IIA

104TH CONGRESS

2D SESSION H. R. 2297

IN THE SENATE OF THE UNITED STATES

JULY 31, 1996

Received; read twice and referred to the Committee on the Judiciary

AN ACT

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 Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TITLE 18, UNITED STATES CODE.

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

5 (1) In the matter before clause (1), strike ‘‘the Automobile Informa6 tion Disclosure Act, the Motor Vehicle Information and Cost Saving
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1 Act, the National Traffic and Motor Vehicle Safety Act of 1966, the

2 Anti-Car Theft Act of 1992, and the Clean Air Act’’ and substitute ‘‘ti3 tles I and IV of the Anti Car Theft Act of 1992, the Automobile Infor4 mation Disclosure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42

5 U.S.C. 7401 et seq.), and chapters 301, 305, and 321–331 of title 49’’.

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

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

8 of title 49’’.

9 SECTION 2. TITLE 23, UNITED STATES CODE

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

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

12 SECTION 3. TITLE 28, UNITED STATES CODE.

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

14 60 of Title 45’’ and substitute ‘‘sections 1–4 and 5–10 of the Act of April

15 22, 1908 (45 U.S.C. 51–54, 55–60)’’.

16 SECTION 4. TITLE 31, UNITED STATES CODE.

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

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

19 clauses (26) through the end.

20 (2) Section 9101 is amended as follows:

21 (A) Clause (2)(J) is repealed.

22 (B) Redesignate clauses (2)(K) through the end as clauses

23 (2)(J) through the end.

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

25 (D) Clause (3)(N), as added by section 902(b) of the Energy

26 Policy Act of 1992 (Public Law 102–486, 106 Stat. 2944), is re27 designated as clause (3)(O).

28 SECTION 5. TITLE 49, UNITED STATES CODE.

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

30 (1) In section 106(b), strike ‘‘the date of the enactment of this sen31 tence’’ and substitute ‘‘August 23, 1994,’’.

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

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

34 (3) Section 329 is amended as follows:

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

36 such Act)’’ and substitute ‘‘(as that term is used in part A of sub37 title VII of this title)’’.

38 (B) In subsection (d), strike ‘‘that Act’’ and substitute ‘‘that

39 part’’.

40 (4) In section 521(b)(1)(B), strike ‘‘the date of enactment of this

41 subparagraph’’ and substitute ‘‘November 3, 1990’’.
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1 (5) Section 701(b)(4) is amended as follows:

2 (A) Strike ‘‘the effective date of this section’’ and substitute

3 ‘‘January 1, 1996’’.

4 (B) Strike ‘‘the date of the enactment of the ICC Termination

5 Act of 1995’’ and substitute ‘‘December 29, 1995,’’.

6 (6) In section 702, strike ‘‘the effective date of such Act’’ and sub7 stitute ‘‘January 1, 1996’’.

8 (7) In section 726(a), strike ‘‘the date of enactment of the ICC Ter9 mination Act of 1995’’ and substitute ‘‘December 29, 1995’’.

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

11 ‘‘section 5115 of this title’’.

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

13 5334(b)(1), 5335(b)–(d), 31134(c)(1)(B) and (C) and (2),

14 40112(e)(2), 41105(b), 41310(f), 41714(e)(2), 42104(b), 44506(d),

15 44913(a)(2), 47107(k), 48102(d)(2), and 48109, strike ‘‘Public Works

16 and Transportation’’ and substitute ‘‘Transportation and Infrastruc17 ture’’.

18 (10) Section 5303 is amended as follows:

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

20 ‘‘subsection (b)’’.

21 (B) In subsection (h)(4), strike ‘‘section 5338(g)(1)’’ and sub22 stitute ‘‘section 5338(g)’’.

23 (11) Section 5307 is amended as follows:

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

25 or’’.

26 (B) In subsection (a)(2)(B), strike ‘‘transportation; or’’ and

27 substitute ‘‘transportation.’’.

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

29 (12) Section 5309 is amended as follows:

30 (A) In subsection (a)—

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

32 (ii) redesignate clauses (1)–(7) as clauses (A)–(G), respec33 tively;

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

35 and (ii), respectively; and

36 (iv) insert at the end the following:

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

38 loans under this subsection be subject to all terms, conditions, requirements,

39 and provisions the Secretary decides are necessary or appropriate for the

40 purposes of this section, including requirements for the disposition of net
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1 increases in value of real property resulting from the project assisted under

2 this section.’’.

