In the Senate of the United States,

August 10 (legislative day, July 10), 1995.

Resolved, That the bill from the House of Representatives (H.R. 2002) entitled ‘‘An Act making appropriations for

the Department of Transportation and related agencies for

the fiscal year ending September 30, 1996, and for other purposes’’, do pass with the following

AMENDMENTS:

1 Ω1æPage 2, line 11, strike out ø$55,011,500¿ and insert:

2 $56,500,000

3 Ω2æPage 2, line 11, strike out ø$40,000¿ and insert:

4 $60,000

5 Ω3æPage 2, line 20, strike out øduplicate physical copies¿

6 and insert: custody

7 Ω4æPage 2, line 23, strike out øor open them¿ and insert:

8 and open
2

HR 2002 EAS

1 Ω5æPage 3, line 3, strike out ø$6,554,000¿ and insert:

2 $12,083,000

3 Ω6æPage 3, line 10, strike out ø$3,309,000¿ and insert:

4 $9,710,000

5 Ω7æPage 3, line 16, strike out ø$102,231,000¿ and insert:

6 $104,364,000

7 Ω8æPage 4, line 1, strike out ø$15,000,000¿ and insert:

8 $26,738,536

9 Ω9æPage 4, line 5, strike out ø$15,000,000¿ and insert:

10 $26,738,536

11 Ω10æPage 4, line 18, strike out øseventy¿ and insert: sev12 enty-five

13 Ω11æPage 4, line 19, after ‘‘dium’’ insert: or small

14 Ω12æPage 4, line 19, after ‘‘airport,’’ insert: except for any

15 such community in which is located an airline maintenance

16 facility performing required Federal Aviation Regulation

17 heavy engine heavy structural airframe maintenance work

18 in accordance with Part 135.411(a)(2),

19 Ω13æPage 4, line 21, strike out øand ten¿

20 Ω14æPage 4, line 24, strike out ø$23,600,000¿ and insert:

21 $11,861,464
3

HR 2002 EAS

1 Ω15æPage 4, line 25, strike out all after ‘‘rescinded’’ over

2 to and including ‘‘tation’’ in line 7 on page 6

3 Ω16æPage 6, line 16, strike out ø$130,803,000¿ and in4 sert: $139,689,000

5 Ω17æPage 6, line 24, strike out ø$17,099,000¿ and insert:

6 $17,685,000

7 Ω18æPage 7, line 15, strike out ø$2,900,000¿ and insert:

8 $2,100,000

9 Ω19æPage 7, line 16, strike out ø$2,642,000¿ and insert:

10 $1,842,000

11 Ω20æPage 7, line 17, after ‘‘1997’’ insert: : Provided, That

12 notwithstanding 49 U.S.C. 332, these funds may be used

13 for business opportunities related to any mode of transpor14 tation

15 Ω21æPage 7, after line 17 insert:

16 INTERSTATE COMMERCE COMMISSION SUNSET

17 For necessary expenses, of the Office of the Secretary,

18 not otherwise provided for, $4,705,000, to transfer residual

19 rail and motor carriers functions from the Interstate Com20 merce Commission to the Department of Transportation.

21 Ω22æPage 8, line 1, strike out ø$2,565,607,000¿ and in22 sert: $2,286,000,000
4

HR 2002 EAS

1 Ω23æPage 8, line 3, strike out all after ‘‘Fund’’ down to

2 and including ‘‘Account’’ in line 4

3 Ω24æPage 8, line 18, strike out all after ‘‘12839’’ down

4 to and including ‘‘activities’’ in line 21

5 Ω25æPage 9, line 2, strike out ø$375,175,000¿ and insert:

6 $366,800,000

7 Ω26æPage 9, line 4, strike out ø$191,200,000¿ and insert:

8 $178,000,000

9 Ω27æPage 9, line 7, strike out ø$16,500,000¿ and insert:

10 $14,500,000

11 Ω28æPage 9, line 9, strike out ø$42,200,000¿ and insert:

12 $47,600,000

13 Ω29æPage 9, line 11, strike out ø$82,275,000¿ and insert:

14 $80,200,000

15 Ω30æPage 9, line 13, strike out ø$43,000,000¿ and insert:

16 $46,500,000

17 Ω31æPage 9, line 19, strike out all after ‘‘pacity’’ over to

18 and including ‘‘plans’’ in line 2 on page 10

19 Ω32æPage 10, line 2, after ‘‘plans’’ insert: : Provided fur20 ther, That the Commandant shall dispose of surplus real
5

HR 2002 EAS

1 property by sale or lease and the proceeds of such sale or

2 lease shall be credited to this appropriation

3 Ω33æPage 10, after line 7 insert:

4 PORT SAFETY DEVELOPMENT

5 For necessary expenses for debt retirement of the Port

6 of Portland, Oregon, $15,000,000 to remain available until

7 expended.

8 Ω34æPage 10, line 10, strike out ø$16,000,000¿ and in9 sert: $2,000,000

10 Ω35æPage 10, line 24, strike out ø$61,859,000¿ and in11 sert: $62,000,000

12 Ω36æPage 11, line 6, strike out ø$18,500,000¿ and insert:

13 $20,000,000

14 Ω37æPage 11, strike out lines 13 through 18

15 Ω38æPage 11, strike out all after line 18, over to and in16 cluding line 2 on page 12

17 Ω39æPage 12, after line 4 insert:

18 (INCLUDING TRANSFER OF FUNDS)

19 Ω40æPage 12, line 16, strike out ø$4,600,000,000¿ and

20 insert: $4,550,000,000
6

HR 2002 EAS

1 Ω41æPage 12, line 16, strike out ø$1,871,500,000¿ and

2 insert: $1,865,000,000

3 Ω42æPage 12, line 21, strike out øaviation¿ and insert:

4 agency

5 Ω43æPage 12, line 22, after ‘‘including’’ insert: receipts

6 for

7 Ω44æPage 13, line 1, after ‘‘forms’’ insert: and in addition

8 $10,000,000, to be credited to this appropriation from fees

9 established and collected to cover the cost of safety and secu10 rity regulation under the jurisdiction of the Federal Avia11 tion Administration

12 Ω45æPage 13, line 11, after ‘‘pay’’ insert: : Provided fur13 ther, That none of the funds appropriated in this or any

14 subsequent Act may be used to pay premium pay under

15 5 U.S.C. 5546a for any fiscal year beginning after Septem16 ber 30, 1995; except that, (i) for fiscal year 1996, such pre17 mium pay may be paid at 50 percent of the rate specified

