’ before ‘‘provided’’.

6 (80) In section 46316(b), strike ‘‘and sections 44701(a) and (b),

7 44702–44716, 44901, 44903(b) and (c), 44905, 44906, 44912–44915, and

8 44932–44938’’ and substitute ‘‘chapter 447 (except sections 44717–

9 44723), and chapter 449 (except sections 44902, 44903(d), 44904, and

10 44907–44909)’’.

11 (81) In section 47107(l)(1), strike ‘‘the date of the enactment of this

12 subsection’’ and substitute ‘‘August 23, 1994’’.

13 (82) Section 47115 is amended as follows:

14 (A) Subsection (f)(2) as enacted by section 112(d) of the Federal

15 Aviation Administration Authorization Act of 1994 (Public Law

16 103–305, 108 Stat. 1576) is amended by striking ‘‘the date of the

17 enactment of this subsection’’ and substituting ‘‘August 23, 1994’’.

18 (B) Subsection (f) as enacted by section 6(67) of the Act of Octo19 ber 31, 1994 (Public Law 103–429, 108 Stat. 4386), is redesignated

20 subsection (g).

21 (83) Section 47117 is amended as follows:

22 (A) In subsection (e)(1)(B), strike ‘‘47504(c)(1)’’ and substitute

23 ‘‘47504(c)’’.

24 (B) In subsection (g)(1), strike ‘‘47105(e)’’ and substitute

25 ‘‘47105(f)’’.

26 (84) Section 47118 is amended as follows:

27 (A) In subsection (a), strike ‘‘on or before the date of the enact28 ment of this sentence’’ and substitute ‘‘before August 24, 1994’’.

29 (B) In subsection (e), strike ‘‘Notwithstanding section 47109(c) of

30 this title, not’’ and substitute ‘‘Not’’.

31 (85) In the catchline for section 47128(d), strike ‘‘AND REPORT’’.

32 (86) Section 47129 is amended as follows:

33 (A) In subsection (a)(1), strike ‘‘of this subtitle’’ and substitute

34 ‘‘of this title’’.

35 (B) In subsections (b), (e)(2), and (f)(2), strike ‘‘the date of the

36 enactment of this section’’ and substitute ‘‘August 23, 1994’’.

37 (C) In subsection (e)(3), strike ‘‘such date of enactment’’ and sub38 stitute ‘‘August 23, 1994’’.

39 (87) In section 47509(d), strike ‘‘the date of the enactment of this sec40 tion’’ and substitute ‘‘August 23, 1994’’.
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1 (88) In the catchline for section 48104(b), strike ‘‘YEARS’’ and sub2 stitute ‘‘YEAR’’.

3 (89)(A) Part D of subtitle VII is redesignated as part E.

4 (B) Chapter 491 is redesignated as chapter 501.

5 (C) Items 49101–49105 in the analysis of chapter 501, as redesignated

6 by subparagraph (B) of this paragraph, are redesignated as items

7 50101–50105.

8 (D) Sections 49101–49105 are redesignated as sections 50101–50105.

9 (90) Insert after part C of subtitle VII the following:

10 ‘‘PART D—PUBLIC AIRPORTS

11 ‘‘CHAPTER 491—METROPOLITAN WASHINGTON

12 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.

13 ‘‘§ 49101. Findings

14 ‘‘Congress finds that—

15 ‘‘(1) the 2 federally owned airports in the metropolitan area of the

16 District of Columbia constitute an important and growing part of the

17 commerce, transportation, and economic patterns of Virginia, the Dis18 trict of Columbia, and the surrounding region;

19 ‘‘(2) Baltimore/Washington International Airport, owned and operated

20 by Maryland, is an air transportation facility that provides service to

21 the greater Metropolitan Washington region together with the 2 federally

22 owned airports, and timely Federal-aid grants to Baltimore/Washington

23 International Airport will provide additional capacity to meet the grow24 ing air traffic needs and to compete with other airports on a fair basis;

25 ‘‘(3) the United States Government has a continuing but limited inter26 est in the operation of the two federally owned airports, which serve the

27 travel and cargo needs of the entire Metropolitan Washington region as

28 well as the District of Columbia as the national seat of government;

29 ‘‘(4) operation of the Metropolitan Washington Airports by an inde30 pendent local authority will facilitate timely improvements at both air31 ports to meet the growing demand of interstate air transportation occa32 sioned by the Airline Deregulation Act of 1978 (Public Law 95–504; 92

33 Stat. 1705);
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1 ‘‘(5) all other major air carrier airports in the United States are oper2 ated by public entities at the State, regional, or local level;

3 ‘‘(6) any change in status of the 2 airports must take into account

4 the interest of nearby communities, the traveling public, air carriers,

5 general aviation, airport employees, and other interested groups, as well

6 as the interests of the United States Government and State governments

7 involved;

8 ‘‘(7) in recognition of a perceived limited need for a Federal role in

9 the management of these airports and the growing local interest, the Sec10 retary of Transportation has recommended a transfer of authority from

11 the Federal to the local/State level that is consistent with the manage12 ment of major airports elsewhere in the United States;

13 ‘‘(8) an operating authority with representation from local jurisdic14 tions, similar to authorities at all major airports in the United States,

15 will improve communications with local officials and concerned residents

16 regarding noise at the Metropolitan Washington Airports;

17 ‘‘(9) a commission of congressional, State, and local officials and avia18 tion representatives has recommended to the Secretary that transfer of

19 the federally owned airports be as a unit to an independent authority

20 to be created by Virginia and the District of Columbia; and

21 ‘‘(10) the Federal interest in these airports can be provided through

22 a lease mechanism which provides for local control and operation.

23 ‘‘§ 49102. Purpose

24 ‘‘(a) GENERAL.—The purpose of this chapter is to authorize the transfer

25 of operating responsibility under long-term lease of the 2 Metropolitan Wash26 ington Airport properties as a unit, including access highways and other re27 lated facilities, to a properly constituted independent airport authority cre28 ated by Virginia and the District of Columbia, in order to achieve local con29 trol, management, operation, and development of these important transpor30 tation assets.

