103D CONGRESS
2D SESSION
H. R. 4778
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 Avia-
tion 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’’.
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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 Avia-
tion 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 sub-
stitute ‘‘chapter 53 of title 49’’.
(2) In section 108(d)(2)(F), strike ‘‘section 4(f) of the Department
of Transportation Act’’ and substitute ‘‘section 303 of title 49’’.
(3) In section 127(d)(2)(A), strike ‘‘sections 411, 412, and 416 of
the Surface Transportation Assistance Act of 1982 (49 U.S.C. App.
2311, 2312, and 2316)’’ and substitute ‘‘sections 31111–31114 of title
49’’.
(4) In section 133(b)(2), strike ‘‘the Federal Transit Act’’ and sub-
stitute ‘‘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 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 sub-
stitute ‘‘sections 5303–5306 and 5323(k) of title 49’’ and ‘‘sec-
tions 5303–5306 and 5323(k)’’, respectively.
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(7) in section 141(b), strike ‘‘section 411(j) of the Surface Transpor-
tation Assistance Act of 1982 (49 U.S.C. App. 2311(j))’’ and sub-
stitute ‘‘section 31112 of title 49’’.
(8) In section 303(c), strike ‘‘the Federal Transit Act’’ and sub-
stitute ‘‘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’’, respec-
tively.
(10) In section 307(e)(13), strike ‘‘section 26(a)(I) of the Federal
Transit Act’’ and substitute ‘‘section 5313(a) of title 49’’.
SEC. 4. TITLE 26, UNITED STATES CODE.
Section 9503(e)(3)(A) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(e)(3)(A)) is amended by striking ‘‘paragraph (1) or (3) of subsection
(a), or paragraph (1) or (3) of subsection (b), of section 21 of the Federal
Transit Act’’ and substituting ‘‘section 5338(a)(1) or (b)(1) of title 49’’.
SEC. 5. TITLE 39, UNITED STATES CODE.
Section 5402(g)(1)(A) of title 39, United States Code, is amended by
striking ‘‘section 401 of the Federal Aviation Act of 1958 (49 U.S.C.
1371)’’ and substituting ‘‘section 41102(a) of title 49’’.
SEC. 6. TITLE 49, UNITED STATES CODE.
Title 49, United States Code, is amended as follows:
(1) In section 112(e), strike ‘‘the date of the enactment of this sec-
tion’’ and substitute ‘‘October 24, 1992’’.
(2) In section 321, strike ‘‘, respectively’’.
(3) Section 5103(b)(2) is amended as follows:
(A) Strike ‘‘include’’ and substitute ‘‘be conducted under section
553 of title 5, including’’.
(B) Strike ‘‘presentations’’ and substitute ‘‘presentation’’.
(4) In section 5104(a)(1), insert ‘‘applicable’’ after ‘‘each’’.
(5) In section 5115(b)(1)(C), strike ‘‘126’’ and substitute ‘‘126(g)’’.
(6) In section 5125(a) and (b)(1), insert ‘‘and unless authorized by
another law of the United States’’ after ‘‘section’’.
(7) Section 5307(d) is amended as follows:
(A) In clause (1)(D), strike ‘‘chapter’’ and substitute ‘‘section’’.
(B) In clause (1)(E)(iii), strike ‘‘Buy-American’’ and substitute
‘‘Buy America’’.
(8) In section 5318(e), insert ‘‘Uniform’’ before ‘‘Relocation’’.
(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:
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(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 PUR-
CHASE.—The Secretary of Transportation shall prescribe regulations requir-
ing a preaward and postdelivery review of a grant under this chapter to buy
rolling stock to ensure compliance with Government motor vehicle safety re-
quirements, subsection (j) of this section, and bid specifications require-
ments of grant recipients under this chapter. Under this subsection, inde-
pendent inspections and review are required, and a manufacturer certifi-
cation 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 sub-
stitute ‘‘section 5336(b)(2)(A) of this title’’.
(15) In the catchline of section 5565, insert ‘‘certain’’ after ‘‘con-
verting’’.
(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 Ex-
change Act of 1934 (15 U.S.C. 78a et seq.), and the Investment Com-
pany 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 sub-
stitute ‘‘those limitation periods’’.
(19) In section 20136(2), strike ‘‘subsection’’ and substitute ‘‘sec-
tion’’.
