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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TITLE 18, UNITED STATES CODE.
Section 2721(b) of title 18, United States Code, is amended as follows:
(1) In the matter before clause (1), strike ‘‘the Automobile Informa-
tion Disclosure Act, the Motor Vehicle Information and Cost Saving
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Act, the National Traffic and Motor Vehicle Safety Act of 1966, the
Anti-Car Theft Act of 1992, and the Clean Air Act’’ and substitute ‘‘ti-
tles I and IV of the Anti Car Theft Act of 1992, the Automobile Infor-
mation Disclosure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42
U.S.C. 7401 et seq.), and chapters 301, 305, and 321–331 of title 49’’.
(2) In clause (9), strike ‘‘the Commercial Motor Vehicle Safety Act
of 1986 (49 U.S.C. App. 2710 et seq.)’’ and substitute ‘‘chapter 313
of title 49’’.
SECTION 2. TITLE 23, UNITED STATES CODE
In the catchline for section 103(e)(4)(L) of title 23, United States Code,
strike ‘‘FTA’’ and substitute ‘‘CHAPTER 53 OF TITLE 49’’.
SECTION 3. TITLE 28, UNITED STATES CODE.
In section 1445(a) of title 28, United States Code, strike ‘‘sections 51–
60 of Title 45’’ and substitute ‘‘sections 1–4 and 5–10 of the Act of April
22, 1908 (45 U.S.C. 51–54, 55–60)’’.
SECTION 4. TITLE 31, UNITED STATES CODE.
Title 31, United States Code, is amended as follows:
(1) In section 1105(a), redesignate clauses (27) through the end as
clauses (26) through the end.
(2) Section 9101 is amended as follows:
(A) Clause (2)(J) is repealed.
(B) Redesignate clauses (2)(K) through the end as clauses
(2)(J) through the end.
(C) In clause (3)(B), strike ‘‘Fund;’’ and substitute ‘‘Fund.’’.
(D) Clause (3)(N), as added by section 902(b) of the Energy
Policy Act of 1992 (Public Law 102–486, 106 Stat. 2944), is re-
designated as clause (3)(O).
SECTION 5. TITLE 49, UNITED STATES CODE.
Title 49, United States Code, is amended as follows:
(1) In section 106(b), strike ‘‘the date of the enactment of this sen-
tence’’ and substitute ‘‘August 23, 1994,’’.
(2) In section 111(b)(4) and (g), strike ‘‘the date of the enactment
of this section’’ and substitute ‘‘December 18, 1991’’.
(3) Section 329 is amended as follows:
(A) In subsection (b)(1), strike ‘‘(as those terms are used in
such Act)’’ and substitute ‘‘(as that term is used in part A of sub-
title VII of this title)’’.
(B) In subsection (d), strike ‘‘that Act’’ and substitute ‘‘that
part’’.
(4) In section 521(b)(1)(B), strike ‘‘the date of enactment of this
subparagraph’’ and substitute ‘‘November 3, 1990’’.
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(5) Section 701(b)(4) is amended as follows:
(A) Strike ‘‘the effective date of this section’’ and substitute
‘‘January 1, 1996’’.
(B) Strike ‘‘the date of the enactment of the ICC Termination
Act of 1995’’ and substitute ‘‘December 29, 1995,’’.
(6) In section 702, strike ‘‘the effective date of such Act’’ and sub-
stitute ‘‘January 1, 1996’’.
(7) In section 726(a), strike ‘‘the date of enactment of the ICC Ter-
mination Act of 1995’’ and substitute ‘‘December 29, 1995’’.
(8) In section 5116(j)(4)(A), strike ‘‘subsection (g)’’ and substitute
‘‘section 5115 of this title’’.
(9) In sections 5119(b)(2), 5309(g)(1)(B) and (m)(3), 5328(b)(3),
5334(b)(1), 
5335(b)–(d), 
31134(c)(1)(B) 
and 
(C) 
and 
(2),
40112(e)(2), 41105(b), 41310(f), 41714(e)(2), 42104(b), 44506(d),
44913(a)(2), 47107(k), 48102(d)(2), and 48109, strike ‘‘Public Works
and Transportation’’ and substitute ‘‘Transportation and Infrastruc-
ture’’.
(10) Section 5303 is amended as follows:
(A) In subsection (f)(2), strike ‘‘subsection (e)’’ and substitute
‘‘subsection (b)’’.
(B) In subsection (h)(4), strike ‘‘section 5338(g)(1)’’ and sub-
stitute ‘‘section 5338(g)’’.
