H. R. 4778
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To codify without substantive change recent laws related to transportation and
to improve the United States Code.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TITLE 11, UNITED STATES CODE.
Section 365 of title 11, United States Code, is amended as follows:
(1) In subsection (d)(6)(C), strike ‘‘section 101 of the Federal
Aviation Act of 1958 (49 App. U.S.C. 1301)’’ and substitute
‘‘section 40102(a) of title 49’’.
(2) In subsection (p), strike ‘‘section 101(3) of the Federal
Aviation Act of 1958’’ and substitute ‘‘section 40102(a) of title
49’’.
SEC. 2. TITLE 18, UNITED STATES CODE.
Title 18, United States Code, is amended as follows:
(1) In section 2333(b), strike ‘‘section 902(i), (k), (l), (n), or
(r) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472(i),
(k), (l), (n), or (r))’’ and substitute ‘‘section 46314, 46502, 46505,
or 46506 of title 49’’.
(2) In section 2340(3), strike ‘‘section 101(38) of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1301(38))’’ and substitute
‘‘section 46501(2) of title 49’’.
SEC. 3. TITLE 23, UNITED STATES CODE.
Title 23, United States Code, is amended as follows:
(1) In section 103(i)(3), strike ‘‘the Federal Transit Act’’ and
substitute ‘‘chapter 53 of title 49’’.
(2) In section 108(d)(2)(F), strike ‘‘section 4(f) of the Depart-
ment of Transportation Act’’ and substitute ‘‘section 303 of
title 49’’.
(3) In section 127(d)(2)(A), strike ‘‘sections 411, 412, and
416 of the Surface Transportation Assistance Act of 1982 (49
U.S.C. App. 2311, 2312, and 2316)’’ and substitute ‘‘sections
31111–31114 of title 49’’.
(4) In section 133(b)(2), strike ‘‘the Federal Transit Act’’ and
substitute ‘‘chapter 53 of title 49’’.
(5) Section 134 is amended as follows:
(A) In subsections (h)(5) and (i)(3) and (4), strike ‘‘the
Federal Transit Act’’ and substitute ‘‘chapter 53 of title
49’’.
(B) In subsection (i)(5), strike ‘‘section 9 of the Federal
Transit Act’’ wherever it appears and ‘‘section 8(o) of the
H. R. 4778—2
Federal Transit Act’’ and substitute ‘‘section 5336 of title
49’’ and ‘‘section 5306(a) of title 49’’, respectively.
(C) In subsections (k)–(m), strike ‘‘the Federal Transit
Act’’ wherever it appears and substitute ‘‘chapter 53 of
title 49’’.
(D) In subsection (k), strike ‘‘Federal Transit Act funds’’
and substitute ‘‘chapter 53 funds’’.
(6) Section 135 is amended as follows:
(A) In subsection (f)(2), strike ‘‘the Federal Transit Act’’
and substitute ‘‘chapter 53 of title 49’’.
(B) In subsection (h), strike ‘‘section 8 of the Federal
Transit Act, United States Code’’ and ‘‘section 8 of such
Act’’ and substitute ‘‘sections 5303–5306 and 5323(k) of
title 49’’ and ‘‘sections 5303–5306 and 5323(k)’’, respec-
tively.
(7) In section 141(b), strike ‘‘section 411(j) of the Surface
Transportation Assistance Act of 1982 (49 U.S.C. App. 2311(j))’’
and substitute ‘‘section 31112 of title 49’’.
(8) In section 303(c), strike ‘‘the Federal Transit Act’’ and
substitute ‘‘chapter 53 of title 49’’.
(9) In section 303(d), strike ‘‘the Federal Transit Act’’ and
‘‘such Act’’ and substitute ‘‘chapter 53 of title 49’’ and ‘‘chapter
53’’, respectively.
(10) In section 307(e)(13), strike ‘‘section 26(a)(1) of the Fed-
eral Transit Act’’ and substitute ‘‘section 5313(a) of title 49’’.
SEC. 4. TITLE 26, UNITED STATES CODE.
Section 9503(e)(3)(A) of the Internal Revenue Code of 1986 (26
U.S.C. 9503(e)(3)(A)) is amended by striking ‘‘paragraph (1) or (3)
of subsection (a), or paragraph (1) or (3) of subsection (b), of section
21 of the Federal Transit Act’’ and substituting ‘‘section 5338(a)(1)
or (b)(1) of title 49’’.
SEC. 5. TITLE 39, UNITED STATES CODE.
Section 5402(g)(1)(A) of title 39, United States Code, is amended
by striking ‘‘section 401 of the Federal Aviation Act of 1958 (49
U.S.C. 1371)’’ and substituting ‘‘section 41102(a) of title 49’’.
SEC. 6. TITLE 49, UNITED STATES CODE.
Title 49, United States Code, is amended as follows:
(1) In section 112(e), strike ‘‘the date of the enactment of
this section’’ and substitute ‘‘October 24, 1992’’.
(2) In section 321, strike ‘‘, respectively’’.
(3) Section 5103(b)(2) is amended as follows:
(A) Strike ‘‘include’’ and substitute ‘‘be conducted under
section 553 of title 5, including’’.
(B) Strike ‘‘presentations’’ and substitute ‘‘presentation’’.
(4) In section 5104(a)(1), insert ‘‘applicable’’ after ‘‘each’’.
(5) In section 5115(b)(1)(C), strike ‘‘126’’ and substitute
‘‘126(g)’’.
(6) In section 5125(a) and (b)(1), insert ‘‘and unless authorized
by another law of the United States’’ after ‘‘section’’.
(7) Section 5307(d) is amended as follows:
(A) In clause (1)(D), strike ‘‘chapter’’ and substitute
‘‘section’’.
(B) In clause (1)(E)(iii), strike ‘‘Buy-American’’ and sub-
stitute ‘‘Buy America’’.