31 ‘‘(b) INCLUSION OF BALTIMORE/WASHINGTON INTERNATIONAL AIRPORT

32 NOT PRECLUDED.—This chapter does not prohibit the Airports Authority and

33 Maryland from making an agreement to make Baltimore/Washington Inter34 national Airport part of a regional airports authority, subject to terms agreed

35 to by the Airports Authority, the Secretary of Transportation, Virginia, the

36 District of Columbia, and Maryland.

37 ‘‘§ 49103. Definitions

38 ‘‘In this chapter—

39 ‘‘(1) ‘Airports Authority’ means the Metropolitan Washington Airports

40 Authority, a public authority created by Virginia and the District of Co-
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1 lumbia consistent with the requirements of sections 49106 and 49107 of

2 this title.

3 ‘‘(2) ‘employee’ means any permanent Federal Aviation Administra4 tion personnel employed by the Metropolitan Washington Airports on

5 June 7, 1987.

6 ‘‘(3) ‘Metropolitan Washington Airports’ means Washington National

7 Airport and Washington Dulles International Airport.

8 ‘‘(4) ‘Washington Dulles International Airport’ means the airport con9 structed under the Act of September 7, 1950 (ch. 905, 64 Stat. 770), and

10 includes the Dulles Airport Access Highway and Right-of-way, including

11 the extension between Interstate Routes I–495 and I–66.

12 ‘‘(5) ‘Washington National Airport’ means the airport described in the

13 Act of June 29, 1940 (ch. 444, 54 Stat. 686).

14 ‘‘§ 49104. Lease of Metropolitan Washington Airports

15 ‘‘(a) GENERAL.—The lease the Secretary of Transportation made with the

16 Metropolitan Washington Airports Authority under section 6005(a) of the

17 Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat.

18 1783–375, Public Law 99–591, 100 Stat. 3341–378), for the Metropolitan

19 Washington Airports must provide during its 50-year term for at least the

20 following:

21 ‘‘(1) The Airports Authority shall operate, maintain, protect, promote,

22 and develop the Metropolitan Washington Airports as a unit and as pri23 mary airports serving the metropolitan Washington area.

24 ‘‘(2)(A) In this paragraph, ‘airport purposes’ means a use of property

25 interests (except a sale) for—

26 ‘‘(i) aviation business or activities;

27 ‘‘(ii) activities necessary or appropriate to serve passengers or

28 cargo in air commerce; or

29 ‘‘(iii) nonprofit, public use facilities.

30 ‘‘(B) During the period of the lease, the real property constituting the

31 Metropolitan Washington Airports shall be used only for airport pur32 poses.

33 ‘‘(C) If the Secretary decides that any part of the real property leased

34 to the Airports Authority under this chapter is used for other than air35 port purposes, the Secretary shall—

36 ‘‘(i) direct that the Airports Authority take appropriate measures

37 to have that part of the property be used for airport purposes; and

38 ‘‘(ii) retake possession of the property if the Airports Authority

39 fails to have that part of the property be used for airport purposes

40 within a reasonable period of time, as the Secretary decides.
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1 ‘‘(3) The Airports Authority is subject to section 47107(a)–(c) and (e)

2 of this title and to the assurances and conditions required of grant re3 cipients under the Airport and Airway Improvement Act of 1982 (Public

4 Law 97–248, 96 Stat. 671) as in effect on June 7, 1987. Notwithstanding

5 section 47107(b) of this title, all revenues generated by the Metropolitan

6 Washington Airports shall be expended for the capital and operating

7 costs of the Metropolitan Washington Airports.

8 ‘‘(4) In acquiring by contract supplies or services for an amount esti9 mated to be more than $200,000, or awarding concession contracts, the

10 Airports Authority to the maximum extent practicable shall obtain com11 plete and open competition through the use of published competitive pro12 cedures. By a vote of 7 members, the Airports Authority may grant ex13 ceptions to the requirements of this paragraph.

14 ‘‘(5)(A) Except as provided in subparagraph (B) of this paragraph,

15 all regulations of the Metropolitan Washington Airports (14 C.F.R. part

16 159) become regulations of the Airports Authority as of June 7, 1987,

17 and remain in effect until modified or revoked by the Airports Authority

18 under procedures of the Airports Authority.

19 ‘‘(B) Sections 159.59(a) and 159.191 of title 14, Code of Federal Regu20 lations, do not become regulations of the Airports Authority.

21 ‘‘(C) The Airports Authority may not increase or decrease the number

22 of instrument flight rule takeoffs and landings authorized by the High

23 Density Rule (14 C.F.R. 93.121 et seq.) at Washington National Airport

24 on October 18, 1986, and may not impose a limitation on the number

25 of passengers taking off or landing at Washington National Airport.

26 ‘‘(6)(A) Except as specified in subparagraph (B) of this paragraph,

27 the Airports Authority shall assume all rights, liabilities, and obligations

28 of the Metropolitan Washington Airports on June 7, 1987, including

29 leases, permits, licenses, contracts, agreements, claims, tariffs, accounts

30 receivable, accounts payable, and litigation related to those rights and

31 obligations, regardless whether judgment has been entered, damages

32 awarded, or appeal taken. The Airports Authority must cooperate in al33 lowing representatives of the Attorney General and the Secretary ade34 quate access to employees and records when needed for the performance

35 of duties and powers related to the period before June 7, 1987. The Air36 ports Authority shall assume responsibility for the Federal Aviation Ad37 ministration’s Master Plans for the Metropolitan Washington Airports.

38 ‘‘(B) The procedure for disputes resolution contained in any contract

39 entered into on behalf of the United States Government before June 7,

40 1987, continues to govern the performance of the contract unless other41 wise agreed to by the parties to the contract. Claims for monetary dam-
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1 ages founded in tort, by or against the Government as the owner and

2 operator of the Metropolitan Washington Airports, arising before June

3 7, 1987, shall be adjudicated as if the lease had not been entered into.