18 in 5 U.S.C. 5546a; and (ii) for fiscal year 1997, such pre19 mium pay may be paid at 25 percent of the rate specified

20 in 5 U.S.C. 5546a

21 Ω46æPage 13, line 11, after ‘‘pay’’ insert: : Provided fur22 ther, That the unexpended balances of the appropriation

23 ‘‘Office of Commercial Space Transportation, Operations
7

HR 2002 EAS

1 and Research’’ shall be transferred to and merged with this

2 appropriation: Provided further, That none of the funds de3 rived from the Airport and Airway Trust Fund may be

4 used to support the operations and activities of the Associ5 ate Administrator for Commercial Space Transportation

6 Ω47æPage 14, line 3, strike out ø$2,000,000,000¿ and in7 sert: $1,890,377,000

8 Ω48æPage 14, line 4, strike out ø$1,784,000,000¿ and in9 sert: $1,674,377,000

10 Ω49æPage 14, line 5, strike out øand¿

11 Ω50æPage 14, line 6, after ‘‘1996’’ insert: , and of which

12 $10,000,000, to remain available until expended, is for

13 funding noncompetitive cooperative agreements with air

14 carriers to assist them in acquiring and installing the fol15 lowing advanced security equipment: (1) hardened unit

16 load devices, (2) explosive detection systems certified by the

17 Federal Aviation Administration, and (3) computer-aided

18 screener training and proficiency systems, in order to

19 evaluate such equipment’s operational feasibility and effec20 tiveness in improving civil aviation security)

21 Ω51æPage 14, line 15, strike out ø$60,000,000¿ and in22 sert: $70,000,000
8

HR 2002 EAS

1 Ω52æPage 14, line 22, strike out ø$143,000,000¿ and in2 sert: $215,886,000

3 Ω53æPage 15, after line 5, insert:

4 (INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

5 Ω54æPage 15, line 16, strike out ø$1,600,000,000¿ and

6 insert: $1,250,000,000

7 Ω55æPage 15, line 19, after ‘‘Code’’ insert: : Provided fur8 ther, That none of the funds in this Act shall be available

9 for the planning and execution of programs the obligations

10 for which are in excess of $20,000,000 for the ‘‘Military Air11 ports Program’’ and $50,000,000 for the ‘‘Reliever Airports

12 Program’’

13 Ω56æPage 15, line 19, after ‘‘Code’’ insert: : Provided fur14 ther, That of the available contract authority balances

15 under this account, $5,000,000 are rescinded

16 Ω57æPage 16, line 12, strike out ø$495,381,000¿ and in17 sert: $548,434,000

18 Ω58æPage 16, line 16, strike out ø$190,667,000¿ and in19 sert: $248,909,000

20 Ω59æPage 16, line 26, strike out ø$10,000,000¿ and in21 sert: $13,000,000
9

HR 2002 EAS

1 Ω60æPage 17, line 7, strike out ø$10,000,000¿ and insert:

2 $13,000,000

3 Ω61æPage 17, line 14, strike out ø$18,000,000,000¿ and

4 insert: $17,000,000,000

5 Ω62æPage 18, line 18, strike out ø$79,150,000¿ and in6 sert: $75,000,000

7 Ω63æPage 18, after line 18, insert:

8 SURFACE TRANSPORTATION PROJECTS

9 For up to 80 percent, or as specified in authorizing

10 legislation, of the expenses necessary for certain highway

11 and surface transportation projects and parking facilities,

12 including feasibility and environmental studies, that ad13 vance methods of improving safety, reducing congestion, or

14 otherwise improving surface transportation, $39,500,000, to

15 remain available until expended.

16 Ω64æPage 18, line 26, strike out ø$73,316,570¿ and in17 sert: $71,261,000

18 Ω65æPage 18, line 26, strike out ø$37,825,850¿ and in19 sert: $36,770,676

20 Ω66æPage 19, line 1, strike out all after ‘‘1998’’ down to

21 and including ‘‘effect’’ in line 8
10

HR 2002 EAS

1 Ω67æPage 19, line 16, strike out ø$52,011,930¿ and in2 sert: $50,344,000

3 Ω68æPage 19, line 16, strike out ø$32,770,670¿ and in4 sert: $31,716,720

5 Ω69æPage 19, strike out lines 18 through 23

6 Ω70æPage 20, line 8, strike out ø$153,400,000¿ and in7 sert: $155,100,000

8 Ω71æPage 20, line 14, strike out ø$153,400,000¿ and in9 sert: $155,100,000

10 Ω72æPage 20, line 15, strike out ø$126,000,000¿ and in11 sert: $128,000,000

12 Ω73æPage 20, line 17, strike out ø$2,400,000¿ and insert:

13 $2,100,000

14 Ω74æPage 20, line 18, strike out all after ‘‘Register’’ ’’

15 down to and including ‘‘therein)’’ in line 20 and insert:

16 subject to authorization

17 Ω75æPage 20, line 22, strike out all after ‘‘programs’’ ’’

18 over to and including ‘‘usage’’ in line 1 on page 21

19 Ω76æPage 21, line 2, strike out ø$5,153,000¿ and insert:

20 $5,211,000

21 Ω77æPage 21, line 7, strike out ømay¿ and insert: shall
11

HR 2002 EAS

1 Ω78æPage 21, line 9, strike out ø$890,000¿ and insert:

2 $777,000

3 Ω79æPage 21, line 15, strike out ø$14,000,000¿ and in4 sert: $14,018,000

5 Ω80æPage 22, line 17, strike out ø$49,940,660¿ and in6 sert: $49,105,000

7 Ω81æPage 22, line 21, strike out ø$21,000,000¿ and in8 sert: $25,775,000

9 Ω82æPage 23, line 3, strike out ø$100,000,000¿ and in10 sert: $130,000,000

11 Ω83æPage 24, line 3, strike out all after ‘‘Rail’’ down to

12 and including ‘‘expended’’ in line 4 and insert: studies, cor13 ridor planning, development, demonstration, and imple14 mentation, $20,000,000, to remain available until expended

15 Ω84æPage 24, line 4, after ‘‘expended’’ insert: : Provided,

16 That funds under this head may be made available for

17 grants to States for high speed rail corridor design, feasibil18 ity studies, environmental analyses and track and signal

19 improvements

20 Ω85æPage 24, after line 19, insert:
12

HR 2002 EAS

1 ALASKA RAILROAD REHABILITATION

2 To enable the Secretary of Transportation to make

3 grants to the Alaska Railroad, $10,000,000 shall be for cap4 ital rehabilitation and improvements benefiting its pas5 senger operations.

