To codify without substantive change recent laws related to transportation and to improve the United States Code.
PL 103-429 (H.R.4778), enacted 10/31/1994

PUBLIC LAW 103-429—OCT. 31, 1994 
108 STAT. 4377 
Public Law 103-429 
103d Congress 
An Act 
To codify without substantive change recent laws related to transportation and 
Oct. 31, 1994 
to improve the United States Code. 
[H.R. 4778] 
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), (1), (n), or 
(r) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472(i), 
(k), (1), (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 
108 STAT. 4378 
PUBLIC LAW 103-429—OCT. 31, 1994 
Federal Transit Act" and substitute "section 5336 of title 
49" and "section 5306(a) of title 49", respectively. 
(C) In subsections (kMm), strike "the Federal Transit 
Act" wherever it appears and substitute "chapter 53 of 
tithB 49". 
(D) In subsection (k), strike "Federal Transit Act funds" 
Euid 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 
titie 49" and "sections 5303-5306 and 5323(k)", respec-
tively. 
(7) In section 141(b), strike "section 4110') of the Surface 
Transportation Assistance Act of 1982 (49 U.S.C. App. 2311(j))" 
and substitute "section 31112 of titie 49". 
(8) In section 303(c), strike "the Federal Transit Acf' and 
substitute "chapter 53 of titie 49". 
(9) In section 303(d), strike "the Federal Transit Actf' and 
"such Act" and substitute "chapter 53 of titie 49" and "chapter 
(10) In section 307(e)(13), strike "section 26(a)(1) of the Fed-
eral Transit Act" and substitute "section 5313(a) of titie 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 (D), of section 
21 of the Federal Transit Act" and substituting "section 5338(a)(1) 
or (b)(1) of titie 49". 
SEC. 6. TITLE 39, UNITED STATES CODE. 
Section 5402(g)(1)(A) of titie 39, United States Code, is amended 
by striking "section 401 of the Federsil Aviation Act of 1958 (49 
U.S.C. 1371)" and substituting "section 41102(a) of titie 49". 
SEC. 6. TITLE 49, UNITED STATES CODE. 
Titie 49, United States Code, is amended as foUows: 
(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 £is follows: 
(A) Strike "include" and substitute "be conducted under 
section 553 of titie 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 (l)(E)(iii), strike "Buy-American" and sub-
stitute "Buy America". 
(8) In section 5318(e), insert "Uniform" before "Relocation". 
PUBLIC LAW 103-429—OCT. 31, 1994 
108 STAT. 4379 
(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: 
"(1) PREAWARD AND POSTDELIVERY REVIEW OF ROLLING STOCK 
PURCHASES.—^The Secretary of Transportation shall prescribe regu- Regulations, 
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-l et seq.)". 
(17) In section 11348(a), strike "(1)(1)" and substitute "(m)(l)". 
(18) In section 11706((i), 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". 
108 STAT. 4380 
PUBLIC LAW 103-429—OCT. 31, 1994 
(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)(ll) 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— 
PUBLIC LAW 103-429—OCT. 31, 1994 
108 STAT. 4381 
"(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 sifter 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. 
108 STAT. 4382 
PUBLIC LAW 103-429—OCT. 31, 1994 
"(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 (l)(A)(i) and exclude under paragraph (l)(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. 
PUBLIC LAW 103-429—OCT. 31, 1994 
108 STAT. 4383 
"(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". 
108 STAT. 4384 
PUBLIC LAW 103-429—OCT. 31, 1994 
(46) In section 40102(a)(30), strike "subparts I and III" and 
sulsstitute "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 411()2 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 afiected by that deci-
sion. 
PUBLIC LAW 103-429—OCT. 31, 1994 
108 STAT. 4385 
"(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)(l)(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) ofthis 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: 
108 STAT. 4386 
PUBLIC LAW 103-429—OCT. 31, 1994 
"(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 
PUBLIC LAW 103-429—OCT. 31, 1994 
108 STAT. 4387 
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 
79-194 O—95—29 : QL 3 Part 5 
108 STAT. 4388 
PUBLIC LAW 103-429—OCT. 31, 1994 
deciding whether an sdrcraft 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 facUity, 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 Seifety and Health 
Administration, the Secretary shall establish procedures to notify 
the Administration of any pipeline accident in which jin excavator 
that has caused damage to a pipehne may have violated a regulation 
of the Administration. . 
(78) The chapter heading for chapter 701 is amended to 
read as foUows: 
"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 titie 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 
Eiir service to another ehgible place.". 
SEC. 7. TECHNICAL CHANGES TO OTHER LAWS. 
Effective 
(a) Effective July 5, 1994— 
^^^- 
(1) Section 708 of the Railroad Revitahzation and Regulatory 
45 use 856. 
Reform Act of 1976 (PubHc Law 94-210, 90 Stat 31) is repealed. 
(2) Section 232A of the Act of October 12, 1984 (PubHc Law 
49 use app. 
98-473,98 Stat 2031), is repealed. 
1472. 
(3) Section 4 of the Act of July 5, 1994 (PubUc Law 103-
272, 108 Stat 1360), is amended as follows: 
31 use 3302. 