4 ‘‘(C) The Administration is responsible for reimbursing the Employees’

5 Compensation Fund, as provided in section 8147 of title 5, for com6 pensation paid or payable after June 7, 1987, in accordance with chap7 ter 81 of title 5 for any injury, disability, or death due to events arising

8 before June 7, 1987, whether or not a claim was filed or was final on

9 that date.

10 ‘‘(D) The Airports Authority shall continue all collective bargaining

11 rights enjoyed by employees of the Metropolitan Washington Airports be12 fore June 7, 1987.

13 ‘‘(7) The Comptroller General may conduct periodic audits of the ac14 tivities and transactions of the Airports Authority in accordance with

15 generally accepted management principles, and under regulations the

16 Comptroller General may prescribe. An audit shall be conducted where

17 the Comptroller General considers it appropriate. All records and prop18 erty of the Airports Authority shall remain in possession and custody

19 of the Airports Authority.

20 ‘‘(8) The Airports Authority shall develop a code of ethics and finan21 cial disclosure to ensure the integrity of all decisions made by its board

22 of directors and employees. The code shall include standards by which

23 members of the board will decide, for purposes of section 49106(d) of this

24 title, what constitutes a substantial financial interest and the cir25 cumstances under which an exception to the conflict of interest prohibi26 tion may be granted.

27 ‘‘(9) A landing fee imposed for operating an aircraft or revenues de28 rived from parking automobiles—

29 ‘‘(A) at Washington Dulles International Airport may not be

30 used for maintenance or operating expenses (excluding debt service,

31 depreciation, and amortization) at Washington National Airport;

32 and

33 ‘‘(B) at Washington National Airport may not be used for main34 tenance or operating expenses (excluding debt service, depreciation,

35 and amortization) at Washington Dulles International Airport.

36 ‘‘(10) The Airports Authority shall compute the fees and charges for

37 landing general aviation aircraft at the Metropolitan Washington Air38 ports on the same basis as the landing fees for air carrier aircraft, except

39 that the Airports Authority may require a minimum landing fee that

40 is not more than the landing fee for aircraft weighing 12,500 pounds.
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1 ‘‘(11) The Secretary shall include other terms applicable to the parties

2 to the lease that are consistent with, and carry out, this chapter.

3 ‘‘(b) PAYMENTS.—Under the lease, the Airports Authority must pay to the

4 general fund of the Treasury annually an amount, computed using the GNP

5 Price Deflator, equal to $3,000,000 in 1987 dollars. The Secretary and the

6 Airports Authority may renegotiate the level of lease payments attributable

7 to inflation costs every 10 years.

8 ‘‘(c) ENFORCEMENT OF LEASE PROVISIONS.—The district courts of the

9 United States have jurisdiction to compel the Airports Authority and its offi10 cers and employees to comply with the terms of the lease. An action may be

11 brought on behalf of the United States by the Attorney General, or by any

12 aggrieved party.

13 ‘‘(d) EXTENSION OF LEASE.—The Secretary and the Airports Authority

14 may at any time negotiate an extension of the lease.

15 ‘‘§ 49105. Capital improvements, construction, and rehabili16 tation

17 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the Metropoli18 tan Washington Airports Authority—

19 ‘‘(1) should pursue the improvement, construction, and rehabilitation

20 of the facilities at Washington Dulles International Airport and Wash21 ington National Airport simultaneously; and

22 ‘‘(2) to the extent practicable, should cause the improvement, construc23 tion, and rehabilitation proposed by the Secretary of Transportation to

24 be completed at Washington Dulles International Airport and Washing25 ton National Airport within 5 years after the earliest date on which the

26 Airports Authority issues bonds under section 49106(b)(1)(B) of this title

27 for that improvement, construction, or rehabilitation.

28 ‘‘(b) SECRETARY’S ASSISTANCE.—The Secretary shall assist the 3 airports

29 serving the District of Columbia metropolitan area in planning for oper30 ational and capital improvements at those airports and shall accelerate con31 sideration of applications for United States Government financial assistance

32 by whichever of the 3 airports is most in need of increasing airside capacity.

33 ‘‘§ 49106. Metropolitan Washington Airports Authority

34 ‘‘(a) STATUS.—The Metropolitan Washington Airports Authority shall be—

35 ‘‘(1) a public body corporate and politic with the powers and jurisdic36 tion—

37 ‘‘(A) conferred upon it jointly by the legislative authority of Vir38 ginia and the District of Columbia or by either of them and con39 curred in by the legislative authority of the other jurisdiction; and

40 ‘‘(B) that at least meet the specifications of this section and sec41 tion 49107 of this title;
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1 ‘‘(2) independent of Virginia and its local governments, the District

2 of Columbia, and the United States Government; and

3 ‘‘(3) a political subdivision constituted only to operate and improve

4 the Metropolitan Washington Airports as primary airports serving the

5 Metropolitan Washington area.

6 ‘‘(b) GENERAL AUTHORITY.—(1) The Airports Authority shall be author7 ized—

8 ‘‘(A) to acquire, maintain, improve, operate, protect, and promote the

9 Metropolitan Washington Airports for public purposes;

10 ‘‘(B) to issue bonds from time to time in its discretion for public pur11 poses, including paying any part of the cost of airport improvements,

12 construction, and rehabilitation and the acquisition of real and personal

13 property, including operating equipment for the airports;

14 ‘‘(C) to acquire real and personal property by purchase, lease, trans15 fer, or exchange;

16 ‘‘(D) to exercise the powers of eminent domain in Virginia that are

17 conferred on it by Virginia;

18 ‘‘(E) to levy fees or other charges; and

19 ‘‘(F) to make and maintain agreements with employee organizations

20 to the extent that the Federal Aviation Administration was authorized

21 to do so on October 18, 1986.

22 ‘‘(2) Bonds issued under paragraph (1)(B) of this subsection—

23 ‘‘(A) are not a debt of Virginia, the District of Columbia, or a politi24 cal subdivision of Virginia or the District of Columbia; and

25 ‘‘(B) may be secured by the Airports Authority’s revenues generally,

26 or exclusively from the income and revenues of certain designated

27 projects whether or not any part of the projects are financed from the

28 proceeds of the bonds.