6 Ω86æPage 24, after line 19, insert:

7 PENNSYLVANIA STATION REDEVELOPMENT PROJECT

8 For grants to the National Railroad Passenger Cor9 poration, $25,000,000, to remain available until expended,

10 for engineering, design and construction activities to enable

11 the James A. Farley Post Office in New York City to be

12 used as a train station and commercial center: Provided,

13 That the Secretary may retain from these funds such

14 amounts as the Secretary shall deem appropriate to under15 take the environmental and historic preservation analyses

16 associated with this project.

17 Ω87æPage 24, after line 19, insert:

18 RHODE ISLAND RAIL DEVELOPMENT

19 For the costs associated with construction of a third

20 track on the Northeast Corridor between Davisville and

21 Central Falls, Rhode Island, with sufficient clearance to ac22 commodate double stack freight cars, $2,000,000 to be

23 matched by the State of Rhode Island or its designee on

24 a dollar for dollar basis and to remain available until ex25 pended: Provided, That as a condition of accepting such
13

HR 2002 EAS

1 funds, the Providence and Worcester (P&W) Railroad shall

2 enter into an agreement with the Secretary to reimburse

3 Amtrak and/or the Federal Railroad Administration, on a

4 dollar for dollar basis, up to the first $7,000,000 in damages

5 resulting from the legal action initiated by the P&W Rail6 road under its existing contracts with Amtrak relating to

7 the provision of vertical clearances between Davisville and

8 Central Falls in excess of those required for present freight

9 operations.

10 Ω88æPage 24, line 24, strike out ø$628,000,000¿ and in11 sert: $605,000,000 to remain available until expended

12 Ω89æPage 24, line 25, strike out ø$336,000,000¿ and in13 sert: $305,000,000

14 Ω90æPage 25, line 1, strike out ø$62,000,000¿ and insert:

15 $100,000,000

16 Ω91æPage 25, line 2, strike out ø$230,000,000¿ and in17 sert: $200,000,000

18 Ω92æPage 25, line 3, strike out all after ‘‘Provided,’’ down

19 to and including ‘‘further,’’ in line 7

20 Ω93æPage 25, line 20, strike out ø$39,260,000¿ and in21 sert: $42,000,000
14

HR 2002 EAS

1 Ω94æPage 25, line 24, strike out ø$890,000,000¿ and in2 sert: $985,000,000

3 Ω95æPage 25, line 25, strike out ø$2,000,000,000¿ and

4 insert: $2,105,850,000

5 Ω96æPage 26, line 4, after ‘‘5336(d)’’ insert: : Provided

6 further, That the limitation on operating assistance pro7 vided under this heading shall, for urbanized areas of less

8 than 200,000 in population, be no less than eighty percent

9 of the amount of operating assistance such areas are eligible

10 to receive under Public Law 103–331

11 Ω97æPage 26, line 4, after ‘‘5336(d)’’ insert: : Provided

12 further, That before apportionment of funds under this

13 heading, $29,325,031 shall be apportioned to areas of

14 200,000 or greater in population

15 Ω98æPage 26, strike out all after line 12, down to and

16 including ‘‘5315’’ in line 19 and insert: $90,000,000

17 Ω99æPage 26, line 26, strike out ø$1,110,000,000¿ and

18 insert: $1,120,850,000

19 Ω100æPage 27, line 15, strike out all after ‘‘and’’ down

20 to and including ‘‘follows’’ in line 17 and insert: , notwith21 standing any other provision of law, and except for fixed

22 guideway modernization projects, $22,840,000 made avail23 able under Public Law 102–388 under ‘‘Federal Transit
15

HR 2002 EAS

1 Administration, Discretionary Grants’’ for projects speci2 fied in that Act or identified in reports accompanying that

3 Act, not obligated by September 30, 1995, shall be made

4 available for new fixed guideway systems together with the

5 $666,000,000 made available for new fixed guideway sys6 tems under this Act, to be available as follows

7 Ω101æPage 27, line 20, strike out ø$17,500,000¿ and in8 sert: $22,620,000

9 Ω102æPage 27, strike out lines 22 through 25

10 Ω103æPage 28, strike out lines 1 through 5

11 Ω104æPage 28, line 8, strike out ø$2,500,000¿ and insert:

12 $3,500,000

13 Ω105æPage 28, line 9, strike out all after ‘‘project’’ down

14 to and including ‘‘therein)’’ in line 11

15 Ω106æPage 28, line 12, strike out ø$5,000,000¿ and in16 sert: $7,000,000

17 Ω107æPage 28, line 13, strike out all after ‘‘project’’ down

18 to and including ‘‘therein)’’ in line 15

19 Ω108æPage 28, line 17, strike out all after ‘‘project’’ down

20 to and including ‘‘therein)’’ in line 19

21 Ω109æPage 28, strike out lines 22 and 23
16

HR 2002 EAS

1 Ω110æPage 28, line 24, strike out ø$125,000,000¿ and

2 insert: $45,000,000

3 Ω111æPage 29, strike out lines 1 and 2

4 Ω112æPage 29, line 3, strike out ø$10,000,000¿ and in5 sert: $15,000,000

6 Ω113æPage 29, line 5, strike out ø$3,000,000¿ and insert:

7 $22,630,000

8 Ω114æPage 29, line 8, strike out all after ‘‘project’’ down

9 to and including ‘‘therein)’’ in line 10

10 Ω115æPage 29, strike out lines 11 through 14

11 Ω116æPage 29, line 15, strike out ø$75,000,000¿ and in12 sert: $85,500,000

13 Ω117æPage 29, strike out lines 17 through 20

14 Ω118æPage 29, line 21, strike out ø$114,989,000¿ and

15 insert: $160,000,000

16 Ω119æPage 29, strike out all after line 22, over to and

17 including line 2 on page 30

18 Ω120æPage 30, line 5, strike out ø$85,500,000¿ and in19 sert: $130,140,000

20 Ω121æPage 30, strike out lines 7 and 8
17

HR 2002 EAS

1 Ω122æPage 30, line 9, strike out ø$10,000,000¿ and in2 sert: $13,000,000

3 Ω123æPage 30, line 11, strike out ø$5,000,000¿ and in4 sert: $14,519,000

5 Ω124æPage 30, line 12, strike out all after ‘‘project’’ down

6 to and including ‘‘costs’’ in line 14

7 Ω125æPage 30, line 15, strike out ø$10,000,000¿ and in8 sert: $22,620,000

9 Ω126æPage 30, line 15, strike out all after ‘‘BART’’ down

10 to and including ‘‘airport’’ in line 16 and insert: extension/

11 tasman corridor

12 Ω127æPage 30, strike out lines 17 through 20

13 Ω128æPage 30, strike out lines 21 through 24

14 Ω129æPage 31, strike out lines 1 through 4

15 Ω130æPage 31, line 6, strike out all after ‘‘project’’ down

16 to and including ‘‘therein)’’ in line 8

17 Ω131æPage 31, after line 8, insert:

