[Congressional Record Volume 142, Number 113 (Monday, July 29, 1996)]
[House]
[Page H8604-H8608]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
CODIFYING WITHOUT SUBSTANTIVE CHANGE LAWS RELATED TO TRANSPORTATION
Mr. MOORHEAD. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2297) to codify without substantive change laws related to
transportation and to improve the United States Code, as amended.
The Clerk read as follows:
H.R. 2297
Be it enacted by the Senate and House of Representatives 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 Information Disclosure Act, the Motor Vehicle
Information and Cost Saving 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 ``titles I and
IV of the Anti Car Theft Act of 1992, the Automobile
Information 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 ``section 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(A) Clause (2)(J) is repealed.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
redesignated 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 sentence'' 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 subtitle 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''.
(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 substitute ``Janaury 1, 1996''.
(7) In section 726(a), strike ``the date of enactment of
the ICC Termination 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 section 5119(b)(2), 5309(g)(1)(B) and (m)(3),
5328(b)(3), 5334(b)(1), 5335(b)-(d), 3113(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,
[[Page H8605]]
strike ``Public Works and Transportation'' and substitute
``Transportation and Infrastructure''.
(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
substitute ``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),
respectively;
(iii) redesigate 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
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 substitute ``paragraph (2)''.
(C) In subsection (m)(1)(A), insert ``rail'' before ``fixed
guideway 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 ``Management, Architectural, and Engineering
Contracts.'' and substituting ``Architectural, Engineering,
and Design Contracts.''.
(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 percent 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 paragraph'' and substitute ``January 1, 1996''.
(23) In section 10704(d), srike ``the effective date of the
ICC termination 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,''.
(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 as 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
``January 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
substitute ``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 effective date of this section'' and substitute
``December 31, 1995''.
(B) In subsection (e), strike--
(i) ``the effective date of this section'' and substitute
``January 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 section'' 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
``January 1, 1996,''.
(31) Section 13711 is amended as follows:
(A) In subsection (a), strike--
(i) ``or, before the effective date of this section'' and
substitute ``or, before January 1, 1996'';
(ii) ``the day before the effective date of this section''
and substitute ``December 31, 1995''; and
(iii) ``provided before the effective date of this
section'' and substitute ``provided before January 1, 1996''.
(B) In subsection (d), strike--
(i) ``the effective date of this section'' and substitute
``January 1, 1996''; and
(ii) ``the day before such effective date'' and substitute
``December 31, 1995''.
(C) In subsection (g), strike ``the effective date of this
section'' and substitute ``January 1, 1996''.
(32) Section 13902 is amended as follows:
(A) In subsection (b)(8)(A)--
(i) insert ``and'' after ``(iv) any Indian tribe,'';
(ii) strike ``and'' after ``clause (i), (ii), (iii), or
(iv),''; and
(iii) strike ``the effective date of this subsection'' and
substitute ``January 1, 1996,''.
(B) In subsection (b)(8)(B), strike ``the effective date of
this paragraph'' and substitute ``January 1, 1996,''.
(C) In subsections (c)(4)(A) and (d)(1)(A) and (2), strike
``the day before the effective date of this section'' and
substitute ``December 31, 1995''.
(33) In section 13905(a), strike ``the day before the
effective date of this section'' and substitute ``December
31, 1995''.
(34) In section 13906(d), strike ``the effective date of
this section'' and substitute ``January 1, 1996,''.
(35) Section 13907(e) is amended as follows:
(A) In clause (1), strike ``the day before the effective
date of this section'' and substitute ``December 31, 1995''.
(B) In clause (2), strike ``the day before such effective
date'' and substitute ``December 31, 1995''.
(36) Section 13908 is amended as follows:
(A) In subsection (d)(1), strike ``the day before the
effective date of this section'' and substitute ``December
31, 1995''.
(B) In subsection (e), strike ``the effective date of this
section'' and substitute ``January 1, 1996''.
(37) Section 14302 is amended as follows:
(A) In subsection (c)(4), strike ``the effective date of
this section'' and substitute ``January 1, 1996''.
(B) In subsection (g), strike ``the effective date of this
section'' and substitute ``January 1, 1996,''.
(C) In subsection (h)(1), strike ``the day before the
effective date of this section'' and substitute ``December
31, 1995''.
(D) In subsection (h)(2), strike ``the day before such
effective date'' and substitute ``December 31, 1995''.