3 (B) In subsection (e)(4)(B), strike ‘‘paragraph (1)(B)’’ and sub4 stitute ‘‘paragraph (2)’’.

5 (C) In subsection (m)(1)(A), insert ‘‘rail’’ before ‘‘fixed guide6 way modernization’’.

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

8 substituting ‘‘5307 and 5309’’.

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

10 (A) In subparagraph (C), strike ‘‘under this paragraph’’ and

11 substitute ‘‘under subparagraph (B) of this paragraph’’.

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

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

14 section 5307)’’ wherever it appears.

15 (16) The catchline for section 5325(d) is amended by striking ‘‘MAN16 AGEMENT, ARCHITECTURAL, AND ENGINEERING CONTRACTS.’’ and

17 substituting ‘‘ARCHITECTURAL, ENGINEERING, AND DESIGN CON18 TRACTS.’’.

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

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

21 project under section 5309’’.

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

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

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

25 ‘‘An urbanized area with a population of at least 750,000 in which

26 commuter rail transportation is provided shall receive at least .75 per27 cent of the total amount apportioned under this subparagraph.’’.

28 (B) Strike subparagraph (C).

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

30 (C) and (D), respectively.

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

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

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

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

35 (22) In section 10701(d)(3), strike ‘‘the effective date of this para36 graph’’ and substitute ‘‘January 1, 1996’’.

37 (23) In section 10704(d), strike ‘‘the effective date of the ICC Ter38 mination Act of 1995’’ and substitute ‘‘January 1, 1996’’.

39 (24) In sections 10706(a)(5)(C) and 10709(e), strike ‘‘the effective

40 date of the Staggers Rail Act of 1980’’ and substitute ‘‘October 1,

41 1980,’’.
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1 (25) In sections 11101(f) and 11301(f), strike ‘‘the effective date of

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

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

4 as follows:

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

6 BROKERS, AND FREIGHT FORWARDERS’’.

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

8 ‘‘CHAPTER 131—GENERAL PROVISIONS’’.

9 (27) Section 13102 is amended as follows:

10 (A) In clause (4)(A), strike—

11 (i) ‘‘the effective date of this section’’ and substitute ‘‘Jan12 uary 1, 1996’’; and

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

14 substitute ‘‘December 31, 1995’’.

15 (B) In clause (4)(B), strike ‘‘on or after such date’’ and sub16 stitute ‘‘after December 31, 1995’’.

17 (28) Section 13703 is amended as follows:

18 (A) In subsection (e), strike—

19 (i) ‘‘the day before the effective date of this section’’ and

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

21 (ii) ‘‘such effective date’’ and substitute ‘‘January 1,

22 1996’’.

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

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

25 (29) Section 13709 is amended as follows:

26 (A) In subsection (a)(1) and (3), strike ‘‘the day before the ef27 fective date of this section’’ and substitute ‘‘December 31, 1995’’.

28 (B) In subsection (e), strike—

29 (i) ‘‘the effective date of this section’’ and substitute ‘‘Jan30 uary 1, 1996’’; and

31 (ii) ‘‘the day before such effective date’’ and substitute

32 ‘‘December 31, 1995’’.

33 (30) Section 13710 is amended as follows:

34 (A) In subsection (a)(4), strike ‘‘the effective date of this sec35 tion’’ and substitute ‘‘January 1, 1996,’’.

36 (B) In subsection (b), strike—

37 (i) ‘‘the day before the effective date of this section’’ and

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

39 (ii) ‘‘the effective date of this section’’ and substitute ‘‘Jan40 uary 1, 1996,’’.

41 (31) Section 13711 is amended as follows:
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1 (A) In subsection (a), strike—

2 (i) ‘‘or, before the effective date of this section’’ and sub3 stitute ‘‘or, before January 1, 1996’’;

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

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

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

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

8 (B) In subsection (d), strike—

9 (i) ‘‘the effective date of this section’’ and substitute ‘‘Jan10 uary 1, 1996’’; and

11 (ii) ‘‘the day before such effective date’’ and substitute

12 ‘‘December 31, 1995’’.