29 ‘‘(c) BOARD OF DIRECTORS.—(1) The Airports Authority shall be governed

30 by a board of directors composed of the following 11 members:

31 ‘‘(A) 5 members appointed by the Governor of Virginia;

32 ‘‘(B) 3 members appointed by the Mayor of the District of Columbia;

33 ‘‘(C) 2 members appointed by the Governor of Maryland; and

34 ‘‘(D) one member appointed by the President with the advice and con35 sent of the Senate.

36 ‘‘(2) The Chairman of the board shall be appointed from among the mem37 bers by majority vote of the members and shall serve until replaced by major38 ity vote of the members.

39 ‘‘(3) Members of the board shall be appointed to the board for 6 years.

40 ‘‘(4) A member of the board—

41 ‘‘(A) may not hold elective or appointive political office;
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1 ‘‘(B) serves without compensation except for reasonable expenses inci2 dent to board functions; and

3 ‘‘(C) except the member appointed by the President, must reside with4 in the Washington Standard Metropolitan Statistical Area.

5 ‘‘(5) The member of the board appointed by the President may be removed

6 by the President for cause.

7 ‘‘(6) Seven votes are required to approve bond issues and the annual

8 budget.

9 ‘‘(d) CONFLICTS OF INTEREST.—Members of the board and their immediate

10 families may not be employed by or otherwise hold a substantial financial

11 interest in any enterprise that has or is seeking a contract or agreement with

12 the Airports Authority or is an aeronautical, aviation services, or airport

13 services enterprise that otherwise has interests that can be directly affected by

14 the Airports Authority. The official appointing a member may make an ex15 ception if the financial interest is completely disclosed when the member is

16 appointed and the member does not participate in board decisions that di17 rectly affect the interest.

18 ‘‘(e) CERTAIN ACTIONS TO BE TAKEN BY REGULATION.—An action of the

19 Airports Authority changing, or having the effect of changing, the hours of

20 operation of, or the type of aircraft serving, either of the Metropolitan Wash21 ington Airports may be taken only by regulation of the Airports Authority.

22 ‘‘(f) LIMITATION ON AUTHORITY.—If the Board of Review established under

23 section 49107 of this title is unable to carry out its duties and powers under

24 this chapter because of a judicial order, the Airports Authority may not carry

25 out any action required to be submitted to the Board under section 49107(g)

26 of this title.

27 ‘‘(g) REVIEW OF CONTRACTING PROCEDURES.—The Comptroller General

28 shall review contracts of the Airports Authority to decide whether the con29 tracts were awarded by procedures that follow sound Government contracting

30 principles and comply with section 49104(a)(4) of this title. The Comptroller

31 General shall submit periodic reports of the conclusions reached as a result

32 of the review to the Committee on Transportation and Infrastructure of the

33 House of Representatives and the Committee on Commerce, Science, and

34 Transportation of the Senate.

35 ‘‘§ 49107. Board of Review

36 ‘‘(a) COMPOSITION.—(1) The board of directors of the Metropolitan Wash37 ington Airports Authority shall be subject to review of its actions and to re38 quests, in accordance with this section, by a Board of Review of the Airports

39 Authority. The Board of Review shall be established by the board of directors

40 to represent the interests of users of the Metropolitan Washington Airports
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1 and shall be composed of 9 members appointed by the board of directors as

2 follows:

3 ‘‘(A) 4 individuals from a list provided by the Speaker of the House

4 of Representatives.

5 ‘‘(B) 4 individuals from a list provided by the President pro tempore

6 of the Senate.

7 ‘‘(C) one individual chosen alternately from a list provided by the

8 Speaker of the House of Representatives and from a list provided by the

9 President pro tempore of the Senate.

10 ‘‘(2) In addition to the recommendations on a list provided under para11 graph (1) of this subsection, the board of directors may request additional rec12 ommendations.

13 ‘‘(b) QUALIFICATIONS AND TERMS.—(1) Members of the Board of Review

14 shall be individuals who have experience in aviation matters and in address15 ing the needs of airport users and who themselves are frequent users of the

16 Metropolitan Washington Airports. A member of the Board of Review shall

17 be a registered voter of a State other than Maryland, Virginia, or the District

18 of Columbia.

19 ‘‘(2) Members appointed under subsection (a)(1)(A) or (B) of this section

20 shall be appointed for terms of 6 years. Members appointed under subsection

21 (a)(1)(C) of this section shall be appointed for terms of 2 years. A member

22 may serve after the expiration of that member’s term until a successor has

23 taken office.

24 ‘‘(3) A member of the Board of Review shall be subject to removal only for

25 cause by a two-thirds vote of the board of directors.

26 ‘‘(c) VACANCIES.—(1) A vacancy on the Board of Review shall be filled in

27 the manner in which the original appointment was made. A member ap28 pointed to fill a vacancy occurring before the expiration of the term for which

29 the member’s predecessor was appointed shall be appointed only for the re30 mainder of that term.

31 ‘‘(2) At any time that the Board of Review has more than 4 vacancies and

32 lists have been provided for appointments to fill the vacancies, the Airports

33 Authority shall have no authority to perform any of the actions that are re34 quired to be submitted to the Board under subsection (g) of this section.

35 ‘‘(d) CONFLICTS OF INTEREST.—Every contract or agreement made or en36 tered into, or accepted by or on behalf of the Airports Authority, shall contain

37 an express condition that no member of a Board of Review shall be admitted

38 to any share or part of, or to any benefit to arise from, the contract or agree39 ment.
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1 ‘‘(e) LIABILITY.—A member of the Board of Review shall not be liable in

2 connection with any claim, action, suit, or proceeding arising from service

3 on the Board.

4 ‘‘(f) ADMINISTRATIVE.—(1) The Board of Review shall establish procedures

5 for conducting its business. The procedures may include requirements for a

6 quorum at meetings and for proxy voting and for the selection of a Chairman.