(8) In section 5318(e), insert ‘‘Uniform’’ before ‘‘Relocation’’.
H. R. 4778—3
(9) In section 5320(g)(2), strike ‘‘paragraph (1)(C) of this
section’’ and substitute ‘‘paragraph (1)(C) of this subsection’’.
(10) Section 5323 is amended as follows:
(A) in the catchline for subsection (j), strike ‘‘AMERICAN’’
and substitute ‘‘AMERICA’’.
(B) Add at the end of the section the following:
‘‘(l) PREAWARD AND POSTDELIVERY REVIEW OF ROLLING STOCK
PURCHASES.—The Secretary of Transportation shall prescribe regu-
lations requiring a preaward and postdelivery review of a grant
under this chapter to buy rolling stock to ensure compliance with
Government motor vehicle safety requirements, subsection (j) of
this section, and bid specifications requirements of grant recipients
under this chapter. Under this subsection, independent inspections
and review are required, and a manufacturer certification is not
sufficient.’’.
(11) In section 5326(a)(3), strike ‘‘regulations’’ and substitute
‘‘guidelines’’.
(12) In section 5327(c)(1), strike ‘‘of that Act’’ and substitute
‘‘or that Act’’.
(13) In section 5331(a)(3), strike ‘‘subchapter III of chapter
201 or section 31306’’ and substitute ‘‘section 20140 or 31306’’.
(14) In section 5337(a)(4), strike ‘‘section 5336(B)(2)(A)’’ and
substitute ‘‘section 5336(b)(2)(A) of this title’’.
(15) In the catchline of section 5565, insert ‘‘certain’’ after
‘‘converting’’.
(16) In section 11301(b)(1), strike ‘‘subchapter I of chapter
2A, chapter 2B, and subchapter I of chapter 2D of title 15’’
and substitute ‘‘the Securities Act of 1933 (15 U.S.C. 77a et
seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et
seq.), and the Investment Company Act of 1940 (15 U.S.C.
80a–1 et seq.)’’.
(17) In section 11348(a), strike ‘‘(l)(1)’’ and substitute ‘‘(m)(1)’’.
(18) In section 11706(d), strike ‘‘that limitation periods’’ and
substitute ‘‘those limitation periods’’.
(19) In section 20136(2), strike ‘‘subsection’’ and substitute
‘‘section’’.
(20) In section 22108(a)(3), insert ‘‘under this subsection’’
after ‘‘appropriated’’.
(21) Section 24501 is amended as follows:
(A) In subsection (f), strike ‘‘(f) EXEMPTION FROM ADDI-
TIONAL TAXES.—(1)’’ through the end of paragraph (1) and
substitute the following:
‘‘(f) EXEMPTION
FROM
ADDITIONAL
TAXES.—(1) In this sub-
section—
‘‘(A) ‘additional tax’ means a tax or fee—
‘‘(i) on the acquisition, improvement, ownership, or oper-
ation of personal property by Amtrak Commuter; and
‘‘(ii) on real property, except a tax or fee on the acquisi-
tion of real property or on the value of real property not
attributable to improvements made, or the operation of
those improvements, by Amtrak Commuter.
‘‘(B) ‘Amtrak Commuter’ includes a rail carrier subsidiary
of Amtrak Commuter and a lessor or lessee of Amtrak Com-
muter or one of its rail carrier subsidiaries.’’.
(B) In subsection (f)(2), insert ‘‘, even if that use is
indirect’’ after ‘‘transportation’’.
H. R. 4778—4
(22) In section 24904(a)(2), insert ‘‘, by condemnation or other-
wise,’’ after ‘‘acquire’’.
(23) Sections 30141(c)(4)(A) and 30165(a) are amended as
follows:
(A) Strike ‘‘section 30112’’ and substitute ‘‘any of sections
30112’’.
(B) Insert ‘‘any of’’ before ‘‘those sections’’ each place
it appears.
(24) In section 30166(h), strike ‘‘the judicial’’ and substitute
‘‘any judicial’’.
(25) In section 30308(b), strike ‘‘appropriated’’ and substitute
‘‘authorized’’.
(26) In section 31501(1), strike ‘‘section 203(f)’’ and substitute
‘‘section 3(f)’’.
(27) In section 32101, the matter before clause (1) is
amended to read as follows:
‘‘In this part (except chapter 329 and except as provided in
section 33101)—’’.
(28) Item 32309 in the analysis of chapter 323 is amended
to read as follows:
‘‘32309. Civil penalty for labeling violations.’’.
(29) Section 32304(a)(11) is amended to read as follows:
‘‘(11) ‘passenger motor vehicle’ has the same meaning given
that term in section 32101(10) of this title, except that it
includes any multi-purpose vehicle or light duty truck when
that vehicle or truck is rated at not more than 8,500 pounds
gross vehicle weight.’’.
(30) Section 32304(a)(14) is amended as follows:
(A) Insert ‘‘the Northern Mariana Islands,’’ after ‘‘Puerto
Rico,’’.
(B) Strike ‘‘the Canal Zone,’’.
(31) In the catchline of section 32309, strike ‘‘Criminal’’
and substitute ‘‘Civil’’.
(32) In section 32505(b)(3), strike ‘‘the judicial’’ and ‘‘was
conducted’’ and substitute ‘‘any judicial’’ and ‘‘is conducted’’,
respectively.
(33) In section 32703(3), strike ‘‘public’’.
(34) Section 32705(c)(2)(A) is amended to read as follows:
‘‘(A) the lessee’s mileage disclosure requirements under para-
graph (1) of this subsection; and’’.
(35) In section 32706(e)(3), strike ‘‘the judicial’’ and ‘‘was
conducted’’ and substitute ‘‘any judicial’’ and ‘‘is conducted’’,
respectively.