(38) In sections 14706(g)(3) and 14708(g), strike ``the
effective date of this section'' and substitute ``January 1,
1996''.
(39) In section 14709, strike--
(A) ``the effective date of this section'' and substitute
``January 1, 1996''; and
(B) ``the day before the effective date of this section''
and substitute ``December 31, 1995''.
(40) The heading for part C of subtitle IV is amended to
read as follows:
``PART C--PIPELINE CARRIERS''.
(41) In the analysis of chapter 151, strike--
``CHAPTER 151--GENERAL PROVISIONS''.
(42) In the analysis of chapter 153, strike--
``CHAPTER 153--JURISDICTION''.
(43) The analysis and subchapter headings of chapter 157
are amended as follows:
(A) The analysis of chapter 157 is amended as follows:
(i) Strike--
``CHAPTER 157--OPERATIONS OF CARRIERS''.
(ii) Strike--
``Subchapter A-General Requirements
and substitute--
``SUBCHAPTER A--GENERAL REQUIREMENTS''.
(iii) Strike--
``Subchapter B--Operations of Carriers''
and substitute--
``SUBCHAPTER B--OPERATIONS OF CARRIERS''.
(B)(i) The heading for subchapter A is amended to read as
follows:
``SUBCHAPTER A--GENERAL REQUIREMENTS''.
(ii) The heading for subchapter B is amended to read as
follows:
``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:
[[Page H8606]]
(A) In paragraph (1), strike ``the date of enactment of the
Federal Railroad Safety Authorization Act of 1994'' and
substitute ``November 2, 1994''.
(B) In paragraph (2), strike ``such date of enactment'' and
substitute ``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 substitute ``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 section'' and ``that date'' and substitute ``November 2,
1994'' and ``November 2, 1994,'', respectively.
(51) In section 20153(g), strike ``the date of enactment of
this section'' 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:
``CHAPTER 283--STANDARD WORK DAY
``Sec.
``28301. General.
``28302. Penalties.(b) is amended as follows:
``Sec. 28301. General
``(a) Eight Hour Day.--In contracts for labor and services,
8 hours shall be a day's work and the standards day's work
for determining the compensation 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
exceeding 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 railroad; or
``(B) engaged in transfers of freight between railroads or
between railroads and industrial plants.
``Sec. 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
Commerce and Public Works and Transportation'' and substitute
``Committees on Commerce and Transportation and
Infrastructure''.
(59) In section 30308, insert a comma after ``1994''.
(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 ``November 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 odometer.
``(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 written 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 ``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),'';
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.
(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
``Transportation 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:
``Sec. 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 airport facility.''.
(B) In the analysis for chapter 401, insert after item
40120 the following:
``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 ``Secretary''.
(73) In section 41715(a), strike ``Secretary's'' and
substitute ``Secretary 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 substitute ``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 subsection (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)--
(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 substitute
``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 sections 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 substitute
``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,
[[Page H8607]]
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''.
(F) In subsection (f)(1)(A)(i), strike ``or any of sections
44701(a) or (b), 44702-44716, 44901, 44903 (b) or (c), 44905,
44906, 44907(d)(1)(B), 44912-44915, or 44932-44938'' and
substitute ``section 44502 (b) or (c), chapter 447 (except
sections 44717 and 44719-44723), or chapter 449 (except
sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and
(d)(1)(C)-(f), 44908, and 44909)''.
(78) In section 46306(c)(2)(B), insert ``that is'' before
``provided''.
(79) In section 46316(b), strike ``and sections 44701(a)
and (b), 44702-44716, 44901, 44903(b) and (c), 44905, 44906,
44912-44915, and 44932-44938'' and substitute ``chapter 447
(except sections 44717-44723), and chapter 449 (except
sections 44902, 44903(d), 44904, and 44907-44909)''.
(80) In section 47107(l)(1), strike ``the date of the
enactment of this subsection'' and substitute ``August 23,
1994''.
(81) Section 47115 is amended as follows:
(A) Subsection (f)(2) as enacted by section 112(d) of the
Federal Aviation Administration Authorization Act of 1994
(Public Law 103-305, 108 Stat. 1576) is amended by striking
``the date of the enactment of this subsection'' and
substituting ``August 23, 1994''.
(B) Subsection (f) as enacted by section 6(67) of the Act
of October 31, 1994 (Public Law 103-429, 108 Stat. 4386), is
redesignated subsection (g).