(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 sub-
stitute the following:
‘‘(f) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this subsection—
‘‘(A) ‘additional tax’ means a tax or fee—
‘‘(i) on the acquisition, improvement, ownership, or operation of
personal property by Amtrak Commuter; and
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‘‘(ii) on real property, except a tax or fee on the acquisition of
real property or on the value of real property not attributable to
improvements made, or the operation of those improvements, by
Amtrak Commuter.
‘‘(B) ‘Amtrak Commuter’ includes a rail carrier subsidiary of Am-
trak Commuter and a lessor or lessee of Amtrak Commuter or one of
its rail carrier subsidiaries.’’.
(B) In subsection (f)(2), insert ‘‘, even if that use is indirect’’
after ‘‘transportation’’.
(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 ap-
pears.
(24) In section 30166(h), strike ‘‘the judicial’’ and substitute ‘‘any
judicial’’.
(25) In section 30308(b), strike ‘‘appropriated’’ and substitute ‘‘au-
thorized’’.
(26) In section 31501(l), strike ‘‘section 203(f)’’ and substitute ‘‘sec-
tion 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 sub-
stitute ‘‘Civil’’.
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(32) In section 32505(b)(3), strike ‘‘the judicial’’ and ‘‘was con-
ducted’’ and substitute ‘‘any judicial’’ and ‘‘is conducted’’, respectively.
(33) In section 32703(3), strike ‘‘public’’.
(34) Section 32705(c)(2)(A) is amended to read as follows:
‘‘(A) the lessee’s mileage disclosure requirements under paragraph
(1) of this subsection; and’’.
(35) In section 32706(e)(3), strike ‘‘the judicial’’ and ‘‘was con-
ducted’’ 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), re-
spectively.
(B) Strike ‘‘(b) SEPARATE CALCULATIONS
FOR PASSENGER
AUTOMOBILES MANUFACTURED DOMESTICALLY
AND NOT DO-
MESTICALLY.—(1)’’ through the end of paragraph (2) and sub-
stitute the following:
‘‘(b) SEPARATE CALCULATIONS FOR PASSENGER AUTOMOBILES MANU-
FACTURED DOMESTICALLY AND NOT DOMESTICALLY.—(1)(A) Except as
provided in paragraphs (6) and (7) of this subsection, the Administrator
shall make separate calculations under subsection (a)(1)(B) of this section
for—
‘‘(i) passenger automobiles manufactured domestically by a manufac-
turer (or included in this category under paragraph (5) of this sub-
section); and
‘‘(ii) passenger automobiles not manufactured domestically by that
manufacturer (or excluded from this category under paragraph (5) of
this subsection).
‘‘(B) Passenger automobiles described in subparagraph (A)(i) and (ii) of
this paragraph are deemed to be manufactured by separate manufacturers
under this chapter.
‘‘(2) In this subsection (except as provided in paragraph (3)), a passenger
automobile is deemed to be manufactured domestically in a model year if
at least 75 percent of the cost to the manufacturer is attributable to value
added in the United States or Canada, unless the assembly of the auto-
mobile 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 manu-
factured 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 at-
tributable to value added in the United States, Canada, or Mexico, unless
the assembly of the automobile is completed in Canada or Mexico and the
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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 manu-
factured 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 elec-
tion.
‘‘(ii) For a manufacturer that began assembling automobiles in Mex-
ico 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 auto-
mobiles in Mexico, whichever is later.
‘‘(iii) A manufacturer not described in clause (i) or (ii) of this sub-
paragraph that assembles automobiles in the United States or Canada,
but not in Mexico, may elect, during the period from January 1, 1997,
through January 1, 2004, to have subparagraph (A) of this paragraph
apply to all automobiles manufactured by that manufacturer beginning
with the model year that begins after the date of the election. However,
if the manufacturer begins assembling automobiles in Mexico before
making an election under this subparagraph, this clause does not apply,
and the manufacturer is subject to clause (ii) of this subparagraph.
‘‘(iv) For a manufacturer that does not assemble automobiles in the
United States, Canada, or Mexico, subparagraph (A) of this paragraph
applies to all automobiles manufactured by that manufacturer begin-
ning with the model year that begins after January 1, 1994.