(36) Section 32904(b) is amended as follows:
(A) Redesignate paragraphs (3)–(6) as paragraphs (5)–
(8), respectively.
(B) Strike ‘‘(b) SEPARATE CALCULATIONS FOR PASSENGER
AUTOMOBILES MANUFACTURED DOMESTICALLY
AND NOT
DOMESTICALLY.—(1)’’ through the end of paragraph (2) and
substitute the following:
‘‘(b) SEPARATE
CALCULATIONS
FOR
PASSENGER
AUTOMOBILES
MANUFACTURED DOMESTICALLY
AND NOT DOMESTICALLY.—(1)(A)
Except as provided in paragraphs (6) and (7) of this subsection,
the Administrator shall make separate calculations under sub-
section (a)(1)(B) of this section for—
H. R. 4778—5
‘‘(i) passenger automobiles manufactured domestically by a
manufacturer (or included in this category under paragraph
(5) of this subsection); and
‘‘(ii) passenger automobiles not manufactured domestically
by that manufacturer (or excluded from this category under
paragraph (5) of this subsection).
‘‘(B) Passenger automobiles described in subparagraph (A) (i)
and (ii) of this paragraph are deemed to be manufactured by sepa-
rate manufacturers under this chapter.
‘‘(2) In this subsection (except as provided in paragraph (3)),
a passenger automobile is deemed to be manufactured domestically
in a model year if at least 75 percent of the cost to the manufacturer
is attributable to value added in the United States or Canada,
unless the assembly of the automobile is completed in Canada
and the automobile is imported into the United States more than
30 days after the end of the model year.
‘‘(3)(A) In this subsection, a passenger automobile is deemed
to be manufactured domestically in a model year, as provided
in subparagraph (B) of this paragraph, if at least 75 percent of
the cost to the manufacturer is attributable to value added in
the United States, Canada, or Mexico, unless the assembly of the
automobile is completed in Canada or Mexico and the automobile
is imported into the United States more than 30 days after the
end of the model year.
‘‘(B) Subparagraph (A) of this paragraph applies to automobiles
manufactured by a manufacturer and sold in the United States,
regardless of the place of assembly, as follows:
‘‘(i) A manufacturer that began assembling automobiles in
Mexico before model year 1992 may elect, during the period
from January 1, 1997, through January 1, 2004, to have
subparagraph (A) of this paragraph apply to all automobiles
manufactured by that manufacturer beginning with the model
year that begins after the date of the election.
‘‘(ii) For a manufacturer that began assembling automobiles
in Mexico after model year 1991, subparagraph (A) of this
paragraph applies to all automobiles manufactured by that
manufacturer beginning with the model year that begins after
January 1, 1994, or the model year beginning after the date
the manufacturer begins assembling automobiles in Mexico,
whichever is later.
‘‘(iii) A manufacturer not described in clause (i) or (ii) of
this subparagraph that assembles automobiles in the United
States or Canada, but not in Mexico, may elect, during the
period from January 1, 1997, through January 1, 2004, to
have subparagraph (A) of this paragraph apply to all auto-
mobiles manufactured by that manufacturer beginning with
the model year that begins after the date of the election. How-
ever, if the manufacturer begins assembling automobiles in
Mexico before making an election under this subparagraph,
this clause does not apply, and the manufacturer is subject
to clause (ii) of this subparagraph.
‘‘(iv) For a manufacturer that does not assemble automobiles
in the United States, Canada, or Mexico, subparagraph (A)
of this paragraph applies to all automobiles manufactured by
that manufacturer beginning with the model year that begins
after January 1, 1994.
H. R. 4778—6
‘‘(v) For a manufacturer described in clause (i) or (iii) of
this subparagraph that does not make an election within the
specified period, subparagraph (A) of this paragraph applies
to all automobiles manufactured by that manufacturer begin-
ning with the model year that begins after January 1, 2004.
‘‘(C) The Secretary of Transportation shall prescribe reasonable
procedures for elections under subparagraph (B) of this paragraph.
‘‘(4) In this subsection, the fuel economy of a passenger automobile
that is not manufactured domestically is deemed to be equal to
the average fuel economy of all passenger automobiles manufac-
tured by the same manufacturer that are not manufactured
domestically.’’.
(C) In paragraph (5)(B), as redesignated by subparagraph
(A) of this paragraph, strike ‘‘paragraph (2)(A)(i) and
exclude under paragraph (2)(A)(ii)’’ and substitute ‘‘para-
graph (1)(A)(i) and exclude under paragraph (1)(A)(ii)’’.
(D) In paragraph (6)(A), as redesignated by subparagraph
(A) of this paragraph, strike ‘‘paragraph (2)(A)’’ and sub-
stitute ‘‘paragraph (1)(A)’’.
(37) In section 32908(b)(1), insert ‘‘on the automobile’’ after
‘‘maintain the label’’.
(38) In section 32909(a)(1), strike ‘‘section 32901–32904’’ and
substitute ‘‘any of sections 32901–32904’’.
(39) In section 32910(b), strike ‘‘the judicial’’ and ‘‘was con-
ducted’’ and substitute ‘‘any judicial’’ and ‘‘is conducted’’, respec-
tively.
(40) In section 32911(a), strike ‘‘, and 32917(b)’’ and substitute
‘‘, 32917(b), and 32918’’.
(41) Section 32913(b)(1) is amended as follows:
(A) In the catchline, strike ‘‘PENALTY REDUCTION’’ and
substitute ‘‘CERTIFICATION’’.
(B) Strike ‘‘the penalty should be reduced’’ and substitute
‘‘a reduction in the penalty is necessary’’.
(42) Section 32916(b) is amended as follows:
(A) In paragraph (1), in the matter before clause (A),
strike ‘‘section 32904(b)(4)’’ each place it appears and sub-
stitute ‘‘section 32904(b)(6)’’.