(A) In subsection (f)(1)(H), insert "of the 2d sentence" 
after "end". 
31 use 3726. 
(B) Subsection (f)( 1)(N) is repealed. 
(C) Subsection (j)(5)(B) is amended to read £is 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.". 
PUBLIC LAW 103-429—OCT. 31, 1994 
108 STAT. 4389 
(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)(l) 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 (PubUc Law 103-
272,108 Stat 1374), is amended as follows: 
(A) In subsection (e)(ll), 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 (PubUc Law 103-272, 108 Stat. 
1395), related to the Act of December 22, 1987 (PubHc 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 titie 49, United States Code, as enacted by the Act 
of July 5, 1994 (PubUc Law 103-272, 108 Stat. 993), the provi-
sions of law within the purview of section 106 of the Act 
of December 22, 1987 (PubUc Law 100-202, 101 Stat. 1329-
433), shall be effective as if PubUc 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 
(PubUc Law 103-311, 108 Stat. 1680) is amended to read as foUows: 
"(2) Section 5116(i)(l) 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 SoUd Waste Disposal Act (42 U.S.C. 
6991(1)(D)) is amended to read as foUows: 
"(D) pipeUne faciUty (including gathering lines)— 
(i) which is regulated under chapter 601 of titie 
49, United States (?ode, or 
"(u) which is an intrastate pipeline faciUty regulated 
under State laws as provided in chapter 601 of titie 
49, United States Code, 
49 use 41902. 
23 use 101 note. 
49 use note 
prec. 101. 
Effective date. 
49 use app. 
2204. 
Effective date. 
49 use 5116. 
108 STAT. 4390 
PUBLIC LAW 103-429—OCT. 31, 1994 
42 u s e 9601. 
42 u s e 9607. 
49 u s e app. 684. 
49 u s e app. 683, 
684. 
49 u s e app. 
683-685. 
49 u s e app. 
683-685. 
49 u s e app. 683, 
684. 
26 u s e 250 note; 
45 u s e 564, 
650d, 650e. 
49 u s e app. 
1431 note. 
49 u s e 1301 
note. 
49 u s e app. 
1602-1. 
23 u s e 401 note. 
49 u s e app. 
2315 note. 
49 u s e app. 
1371 note. 
49 u s e app. 
1303 note. 
49 u s e 1680 
note. 
"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 (Pubhc 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. 
PUBLIC LAW 103-429—OCT. 31, 1994 
108 STAT. 4391 
(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 (PubUc Law 102-533, 106 Stat. 3520, 3522) are repealed. 
(18) Section 319 of the Department of Transportation and Related 
Agencies Appropriations Act, 1994 (PubHc Law 103-122, 107 Stat. 
1222) is repealed. 
SEC. 9. EFFECTIVE DATE. 
The amendments made by sections 6(2)-(15), (19)-(35), (37H39), 
(41), (44H52), (54H62), (65), (66)(B), (70), (73H76), 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 replacedby 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 oflFense 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, aU valid provisions that are severable from the invaHd 
provision remain in effect If a provision enacted by this Act is 
held invalid in any of its appHcations, the provision remains valid 
for all valid applications that are severable fix>m any of the invaUd 
appUcations. 
SEC. IL 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 wEis not in effect before its repeal. 
(b) REPEALER SCHEDULE.—The laws specified in the following 
schedule are repesded, except for rights and duties that matured, 
penalties that were incurred, and proceedings that were begun 
before the date of enactment of this Act: 
49 u s e 2501 
note, 2801 note. 
49 u s e app. 
1804 note, 1901 
note. 
42 u s e 650d, 
650e. 
49 u s e app. 
2205 note. 
49 u s e 321 note. 
49 u s e note 
prec. 101. 
49 u s e note 
prec. 101. 
49 u s e note 
prec. 1. 
108 STAT. 4392 
PUBLIC LAW 103-429—OCT. 31, 1994 
Schedule of Laws Repealed 
Statutes at Large 
Date 
Chapter 
or Pub-
lic Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
Title 
Section 
1972 
Oct. 
20. 
1975 
Dec. 
22. 
1980 
Feb. 
18. 
1982 
Sept. 3. 
1992 
Oct. 
24. 
1993 
Dec. 8. 
1994 
May 
26. 
JvHy 5 
92-513 . 
94-163 . 
9&-193 . 
97-248 
. 
102-508 
103-182 
103-260 
103-272 
503, 511 
301 
"Sec. 511" 
.
. 
305 
505, 507, 508, 
513. 
304(c) 
371 
102-107, 
109 
.
.
. 
4(c) 
89 
94 
96 
106 
107 
108 
108 
915 
57 
677, 679, 682, 
689. 
3308 
2127 
698, 700 
15 
15 
49 
App. 
49 
App. 
49 
15 
49 
App. 
2003, 
2011 
2011 
2125 
2204, 2206, 
2207, 
2212 
1682(note) 
2003 
2204, 
2204(note), 
2206, 
2206(note), 
2207, 
2212 
1361 
Approved October 31, 1994. 
LEGISLATIVE HISTORY—H.R. 4778: 
HOUSE REPORTS: No. 103-831 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Oct. 4, considered and passed House. 
Oct. 7, considered and passed Senate.