18 $11,300,000 for the Burlington-Charlotte, Ver19 mont commuter rail project; and

20 Ω132æPage 31, after line 8, insert:
18

HR 2002 EAS

1 $5,000,000 for the Chicago central area

2 circulator.

3 Ω133æPage 31, line 14, strike out ø$2,000,000,000¿ and

4 insert: $1,700,000,000

5 Ω134æPage 31, line 21, strike out ø$200,000,000¿ and

6 insert: $170,000,000

7 Ω135æPage 32, line 6, after ‘‘year’’ insert: : Provided,

8 That, notwithstanding any other provision of law, no funds

9 made available to the Saint Lawrence Seaway Development

10 Corporation from the Harbor Maintenance Trust Fund

11 may be obligated for fiscal year 1996, if the Saint Lawrence

12 Seaway Development Corporation expends or obligates

13 funds from the financial reserve fund of the Corporation

14 for the design, development, or procurement of a global posi15 tion system vessel traffic service system during that fiscal

16 year: Provided further, That no funds made available to

17 the Saint Lawrence Seaway Development Corporation from

18 the Harbor Maintenance Trust Fund pursuant to this Act

19 may be used by the Corporation during fiscal year 1996

20 for those purposes

21 Ω136æPage 32, line 12, strike out ø$10,190,500¿ and in22 sert: $10,150,000
19

HR 2002 EAS

1 Ω137æPage 32, line 20, strike out ø$26,030,000¿ and in2 sert: $24,281,000

3 Ω138æPage 32, line 22, strike out all after ‘‘1998’’ over

4 to and including ‘‘expended’’ in line 1 on page 33

5 Ω139æPage 33, line 17, strike out ø$29,941,000¿ and in6 sert: $32,973,000

7 Ω140æPage 33, line 19, strike out ø$27,243,000¿ and in8 sert: $30,275,000

9 Ω141æPage 33, line 23, strike out ø$1,000,000¿ and in10 sert: $1,500,000

11 Ω142æPage 34, line 6, strike out ø$8,890,000¿ and insert:

12 $9,200,000

13 Ω143æPage 34, line 16, strike out ø$40,238,000¿ and in14 sert: $39,891,200

15 Ω144æPage 34, after line 16, insert:

16 BUREAU OF TRANSPORTATION STATISTICS

17 For expenses necessary to conduct activities related to

18 airline statistics, $2,200,000, of which $272,000 shall re19 main available until expended.

20 Ω145æPage 34, line 25, strike out ø$3,656,000¿ and in21 sert: $3,500,000
20

HR 2002 EAS

1 Ω146æPage 35, line 12, strike out ø$38,774,000¿ and in2 sert: $37,500,000

3 Ω147æPage 35, line 22, strike out ø$160,802¿ and insert:

4 $360,802

5 Ω148æPage 36, strike out lines 2 through 12 and insert:

6 SALARIES AND EXPENSES

7 For necessary expenses of the Interstate Commerce

8 Commission, $13,379,000 shall be for severance, closing

9 costs, and other expenses.

10 Ω149æPage 38, line 7, strike out all after ‘‘by’’ down to

11 and including ‘‘236–244)’’ in line 8 and insert: title VIII

12 of the Elementary and Secondary Education Act of 1965,

13 20 U.S.C. 7701, et. seq.

14 Ω150æPage 42, line 18, strike out øpursuant to paragraph

15 (d)¿

16 Ω151æPage 43, line 10, strike out øand ten¿

17 Ω152æPage 43, strike out lines 21 and 22

18 Ω153æPage 47, line 16, strike out ø$10,000,000¿ and in19 sert: $5,000,000

20 Ω154æPage 47, line 19, strike out ø$92,231,000¿ and in21 sert: $99,364,000
21

HR 2002 EAS

1 Ω155æPage 48, strike out all after line 21, over to and

2 including line 4 on page 49

3 Ω156æPage 50, lines 14 and 15, strike out ø(excluding

4 the Maritime Administration)¿

5 Ω157æPage 50, line 18, strike out øcollocate¿ and insert:

6 consolidate

7 Ω158æPage 50, line 19, strike out øsurface transportation

8 field offices¿ and insert: administrative activities

9 Ω159æPage 51, line 7, after ‘‘transfers’’ insert: : Provided

10 further, That, notwithstanding 5 U.S.C. 905(b), the Presi11 dent may prepare and transmit to Congress not later than

12 the date for transmittal to Congress of the Budget Request

13 for Fiscal Year 1997, a reorganization plan pursuant to

14 chapter 9 of title 5, United States Code, for the reorganiza15 tion of the surface transportation activities of the Depart16 ment of Transportation and the relationship of the Saint

17 Lawrence Seaway Development Corporation to the Depart18 ment

19 Ω160æPage 51, line 9, strike out all after ‘‘appropriated’’

20 down to and including ‘‘Secretary’’ in line 10 and insert:

21 in this Act

22 Ω161æPage 51, strike out all after line 14, over to and

23 including line 9 on page 52 and insert:
22

HR 2002 EAS

1 SEC. 337. None of the funds appropriated by this Act

2 shall be made available for employee training unless such

3 training is consistent with the provisions of 5 U.S.C. 4101

4 et seq., as amended.

5 Ω162æPage 52, strike out lines 10 through 24

6 Ω163æPage 53, after line 13, insert:

7 (c) For the purposes of section (a), the time an individ8 ual has spent on the worker’s compensation rolls shall be

9 counted as regular employment time.