(B) In paragraph (1)(E), strike ‘‘section 32904(b)(1)(A)’’
and substitute ‘‘section 32904(b)(2)’’.
(C) In paragraph (2), strike ‘‘section 32904(b)(4)’’ and
substitute ‘‘section 32904(b)(6)’’.
(43)(A) Section 32918 is redesignated as section 32919.
(B) Insert after section 32917 the following:
‘‘§ 32918. Retrofit devices
‘‘(a) DEFINITION.—In this section, the term ‘retrofit device’ means
any component, equipment, or other device—
‘‘(1) that is designed to be installed in or on an automobile
(as an addition to, as a replacement for, or through alteration
or modification of, any original component, equipment, or other
device); and
‘‘(2) that any manufacturer, dealer, or distributor of the device
represents will provide higher fuel economy than would have
resulted with the automobile as originally equipped,
‘‘as determined under regulations of the Administrator of the
Environmental Protection Agency. The term also includes a fuel
additive for use in an automobile.
H. R. 4778—7
‘‘(b) EXAMINATION
OF FUEL ECONOMY REPRESENTATIONS.—The
Federal Trade Commission shall establish a program for systemati-
cally examining fuel economy representations made with respect
to retrofit devices. Whenever the Commission has reason to believe
that any representation may be inaccurate, the Commission shall
request the Administrator to evaluate, in accordance with sub-
section (c) of this section, the retrofit device with respect to which
the representation was made.
‘‘(c) EVALUATION OF RETROFIT DEVICES.—(1) On application of
any manufacturer of a retrofit device (or prototype of a retrofit
device), on request of the Commission under subsection (b) of this
section, or on the motion of the Administrator, the Administrator
shall evaluate, in accordance with regulations prescribed under
subsection (e) of this section, any retrofit device to determine
whether the retrofit device increases fuel economy and to determine
whether the representations, if any, made with respect to the retro-
fit device are accurate.
‘‘(2) If under paragraph (1) of this subsection, the Administrator
tests, or causes to be tested, any retrofit device on the application
of a manufacturer of the device, the manufacturer shall supply,
at the manufacturer’s expense, one or more samples of the device
to the Administrator and shall be liable for the costs of testing
incurred by the Administrator. The procedures for testing retrofit
devices so supplied may include a requirement for preliminary
testing by a qualified independent testing laboratory, at the expense
of the manufacturer of the device.
‘‘(d) RESULTS OF TESTS AND PUBLICATION IN FEDERAL REGISTER.—
(1) The Administrator shall publish in the Federal Register a sum-
mary of the results of all tests conducted under this section, together
with the Administrator’s conclusions as to—
‘‘(A) the effect of any retrofit device on fuel economy;
‘‘(B) the effect of the device on emissions of air pollutants;
and
‘‘(C) any other information the Administrator determines to
be relevant in evaluating the device.
‘‘(2) The summary and conclusions shall also be submitted to
the Secretary of Transportation and the Commission.
‘‘(e) REGULATIONS ESTABLISHING TESTS
AND PROCEDURES
FOR
EVALUATION OF RETROFIT DEVICES.—The Administrator shall pre-
scribe regulations establishing—
‘‘(1) testing and other procedures for evaluating the extent
to which retrofit devices affect fuel economy and emissions
of air pollutants; and
‘‘(2) criteria for evaluating the accuracy of fuel economy rep-
resentations made with respect to retrofit devices.’’.
(C) In the analysis of chapter 329, strike item 32918 and
substitute—
‘‘32918. Retrofit devices.
‘‘32919. Preemption.’’.
(44) Section 33101(2) is amended as follows:
(A) Strike ‘‘sections 33102(c)(1) and’’ and substitute ‘‘sec-
tion’’.
(B) Add at the end ‘‘of this title’’.
(45) In section 33106(b)(3), strike ‘‘subparagraph (2)(B) or
(C) of this paragraph’’ and substitute ‘‘paragraph (2)(B) or (C)
of this subsection’’.
H. R. 4778—8
(46) In section 40102(a)(30), strike ‘‘subparts I and III’’ and
substitute ‘‘this subpart and subpart III’’.
(47) Section 40104 is amended as follows:
(A) Insert at the beginning of the text of the section
the following:
‘‘(a) 
DEVELOPING
CIVIL
AERONAUTICS
AND
AIR
COM-
MERCE.—’’.
(B) Strike ‘‘section’’ and substitute ‘‘subsection’’.
(C) Add at the end the following:
‘‘(b) DEVELOPING
AND CONSTRUCTING CIVIL SUPERSONIC AIR-
CRAFT.—The Secretary of Transportation may develop and construct
a civil supersonic aircraft.’’.
(48) Section 40110(a) is amended as follows:
(A) In the matter before clause (1), strike ‘‘may’’.
(B) In clause (1)—
(i) strike ‘‘acquire,’’; and
(ii) strike ‘‘services or’’ and substitute ‘‘may acquire
services or, by condemnation or otherwise,’’.
(C) In clause (2), insert ‘‘may’’ before ‘‘dispose’’.
(D) In clause (3), insert ‘‘may’’ before ‘‘construct’’.
(49) In section 41103(a), strike ‘‘all-property’’ and substitute
‘‘all-cargo’’.
(50) Section 41110(e) is amended to read as follows:
‘‘(e) CONTINUING REQUIREMENTS.—(1) To hold a certificate issued
under section 41102 of this title, an air carrier must continue
to be fit, willing, and able to provide the transportation authorized
by the certificate and to comply with this part and regulations
of the Secretary.
‘‘(2) After notice and an opportunity for a hearing, the Secretary
shall amend, modify, suspend, or revoke any part of a certificate
issued under section 41102 of this title if the Secretary finds that
the air carrier—
‘‘(A) is not fit, willing, and able to provide the transportation
authorized by the certificate and to comply with this part
and regulations of the Secretary; or
‘‘(B) does not file reports necessary for the Secretary to decide
if the carrier is complying with the requirements of clause
(A) of this paragraph.’’.