(82) Section 47117 is amended as follows:
(A) In subsection (e)(1)(B), strike ``47504(c)(1)'' and
substitute ``47504(c)''.
(B) In subsection (g)(1), strike ``47105(e)'' and
substitute ``47105(f)''.
(83) Section 47118 is amended as follows:
(A) In subsection (a), strike ``on or before the date of
the enactment of this sentence'' and substitute ``before
August 24, 1994''.
(B) In subsection (e), strike ``Notwithstanding section
47109(c) of this title, not'' and substitute ``Not''.
(84) In the catchline for section 47128(d), strike ``and
Report''.
(85) Section 47129 is amended as follows:
(A) In subsection (a)(1), strike ``of this subtitle'' and
substitute ``of this title''.
(B) In subsections (b), (e)(2), and (f)(2), strike ``the
date of the enactment of this section'' and substitute
``August 23, 1994''.
(C) In subsection (e)(3), strike ``such date of enactment''
and substitute ``August 23, 1994''.
(86) In section 47509(d), strike ``the date of the
enactment of this section'' and substitute ``August 23,
1994''.
(87) In the catchline for section 48104(b), strike
``Years'' and substitute ``Year''.
(88)(A) Part D of subtitle VII is redesignated as part E.
(B) Chapter 491 is redesignated as chapter 501.
(C) Items 49101-49105 in the analysis of chapter 501, as
redesignated by subparagraph (B) of this paragraph, are
redesignated as items 50101-50105.
(D) Sections 49101-49105 are redesignated as sections
50101-50105.
(89) In sections 50101(a) and (b)(3), 50102, 50104(b)(1),
and 50105, as redesignated by clause (88)(D) of this section,
strike ``sections 47106(d) and'' and substitute ``section''.
(90) In section 60101, strike ``(a)'' and substitute ``(a)
General.--''.
(91) In section 60114(a)(9), strike ``60120, 60122, and
60123'' and substitute ``60120 and 60122''.
(92) In section 70102(6), strike ``facilities'' and
substitute ``facilities at that location''.
(93) In section 70112(a)(3)(B), insert ``(i) or (ii)''
after ``(A)''.
(94) In section 70113(e)(6)(D), insert ``a'' before
``resolution''.
(95) In section 70117(b)(2), strike ``Land Remote--Sensing
Commercialization Act of 1984 (15 U.S.C. 4201 et seq.)'' and
substitute ``Land Remote Sensing Policy Act of 1992 (15
U.S.C. 5601 et seq.)''.
SEC. 6. TECHNICAL CHANGES TO OTHER LAWS.
(a) Effective July 5, 1994--
(1) Section 4(f)(1)(S) of the Act of July 5, 1994 (Public
Law 103-272, 108 Stat. 1362), is amended to read as follows:
``(S) In section 6101(4)(B), strike `agency' the 2d time it
appears and substitute `agency.'.''.
(2) Section 5(e)(11) of the Act of July 5, 1994 (Public Law
103-272, 108 Stat. 1374), as amended by section 7(a)(4)(A) of
the Act of October 31, 1994 (Public Law 103-429, 108 Stat.
4389), is amended to read as follows:
``(11) In section 2516(1)(j), strike `section' the first
place it appears and all that follows and substitute `section
60123(b) (relating to destruction of a natural gas pipeline)
or section 46502 (relating to aircraft piracy) of title
49;'.''.
(b) Effective August 26, 1994, section 105(b)(2) of the
Hazardous Materials Transportation Act of 1994 (title I of
Public Law 103-311, 108 Stat. 1674) is amended to read as
follows:
``(2) by striking `the State' the first place it
appears;''.
(c) Effective September 30, 1994, section 335A of the
Department of Transportation and Related Agencies
Appropriations Act, 1995 (Public Law 103-331, 108 Stat. 2495)
is amended to read as follows:
``Sec. 335A. Section 5302(a)(1) of title 49, United States
Code, is amended by inserting `payments for the capital
portions of rail trackage rights agreements,' after `rights
of way),'.''.
(d) Effective October 31, 1994--
(1) Section 6 of the Act of October 31, 1994 (Public Law
103-429, 108 Stat. 4378), is amended to read as follows:
(A) Clause (41) is amended to read as follows:
``(41) Section 32913(b) is amended as follows:
``(A) In the catchline, strike `Penalty Reduction' and
substitute `Certification'.