10 Ω164æPage 53, strike out lines 14 through 23

11 Ω165æPage 53, strike out all after line 23, over to and

12 including line 3 on page 54

13 Ω166æPage 54, strike out lines 4 through 17

14 Ω167æPage 54, after line 17, insert:

15 SEC. 343. Notwithstanding any other law, the funds

16 available for obligation to carry out the project in West

17 Calcasieu Parish, Louisiana, authorized by section

18 149(a)(87) of the Surface Transportation and Uniform Re19 location Assistance Act of 1987 (Public Law 101–17; 101

20 Stat. 194) shall be made available for obligation to carry

21 out the project for Lake Charles, Louisiana, authorized by

22 item 17 of the table in section 1106(a)(2) of the Intermodal
23

HR 2002 EAS

1 Surface Transportation Efficiency Act of 1991 (Public Law

2 102–240; 105 Stat. 2038).

3 Ω168æPage 54, after line 17, insert:

4 SEC. 344. Improvements identified as highest priority

5 by section 1069(t) of Public Law 102–240 and funded pur6 suant to section 118(c)(2) of title 23, United States Code,

7 shall not be treated as an allocation for Interstate mainte8 nance for such fiscal year under section 157(a)(4) of title

9 23, United States Code, and sections 1013(c), 1015(a)(1),

10 and 1015(b)(1) of Public Law 102–240: Provided, That any

11 discretionary grant made pursuant to Public Law 99–663

12 shall not be subject to section 1015 of Public Law 102–240.

13 Ω169æPage 54, after line 17, insert:

14 SEC. 345. The Secretary, in consultation with the Sec15 retary of Labor and the Administrator of the Environ16 mental Protection Agency shall, within three months of the

17 date of enactment of this Act, carry out research to identify

18 successful telecommuting programs in the public and pri19 vate sectors and provide for the dissemination to the public

20 of information regarding the establishment of successful

21 telecommuting programs and the benefits and costs of

22 telecommuting. Within one year of the date of enactment

23 of this Act, the Secretary shall report to Congress its find24 ings, conclusions, and recommendations regarding

25 telecommuting developed under this section.
24

HR 2002 EAS

1 Ω170æPage 54, after line 17, insert:

2 SEC. 346. Notwithstanding section 1003(c) of Public

3 Law 102–240, authorizations for the Indian Reservation

4 Roads under Section 1003(a)(6)(A) of Public Law 102–240

5 shall be exempt from any reduction in authorizations for

6 budget compliance.

7 Ω171æPage 54, after line 17, insert:

8 SEC. 347. Notwithstanding any other provision of law,

9 for fiscal year 1996, the Secretary shall allocate to a State

10 an additional amount of funding for its Federal-aid high11 way programs on a dollar for dollar basis to the extent that

12 prior year unobligated balances are withdrawn and can13 celed. Such funds are subject to the obligation ceiling for

14 Federal-aid Highways set by annual appropriations Acts:

15 Provided, That prior year unobligated balances may not

16 be withdrawn and canceled that were suballocated under

17 title 23 or Public Law 102–240 or were made available

18 under the congestion mitigation and air quality program.

19 Ω172æPage 54, after line 17, insert:

20 SEC. 348. Notwithstanding any other provision of law,

21 for fiscal year 1996, a State may, at its option, transfer

22 those funds authorized or appropriated for highway dem23 onstration projects under Public Law 102–240, Public Law

24 100–17, Public Law 97–424, or under an applicable appro25 priations act for the Department of Transportation, to its
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1 apportionment under section 104(b)(1), (2), (3), (5), and

2 144 of title 23, United States Code: Provided, That dem3 onstration projects upon which such funds are drawn have

4 not gone to construction (although obligations may have

5 been incurred for preliminary engineering or environ6 mental studies). Funds transferred under this section shall

7 be subject to the laws, regulations, policies, and procedures,

8 relating to the apportionment to which they are transferred

9 and shall be subject to the obligation ceiling for Federal10 aid highways set by annual appropriations Acts.

11 Ω173æPage 54, after line 17, insert:

12 SEC. 349. INTERSTATE COMPACT INFRASTRUCTURE

13 BANKS.—Chapter 3 of title 49, United States Code, is

14 amended by the addition of the following new section 334:

15 ‘‘SEC. 334. INTERSTATE COMPACT INFRASTRUCTURE

16 BANKS.—(a) CONSENT TO INTERSTATE COMPACTS.—In

17 order to increase public investment, attract needed private

18 investment, and promote an intermodal transportation net19 work, Congress grants consent to the States to establish

20 State infrastructure banks and to enter into interstate com21 pacts establishing transportation infrastructure banks to

22 promote regional or multi-State investment in transpor23 tation infrastructure and thereby improve economic produc24 tivity.
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1 ‘‘(b) ASSISTANCE FOR TRANSPORTATION PROJECTS,

2 PROGRAMS, AND ACTIVITIES.—A State or Interstate Com3 pact Transportation Infrastructure Bank (Infrastructure

4 Bank) established under this section may make loans, issue

5 debt under the authority of the Infrastructure Bank’s State

6 jurisdictions either jointly or separately as the Infrastruc7 ture Bank and its jurisdictions determine, and provide

8 other assistance to public or private entities constructing,

9 or proposing to construct or initiate, transportation

10 projects, programs, or activities that are eligible to receive

11 financial assistance under—

12 ‘‘(1) title 23, United States Code, and the Inter13 modal Surface Transportation Efficiency Act of 1991;

14 and

15 ‘‘(2) chapters 53 and 221 and subtitle VII, part

16 B, of this title.

17 ‘‘(c) FORMS OF ASSISTANCE.—An Infrastructure Bank

18 may loan or provide other assistance to a public or private

19 entity in an amount equal to all or part of the cost of con20 struction or capital cost of a qualifying project. The amount

21 of any loan or other assistance received for a qualifying

22 project under this section may be subordinated to any other

23 debt financing for the project. For purposes of this sub24 section, the term ‘other assistance’ includes any use of funds

25 for the purpose of credit enhancements, use as a capital re-
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1 serve for bond or debt instrument financing, bond or debt

2 instrument financing issuance costs, bond or debt issuance

3 financing insurance, subsidizing of interest rates, letters of

4 credit, credit instruments, bond or debt financing instru5 ment security, other forms of debt financing that relate to

6 the qualifying project, and other leveraging tools approved

7 by the Secretary.