(51)(A) Chapter 413 is amended by adding immediately after
section 41311 the following:
‘‘§ 41312. Ending or suspending foreign air transportation
‘‘(a) GENERAL.—An air carrier holding a certificate issued under
section 41102 of this title to provide foreign air transportation—
‘‘(1) may end or suspend the transportation to a place under
the certificate only when the carrier gives at least 90 days
notice of its intention to end or suspend the transportation
to the Secretary, any community affected by that decision,
and the State authority of the State in which a community
is located; and
‘‘(2) if it is the only air carrier holding a certificate to provide
non-stop or single-plane foreign air transportation between 2
places, may end or suspend the transportation between those
places only when the carrier gives at least 60 days notice
of its intention to end or suspend the transportation to the
Secretary and each community directly affected by that deci-
sion.
H. R. 4778—9
‘‘(b) TEMPORARY SUSPENSION.—The Secretary may authorize the
temporary suspension of foreign air transportation under subsection
(a) of this section when the Secretary finds the suspension is in
the public interest.’’.
(B) The analysis of chapter 413 is amended by adding imme-
diately after item 41311 the following:
‘‘41312. Ending or suspending foreign air transportation.’’.
(52) The chapter heading for chapter 417 is amended to
read as follows:
‘‘CHAPTER 417—OPERATIONS OF CARRIERS’’.
(53) In section 41715(d)(1), strike ‘‘41731(a)(3)’’ and substitute
‘‘41731(a)(4)’’.
(54) In section 44502(b), insert ‘‘Government’’ before ‘‘money
may be expended’’.
(55) In section 44701(d) and (e), strike ‘‘section 44702–44716’’
and substitute ‘‘any of sections 44702–44716’’.
(56) In sections 44711(a)(2)(B), (5), and (7) and 46310(b),
insert ‘‘any of sections’’ before ‘‘44702–44716’’.
(57) In section 44937, strike ‘‘44906(a)(1) or (b)’’ and sub-
stitute ‘‘44906’’.
(58) In section 45105(a), strike ‘‘section 45102(a)(1)(A)’’ and
substitute ‘‘section 45102(a)(1)’’.
(59) Section 45302 is amended by adding at the end the
following:
‘‘(e) EFFECTIVE DATE.—A fee may not be imposed under this
section before the date on which the regulations prescribed under
sections 44111(d), 44703(f)(2), and 44713(d)(2) of this title take
effect.’’.
(60) In section 46301—
(A) in subsection (a)(1)(A), strike ‘‘section 41301–41306’’
and ‘‘section 44701(a)’’ and substitute ‘‘any of sections
41301–41306’’ and ‘‘any of sections 44701(a)’’, respectively;
(B) in subsections (a)(2)(A), (d)(2), and (f)(1)(A)(i), strike
‘‘section 44701(a)’’ and substitute ‘‘any of sections 44701(a)’’;
and
(C) in subsection (c)(1)(A), strike ‘‘section 41301–41306’’
and substitute ‘‘any of sections 41301–41306’’.
(61) In section 46502(a)(2)(B) and (b)(1)(B), insert ‘‘notwith-
standing section 3559(b) of title 18,’’ before ‘‘if the death’’.
(62) In section 47101(a)(12), strike ‘‘Act’’ and substitute ‘‘sub-
chapter’’.
(63) Section 47104(c) is amended to read as follows:
‘‘(c) EXPIRATION OF AUTHORITY.—After September 30, 1996, the
Secretary may not incur obligations under subsection (b) of this
section, except for obligations of amounts—
‘‘(1) remaining available after that date under section
47117(b) of this title; or
‘‘(2) recovered by the United States Government from grants
made under this chapter if the amounts are obligated only
for increases under section 47108(b)(2) and (3) of this title
in the maximum amount of obligations of the Government
for any other grant made under this title.’’.
(64) Section 47110(b)(2) is amended to read as follows:
H. R. 4778—10
‘‘(2)(A) if the cost is incurred after the grant agreement
is executed and is for airport development or airport planning
carried out after the grant agreement is executed;
‘‘(B) if the cost is incurred after June 1, 1989, by the airport
operator (regardless of when the grant agreement is executed)
as part of a Government-approved noise compatability program
(including project formulation costs) and is consistent with all
applicable statutory and administrative requirements; or
‘‘(C) if the Government’s share is paid only with amounts
apportioned under section 47114(c)(1)(A) and (2) of this title
and if the cost is incurred—
‘‘(i) during the fiscal year ending September 30, 1994;
‘‘(ii) before a grant agreement is executed for the project
but according to an airport layout plan the Secretary
approves before the cost is incurred and all applicable
statutory and administrative requirements that would
apply to the project if the agreement had been executed;
and
‘‘(iii) for work related to a project for which a grant
agreement previously was executed during the fiscal year
ending September 30, 1994;’’.
(65) In section 47113(a)(2), strike ‘‘section 8(c) of the Act
(15 U.S.C. 637(c))’’ and ‘‘under section 8(c)’’ and substitute
‘‘section 8(d) of the Act (15 U.S.C. 637(d))’’ and ‘‘under section
8(d)’’, respectively.
(66) Section 47114(c) is amended as follows:
(A) in paragraph (1)(B), strike ‘‘$400,000’’ and substitute
‘‘$500,000’’.