7 The Board shall meet at least once each year and shall meet at the call of

8 the chairman or 3 members of the Board. Any decision of the Board under

9 subsection (g) or (h) of this section must be by a vote of at least 5 members

10 of the Board.

11 ‘‘(2) The Board of Review may hire 2 staff individuals to be paid by the

12 Airports Authority. The Airports Authority shall provide clerical and support

13 staff that the Board may require.

14 ‘‘(3) Members of the Board of Review may participate as nonvoting mem15 bers in meetings of the board of directors of the Airports Authority.

16 ‘‘(g) REVIEW OF ACTIONS OF THE AIRPORTS AUTHORITY.—(1) Any of the

17 following actions of the Airports Authority shall be submitted to the Board

18 of Review at least 30 days (or at least 60 days for the annual budget) before

19 the action is to become effective:

20 ‘‘(A) the adoption of an annual budget and any amendments to the

21 budget.

22 ‘‘(B) the authorization for the issuance of bonds and an annual plan

23 for issuance of bonds and any amendments to the plan.

24 ‘‘(C) the adoption, amendment, or repeal of a regulation.

25 ‘‘(D) the adoption or revision of a master plan.

26 ‘‘(E) the appointment of the chief executive officer.

27 ‘‘(F) the award of a contract (except a contract in connection with the

28 issuance or sale of bonds that is executed within 30 days of the date of

29 issuance of the bonds) that has been approved by the board of directors

30 of the Airports Authority.

31 ‘‘(G) any action of the board of directors approving a terminal design

32 or airport layout or a modification of the design or layout.

33 ‘‘(H) the authorization for the acquisition or disposal of land and the

34 grant of a long-term easement.

35 ‘‘(2)(A) The Board of Review may make recommendations to the board of

36 directors regarding an action within the later of—

37 ‘‘(i) 30 calendar days of its submission under this subsection; or

38 ‘‘(ii) 10 calendar days (excluding Saturdays, Sundays, and holidays,

39 and any day on which neither House of Congress is in session because

40 of an adjournment sine die, a recess of more than 3 days, or an adjourn41 ment of more than 3 days) of its submission under this subsection.
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1 ‘‘(B) The recommendations may include a recommendation that the action

2 not take effect. If the Board of Review does not make a recommendation in

3 the applicable review period under this paragraph or if at any time in the

4 review period the Board of Review decides that it will not make a rec5 ommendation on an action, the action may take effect.

6 ‘‘(3) An action with respect to which the Board of Review has made a rec7 ommendation may take effect only if the board of directors—

8 ‘‘(A) adopts the recommendation; or

9 ‘‘(B) has evaluated the recommendation and responded, in writing, to

10 the Board of Review and transmits the action, evaluation, and response

11 to Congress in accordance with paragraph (4) of this subsection and the

12 60-calendar day period described in paragraph (4) expires.

13 ‘‘(4) If the board of directors does not adopt a recommendation of the

14 Board of Review regarding an action, the board of directors shall transmit

15 to the Speaker of the House of Representatives and the President of the Senate

16 a detailed description of the action, the recommendation of the Board of Re17 view regarding the action, and the evaluation and response of the board of

18 directors to the recommendation. The action may not take effect until the ex19 piration of 60 calendar days (excluding Saturdays, Sundays, and holidays,

20 and any day on which neither House of Congress is in session because of an

21 adjournment sine die, a recess of more than 3 days, or an adjournment of

22 more than 3 days) beginning on the day on which the board of directors

23 transmits the material.

24 ‘‘(5) Unless an annual budget for a fiscal year has taken effect in accord25 ance with this procedure, the Airports Authority may obligate or expend

26 money in the fiscal year only for—

27 ‘‘(A) debt service on previously authorized obligations; and

28 ‘‘(B) obligations and expenditures for previously authorized capital ex29 penditures and routine operating expenses.

30 ‘‘(h) REQUEST FOR CONSIDERATION OF OTHER MATTERS.—The Board of

31 Review may request the Airports Authority to consider and vote, or to report,

32 on any matter related to the Metropolitan Washington Airports. On receiving

33 a request, the Airports Authority shall consider and vote, or report, on the

34 matter as promptly as feasible.

35 ‘‘(i) CONGRESSIONAL DISAPPROVAL PROCEDURE.—(1) In this subsection,

36 ‘resolution’—

37 ‘‘(A) means only a joint resolution related to an action of the board

38 of directors transmitted to Congress under subsection (g)(4) of this sec39 tion, the matter after the resolving clause of which is as follows: ‘That

40 the Congress disapproves of the action of the board of directors of the
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1 Metropolitan Washington Airports Authority described as follows:

2 lllll.’, with the blank space being filled appropriately; but

3 ‘‘(B) does not include a resolution that specifies more than one action.

4 ‘‘(2) This subsection is enacted by Congress—

5 ‘‘(A) as an exercise of the rulemaking power of the Senate and the

6 House of Representatives, respectively, and these provisions—

7 ‘‘(i) are deemed a part of the rule of each House, respectively, but

8 applicable only with respect to the procedure to be followed in that

9 House in the case of resolutions described by this subsection; and

10 ‘‘(ii) supersede other rules only to the extent that they are incon11 sistent with the other rules; and

12 ‘‘(B) with complete recognition of the constitutional right of either

13 House to change the rule (as it relates to the procedure of that House)

14 at any time, in the same way, and to the same extent as any other rule

15 of that House.

16 ‘‘(3) A resolution with respect to a board of director’s action shall be re17 ferred to the Committee on Transportation and Infrastructure of the House

18 of Representatives, or the Committee on Commerce, Science, and Transpor19 tation of the Senate, by the Speaker of the House of Representatives or the

20 President of the Senate, as the case may be.

21 ‘‘(4)(A) If the committee to which a resolution has been referred does not

22 report the resolution within 20 calendar days after it is introduced, a motion

23 is in order to discharge the committee from further consideration of the resolu24 tion or any other resolution related to the action of the board of directors that

25 has been referred to the committee.