8 ‘‘(d) INTERSTATE COMPACT TRANSPORTATION INFRA9 STRUCTURE BANK REQUIREMENTS.—In order to qualify an

10 Interstate Compact Transportation Infrastructure Bank for

11 capitalization grants under this section, each participating

12 State shall—

13 ‘‘(1) deposit into the Infrastructure Bank, from

14 non-Federal or Federal sources other than this title or

15 title 23, United States Code, an amount equal to 25

16 percent of each capitalization grant or, if lower be17 cause of the proportion of Federal lands in the State,

18 the proportional non-Federal share that a State

19 would otherwise pay on the basis of section 120(b) of

20 title 23;

21 ‘‘(2) ensure that the Infrastructure Bank main22 tains on a continuing basis an investment grade rat23 ing on its debt issuances or has a sufficient level of

24 bond or debt financing instrument insurance to

25 maintain the viability of the fund;
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1 ‘‘(3) ensure that investment income generated by

2 the funds deposited into an Infrastructure Bank shall

3 be—

4 ‘‘(A) credited to the Infrastructure Bank;

5 ‘‘(B) available for use in providing loans

6 and other assistance to qualifying projects, pro7 grams, or activities from the Infrastructure

8 Bank; and

9 ‘‘(C) invested in U.S. Treasury securities,

10 bank deposits, or such other financing instru11 ments as the Secretary may provide to earn in12 terest to enhance the leveraging of qualifying

13 transportation activities;

14 ‘‘(4) provide that the repayment of a loan or

15 other assistance to a State from any loan under this

16 section may be credited to the Infrastructure Bank or

17 obligated for any purpose for which the loaned funds

18 were available under this title or title 23;

19 ‘‘(5) ensure that any loan from an Infrastructure

20 Bank shall bear any positive interest the Bank deter21 mines appropriate to make the qualifying project fea22 sible;

23 ‘‘(6) ensure that repayment of any loan from an

24 Infrastructure Bank shall commence not later than
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1 five years after the facility has opened to traffic or the

2 project, activity or facility has been completed;

3 ‘‘(7) ensure that the term for repaying any loan

4 shall not exceed 30 years from the date of obligation

5 of the loan;

6 ‘‘(8) limit any assignment, transfer, or loan to

7 an Infrastructure Bank to not more than the amount

8 which a State is entitled to under subsection (f) of

9 this section; and

10 ‘‘(9) require the Infrastructure Bank to make an

11 annual report to the Secretary on its status no later

12 than September 30 of each year.

13 ‘‘(e) SECRETARIAL REQUIREMENTS.—In administer14 ing this section, the Secretary shall—

15 ‘‘(1) ensure that federal disbursements for capital

16 reserves shall be at a rate consistent with historic

17 rates for the Federal-aid highway program; and

18 ‘‘(2) specify procedures and guidelines for estab19 lishing, operating, and making loans from an Infra20 structure Bank.

21 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS; CONTRIBU22 TIONS FROM TITLE 23 APPORTIONMENTS.—(1) There are

23 authorized to be appropriated from the Airport and Airway

24 Trust Fund established under section 9502 of the Internal
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1 Revenue Code of 1986 (26 U.S.C. 9502) to carry out this

2 section not more than $250,000,000 in Fiscal Year 1996.

3 ‘‘(2) Notwithstanding the provisions of title 23, United

4 States Code, and Public Law 102–240 (Intermodal Surface

5 Transportation Efficiency Act of 1991), a State may con6 tribute to an Infrastructure Bank up to 10 percent of fed7 eral funds apportioned under section 104(b) of title 23 that

8 are subject to the annual Federal-aid Highways obligation

9 limitation, except for interstate construction and congestion

10 mitigation and air quality program funds: Provided, That

11 a State shall not deposit funds that are suballocated under

12 title 23 or Public Law 102–240.

13 ‘‘(3) A state may disburse funds appropriated under

14 paragraph (f)(1) of this subsection or contributed under

15 (f)(2) of this subsection to an Infrastructure Bank at a rate

16 that does not exceed the traditional rate of disbursement

17 for the Airport Improvement Program or the Federal-aid

18 Highway program, respectively.

19 ‘‘(g) STATE ALLOCATION.—The Secretary shall appor20 tion to the chief executive of each State choosing to partici21 pate in an Infrastructure Bank the percentage allocation

22 of the amount available under paragraph (e)(1) of this sec23 tion on the first day of the fiscal year, as follows:

‘‘State Percentage

‘‘Alabama .................................................................................................. 1.26

‘‘Alaska ...................................................................................................... 5.64

‘‘Arizona .................................................................................................... 2.20

‘‘Arkansas .................................................................................................. 0.74
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‘‘California ................................................................................................ 8.57

‘‘Colorado .................................................................................................. 2.31

‘‘Connecticut .............................................................................................. 0.74

‘‘Delaware ................................................................................................. 0.04

‘‘District of Columbia ............................................................................... 0.01

‘‘Florida ..................................................................................................... 6.49

‘‘Georgia .................................................................................................... 3.08

‘‘Hawaii .................................................................................................... 2.54

‘‘Idaho ........................................................................................................ 0.75

‘‘Illinois ..................................................................................................... 3.92

‘‘Indiana .................................................................................................... 1.46

‘‘Iowa ......................................................................................................... 0.95

‘‘Kansas ..................................................................................................... 0.68

‘‘Kentucky ................................................................................................. 1.80

‘‘Louisiana ................................................................................................ 1.34

‘‘Maine ....................................................................................................... 0.66

‘‘Maryland ................................................................................................. 0.84

‘‘Massachusetts .......................................................................................... 1.72

‘‘Michigan ................................................................................................. 2.68

‘‘Minnesota ................................................................................................ 1.59

‘‘Mississippi .............................................................................................. 0.76

‘‘Missouri ................................................................................................... 1.92

‘‘Montana .................................................................................................. 1.10

‘‘Nebraska .................................................................................................. 0.87

‘‘Nevada ..................................................................................................... 1.46

‘‘New Hampshire ...................................................................................... 0.28

‘‘New Jersey .............................................................................................. 1.16

‘‘New Mexico ............................................................................................. 0.98

‘‘New York ................................................................................................. 5.82

‘‘North Carolina ........................................................................................ 2.92

‘‘North Dakota .......................................................................................... 0.61

‘‘Ohio ......................................................................................................... 2.32

‘‘Oklahoma ................................................................................................ 0.97

‘‘Oregon ..................................................................................................... 1.15

‘‘Pennsylvania .......................................................................................... 3.29

‘‘Rhode Island ........................................................................................... 0.39

‘‘South Carolina ....................................................................................... 1.05

‘‘South Dakota .......................................................................................... 0.55