(11) Section 5307 is amended as follows:
(A) In subsection (a)(2)(A), strike ‘‘title;’’ and substitute ‘‘title;
or’’.
(B) In subsection (a)(2)(B), strike ‘‘transportation; or’’ and
substitute ‘‘transportation.’’.
(C) Strike subsection (a)(2)(C).
(12) Section 5309 is amended as follows:
(A) In subsection (a)—
(i) insert ‘‘(1)’’ before ‘‘The Secretary’’;
(ii) redesignate clauses (1)–(7) as clauses (A)–(G), respec-
tively;
(iii) redesignate subclauses (A) and (B) as subclauses (i)
and (ii), respectively; and
(iv) insert at the end the following:
‘‘(2) The Secretary of Transportation shall require that all grants and
loans under this subsection be subject to all terms, conditions, requirements,
and provisions the Secretary decides are necessary or appropriate for the
purposes of this section, including requirements for the disposition of net
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increases in value of real property resulting from the project assisted under
this section.’’.
(B) In subsection (e)(4)(B), strike ‘‘paragraph (1)(B)’’ and sub-
stitute ‘‘paragraph (2)’’.
(C) In subsection (m)(1)(A), insert ‘‘rail’’ before ‘‘fixed guide-
way modernization’’.
(13) Section 5315(d) is amended by striking ‘‘5304 and 5306’’ and
substituting ‘‘5307 and 5309’’.
(14) Section 5317(b)(5) is amended as follows:
(A) In subparagraph (C), strike ‘‘under this paragraph’’ and
substitute ‘‘under subparagraph (B) of this paragraph’’.
(B) In subparagraph (D), strike ‘‘(except this paragraph)’’.
(15) Section 5323(b)(1), (c), and (e) is amended by striking ‘‘(except
section 5307)’’ wherever it appears.
(16) The catchline for section 5325(d) is amended by striking ‘‘MAN-
AGEMENT, ARCHITECTURAL, AND ENGINEERING CONTRACTS.’’ and
substituting ‘‘ARCHITECTURAL, ENGINEERING, AND DESIGN CON-
TRACTS.’’.
(17) Section 5327(c) is amended by striking ‘‘to carry out a major
project under section 5307’’ and substituting ‘‘to carry out a major
project under section 5309’’.
(18) In section 5335(d)(2)(B), strike ‘‘With’’ and substitute ‘‘with’’.
(19) Section 5336(b)(2) is amended as follows:
(A) In subparagraphs (A) and (B), add at the end the following:
‘‘An urbanized area with a population of at least 750,000 in which
commuter rail transportation is provided shall receive at least .75 per-
cent of the total amount apportioned under this subparagraph.’’.
(B) Strike subparagraph (C).
(C) Redesignate subparagraphs (D) and (E) as subparagraphs
(C) and (D), respectively.
(20) Section 5338(g)(2) is amended by striking ‘‘section 5308(b)(2)’’
and substituting ‘‘section 5311(b)(2)’’.
(21) In section 10501(c)(3)(B), strike ‘‘the effective date of the ICC
Termination Act of 1995’’ and substitute ‘‘January 1, 1996’’.
(22) In section 10701(d)(3), strike ‘‘the effective date of this para-
graph’’ and substitute ‘‘January 1, 1996’’.
(23) In section 10704(d), strike ‘‘the effective date of the ICC Ter-
mination Act of 1995’’ and substitute ‘‘January 1, 1996’’.
(24) In sections 10706(a)(5)(C) and 10709(e), strike ‘‘the effective
date of the Staggers Rail Act of 1980’’ and substitute ‘‘October 1,
1980,’’.
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(25) In sections 11101(f) and 11301(f), strike ‘‘the effective date of
the ICC Termination Act of 1995’’ and substitute ‘‘January 1, 1996’’.
(26)(A) The heading for part B of subtitle IV is amended to read
as follows:
‘‘PART B—MOTOR CARRIERS, WATER CARRIERS,
BROKERS, AND FREIGHT FORWARDERS’’.
(B) The heading for chapter 131 is amended to read as follows:
‘‘CHAPTER 131—GENERAL PROVISIONS’’.
(27) Section 13102 is amended as follows:
(A) In clause (4)(A), strike—
(i) ‘‘the effective date of this section’’ and substitute ‘‘Jan-
uary 1, 1996’’; and
(ii) ‘‘the day before the effective date of this section’’ and
substitute ‘‘December 31, 1995’’.