``(B) In paragraph (1), strike `the penalty should be
reduced' and substitute `a reduction in the penalty is
necessary'.''.
(B) Clause (44)(B) is amended to read as follows:
``(B) Add before the period at the end `of this title'.''.
(2) Section 8(1) of the Act of October 31, 1994 (Public Law
103-429, 108 Stat. 4390), is amended by striking ``1st
paragraph'' and substituting ``1st paragraph related to
transfer of aircraft''.
(e) Effective November 2, 1994, section 10(c)(2)(A) of the
Act of November 2, 1994 (Public Law 103-437, 108 Stat. 4589),
is repealed and section 107(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450k(b)), as amended by section 105(1) of the Indian Self-
Determination Act (Public Law 103-413, 108 Stat. 4269), is
revived and shall read as if section 10(c)(2)(A) of the Act
of November 2, 1994 (Public Law 103-437, 108 Stat. 4589), had
not been enacted.
(f) Effective December 29, 1995, the ICC Termination Act of
1995 (Public Law 104-88, 109 Stat. 809) is amended as
follows:
(1) In section 102(b), strike ``Commerce'' and
``Transportation'' and substitute ``Commerce'' and
``Transportation'', respectively
(2) In section 305(d)(6), strike ``part B or (C)'' and
substitute ``part B or C''.
(3) In section 308(j) strike ``30106(d)'' substitute
``30166(d)''.
(4) Section 327 is amended as follows:
(A) in clause (3)(B), strike `` `Interstate Commerce Act''
and substitute `` `the Interstate Commerce Act' in subsection
(b)(3)''.
(B) in clause (5), insert ``(A)'' after ``(5)'' and add at
the end of the clause the following:
``(B) by inserting after item 712 in the table of contents
the following:
`Sec. 713. Class II railroads receiving Federal assistance.'.''.
(g) Section 401 of the Federal Election Campaign Act of
1971 (2) U.S.C. 451) is amended by striking ``such
Secretary'' and substituting ``the Secretary''.
(h) Section 917(a)(4) of the Consumer Credit Protection Act
(15 U.S.C. 1693o(a)(4)) is amended by striking ``Civil
Aeronautics Board'' and substituting ``Secretary of
Transportation''.
(i) In section 17(d) of the Noise Control Act of 1972
(Public Law 92-574, 86 Stat. 1249), strike ``such terms have
under the first section of the Act of February 17, 1911 (45
U.S.C. 22)'' and substitute ``the term `railroad carrier'
has in section 20102 of title 49, United States Code''.
(j) 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 ``the Pipeline Safety Act''
and substitute ``section 60101(a) of title 49, United States
Code''.
(2) In section 107(c)(1)(C), strike ``the Hazardous Liquid
Pipeline Safety Act of 1979'' and substitute ``section
60101(a) of title 49, United States Code''.
(k) Section 241(2) of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12161(2)) is amended by striking
``commuter service'' and substituting ``commuter rail
passenger transportation''.
SEC. 7 REPEAL OF OTHER LAWS.
The following are repealed:
(1) Section 119 ``Sec. 404(f)'' of the Amtrak
Reorganization Act of 1979 (Public Law 96-73, 93 Stat. 547).
(2) Sections 1 (a)(3) and (b), 2, and 4-6 of the
Reorganization Plan No. 2 of 1968 (effective June 30, 1968,
82 Stat. 1369, 1370).
(3) Sections 5005 and 6020 of the Intermodal Surface
Transportation Efficiency Act (49 U.S.C. 301(notes)).
(4) Section 317 of the Department of Transportation and
Related Agencies Appropriations Act, 1995 (49 U.S.C.
44502(note)).
(5) The Department of Transportation Act (Public Law 89-
670, 80 Stat. 931).
(6) Sections 129 and 135 of the Airport and Airway Safety,
Capacity, Noise Improvement, and Intermodal Transportation
Act of 1992 (Public Law 102-581, 106 Stat. 4886, 4888).
(7) Section 27 of the Bus Regulatory Reform Act of 1982
(Public Law 97-261, 96 Stat. 1126).
(8) Section 4007 (a), (c), (d), and (e) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law
102-240, 105 Stat. 2151, 2152).
SEC. 8. EFFECTIVE DATE.