‘‘Tennessee ................................................................................................. 2.13

‘‘Texas ........................................................................................................ 7.64

‘‘Utah ......................................................................................................... 1.04

‘‘Vermont ................................................................................................... 0.22

‘‘Virginia ................................................................................................... 2.91

‘‘Washington ............................................................................................. 1.78

‘‘West Virginia .......................................................................................... 0.58

‘‘Wisconsin ................................................................................................ 1.41

‘‘Wyoming ................................................................................................. 0.74

‘‘Puerto Rico ............................................................................................. 0.99

1 ‘‘(g) UNITED STATES NOT OBLIGATED.—The deposit

2 of Federal apportionments into an Infrastructure Bank

3 shall not be construed as a commitment, guarantee, or obli-
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1 gation on the part of the United States to any third party,

2 nor shall any third party have any right against the United

3 States for payment solely by virtue of the deposit. Further4 more, any security or debt financing instrument issued by

5 an Infrastructure Bank shall expressly state that the secu6 rity or instrument does not constitute a commitment, guar7 antee, or obligation of the United States.

8 ‘‘(h) MANAGEMENT OF FEDERAL FUNDS.—Sections

9 3335 and 6503 of title 31, United States Code, shall not

10 apply to funds used as a capital reserve under this section.

11 ‘‘(i) PROGRAM ADMINISTRATION.—For each fiscal

12 year, a State may contribute to an Infrastructure Bank an

13 amount not to exceed two percent of the Federal funds de14 posited into that Infrastructure Bank by the State to pro15 vide for the reasonable costs of administering the fund.

16 ‘‘(j) RESCISSION OF CONTRACT AUTHORIZATION.—Of

17 the available contract authority balances under the account

18 entitled ‘‘Grants-In-Aid for Airports’’ in this Act,

19 $250,000,000 are rescinded.’’.

20 Ω174æPage 54, after line 17, insert:

21 SEC. 350. (a) In consultation with the employees of

22 the Federal Aviation Administration and such nongovern23 mental experts in personnel management systems as he may

24 employ, and notwithstanding the provisions of title 5, Unit25 ed States Code, and other Federal personnel laws, the Sec-
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1 retary of Transportation shall develop and implement, not

2 later than January 1, 1996, a personnel management sys3 tem for the Federal Aviation Administration that addresses

4 the unique demands on the agency’s workforce. Such new

5 system shall, at a minimum, provide for greater flexibility

6 in the hiring, training, compensation, and location of per7 sonnel.

8 (b) The provisions of title 5, United States Code, shall

9 not apply to the new personnel management system devel10 oped and implemented pursuant to subsection (a), with the

11 exception of:

12 (1) Section 2302(b), relating to whistleblower

13 protection;

14 (2) Section 7118(b)(7), relating to limitations on

15 the right to strike;

16 (3) Section 7204, relating to antidiscrimination;

17 (4) Chapter 73, relating to suitability, security,

18 and conduct;

19 (5) Chapter 81, relating to compensation for

20 work injury; and

21 (6) Chapters 83–85, 87, and 89, relating to re22 tirement and insurance coverage.

23 (c) This section shall take effect on April 1, 1996.

24 Ω175æPage 54, after line 17, insert:
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1 SEC. 351. (a) In consultation with such non-govern2 mental experts in acquisition management systems as he

3 may employ, and notwithstanding provisions of Federal ac4 quisition law, the Secretary of Transportation shall develop

5 and implement, not later than January 1, 1996, an acqui6 sition management system for the Federal Aviation Admin7 istration that addresses the unique needs of the agency and,

8 at a minimum, provides for more timely and cost-effective

9 acquisitions of equipment and materials.

10 (b) The following provisions of Federal acquisition law

11 shall not apply to the new acquisition management system

12 developed and implemented pursuant to subsection (a):

13 (1) Title III of the Federal Property and Admin14 istrative Services Act of 1949 (41 U.S.C. 252–266);

15 (2) The Office of Federal Procurement Policy Act

16 (41 U.S.C. 401 et seq.);

17 (3) The Federal Acquisition Streamlining Act of

18 1994 (Public Law 103–355);

19 (4) The Small Business Act (15 U.S.C. 631 et

20 seq.), except that all reasonable opportunities to be

21 awarded contracts shall be provided to small business

22 concerns and small business concerns owned and con23 trolled by socially and economically disadvantaged

24 individuals;

25 (5) The Competition in Contracting Act;
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1 (6) Subchapter V of Chapter 35 of title 31, relat2 ing to the procurement protest system;

3 (7) The Brooks Automatic Data Processing Act

4 (40 U.S.C. 759); and

5 (8) The Federal Acquisition Regulation and any

6 laws not listed in (a) through (e) of this section pro7 viding authority to promulgate regulations in the

8 Federal Acquisition Regulation.

9 (c) This section shall take effect on April 1, 1996.

10 Ω176æPage 54, after line 17, insert:

11 SEC. 352. Funds provided in this Act for bonuses and

12 cash awards for employees of the Department of Transpor13 tation shall be reduced by $752,852, which limits fiscal year

14 1995 obligation authority to no more than $25,875,075:

15 Provided, That this provision shall be applied to funds for

16 Senior Executive Service bonuses, merit pay, and other bo17 nuses and cash awards.

18 Ω177æPage 54, after line 17, insert:

19 SEC. 353. Not to exceed $850,000 of the funds provided

20 in this Act for the Department of Transportation shall be

21 available for the necessary expenses of advisory committees.

22 Ω178æPage 54, after line 17, insert:

23 SEC. 354. Notwithstanding any other provision of law,

24 the Secretary may use funds appropriated under this Act,
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1 or any subsequent Act, to administer and implement the

2 exemption provisions of 49 CFR 580.6 and to adopt or

3 amend exemptions from the disclosure requirements of 49

4 CFR Part 580 for any class or category of vehicles that

5 the Secretary deems appropriate.