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

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

15 (32) Section 13902 is amended as follows:

16 (A) In subsection (b)(8)(A)—

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

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

19 (iii) strike ‘‘the effective date of this subsection’’ and sub20 stitute ‘‘January 1, 1996,’’.

21 (B) In subsection (b)(8)(B), strike ‘‘the effective date of this

22 paragraph’’ and substitute ‘‘January 1, 1996,’’.

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

24 day before the effective date of this section’’ and substitute ‘‘De25 cember 31, 1995’’.

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

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

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

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

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

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

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

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

34 and substitute ‘‘December 31, 1995’’.

35 (36) Section 13908 is amended as follows:

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

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

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

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

40 (37) Section 14302 is amended as follows:
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1 (A) In subsection (c)(4), strike ‘‘the effective date of this sec2 tion’’ 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

6 date 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

10 of 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

17 follows:

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

22 amended 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 fol33 lows:
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1 ‘‘SUBCHAPTER B—OPERATIONS OF CARRIERS’’.

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

3 this 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 Fed10 eral Railroad Safety Authorization Act of 1994’’ and substitute

11 ‘‘November 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),

15 and 24903(a), strike ‘‘Committee on Energy and Commerce’’ and sub16 stitute ‘‘Committee on Transportation and Infrastructure’’.

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

18 date of enactment of the Federal Railroad Safety Authorization Act of

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

20 (50) In section 20152(b), strike ‘‘the date of enactment of this sec21 tion’’ and ‘‘that date’’ and substitute ‘‘November 2, 1994’’ and ‘‘No22 vember 2, 1994,’’, respectively.

23 (51) In section 20153(g), strike ‘‘the date of enactment of this sec24 tion’’ 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

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

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

32 this title is liable’’ and substitute ‘‘Secretary under chapter 201

33 is liable’’.

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

35 substitute ‘‘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—STANDARD WORK DAY

‘‘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

12 another 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

25 or transfer facilities to other railroads; or

26 ‘‘(B) engaged in transfers of freight between railroads or be27 tween railroads and industrial plants.

28 ‘‘§ 28302. Penalties

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

30 18, imprisoned not more one year, or both.’’.

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

‘‘283. STANDARD WORK DAY ............................................................................... 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 Com35 merce and Public Works and Transportation’’ and substitute ‘‘Commit36 tees on 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

2 ‘‘the date of the enactment of this paragraph’’ and substitute ‘‘Novem3 ber 28, 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

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

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

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

11 ‘‘(A) Disclosure of the cumulative mileage registered on the odom12 eter.

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

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

15 the vehicle has actually traveled.

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

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

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

19 ‘‘(3) A person acquiring a motor vehicle for resale may not accept a writ20 ten disclosure under this section unless it is complete.’’.

21 (B) In subsection (b)(3)(A), strike ‘‘may’’ and ‘‘only if’’ and

22 substitute ‘‘may not’’ and ‘‘unless’’, respectively.

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

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

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

26 D and item 491 and substitute—

27 ‘‘PART D—RESERVED

28 ‘‘PART E—MISCELLANEOUS

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

29 (65) In section 40109(c)—

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

31 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–

32 41709, 41711, 41712, and 41731–41742,’’ and substitute ‘‘chap33 ter 413 (except sections 41307 and 41310(b)–(f)), chapter 415

34 (except sections 41502, 41505, and 41507–41509), chapter 417

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

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

37 and 46301(b)’’.

38 (66) In section 40116(d)(2)(A)(iv), strike ‘‘Levy’’ and ‘‘the date of

39 enactment of this clause’’ and substitute ‘‘levy’’ and ‘‘August 23,

40 1994’’, respectively.
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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 ‘‘TRANSPOR7 TATION BY FOREIGN AIR CARRIERS’’ and substitute ‘‘CERTAIN

8 TRANSPORTATION 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)

11 No’’.

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

13 ‘‘§ 40121. Interstate agreements for airport facilities

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

15 a law of the United States, with another State to develop or operate an air16 port facility.’’.

17 (B) In the analysis for chapter 401, insert after item 40120 the fol18 lowing:

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

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

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

21 than a charter air carrier may provide charter trips or other special services

22 without regard to the places named or type of transportation specified in

23 its certificate.’’.

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

25 (72) In section 41312(a)(1), insert ‘‘of Transportation’’ after ‘‘Sec26 retary’’.