(B) In paragraph (3)—
(i) insert ‘‘(A)’’ after ‘‘(3)’’;
(ii) strike ‘‘The’’ and substitute ‘‘Except as provided
in subparagraph (B) of this paragraph, the’’;
(iii) strike ‘‘44’’ each place it appears and substitute
‘‘49.5’’;
(iv) strike ‘‘paragraph’’ and substitute ‘‘subpara-
graph’’; and
(v) insert after subparagraph (A) the following new
subparagraph:
‘‘(B) If a law limits the amount subject to apportionment to
less than $1,900,000,000 for a fiscal year, the total of all amounts
apportioned under paragraphs (1) and (2) of this subsection may
not be more than 44 percent of the amount subject to apportionment
for that fiscal year. If this subparagraph requires reduction of
an amount that otherwise would be apportioned under this sub-
section, the Secretary shall reduce proportionately the amount
apportioned to each sponsor of an airport under paragraphs (1)
and (2) until the 44 percent limit is achieved.’’.
(67) Section 47115 is amended by adding at the end the
following:
‘‘(f) MINIMUM AMOUNT TO BE CREDITED.—(1) In a fiscal year,
at least $325,000,000 of the amount made available under section
48103 of this title shall be credited to the fund. The amount credited
is exclusive of amounts that have been apportioned in a prior
fiscal year under section 47114 of this title and that remain avail-
able for obligation.
‘‘(2) In a fiscal year in which the amount credited under subsection
(a) of this section is less than $325,000,000, the total amount
H. R. 4778—11
calculated under paragraph (3) of this subsection shall be reduced
by an amount that, when credited to the fund, together with the
amount credited under subsection (a), equals $325,000,000.
‘‘(3) For a fiscal year, the total amount available to reduce to
carry out paragraph (2) of this subsection is the total of the amounts
determined under sections 47114(c)(1)(A) and (2) and (d) and
47117(e) of this title. Each amount shall be reduced by an equal
percentage to achieve the reduction.’’.
(68) Section 47117(e) is amended as follows:
(A) In paragraph (1)(A), strike ‘‘10’’ and substitute ‘‘5’’.
(B) In paragraph (1)(C), strike ‘‘2.5’’ and substitute ‘‘1.5’’.
(C) In paragraph (1)(D), strike ‘‘.5’’ and substitute ‘‘.75’’.
(D) In paragraph (2), strike ‘‘2.5’’ and substitute ‘‘1.5’’.
(69) Section 47119(b) is amended as follows:
(A) Redesignate clause (3) as clause (4).
(B) Strike clause (2) and substitute the following:
‘‘(2) on approval of the Secretary, not more than $200,000
of the amount that may be distributed for the fiscal year
from the discretionary fund established under section 47115
of this title—
‘‘(A) to a sponsor of a nonprimary commercial service
airport to pay project costs allowable under section 47110(d)
of this title; and
‘‘(B) to a sponsor of a reliever airport for the types of
project costs allowable under section 47110(d), including
project costs allowable for a commercial service airport
that each year does not have more than .05 percent of
the total boardings in the United States;
‘‘(3) for use by a primary airport that each year does not
have more than .05 percent of the total boardings in the United
States, any part of amounts that may be distributed for the
fiscal year from the discretionary fund and small airport fund
to pay project costs allowable under section 47110(d) of this
title; or’’.
(70) In section 47128(c), strike ‘‘subsection (b)(2) or (3)’’ and
substitute ‘‘subsection (b)(1)(B) or (C)’’.
(71) Section 47504(c) is amended as follows:
(A) In paragraph (1)(A), add ‘‘and’’ after the semicolon.
(B) In paragraph (1)(B), strike the semicolon and sub-
stitute a period.
(C) Redesignate paragraph (1)(C) and (D) as paragraph
(2)(C) and (D).
(D) In paragraph (2)(A)(iii), strike ‘‘and’’.
(E) In paragraph (2)(B)(iii), strike the period and sub-
stitute a semicolon.
(F) In paragraph (2)(C) and (D), as redesignated, strike
‘‘an airport operator or unit of local government referred
to in clause (A) or (B) of this paragraph’’ and substitute
‘‘to an airport operator and unit of local government
referred to in paragraph (1)(A) or (1)(B) of this subsection’’.
(72)(A) Chapter 475 is amended by inserting after section
47509 the following:
‘‘§ 47510. Tradeoff allowance
‘‘Notwithstanding another law or a regulation prescribed or order
issued under that law, the tradeoff provisions contained in appendix
C of part 36 of title 14, Code of Federal Regulations, apply in
H. R. 4778—12
deciding whether an aircraft complies with subpart I of part 91
of title 14.’’.
(B) The analysis of chapter 475 is amended by inserting
immediately after item 47509 the following:
‘‘47510. Tradeoff allowance.’’.
(73) Section 47531 is amended as follows:
(A) Strike ‘‘sections 47528’’ and substitute ‘‘section
47528’’.
(B) Insert ‘‘any of’’ before ‘‘those’’.
(C) Insert ‘‘any of sections’’ before ‘‘44702–44716’’.
(74) In section 47532, insert ‘‘any of’’ before ‘‘sections’’.
(75) In section 60109(a)(2), strike ‘‘60102(c)’’ and substitute
‘‘60102(e)’’.
(76) In section 60112(d), add ‘‘, including suspended or
restricted use of the facility, physical inspection, testing, repair,
replacement, or other appropriate action’’ after ‘‘action’’.
(77) Section 60117(i) is amended as follows:
(A) Insert ‘‘(1)’’ before ‘‘After’’.
(B) Add at the end the following:
‘‘(2) In consultation with the Occupational Safety and Health
Administration, the Secretary shall establish procedures to notify
the Administration of any pipeline accident in which an excavator
that has caused damage to a pipeline may have violated a regulation
of the Administration.’’.
(78) The chapter heading for chapter 701 is amended to
read as follows:
‘‘CHAPTER 701—COMMERCIAL SPACE LAUNCH
ACTIVITIES’’.
(79) The chapter heading for chapter 801 is amended to
read as follows:
‘‘CHAPTER 801—BILLS OF LADING’’.
(80) In section 40110(b)(2)(A), insert ‘‘notwithstanding section
1341(a)(1) of title 31,’’ before ‘‘lease’’.