‘‘(v) For a manufacturer described in clause (i) or (iii) of this sub-
paragraph that does not make an election within the specified period,
subparagraph (A) of this paragraph applies to all automobiles manu-
factured by that manufacturer beginning with the model year that be-
gins after January 1, 2004.
‘‘(C) The Secretary of Transportation shall prescribe reasonable proce-
dures for elections under subparagraph (B) of this paragraph.
‘‘(4) In this subsection, the fuel economy of a passenger automobile that
is not manufactured domestically is deemed to be equal to the average fuel
economy of all passenger automobiles manufactured by the same manufac-
turer that are not manufactured domestically.’’.
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(C) In paragraph (5)(B), as redesignated by subparagraph (A)
of this paragraph, strike ‘‘paragraph (2)(A)(i) and exclude under
paragraph (2)(A)(ii)’’ and substitute ‘‘paragraph (1)(A)(i) and ex-
clude under paragraph (1)(A)(ii)’’.
(D) In paragraph (6)(A), as redesignated by subparagraph (A)
of this paragraph, strike ‘‘paragraph (2)(A)’’ and substitute
‘‘paragraph (1)(A)’’.
(37) In Section 32908(b)(1), insert ‘‘on the automobile’’ after
‘‘maintain the label’’.
(38) In section 32909(a)(1), strike ‘‘section 32901–32904’’ and sub-
stitute ‘‘any of sections 32901–32904’’.
(39) In section 32910(b), strike ‘‘the judicial’’ and ‘‘was conducted’’
and substitute ‘‘any judicial’’ and ‘‘is conducted’’, respectively.
(40) In section 32911(a), strike ‘‘, and 32917(b)’’ and substitute ‘‘,
32917(b), and 32918’’.
(41) Section 32913(b)(1) is amended as follows:
(A) In the catchline, strike ‘‘PENALTY REDUCTION’’ and sub-
stitute ‘‘CERTIFICATION’’.
(B) Strike ‘‘the penalty should be reduced’’ and substitute ‘‘a
reduction in the penalty is necessary’’.
(42) Section 32916(b) is amended as follows:
(A) In paragraph (1), in the matter before clause (A), strike
‘‘section 32904(b)(4)’’ each place it appears and substitute ‘‘sec-
tion 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 sub-
stitute ‘‘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 rep-
resents will provide higher fuel economy than would have resulted with
the automobile as originally equipped,
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as determined under regulations of the Administrator of the Environmental
Protection Agency. The term also includes a fuel additive for use in an
automobile.
‘‘(b) EXAMINATION OF FUEL ECONOMY REPRESENTATIONS.—The Fed-
eral trade Commission shall establish a program for systematically examin-
ing fuel economy representations made with respect to retrofit devices.
Whenever the Commission has reason to believe that any representation
may be inaccurate, the Commission shall request the Administrator to
evaluate, in accordance with subsection (c) of this section, the retrofit device
with respect to which the representation was made.
‘‘(c) EVALUATION OF RETROFIT DEVICES.—(1) On application of any
manufacturer of a retrofit device (or prototype of a retrofit device), on re-
quest of the Commission under subsection (b) of this section, or on the mo-
tion of the Administrator, the Administrator shall evaluate, in accordance
with regulations prescribed under subsection (e) of this section, any retrofit
device to determine whether the retrofit device increases fuel economy and
to determine whether the representations, if any, made with respect to the
retrofit device are accurate.
‘‘(2) If under paragraph (1) of this subsection, the Administrator tests,
or causes to be tested, any retrofit device on the application of a manufac-
turer 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 proce-
dures for testing retrofit devices so supplied may include a requirement for
preliminary testing by a qualified independent testing laboratory, at the ex-
pense of the manufacturer of the device.
‘‘(d) RESULTS OF TESTS AND PUBLICATION IN FEDERAL REGISTER.—
(1) The Administrator shall publish in the Federal Register a summary of
the results of all tests conducted under this section, together with the Ad-
ministrator’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 rel-
evant in evaluating the device.
‘‘(2) The summary and conclusions shall also be submitted to the Sec-
retary of Transportation and the Commission.
‘‘(e) REGULATIONS ESTABLISHING TESTS AND PROCEDURES FOR EVAL-
UATION OF RETROFIT DEVICES.—The Administrator shall prescribe regula-
tions establishing—
‘‘(1) testing and other procedures for evaluating the extent to which
retrofit devices affect fuel economy and emissions of air pollutants; and