(B) In clause (4)(B), strike ‘‘on or after such date’’ and sub-
stitute ‘‘after December 31, 1995’’.
(28) Section 13703 is amended as follows:
(A) In subsection (e), strike—
(i) ‘‘the day before the effective date of this section’’ and
substitute ‘‘December 31, 1995,’’; and
(ii) ‘‘such effective date’’ and substitute ‘‘January 1,
1996’’.
(B) In subsection (f)(2), strike ‘‘the day before the effective
date of this section’’ and substitute ‘‘December 31, 1995’’.
(29) Section 13709 is amended as follows:
(A) In subsection (a)(1) and (3), strike ‘‘the day before the ef-
fective date of this section’’ and substitute ‘‘December 31, 1995’’.
(B) In subsection (e), strike—
(i) ‘‘the effective date of this section’’ and substitute ‘‘Jan-
uary 1, 1996’’; and
(ii) ‘‘the day before such effective date’’ and substitute
‘‘December 31, 1995’’.
(30) Section 13710 is amended as follows:
(A) In subsection (a)(4), strike ‘‘the effective date of this sec-
tion’’ and substitute ‘‘January 1, 1996,’’.
(B) In subsection (b), strike—
(i) ‘‘the day before the effective date of this section’’ and
substitute ‘‘December 31, 1995’’; and
(ii) ‘‘the effective date of this section’’ and substitute ‘‘Jan-
uary 1, 1996,’’.
(31) Section 13711 is amended as follows:
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‘‘SUBCHAPTER B—OPERATIONS OF CARRIERS’’.
(44) Section 15701(e) is amended by striking ‘‘the effective date of
this section’’ and substituting ‘‘January 1, 1996’’.
(45) The analysis of chapter 159 is amended as follows:
(A) Strike—
‘‘CHAPTER 159—ENFORCEMENT; INVESTIGATIONS, RIGHTS, AND REMEDIES’’.
(B) Strike the item related to section 15907.
(46) In the analysis of chapter 161, strike—
‘‘CHAPTER 161—CIVIL AND CRIMINAL PENALTIES’’.
(47) Section 20133(b) is amended as follows:
(A) In paragraph (1), strike ‘‘the date of enactment of the Fed-
eral Railroad Safety Authorization Act of 1994’’ and substitute
‘‘November 2, 1994’’.
(B) In paragraph (2), strike ‘‘such date of enactment’’ and sub-
stitute ‘‘November 2, 1994’’.
(48) In sections 20134(c)(2), 20145, 22108(b), 24314(b), 24702(c),
and 24903(a), strike ‘‘Committee on Energy and Commerce’’ and sub-
stitute ‘‘Committee on Transportation and Infrastructure’’.
(49) In sections 20145, 20146, and 20151(a) and (c), strike ‘‘the
date of enactment of the Federal Railroad Safety Authorization Act of
1994’’ and substitute ‘‘November 2, 1994’’.
(50) In section 20152(b), strike ‘‘the date of enactment of this sec-
tion’’ and ‘‘that date’’ and substitute ‘‘November 2, 1994’’ and ‘‘No-
vember 2, 1994,’’, respectively.
(51) In section 20153(g), strike ‘‘the date of enactment of this sec-
tion’’ wherever it appears and substitute ‘‘November 2, 1994’’.
(52) Add at the end of section 20301(b) the following:
‘‘(4) a car, locomotive, or train used on a street railway.’’.
(53) In section 21301(a)(1)—
(A) insert ‘‘A person may not fail to comply with a regulation
prescribed or order issued by the Secretary of Transportation
under chapter 201 of this title.’’ before ‘‘Subject to ’’; and
(B) strike ‘‘Secretary of Transportation under chapter 201 of
this title is liable’’ and substitute ‘‘Secretary under chapter 201
is liable’’.
(54) In section 21303(a)(1), strike ‘‘chapter 211 of this title’’ and
substitute ‘‘chapter 211 of this title,’’.
(55) In section 22106(b), insert ‘‘in the same manner and under the
same conditions as if they were originally granted to the State by the
Secretary of Transportation’’ after ‘‘under this chapter’’.
(56)(A) Insert after chapter 281 the following:
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‘‘CHAPTER 283—STANDARD WORK DAY
‘‘Sec.
‘‘28301. General.
‘‘28302. Penalties.