(81) Section 41734(g)(2) is amended to read as follows:
‘‘(2) the authority to be transferred is being used to provide
air service to another eligible place.’’.
SEC. 7. TECHNICAL CHANGES TO OTHER LAWS.
(a) Effective July 5, 1994—
(1) Section 708 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94–210, 90 Stat. 31) is repealed.
(2) Section 232A of the Act of October 12, 1984 (Public Law
98–473, 98 Stat. 2031), is repealed.
(3) Section 4 of the Act of July 5, 1994 (Public Law 103–
272, 108 Stat. 1360), is amended as follows:
(A) In subsection (f)(1)(H), insert ‘‘of the 2d sentence’’
after ‘‘end’’.
(B) Subsection (f)(1)(N) is repealed.
(C) Subsection (j)(5)(B) is amended to read as follows:
‘‘(B) In the analysis of chapter 1, strike the 2 items 110
and item 111 and substitute—
‘‘110. Saint Lawrence Seaway Development Corporation.
‘‘111. Bureau of Transportation Statistics.’’.
H. R. 4778—13
(D) Subsection (k)(3) is amended to read as follows:
‘‘(3) In section 41902(b)—
‘‘(A) strike clause (2);
‘‘(B) redesignate clauses (3) and (4) as clauses (2) and
(3), respectively; and
‘‘(C) in clause (2), as redesignated, strike ‘clauses (1)
and (2)’ and substitute ‘clause (1)’.’’.
(E) Subsection (r)(1) is amended by striking ‘‘the Urban
Mass Transportation Act of 1964,’’ and substituting ‘‘the
Federal Transit Act,’’.
(4) Section 5 of the Act of July 5, 1994 (Public Law 103–
272, 108 Stat. 1374), is amended as follows:
(A) In subsection (e)(11), strike ‘‘ ‘section’ and’’ and sub-
stitute ‘‘ ‘section 1679a(c)(2)’ and’’.
(B) In subsection (f)(1), strike ‘‘the Urban Mass Transpor-
tation Act of 1964’’ wherever it appears and substitute
‘‘the Federal Transit Act’’.
(C) In subsection (f)(2), strike ‘‘the Urban Mass Transpor-
tation Act of 1964,’’ wherever it appears and substitute
‘‘the Federal Transit Act,’’.
(D) In subsection (m)(25)(A), strike ‘‘the Urban Mass
Transportation Act of 1964’’ and substitute ‘‘the Federal
Transit Act’’.
(5) The schedule of laws repealed contained in section 7(b)
of the Act of July 5, 1994 (Public Law 103–272, 108 Stat.
1395), related to the Act of December 22, 1987 (Public Law
100–202), is amended by striking out—
(A) ‘‘, 106’’ in the Section column;
(B) ‘‘, 1329–433’’ in the Statutes at Large Page column;
and
(C) ‘‘, 2311’’ in the U.S. Code Section column.
Except with respect to the provisions of law restated as section
31111 of title 49, United States Code, as enacted by the Act
of July 5, 1994 (Public Law 103–272, 108 Stat. 993), the provi-
sions of law within the purview of section 106 of the Act
of December 22, 1987 (Public Law 100–202, 101 Stat. 1329–
433), shall be effective as if Public Law 103–272 had not been
enacted.
(b) Effective August 23, 1994, section 101 of the Airport Improve-
ment Program Temporary Extension Act of 1994 (Public Law 103–
260, 108 Stat. 698) is repealed.
(c) Effective August 26, 1994, section 119(d)(2) and (3) of the
Hazardous Materials Transportation Authorization Act of 1994
(Public Law 103–311, 108 Stat. 1680) is amended to read as follows:
‘‘(2) Section 5116(i)(1) is amended by striking ‘and section
5107(e) of this title’.
‘‘(3) Section 5116(i)(3) is amended by striking ‘5107(e),
5108(g)(2),’ and substituting ‘5108(g)(2)’.’’.
(d) Section 9001(1)(D) of the Solid Waste Disposal Act (42 U.S.C.
6991(1)(D)) is amended to read as follows:
‘‘(D) pipeline facility (including gathering lines)—
‘‘(i) which is regulated under chapter 601 of title
49, United States Code, or
‘‘(ii) which is an intrastate pipeline facility regulated
under State laws as provided in chapter 601 of title
49, United States Code,
H. R. 4778—14
‘‘and which is determined by the Secretary to be connected
to a pipeline or to be operated or intended to be capable
of operating at pipeline pressure or as an integral part
of a pipeline,’’.
(e) The Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended
as follows:
(1) In section 101(26), strike ‘‘pipeline’’ and substitute ‘‘a
hazardous liquid pipeline facility’’.
(2) In section 107(c)(1)(C), strike ‘‘pipeline’’ and substitute
‘‘hazardous liquid pipeline facility’’.
SEC. 8. REPEAL OF OTHER LAWS.
(1) The last proviso of the 1st paragraph and the words after
the last semicolon in the 2d paragraph under the heading ‘‘Civil
Aeronautics Administration’’ in section 301 of the Act of June
3, 1948 (ch. 400, 62 Stat. 323, 324), are repealed.
(2) The 1st paragraph related to the transfer of aircraft and
equipment and the last proviso of the 2d paragraph under the
heading ‘‘Civil Aeronautics Administration’’ in section 301 of the
Act of July 20, 1949 (ch. 354, 63 Stat. 464), are repealed.
(3) The 1st paragraph related to the transfer of aircraft and
equipment and the last proviso of the 2d paragraph under the
heading ‘‘Civil Aeronautics Administration’’, and the proviso of the
paragraph under the heading ‘‘Civil Aeronautics Board’’, in section
301 of the Act of September 6, 1950 (ch. 896, 64 Stat. 621, 622,
624), are repealed.