26 ‘‘(B) A motion to discharge may be made only by an individual favoring

27 the resolution and is highly privileged (except that the motion may not be

28 made after the committee has reported a resolution on the same action). De29 bate on the motion is limited to not more than one hour, to be divided equally

30 between those favoring and those opposing the resolution. An amendment to

31 the motion is not in order. A motion to reconsider the vote by which the mo32 tion is agreed to or disagreed to is not in order.

33 ‘‘(C) Motions to postpone shall be decided without debate.

34 ‘‘(D) If the motion to discharge is agreed to or disagreed to, the motion

35 may not be renewed and another motion to discharge the committee from an36 other resolution on the same action may not be made.

37 ‘‘(5)(A) After the Committee on Commerce, Science, and Transportation of

38 the Senate reports, or is discharged from further consideration of, a resolu39 tion, a motion to proceed to the consideration of the resolution is in order

40 at any time, even though a similar previous motion has been disagreed to.

41 The motion is highly privileged and is not debatable. An amendment to the
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1 motion is not in order. A motion to reconsider the vote by which the motion

2 is agreed to or disagreed to is not in order.

3 ‘‘(B) Debate in the Senate on the resolution is limited to not more than

4 10 hours, to be divided equally between those favoring and those opposing the

5 resolution. A motion further to limit debate is not debatable. An amendment

6 to, or motion to recommit, the resolution is not in order. A motion to recon7 sider the vote by which the resolution is agreed to or disagreed to is not in

8 order.

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

10 ‘‘(A) a motion to postpone consideration of a resolution.

11 ‘‘(B) a motion to proceed to the consideration of other business.

12 ‘‘(C) an appeal from a decision of the chair related to the application

13 of the rules of the Senate to the procedures related to a resolution.

14 ‘‘(7) The following procedures apply if, before the passage by one House of

15 a joint resolution of that House, that House receives from the other House

16 a joint resolution:

17 ‘‘(A) The joint resolution of the other House shall not be referred to

18 a committee and, except in the case of final passage as provided in sub19 paragraph (B) of this paragraph, may not be considered in the House

20 receiving it.

21 ‘‘(B) With respect to a joint resolution described in subparagraph (A)

22 of this paragraph of the House receiving the joint resolution—

23 ‘‘(i) the procedure in that House shall be the same as if no joint

24 resolution had been received from the other House; but

25 ‘‘(ii) the vote on final passage shall be on the joint resolution of

26 the other House.

27 ‘‘(C) On disposition of the joint resolution received from the other

28 House, consideration of the joint resolution that originated in the receiv29 ing House is not in order.

30 ‘‘§ 49108. Federal employees at Metropolitan Washington Air31 ports

32 ‘‘(a) LABOR AGREEMENTS.—(1) The Metropolitan Washington Airports

33 Authority adopted all labor agreements that were in effect on June 7, 1987.

34 Unless the parties otherwise agree, the agreements must be renegotiated before

35 June 7, 1992.

36 ‘‘(2) Employee protection arrangements made under this section shall en37 sure, during the 50-year lease term, the continuation of all collective bargain38 ing rights enjoyed by transferred employees retained by the Airports Author39 ity.

40 ‘‘(b) CIVIL SERVICE RETIREMENT.—Any Federal employee who transferred

41 to the Airports Authority and who on June 6, 1987, was subject to subchapter
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1 III of chapter 83 or chapter 84 of title 5, is subject to subchapter III of chap2 ter 83 or chapter 84 for so long as continually employed by the Airports Au3 thority without a break in service. For purposes of subchapter III of chapter

4 83 and chapter 84, employment by the Airports Authority without a break

5 in continuity of service is deemed to be employment by the United States Gov6 ernment. The Airports Authority is the employing agency for purposes of sub7 chapter III of chapter 83 and chapter 84 and shall contribute to the Civil

8 Service Retirement and Disability Fund amounts required by subchapter III

9 of chapter 83 and chapter 84.

10 ‘‘(c) ACCESS TO RECORDS.—The Airports Authority shall allow representa11 tives of the Secretary of Transportation adequate access to employees and em12 ployee records of the Airports Authority when needed to carry out a duty or

13 power related to the period before June 7, 1987. The Secretary shall provide

14 the Airports Authority access to employee records of transferring employees

15 for appropriate purposes.

16 ‘‘§ 49109. Nonstop flights

17 ‘‘An air carrier may not operate an aircraft nonstop in air transportation

18 between Washington National Airport and another airport that is more than

19 1,250 statute miles away from Washington National Airport.

20 ‘‘§ 49110. Relationship to and effect of other laws

21 ‘‘(a) SAME POWERS AND RESTRICTIONS UNDER OTHER LAWS.—To ensure

22 that the Metropolitan Washington Airports Authority has the same propri23 etary powers and is subject to the same restrictions under United States law

24 as any other airport except as otherwise provided in this chapter, during the

25 period that the lease authorized by section 6005 of the Metropolitan Washing26 ton Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–375, Public

27 Law 99–591, 100 Stat. 3341–378) is in effect—

28 ‘‘(1) the Metropolitan Washington Airports are deemed to be public

29 airports for purposes of chapter 471 of this title; and

30 ‘‘(2) the Act of June 29, 1940 (ch. 444, 54 Stat. 686), the First Sup31 plemental Civil Functions Appropriations Act, 1941 (ch. 780, 54 Stat.

32 1030), and the Act of September 7, 1950 (ch. 905, 64 Stat. 770), do not

33 apply to the operation of the Metropolitan Washington Airports, and the

34 Secretary of Transportation is relieved of all responsibility under those

35 Acts.

36 ‘‘(b) INAPPLICABILITY OF CERTAIN LAWS.—The Metropolitan Washington

37 Airports and the Airports Authority are not subject to the requirements of

38 any law solely by reason of the retention by the United States Government

39 of the fee simple title to those airports or because of the authority of the Board

40 of Review under section 49107 of this title.
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1 ‘‘(c) POLICE POWER.—Virginia has concurrent police power authority over

2 the Metropolitan Washington Airports, and the courts of Virginia may exer3 cise jurisdiction over Washington National Airport.

