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January 1983 amendment of the Bankruptcy Code (Pub. L. 97-449)

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Act of Jan. 12, 1983, Pub. L. No. 97-449, 96 Stat. 2413

An Act To revise, codify, and enact without substantive change certain general and permanent laws related to transportation as subtitle I and chapter 31 of subtitle II of title 49, United States Code, “Transportation”

Ninety-Seventh Congress, Session II · Approved January 12, 1983

This is an unofficial transcription, prepared by Robert J. Pfister for ease of reading and copying. The authoritative text is the United States Statutes at Large.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

subtitle I and chapter 31 of subtitle II of title 49, united states code

Section 1. (a) Certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted by subsection (b) of this section without substantive change as subtitle I and chapter 31 of subtitle II of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. § ——”.

(b) Title 49, United States Code, is amended by striking out the table of subtitles at the beginning of the title and substituting the following new table of subtitles and subtitles I and II:

TITLE 49—TRANSPORTATION

SubtitleSec.
I.DEPARTMENT OF TRANSPORTATION101
II.TRANSPORTATION PROGRAMS3101
III.[RESERVED—AIR TRANSPORTATION]
IV.INTERSTATE COMMERCE10101
V.[RESERVED—MISCELLANEOUS]

SUBTITLE I—DEPARTMENT OF TRANSPORTATION

ChapterSec.
1.ORGANIZATION101
3.GENERAL DUTIES AND POWERS301
5.SPECIAL AUTHORITY501

CHAPTER 1—ORGANIZATION

Sec.

101.Purpose.
102.Department of Transportation.
103.Federal Railroad Administration.
104.Federal Highway Administration.
105.National Highway Traffic Safety Administration.
106.Federal Aviation Administration.
107.Urban Mass Transportation Administration.
108.Coast Guard.
109.Maritime Administration.
110.St. Lawrence Seaway Development Corporation.

[96 Stat. 2414–2441 omitted (28 pages)]

(c) Section 307(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1348(b)) is amended by adding at the end thereof the following new sentence: “The Secretary may, subject to such regulations, supervision, and review as he may prescribe, from time to time make such provision as he shall deem appropriate authorizing the performance by a Federal department or agency, with the consent of the department or agency, of any function under this subsection.”.

conforming cross-references

Sec. 5. (a) Title 11, United States Code, is amended as follows:

(1) In item 1166 of the analysis of chapter 11, strike out “Interstate Commerce Act” and substitute “subtitle IV of title 49”.

(2) In section 1166—

(A) in the catchline, strike out “Interstate Commerce Act” and substitute “subtitle IV of title 49”; and

(B) in the text, strike out “the Interstate Commerce Act (49 U.S.C. 1 et seq.)” and substitute “subtitle IV of title 49”.

(3) In section 1169, strike out “the Interstate Commerce Act (49 U.S.C. 1 et seq.)” and substitute “subtitle IV of title 49”.

(b) Section 42(e) of title 14, United States Code, is amended by striking out “section 9(d)(1) of the Department of Transportation Act (80 Stat. 944; 49 U.S.C. 1657)” and substituting “section 324(d) of title 49”.

(c) Section 2341(3) of title 18, United States Code, is amended by striking out “the Interstate Commerce Act” and substituting “subtitle IV of title 49”.

(d) Title 23, United States Code, is amended as follows:

(1) In section 117(e), strike out “section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f))” and substitute “section 303 of title 49”.

(2) In the analysis of chapter 3, strike out item 303.

(3) In section 322(a), strike out “, conducted under authority of the Act entitled ‘An Act to authorize the Secretary of Commerce to undertake research and development in high-speed ground transportation, and for other purposes’, approved September 30, 1965 (49 U.S.C. 1631 et seq.)”.

(e) The Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) is amended as follows:

(1) In section 7701(a)(33)(F), strike out “part III of the Interstate Commerce Act” and substitute “subchapter III of chapter 105 of title 49”.

(2) In section 7701(a)(33)(H), strike out “part I of the Interstate Commerce Act” and substitute “subchapter I of chapter 105 of title 49”.

(f) Section 1337(a) and (b) of title 28, United States Code, is amended by striking out “section 20(11) of part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act (49 U.S.C. 319)” and substituting “section 11707 of title 49”.

(g) Subtitle IV of title 49, United States Code, is amended as follows:

(1) In section 10526(a)(5), strike out “section 1141j(a) of title 12” and substitute “section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))”.

(2) In section 10544(d)(1)(B), strike out “chapters 23 and 23A of title 46” and substitute “the Shipping Act, 1916 (46 U.S.C. 801 et seq.) or the Intercoastal Shipping Act, 1933 (46 U.S.C. 843–848)”.

(3) In section 10562(1), strike out “section 1141j(a) of title 12” and substitute “section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))”.

(4) In the first sentence of section 10705(c), strike out “subtitle” and substitute “title”.

(5) In section 10703(a)(4)(D)(ii), strike out “section 801 or sections 843–849 of title 46” and substitute “section 1 of the Shipping Act, 1916 (46 U.S.C. 801) or the Intercoastal Shipping Act, 1933 (46 U.S.C. 843–848)”.

(6) In section 10925(d)(1), strike out “certificate” and substitute “certificate or permit”.

(7) In section 11346(a), strike out “section 1654(c)” and substitute “section 333(c)”.

(8) In section 11348(a)—

(A) insert “504(f),” immediately before “10764”; and

(B) strike out “11711,”.

(9) In section 11361(b), strike out “section 205” and substitute “subchapter IV”.

legislative purpose and construction

Sec. 6. (a) Sections 1–5 of this Act restate, without substantive change, laws enacted before November 15, 1982, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after November 14, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.

(b) A reference to a law replaced by sections 1–5 of 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) An order, rule, or regulation in effect under a law replaced by sections 1–5 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

(d) An action taken or an offense committed under a law replaced by sections 1–5 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.

(e) 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 the caption or catchline thereof.

(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of 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.

repeals

Sec. 7. (a) 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) The laws specified in the following schedule are repealed, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this Act:

[96 Stat. 2444 omitted (1 page)]

Schedule of Laws Repealed—Continued

Statutes at Large

Statutes at Large
DateChapter or Public LawSectionVolumePage
1976
Feb. 594-210401, 905, 9069061, 148, 149
July 894-348690820
July 1294-3531690882
1978
Mar. 2795-2512(a)(12) “Sec. 9(a)”92183
Oct. 2495-50445921753
1980
Feb. 1596-192289448
May 3096-25420794413
Oct. 396-3712941362
Oct. 1996-470112(e)942240
1981
Aug. 697-3112(8)95154
Aug. 1397-351194(a), 119795702, 703

United States Code

TitleSection
23303

Reorganization Plans

Statutes at Large
YearPlan No.SectionVolumePage
196822, 3821369

Approved January 12, 1983.