(4) The 1st paragraph related to the transfer of aircraft and
equipment and the last proviso of the 2d paragraph under the
heading ‘‘Civil Aeronautics Administration’’, and the proviso of the
paragraph under the heading ‘‘Civil Aeronautics Board’’, in section
301 of the Act of Oct. 22, 1951 (ch. 533, 65 Stat. 587, 588, 589),
are repealed.
(5) The 1st paragraph related to the transfer of aircraft and
equipment and the last proviso of the 2d paragraph under the
heading ‘‘Civil Aeronautics Administration’’ in section 301 of the
Act of July 10, 1952 (ch. 651, 66 Stat. 562), are repealed.
(6) Sections 404(f), 814, 815, and 901 of the Rail Passenger
Service Act (Public Law 91–518, 84 Stat. 1327, 1341) are repealed.
(7) Section 7(c) of the Noise Control Act of 1972 (Public Law
92–574, 86 Stat. 1241) is repealed.
(8) Section 46 of the Airline Deregulation Act of 1978 (Public
Law 95–504, 92 Stat. 1754) is repealed.
(9) Section 316 of the Surface Transportation Assistance Act
of 1978 (Public Law 95–599, 92 Stat. 2751) is repealed.
(10) Sections 207 and 210 of the National Driver Register Act
of 1982 (Public Law 97–364, 96 Stat. 1745, 1747) are repealed.
(11) Section 144 of the Surface Transportation Assistance Act
of 1982 (Public Law 97–424, 96 Stat. 2129) is repealed.
(12) Section 8 of the Civil Aeronautics Board Sunset Act of 1984
(Public Law 98–443, 98 Stat. 1706) is repealed.
(13) The Act of October 11, 1984 (Public Law 98–466, 98 Stat.
1825), is repealed.
(14) Sections 108(c) and 307 of the Pipeline Safety Reauthoriza-
tion Act of 1988 (Public Law 100–561, 102 Stat. 2809, 2817) are
repealed.
H. R. 4778—15
(15) Sections 1 and 15(a), (c), (e), (f), and (g)(2) of the Sanitary
Food Transportation Act of 1990 (Public Law 101–500, 104 Stat.
1213, 1218, 1219, 1220, 1221) are repealed.
(16) Sections 1, 8, and 10 of the Independent Safety Board Act
Amendments of 1990 (Public Law 101–641, 104 Stat. 4654, 4657,
4658) are repealed.
(17) Sections 11 and 13 of the Amtrak Authorization and Develop-
ment Act (Public Law 102–533, 106 Stat. 3520, 3522) are repealed.
(18) Section 319 of the Department of Transportation and Related
Agencies Appropriations Act, 1994 (Public Law 103–122, 107 Stat.
1222) is repealed.
SEC. 9. EFFECTIVE DATE.
The amendments made by sections 6(2)–(15), (19)–(35), (37)–(39),
(41), (44)–(52), (54)–(62), (65), (66)(B), (70), (73)–(76), and (78)–
(81) of this Act shall take effect on July 5, 1994.
SEC. 10. LEGISLATIVE PURPOSE AND CONSTRUCTION.
(a) NO SUBSTANTIVE CHANGE.—This Act restates, without sub-
stantive change, laws enacted before September 26, 1994, that
were replaced by this Act. This Act may not be construed as making
a substantive change in the laws replaced. Laws enacted after
September 25, 1994, that are inconsistent with this Act supersede
this Act to the extent of the inconsistency.
(b) REFERENCES.—A reference to a law replaced by this Act,
including a reference in a regulation, order, or other law, is deemed
to refer to the corresponding provision enacted by this Act.
(c) CONTINUING EFFECT.—An order, rule, or regulation in effect
under a law replaced by this Act continues in effect under the
corresponding provision enacted by this Act until repealed,
amended, or superseded.
(d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An action taken
or an offense committed under a law replaced by this Act is deemed
to have been taken or committed under the corresponding provision
enacted by this Act.
(e) INFERENCES.—An inference of a legislative construction is
not to be drawn by reason of the location in the United States
Code of a provision enacted by this Act or by reason of a caption
or catchline of the provision.
(f) SEVERABILITY.—If a provision enacted by this Act is held
invalid, all valid provisions that are severable from the invalid
provision remain in effect. If a provision enacted by this Act is
held invalid in any of its applications, the provision remains valid
for all valid applications that are severable from any of the invalid
applications.
SEC. 11. REPEALS.
(a) INFERENCES OF REPEAL.—The repeal of a law by this Act
may not be construed as a legislative inference that the provision
was or was not in effect before its repeal.
(b) REPEALER SCHEDULE.—The laws specified in the following
schedule are repealed, except for rights and duties that matured,
penalties that were incurred, and proceedings that were begun
before the date of enactment of this Act:
H. R. 4778—16
Schedule of Laws Repealed
Statutes at Large
Date
Chapter
or Pub-
lic Law
Section
Statutes at Large
U.S. Code
Vol-
ume
Page
Title
Section
1972
Oct.
20.
92–513 .
503, 511 ............
.......
............................
2003, 2011
1975
Dec.
22.
94–163 .
301 ‘‘Sec. 511’’ ...
915 .....................
2011
1980
Feb.
18.
96–193 .
305 .....................
57 .......................
App.
2125
1982
Sept. 3.
97–248 .
505, 507, 508,
513.
677, 679, 682,
689.
App.
2204, 2206,
2207, 2212
1992
Oct.
24.
102–508
304(c) .................
106
3308 ...................
1682(note)
1993
Dec. 8.
103–182
371 .....................
107
2127 ...................
2003
1994
May
26.
103–260
102–107, 109 ....
108
698, 700 ............
App.
2204,
2204(note),
2206,
2206(note),
2207, 2212
July 5
103–272
4(c) .....................
108
1361 ...................
.......
...................
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.