4 ‘‘(d) PLANNING.—(1) The authority of the National Capital Planning Com5 mission under section 5 of the Act of June 6, 1924 (40 U.S.C. 71d), does not

6 apply to the Airports Authority.

7 ‘‘(2) The Airports Authority shall consult with—

8 ‘‘(A) the Commission and the Advisory Council on Historic Preserva9 tion before undertaking any major alterations to the exterior of the main

10 terminal at Washington Dulles International Airport; and

11 ‘‘(B) the Commission before undertaking development that would alter

12 the skyline of Washington National Airport when viewed from the oppos13 ing shoreline of the Potomac River or from the George Washington Park14 way.

15 ‘‘(e) OPERATION LIMITATIONS.—The Administrator of the Federal Aviation

16 Administration may not increase the number of instrument flight rule takeoffs

17 and landings authorized for air carriers by the High Density Rule (14 C.F.R.

18 93.121 et seq.) at Washington National Airport on October 18, 1986, and may

19 not decrease the number of those takeoffs and landings except for reasons of

20 safety.

21 ‘‘§ 49111. Separability

22 ‘‘Except as provided in section 49106(f) of this title, if any provision of

23 this chapter, or the application of a provision of this chapter to a person or

24 circumstance, is held invalid, the remainder of this chapter and the applica25 tion of the provision to other persons or circumstances is not affected.’’.

26 (91) In sections 50101(a) and (b)(3), 50102, 50104(b)(1), and 50105,

27 as redesignated by clause (89)(D) of this section, strike ‘‘sections

28 47106(d) and’’ and substitute ‘‘section’’.

29 (92) In section 60101, strike ‘‘(a)’’ and substitute ‘‘(a) GEN30 ERAL.—’’.

31 (93) In section 60114(a)(9), strike ‘‘60120, 60122, and 60123’’ and

32 substitute ‘‘60120 and 60122’’.

33 (94) In section 70102(6), strike ‘‘facilities’’ and substitute ‘‘facilities

34 at that location’’.

35 (95) In section 70112(a)(3)(B), insert ‘‘(i) or (ii)’’ after ‘‘(A)’’.

36 (96) In section 70113(e)(6)(D), insert ‘‘a’’ before ‘‘resolution’’.

37 (97) In section 70117(b)(2), strike ‘‘Land Remote–Sensing Commer38 cialization Act of 1984 (15 U.S.C. 4201 et seq.)’’ and substitute ‘‘Land

39 Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)’’.

40 SEC. 6. TECHNICAL CHANGES TO OTHER LAWS.

41 (a) Effective July 5, 1994—
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1 (1) Section 4(f)(1)(S) of the Act of July 5, 1994 (Public Law 103–

2 272, 108 Stat. 1362), is amended to read as follows:

3 ‘‘(S) In section 6101(4)(B), strike ‘agency’ the 2d time it appears and

4 substitute ‘agency.’.’’.

5 (2) Section 5(e)(11) of the Act of July 5, 1994 (Public Law 103–272,

6 108 Stat. 1374), as amended by section 7(a)(4)(A) of the Act of October

7 31, 1994 (Public Law 103–429, 108 Stat. 4389), is amended to read as

8 follows:

9 ‘‘(11) In section 2516(1)(j), strike ‘section’ the first place it appears

10 and all that follows and substitute ‘section 60123(b) (relating to destruc11 tion of a natural gas pipeline) or section 46502 (relating to aircraft pi12 racy) of title 49;’.’’.

13 (b) Effective August 26, 1994, section 105(b)(2) of the Hazardous Materials

14 Transportation Act of 1994 (title I of Public Law 103–311, 108 Stat. 1674)

15 is amended to read as follows:

16 ‘‘(2) by striking ‘the State’ the first place it appears;’’.

17 (c) Effective September 30, 1994, section 335A of the Department of Trans18 portation and Related Agencies Appropriations Act, 1995 (Public Law 103–

19 331, 108 Stat. 2495) is amended to read as follows:

20 ‘‘SEC. 335A. Section 5302(a)(1) of title 49, United States Code, is amended

21 by inserting ‘payments for the capital portions of rail trackage rights agree22 ments,’ after ‘rights of way),’.’’.

23 (d) Effective October 31, 1994—

24 (1) Section 6 of the Act of October 31, 1994 (Public Law 103–429,

25 108 Stat. 4378), is amended as follows:

26 (A) Clause (41) is amended to read as follows:

27 ‘‘(41) Section 32913(b) is amended as follows:

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

29 ‘CERTIFICATION’.

30 ‘‘(B) In paragraph (1), strike ‘the penalty should be reduced’ and

31 substitute ‘a reduction in the penalty is necessary’.’’.

32 (B) Clause (44)(B) is amended to read as follows:

33 ‘‘(B) Add before the period at the end ‘of this title’.’’.

34 (2) Section 8(1) of the Act of October 31, 1994 (Public Law 103–429,

35 108 Stat. 4390), is amended by striking ‘‘1st paragraph’’ and substitut36 ing ‘‘1st paragraph related to transfer of aircraft’’.

37 (e) Effective November 2, 1994, section 10(c)(2)(A) of the Act of November

38 2, 1994 (Public Law 103–437, 108 Stat. 4589), is repealed and section 107(b)

39 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

40 450k(b)), as amended by section 105(1) of the Indian Self-Determination Act

41 (Public Law 103–413, 108 Stat. 4269), is revived and shall read as if section
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1 10(c)(2)(A) of the Act of November 2, 1994 (Public Law 103–437, 108 Stat.

2 4589), had not been enacted.

3 (f) Effective December 29, 1995, the ICC Termination Act of 1995 (Public

4 Law 104–88, 109 Stat. 809) is amended as follows:

5 (1) In section 102(b), strike ‘‘Commerce’’ and ‘‘Transpor6 tation’’ and substitute ‘‘Commerce’’ and ‘‘Transportation’’, respectively.

7 (2) In section 305(d)(6), strike ‘‘part B or (C)’’ and substitute ‘‘part

8 B or C’’.

9 (3) In section 308(j), strike ‘‘30106(d)’’ and substitute ‘‘30166(d)’’.