(1) The amendments made by sections 3 and 5(10)-(17), (19),
(20), (52), (53), (55), (61), (62), (65), (70), (77), (78),
and (91)-(93) of this Act shall tale effect on July 5, 1994.
(2) The amendment made by section 5(82)(A) of this Act
shall take effect on October 31, 1994.
SEC. 9. LEGISLATIVE PURPOSE AND CONSTRUCTION.
(a) No Substantive Chance.--This Act restates, without
substantive change, laws enacted before March 1, 1996, that
were replaced by this Act. This Act may not be construed as
making a substantive change in the laws replaced. Laws
enacted after February 29, 1996, that are inconsistent with
this Act supersede this Act to the extent of the
inconsistency.
[[Page H8608]]
(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 provisions 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. 10. 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 law specified in the following
schedule is 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:
SCHEDULE OF LAWS REPEALED
Statutes at Large
------------------------------------------------------------------------
Chapter Statutes at U.S. Code
or Large -----------------
Date Public Section ------------------
Law Volume Page Title Section
------------------------------------------------------------------------
1916
Sept. 3, 436..... ................ 39 721, 722 45 65, 66
5.
------------------------------------------------------------------------
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California [Mr. Moorhead] and the gentleman from Virginia [Mr. Scott]
each will control 20 minutes.
The Chair recognizes the gentleman from California [Mr. Moorhead].
Mr. MOORHEAD. Mr. Speaker, I yield myself such time as I may consume.
(Mr. MOORHEAD asked and was given permission to revise and extend his
remarks.)
Mr. MOORHEAD. Mr. Speaker, I rise in support of H.R. 2297, which
restates without substantive change, laws related to transportation and
makes other technical improvements in the United States Code. The bill
was prepared for the House Judiciary Committee by the Office of the Law
Revision Counsel under its authority under section 285(b) of title 2,
United States Code, to prepare and submit periodically revisions of
positive law titles of the Code to keep those titles current.
The Office of the Law Revision Counsel is engaged in an ongoing
project of preparing various titles of the United States Code for
enactment into positive law. Such codifications are important because
they facilitate access to the law on a particular subject by putting it
in one place--obviating the necessity of examining disparate statutes.
Amending positive law involves fewer technical complexities--and thus
presents fewer opportunities for errors--because the United States Code
itself is amended rather than having to enact changes in various acts.
Finally, positive law facilitates proof in judicial proceedings,
because the text of United States Code titles enacted into positive law
is legal evidence in Federal and State courts of the laws contained
therein.
Congress codified title 49 into positive law in segments--initially
completing the task with the July 5, 1994 enactment of Public Law 103-
272. Later that year, Congress enacted Public Law 103-429 to make
technical improvements and incorporate title 49 transportation related
laws enacted after the June 30, 1993 cutoff date for Public Law 103-272
or not otherwise included in title 49.
Today, we again update title 49--this time to incorporate an
additional law not already included in the codification and make
further technical corrections. Some of these technical changes are
necessitated by events after the September 25, 1994 cutoff date for the
last transportation related codification--including the enactment of
Public Law 103-88, the ICC Termination Act of 1995, on December 29,
1995.
As the result of comments received from various departments and
agencies concerned with transportation, and interested private parties,
the Office of Law Revision Counsel prepared an amendment in the nature
of a substitute to incorporate changes resulting from the comments.
After reviewing the legislation as reported by the Committee on the
Judiciary, the chairman of the Committee on Commerce, Mr. Bliley, and
the chairman of the Committee on Science, Mr. Walker, advised me of
their support. To reflect comments from the Committee on Transportation
and Infrastructure, the Office of Law Revision Counsel proposed some
additional changes--which are incorporated in the manager's amendment.
The Law Revision Counsel assures me that H.R. 2297, as amended, makes
no change in the substance of existing law. Therefore, no additional
cost to the Government would be incurred as a result of enactment. Pay-
as-you-go procedures would not apply, because enactment would not
affect direct spending or receipts.
By updating and improving the codification of title 49, this
legislation will provide to be beneficial to Congress, the courts, and
the public. I urge my colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, these changes in the bill are technical. There are no
substantive changes in the law. It merely codifies and clarifies
present law, and I urge the Members to support the bill.
Mr. Speaker, I yield back the balance of my time.
Mr. MOORHEAD. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California [Mr. Moorhead] that the House suspend the
rules and pass the bill, H.R. 2297, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________