27 (73) In section 41715(a), strike ‘‘Secretary’s’’ and substitute ‘‘Sec28 retary of Transportation’s’’.

29 (74) In sections 44501(c)(1), 44511(e), 48102(c)(2)(A) and (d)(2),

30 and 70112(d)(1), strike ‘‘Science, Space, and Technology’’ and sub31 stitute ‘‘Science’’.

32 (75) Section 44502 is amended as follows:

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

34 ‘‘To ensure’’.

35 (B) Strike subsection (e) and redesignate subsection (f) as sub36 section (e).

37 (76) In section 45301(c)(5), strike ‘‘the date of the enactment of

38 this subsection’’ and substitute ‘‘August 23, 1994,’’.

39 (77) Section 46301 is amended as follows:

40 (A) In subsection (a)(1)(A)—
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1 (i) strike ‘‘any of sections 41301–41306, 41308–41310(a),

2 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702,

3 41705–41709, 41711, 41712, or 41731–41742,’’ and sub4 stitute ‘‘chapter 413 (except sections 41307 and 41310(b)–

5 (f)), chapter 415 (except sections 41502, 41505, and 41507–

6 41509), chapter 417 (except sections 41703, 41704, 41710,

7 41713, and 41714),’’;

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

9 44716, 44901, 44903(b) or (c), 44905, 44906,

10 44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938,’’

11 and substitute ‘‘section 44502(b) or (c), chapter 447 (except

12 sections 44717 and 44719–44723), chapter 449 (except sec13 tions 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and

14 (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,

19 44912–44915, or 44932–44938’’ and substitute ‘‘, section

20 44502(b) or (c), chapter 447 (except sections 44717–44723), or

21 chapter 449 (except sections 44902, 44903(d), 44904, and 44907–

22 44909)’’.

23 (C) Adjust the margins of clauses (A) and (B) of subsection

24 (a)(3) to be the same as clauses (A) and (B) of subsection (a)(2).

25 (D) In subsection (c)(1)(A)—

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

27 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702,

28 41705–41709, 41711, 41712, or 41731–41742,’’ and sub29 stitute ‘‘chapter 413 (except sections 41307 and 41310(b)–

30 (f)), chapter 415 (except sections 41502, 41505, and 41507–

31 41509), chapter 417 (except sections 41703, 41704, 41710,

32 41713, and 41714),’’;

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

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

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

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

37 44907(d)(1)(B), 44912–44915, 44932–44938,’’ and substitute

38 ‘‘section 44502(b) or (c), chapter 447 (except sections 44717 and

39 44719–44723), chapter 449 (except sections 44902, 44903(d),

40 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),

41 or section’’.
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1 (F) In subsection (f)(1)(A)(i), strike ‘‘or any of sections

2 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905,

3 44906, 44907(d)(1)(B), 44912–44915, or 44932–44938’’ and

4 substitute ‘‘section 44502(b) or (c), chapter 447 (except sections

5 44717 and 44719–44723), or chapter 449 (except sections 44902,

6 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908,

7 and 44909)’’.

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

9 (79) In section 46316(b), strike ‘‘and sections 44701(a) and (b),

10 44702–44716, 44901, 44903(b) and (c), 44905, 44906, 44912–44915,

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

12 44717–44723), and chapter 449 (except sections 44902, 44903(d),

13 44904, and 44907–44909)’’.

14 (80) In section 47107(l)(1), strike ‘‘the date of the enactment of

15 this subsection’’ and substitute ‘‘August 23, 1994’’.

16 (81) Section 47115 is amended as follows:

17 (A) Subsection (f)(2) as enacted by section 112(d) of the Fed18 eral Aviation Administration Authorization Act of 1994 (Public

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

20 of the enactment of this subsection’’ and substituting ‘‘August 23,

21 1994’’.

22 (B) Subsection (f) as enacted by section 6(67) of the Act of Oc23 tober 31, 1994 (Public Law 103–429, 108 Stat. 4386), is redesig24 nated subsection (g).

25 (82) Section 47117 is amended as follows:

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

27 ‘‘47504(c)’’.

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

29 ‘‘47105(f)’’.

30 (83) Section 47118 is amended as follows:

31 (A) In subsection (a), strike ‘‘on or before the date of the enact32 ment of this sentence’’ and substitute ‘‘before August 24, 1994’’.