‘‘§ 28301. General
‘‘(a) EIGHT HOUR DAY.—In contracts for labor and service, 8 hours shall
be a day’s work and the standard day’s work for determining the compensa-
tion for services of an employee employed by a common carrier by railroad
subject to subtitle IV of this title and actually engaged in any capacity in
operating trains used for transporting passengers or property on railroads
from—
‘‘(1) a State of the United States or the District of Columbia to any
other State or the District of Columbia;
‘‘(2) one place in a territory or possession of the United States to
another place in the same territory or possession;
‘‘(3) a place in the United States to an adjacent foreign country; or
‘‘(4) a place in the United States through a foreign country to any
other place in the United States.
‘‘(b) APPLICATION.—Subsection (a) of this section—
‘‘(1) does not apply to—
‘‘(A) an independently owned and operated railroad not exceed-
ing one hundred miles in length;
‘‘(B) an electric street railroad; and
‘‘(C) an electric interurban railroad; but
‘‘(2) does apply to an independently owned and operated railroad less
than one hundred miles in length—
‘‘(A) whose principal business is leasing or providing terminal
or transfer facilities to other railroads; or
‘‘(B) engaged in transfers of freight between railroads or be-
tween railroads and industrial plants.
‘‘§ 28302. Penalties
‘‘A person violating section 28301 of this title shall be fined under title
18, imprisoned not more one year, or both.’’.
(B) In the analysis for subtitle V, insert after item 281 the following:
‘‘283.
STANDARD WORK DAY ...............................................................................
28301’’.
(57) In section 30144(a)(1)(A), strike ‘‘Organization’’ and substitute
‘‘Organizations’’.
(58) In section 30168(c), strike ‘‘Committees on Energy and Com-
merce and Public Works and Transportation’’ and substitute ‘‘Commit-
tees on Commerce and Transportation and Infrastructure’’.
(59) In section 30308, insert a comma after ‘‘1994’’.
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(60) In section 31136(e)(2)(A) and (J)(i) and (ii) and (3), strike
‘‘the date of the enactment of this paragraph’’ and substitute ‘‘Novem-
ber 28, 1995’’.
(61) In section 32702(8), insert ‘‘any’’ after ‘‘or’’.
(62) Section 32705 is amended as follows:
(A) Subsection (a) is amended to read as follows:
‘‘(a)(1) DISCLOSURE REQUIREMENTS.—Under regulations prescribed by
the Secretary of Transportation that include the way in which information
is disclosed and retained under this section, a person transferring ownership
of a motor vehicle shall give the transferee the following written disclosure:
‘‘(A) Disclosure of the cumulative mileage registered on the odom-
eter.
‘‘(B) Disclosure that the actual mileage is unknown, if the transferor
knows that the odometer reading is different from the number of miles
the vehicle has actually traveled.
‘‘(2) A person transferring ownership of a motor vehicle may not violate
a regulation prescribed under this section or give a false statement to the
transferee in making the disclosure required by such a regulation.
‘‘(3) A person acquiring a motor vehicle for resale may not accept a writ-
ten disclosure under this section unless it is complete.’’.
(B) In subsection (b)(3)(A), strike ‘‘may’’ and ‘‘only if’’ and
substitute ‘‘may not’’ and ‘‘unless’’, respectively.
(63) In sections 32904(b)(6)(C) and 32905(g), strike ‘‘Committee on
Energy and Commerce’’ and substitute ‘‘Committee on Commerce’’.
(64) In the analysis of subtitle VII, strike the item related to part
D and item 491 and substitute—
‘‘PART D—RESERVED
‘‘PART E—MISCELLANEOUS
‘‘501.
BUY-AMERICAN PREFERENCES ..............................................................
50101’’.
(65) In section 40109(c)—
(A) strike ‘‘sections 41301–41306, 41308–41310(a), 41501,
41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–
41709, 41711, 41712, and 41731–41742,’’ and substitute ‘‘chap-
ter 413 (except sections 41307 and 41310(b)–(f)), chapter 415
(except sections 41502, 41505, and 41507–41509), chapter 417
(except sections 41703, 41704, 41710, 41713, and 41714),’’; and
(B) strike ‘‘section 46301(b)’’ and substitute ‘‘sections 44909
and 46301(b)’’.
(66) In section 40116(d)(2)(A)(iv), strike ‘‘Levy’’ and ‘‘the date of
enactment of this clause’’ and substitute ‘‘levy’’ and ‘‘August 23,
1994’’, respectively.
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(67) Section 40117(e)(2) is amended as follows:
(A) In clause (B), insert ‘‘and’’ after the semicolon.
(B) Strike clause (C).
(C) Redesignate clause (D) as clause (C).