10 (4) Section 327 is amended as follows:

11 (A) in clause (3)(B), strike ‘‘ ‘Interstate Commerce Act’ ’’ and sub12 stitute ‘‘ ‘the Interstate Commerce Act’ in subsection (b)(3)’’.

13 (B) in clause (5), insert ‘‘(A)’’ after ‘‘(5)’’ and add at the end

14 of the clause the following:

15 ‘‘(B) by inserting after item 712 in the table of contents the fol16 lowing:

17 ‘Sec. 713. Class II railroads receiving Federal assistance.’.’’.

18 (g) Section 401 of the Federal Election Campaign Act of 1971 (2 U.S.C.

19 451) is amended by striking ‘‘such Secretary’’ and substituting ‘‘the Sec20 retary’’.

21 (h) Section 917(a)(4) of the Consumer Credit Protection Act (15 U.S.C.

22 1693o(a)(4)) is amended by striking ‘‘Civil Aeronautics Board’’ and substitut23 ing ‘‘Secretary of Transportation’’.

24 (i) In section 17(d) of the Noise Control Act of 1972 (Public Law 92–574,

25 86 Stat. 1249), strike ‘‘such terms have under the first section of the Act of

26 February 17, 1911 (45 U.S.C. 22)’’ and substitute ‘‘the term ‘railroad carrier’

27 has in section 20102 of title 49, United States Code’’.

28 (j) The Comprehensive Environmental Response, Compensation, and Li29 ability Act of 1980 (42 U.S.C. 9601 et seq.) is amended as follows:

30 (1) In section 101(26), strike ‘‘the Pipeline Safety Act’’ and substitute

31 ‘‘section 60101(a) of title 49, United States Code’’.

32 (2) In section 107(c)(1)(C), strike ‘‘the Hazardous Liquid Pipeline

33 Safety Act of 1979’’ and substitute ‘‘section 60101(a) of title 49, United

34 States Code’’.

35 (k) Section 241(2) of the Americans with Disabilities Act of 1990 (42

36 U.S.C. 12161(2)) is amended by striking ‘‘commuter service’’ and substituting

37 ‘‘commuter rail passenger transportation’’.

38 SEC. 7. REPEAL OF OTHER LAWS.

39 The following are repealed:

40 (1) Section 119 ‘‘Sec. 404(f)’’ of the Amtrak Reorganization Act of

41 1979 (Public Law 96–73, 93 Stat. 547).
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1 (2) Sections 1(a)(3) and (b), 2, and 4–6 of the Reorganization Plan

2 No. 2 of 1968 (effective June 30, 1968, 82 Stat. 1369, 1370).

3 (3) Sections 5005 and 6020 of the Intermodal Surface Transportation

4 Efficiency Act (49 U.S.C. 301(notes)).

5 (4) Section 317 of the Department of Transportation and Related

6 Agencies Appropriations Act, 1995 (49 U.S.C. 44502(note)).

7 (5) The Department of Transportation Act (Public Law 89–670, 80

8 Stat. 931).

9 (6) Sections 129 and 135 of the Airport and Airway Safety, Capacity,

10 Noise Improvement, and Intermodal Transportation Act of 1992 (Public

11 Law 102–581, 106 Stat. 4886, 4888)

12 (7) Section 27 of the Bus Regulatory Reform Act of 1982 (Public Law

13 97–261, 96 Stat. 1126).

14 (8) Section 4007(a), (c), (d), and (e) of the Intermodal Surface Trans15 portation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2151,

16 2152).

17 SEC. 8. EFFECTIVE DATE.

18 (1) The amendments made by sections 3 and 5(10)–(17), (19), (20), (52),

19 (53), (55), (61), (62), (65), (70), (78), (79), and (93)–(95) of this Act shall

20 take effect on July 5, 1994.

21 (2) The amendment made by section 5(83)(A) of this Act shall take effect

22 on October 31, 1994.

23 SEC. 9. LEGISLATIVE PURPOSE AND CONSTRUCTION.

24 (a) NO SUBSTANTIVE CHANGE.—This Act restates, without substantive

25 change, laws enacted before March 1, 1996, that were replaced by this Act.

26 This Act may not be construed as making a substantive change in the laws

27 replaced. Laws enacted after February 29, 1996, that are inconsistent with

28 this Act supersede this Act to the extent of the inconsistency.

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

30 reference in a regulation, order, or other law, is deemed to refer to the cor31 responding provision enacted by this Act.

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

33 law replaced by this Act continues in effect under the corresponding provision

34 enacted by this Act until repealed, amended, or superseded.

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

36 offense committed under a law replaced by this Act is deemed to have been

37 taken or committed under the corresponding provision enacted by this Act.

38 (e) INFERENCES.—An inference of a legislative construction is not to be

39 drawn by reason of the location in the United States Code of a provision en40 acted by this Act or by reason of a caption or catchline of the provision.
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1 (f) SEVERABILITY.—If a provision enacted by this Act is held invalid, all

2 valid provisions that are severable from the invalid provision remain in effect.

3 If a provision enacted by this Act is held invalid in any of its applications,

4 the provision remains valid for all valid applications that are severable from

5 any of the invalid applications.

6 SEC. 10. REPEALS.

7 (a) INFERENCES OF REPEAL.—The repeal of a law by this Act may not

8 be construed as a legislative inference that the provision was or was not in

9 effect before its repeal.

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

11 are repealed, except for rights and duties that matured, penalties that were

12 incurred, and proceedings that were begun before the date of enactment of this

13 Act:

Schedule of Laws Repealed

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1916 Sept. 3, 5 436 ............ .............................................................. 39 721, 722 ...... 45 65, 66

1986 Oct. 18 99–500 ...... 6001–6012 ........................................... 100 1783–373 .... ....... .......................

Oct. 30 99–591 ...... 6001–6012 ........................................... 100 3341–376 .... ....... .......................

1991 Dec. 18 102–240 .... 7001–7004 ........................................... 105 2197 ............ ....... .......................