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

34 of this title, not’’ and substitute ‘‘Not’’.

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

36 (85) Section 47129 is amended as follows:

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

38 ‘‘of this title’’.

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

40 enactment of this section’’ and substitute ‘‘August 23, 1994’’.
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1 (C) In subsection (e)(3), strike ‘‘such date of enactment’’ and

2 substitute ‘‘August 23, 1994’’.

3 (86) In section 47509(d), strike ‘‘the date of the enactment of this

4 section’’ and substitute ‘‘August 23, 1994’’.

5 (87) In the catchline for section 48104(b), strike ‘‘YEARS’’ and sub6 stitute ‘‘YEAR’’.

7 (88)(A) Part D of subtitle VII is redesignated as part E.

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

9 (C) Items 49101–49105 in the analysis of chapter 501, as redesig10 nated by subparagraph (B) of this paragraph, are redesignated as

11 items 50101–50105.

12 (D) Sections 49101–49105 are redesignated as sections 50101–

13 50105.

14 (89) In sections 50101(a) and (b)(3), 50102, 50104(b)(1), and

15 50105, as redesignated by clause (88)(D) of this section, strike ‘‘sec16 tions 47106(d) and’’ and substitute ‘‘section’’.

17 (90) In section 60101, strike ‘‘(a)’’ and substitute ‘‘(a)

18 GENERAL.—’’.

19 (91) In section 60114(a)(9), strike ‘‘60120, 60122, and 60123’’ and

20 substitute ‘‘60120 and 60122’’.

21 (92) In section 70102(6), strike ‘‘facilities’’ and substitute ‘‘facilities

22 at that location’’.

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

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

25 (95) In section 70117(b)(2), strike ‘‘Land Remote–Sensing Commer26 cialization Act of 1984 (15 U.S.C. 4201 et seq.)’’ and substitute ‘‘Land

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

28 SEC. 6. TECHNICAL CHANGES TO OTHER LAWS.

29 (a) Effective July 5, 1994—

30 (1) Section 4(f)(1)(S) of the Act of July 5, 1994 (Public Law 103–

31 272, 108 Stat. 1362), is amended to read as follows:

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

33 and substitute ‘agency.’.’’.

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

35 272, 108 Stat. 1374), as amended by section 7(a)(4)(A) of the Act of

36 October 31, 1994 (Public Law 103–429, 108 Stat. 4389), is amended

37 to read as follows:

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

39 and all that follows and substitute ‘section 60123(b) (relating to de40 struction of a natural gas pipeline) or section 46502 (relating to air41 craft piracy) of title 49;’.’’.
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1 (b) Effective August 26, 1994, section 105(b)(2) of the Hazardous Mate2 rials Transportation Act of 1994 (title I of Public Law 103–311, 108 Stat.

3 1674) is amended to read as follows:

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

5 (c) Effective September 30, 1994, section 335A of the Department of

6 Transportation and Related Agencies Appropriations Act, 1995 (Public Law

7 103–331, 108 Stat. 2495) is amended to read as follows:

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

9 amended by inserting ‘payments for the capital portions of rail trackage

10 rights agreements,’ after ‘rights of way),’.’’.

11 (d) Effective October 31, 1994—

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

13 108 Stat. 4378), is amended as follows:

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

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

16 ‘‘(A) In the catchline, strike ‘PENALTY REDUCTION’ and sub17 stitute ‘CERTIFICATION’.

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

19 and substitute ‘a reduction in the penalty is necessary’.’’.

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

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

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

23 429, 108 Stat. 4390), is amended by striking ‘‘1st paragraph’’ and

24 substituting ‘‘1st paragraph related to transfer of aircraft’’.

25 (e) Effective November 2, 1994, section 10(c)(2)(A) of the Act of Novem26 ber 2, 1994 (Public Law 103–437, 108 Stat. 4589), is repealed and section

27 107(b) of the Indian Self-Determination and Education Assistance Act (25

28 U.S.C. 450k(b)), as amended by section 105(1) of the Indian Self-Deter29 mination Act (Public Law 103–413, 108 Stat. 4269), is revived and shall

30 read as if section 10(c)(2)(A) of the Act of November 2, 1994 (Public Law

31 103–437, 108 Stat. 4589), had not been enacted.