(68) Section 40118 is amended as follows:
(A) In the catchline for subsection (d), strike ‘‘TRANSPOR-
TATION BY FOREIGN AIR CARRIERS’’ and substitute ‘‘CERTAIN
TRANSPORTATION BY AIR OUTSIDE THE UNITED STATES’’.
(B) In subsection (f)(1), strike ‘‘(f)(1) No’’ and substitute ‘‘(f)
PROHIBITION
OF CERTIFICATION
OR CONTRACT CLAUSE.—(1)
No’’.
(69)(A) Add at the end of chapter 401 the following:
‘‘§ 40121. Interstate agreements for airport facilities
‘‘Congress consents to a State making an agreement, not in conflict with
a law of the United States, with another State to develop or operate an air-
port facility.’’.
(B) In the analysis for chapter 401, insert after item 40120 the fol-
lowing:
‘‘40121.
Interstate agreements for airport facilities.’’.
(70) Add at the end of section 41109(a) the following:
‘‘(5) As prescribed by regulation by the Secretary, an air carrier other
than a charter air carrier may provide charter trips or other special services
without regard to the places named or type of transportation specified in
its certificate.’’.
(71) In section 41309(b)(2)(B), strike ‘‘common’’.
(72) In section 41312(a)(1), insert ‘‘of Transportation’’ after ‘‘Sec-
retary’’.
(73) In section 41715(a), strike ‘‘Secretary’s’’ and substitute ‘‘Sec-
retary of Transportation’s’’.
(74) In sections 44501(c)(1), 44511(e), 48102(c)(2)(A) and (d)(2),
and 70112(d)(1), strike ‘‘Science, Space, and Technology’’ and sub-
stitute ‘‘Science’’.
(75) Section 44502 is amended as follows:
(A) In subsection (c)(1), strike ‘‘To ensure that’’ and substitute
‘‘To ensure’’.
(B) Strike subsection (e) and redesignate subsection (f) as sub-
section (e).
(76) In section 45301(c)(5), strike ‘‘the date of the enactment of
this subsection’’ and substitute ‘‘August 23, 1994,’’.
(77) Section 46301 is amended as follows:
(A) In subsection (a)(1)(A)—
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(i) strike ‘‘any of sections 41301–41306, 41308–41310(a),
41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702,
41705–41709, 41711, 41712, or 41731–41742,’’ and sub-
stitute ‘‘chapter 413 (except sections 41307 and 41310(b)–
(f)), chapter 415 (except sections 41502, 41505, and 41507–
41509), chapter 417 (except sections 41703, 41704, 41710,
41713, and 41714),’’;
(ii) strike ‘‘or any of sections 44701(a) or (b), 44702–
44716, 
44901, 
44903(b) 
or 
(c), 
44905, 
44906,
44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938,’’
and substitute ‘‘section 44502(b) or (c), chapter 447 (except
sections 44717 and 44719–44723), chapter 449 (except sec-
tions 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and
(d)(1)(C)–(f), and 44908), or section’’;
(iii) insert ‘‘or’’ after ‘‘46303,’’; and
(iv) strike ‘‘, or 41715’’.
(B) In subsection (a)(2)(A), strike ‘‘or any of sections 44701(a)
or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906,
44912–44915, or 44932–44938’’ and substitute ‘‘, section
44502(b) or (c), chapter 447 (except sections 44717–44723), or
chapter 449 (except sections 44902, 44903(d), 44904, and 44907–
44909)’’.
(C) Adjust the margins of clauses (A) and (B) of subsection
(a)(3) to be the same as clauses (A) and (B) of subsection (a)(2).
(D) In subsection (c)(1)(A)—
(i) strike ‘‘any of sections 41301–41306, 41308–41310(a),
41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702,
41705–41709, 41711, 41712, or 41731–41742,’’ and sub-
stitute ‘‘chapter 413 (except sections 41307 and 41310(b)–
(f)), chapter 415 (except sections 41502, 41505, and 41507–
41509), chapter 417 (except sections 41703, 41704, 41710,
41713, and 41714),’’;
(ii) strike ‘‘or’’ before ‘‘subchapter II’’; and
(iii) insert ‘‘, or section 44909’’ before ‘‘of this title’’.
(E) In subsection (d)(2), strike ‘‘or any of sections 44701(a) or
(b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906,
44907(d)(1)(B), 44912–44915, 44932–44938,’’ and substitute
‘‘section 44502(b) or (c), chapter 447 (except sections 44717 and
44719–44723), chapter 449 (except sections 44902, 44903(d),
44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),
or section’’.