32 (f) Effective December 29, 1995, the ICC Termination Act of 1995 (Pub33 lic Law 104–88, 109 Stat. 809) is amended as follows:

34 (1) In section 102(b), strike ‘‘Commerce’’ and ‘‘Transpor35 tation’’ and substitute ‘‘Commerce’’ and ‘‘Transportation’’, respec36 tively.

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

38 B or C’’.

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

40 (4) Section 327 is amended as follows:
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1 (A) in clause (3)(B), strike ‘‘ ‘Interstate Commerce Act’ ’’ and

2 substitute ‘‘ ‘the Interstate Commerce Act’ in subsection (b)(3)’’.

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

4 of the clause the following:

5 ‘‘(B) by inserting after item 712 in the table of contents the fol6 lowing:

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

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

9 451) is amended by striking ‘‘such Secretary’’ and substituting ‘‘the Sec10 retary’’.

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

12 1693o(a)(4)) is amended by striking ‘‘Civil Aeronautics Board’’ and sub13 stituting ‘‘Secretary of Transportation’’.

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

15 574, 86 Stat. 1249), strike ‘‘such terms have under the first section of the

16 Act of February 17, 1911 (45 U.S.C. 22)’’ and substitute ‘‘the term ‘rail17 road carrier’ has in section 20102 of title 49, United States Code’’.

18 (j) The Comprehensive Environmental Response, Compensation, and Li19 ability Act of 1980 (42 U.S.C. 9601 et seq.) is amended as follows:

20 (1) In section 101(26), strike ‘‘the Pipeline Safety Act’’ and sub21 stitute ‘‘section 60101(a) of title 49, United States Code’’.

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

23 Safety Act of 1979’’ and substitute ‘‘section 60101(a) of title 49, Unit24 ed States Code’’.

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

26 U.S.C. 12161(2)) is amended by striking ‘‘commuter service’’ and substitut27 ing ‘‘commuter rail passenger transportation’’.

28 SEC. 7. REPEAL OF OTHER LAWS.

29 The following are repealed:

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

31 1979 (Public Law 96–73, 93 Stat. 547).

32 (2) Sections 1(a)(3) and (b), 2, and 4–6 of the Reorganization Plan

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

34 (3) Sections 5005 and 6020 of the Intermodal Surface Transpor35 tation Efficiency Act (49 U.S.C. 301(notes)).

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

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

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

39 Stat. 931).
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1 (6) Sections 129 and 135 of the Airport and Airway Safety, Capac2 ity, Noise Improvement, and Intermodal Transportation Act of 1992

3 (Public Law 102–581, 106 Stat. 4886, 4888)

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

5 Law 97–261, 96 Stat. 1126).

6 (8) Section 4007(a), (c), (d), and (e) of the Intermodal Surface

7 Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat.

8 2151, 2152).

9 SEC. 8. EFFECTIVE DATE.

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

11 (52), (53), (55), (61), (62), (65), (70), (77), (78), and (91)–(93) of this

12 Act shall take effect on July 5, 1994.

13 (2) The amendment made by section 5(82)(A) of this Act shall take effect

14 on October 31, 1994.

15 SEC. 9. LEGISLATIVE PURPOSE AND CONSTRUCTION.

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

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

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

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

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

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

22 a reference in a regulation, order, or other law, is deemed to refer to the

23 corresponding provision enacted by this Act.

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

25 a law replaced by this Act continues in effect under the corresponding provi26 sion enacted by this Act until repealed, amended, or superseded.

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

28 an offense committed under a law replaced by this Act is deemed to have

29 been taken or committed under the corresponding provision enacted by this

30 Act.

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

32 drawn by reason of the location in the United States Code of a provision

33 enacted by this Act or by reason of a caption or catchline of the provision.

34 (f) SEVERABILITY.—If a provision enacted by this Act is held invalid, all

35 valid provisions that are severable from the invalid provision remain in ef36 fect. If a provision enacted by this Act is held invalid in any of its applica37 tions, the provision remains valid for all valid applications that are severable

38 from any of the invalid applications.
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1 SEC. 10. REPEALS.

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

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

4 effect before its repeal.

5 (b) REPEALER SCHEDULE.—The law specified in the following schedule

6 is repealed, except for rights and duties that matured, penalties that were

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

8 this 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

Passed the House of Representatives July 30, 1996.

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE,

Deputy Clerk.