6 Ω179æPage 54, after line 17, insert:

7 SEC. 355. (a) The Federal Aviation Administration

8 Technical Center located at the Atlantic City International

9 Airport in Pomona, New Jersey, shall be known and des10 ignated as the ‘‘William J. Hughes Technical Center’’.

11 (b) Any reference in a law, map, regulation, document,

12 paper, or other record of the United States to the Federal

13 Aviation Administration Technical Center referred to in

14 section (a) shall be deemed to be a reference to the ‘‘William

15 J. Hughes Technical Center’’.

16 Ω180æPage 54, after line 17, insert:

17 SEC. 356. None of the funds in this Act may be used

18 to close any multi-mission small boat stations or subunits:

19 Provided, That the Secretary may implement any manage20 ment efficiencies within the small boat unit system, such

21 as modifying the operational posture of units or reallocat22 ing resources as necessary to ensure the safety of the mari23 time public nationwide, provided that no stations or

24 subunits may be closed.
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1 Ω181æPage 54, after line 17, insert:

2 SEC. 357. Notwithstanding any other provision of law,

3 of the $29,596,000 available for obligation authorized by

4 item 21 of the table in section 1105(f) of the Intermodal

5 Surface Transportation Efficiency Act of 1991 (Public Law

6 102–240; 105 Stat. 2038), $6,000,000 shall be made avail7 able for obligation to carry out surface transportation

8 projects in Louisiana. Of this amount, $5,000,000 shall be

9 made available for completion of the I–10 and I–610 project

10 in New Orleans, Louisiana and $1,000,000 shall be made

11 available for three highway studies of which $250,000 is

12 provided for a study to widen US 84/LA 6 traversing north

13 Louisiana, $250,000 is provided for a study to widen La.

14 Hwy 42 from US Hwy. 61 to La. Hwy. 44 and extend

15 to I–10 in East Ascension Parish and $500,000 is provided

16 for a study to connect Interstate 20 on both sides of the

17 Ouachita River.

18 Ω182æPage 54, after line 17, insert:

19 SEC. 358. TRANSFER OF CERTAIN FEDERAL PROP20 ERTY IN NEW JERSEY.—The first section of the Act entitled

21 ‘‘An Act transferring certain Federal property to the city

22 of Hoboken, New Jersey’’, approved September 27, 1982

23 (Public Law 97–268, 96 Stat. 1140), is amended—

24 (1) in subsection (a), by adding ‘‘and’’ at the

25 end, and
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1 (2) by striking ‘‘Stat. 220), and’’ in subsection

2 (b) and all that follows through ‘‘New Jersey; concur3 rent with’’ and inserting the following: ‘‘Stat. 220);

4 concurrent with’’.

5 Ω183æPage 54, after line 17, insert:

6 SEC. 359. ENERGY SAVINGS AT FEDERAL FACILITIES.

7 (a) REDUCTION IN FACILITIES ENERGY COSTS.—The

8 head of each agency for which funds are made available

9 under this Act shall take all actions necessary to achieve

10 during fiscal year 1996 a 5 percent reduction, from fiscal

11 year 1995 levels, in the energy costs of the facilities used

12 by the agency.

13 (b) USE OF COST SAVINGS.—An amount equal to the

14 amount of cost savings realized by an agency under sub15 section (a) shall remain available for obligation through the

16 end of fiscal year 1997, without further authorization or

17 appropriation, as follows:

18 (1) CONSERVATION MEASURES.—Fifty percent of

19 the amount shall remain available for the implemen20 tation of additional energy conservation measures

21 and for water conservation measures at such facilities

22 used by the agency as are designated by the head of

23 the agency.

24 (2) OTHER PURPOSES.—Fifty percent of the

25 amount shall remain available for use by the agency
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1 for such purposes as are designated by the head of the

2 agency, consistent with applicable law.

3 (c) REPORT.—

4 (1) IN GENERAL.—Not later than December 31,

5 1996, the head of each agency described in subsection

6 (a) shall submit a report to Congress specifying the

7 results of the actions taken under subsection (a) and

8 providing any recommendations concerning how to

9 further reduce energy costs and energy consumption

10 in the future.

11 (2) CONTENTS.—Each report shall—

12 (A) specify the total energy costs of the fa13 cilities used by the agency;

14 (B) identify the reductions achieved; and

15 (C) specify the actions that resulted in the

16 reductions.

17 Ω184æPage 54, after line 17, insert:

18 SEC. 360. STUDY OF AIR FARES.

19 (a) DEFINITIONS.—For purposes of this section, the

20 following definitions shall apply:

21 (1) ADJUSTED AIR FARE.—The term ‘‘adjusted

22 air fare’’ means an actual air fare that is adjusted

23 for distance traveled by a passenger.

24 (2) AIR CARRIER.—The term—
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1 (A) ‘‘air carrier’’ has the same meaning as

2 in section 40102(a)(2) of title 49, United States

3 Code; and

4 (B) the terms ‘‘regional commuter air car5 rier’’, and ‘‘major air carrier’’ shall have the

6 meanings provided those terms by the Secretary.

7 (3) AIRPORT.—The term ‘‘airport’’ has the same

8 meaning as in section 40102(9) of title 49, United

9 States Code.

10 (4) COMMERCIAL AIR CARRIER.—The term ‘‘com11 mercial air carrier’’ means an air carrier that pro12 vides air transportation for commercial purposes (as

13 determined by the Secretary).

14 (5) HUB AIRPORT.—The term ‘‘hub airport’’ has

15 the same meaning as in section 41731(a)(2) of title

16 49, United States Code.

17 (6) LARGE HUB AIRPORT.—The term ‘‘large hub

18 airport’’—

19 (A) shall have the meaning provided that

20 term by the Secretary; and

21 (B) does not include a small hub airport (as

22 such term is defined in section 41731(a)(5) of

23 title 49, United States Code).
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1 (7) NONHUB AIRPORT.—The term ‘‘nonhub air2 port’’ has the same meaning as in section 41731(a)(4)

3 of title 49, United States Code.

4 (8) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of Transportation.

6 (b) STUDY OF AIR FARES.—

7 (1) IN GENERAL.—The Secretary shall conduct a

8 study to—

9 (A) compare air fares paid (calculated as

10 both actual and adjusted air fares) for air trans11 portation on flights conducted by commercial air

12 carriers—

13 (i) between—

14 (I) nonhub airports located in

15 small communities; and

16 (II) large hub airports; and

17 (ii) between large hub airports; and

18 (B) analyze—

19 (i) the extent to which passenger serv20 ice that is provided from nonhub airports is

21 provided on—

22 (I) regional commuter commercial

23 air carriers; or

24 (II) major air carriers;
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1 (ii) the type of aircraft employed in

2 providing passenger service at nonhub air3 ports; and

4 (iii) whether there is competition

5 among commercial air carriers with respect

6 to the provision of air service to passengers

7 from nonhub airports.

8 (2) FINDINGS.—The Secretary shall include in

9 the study conducted under this subsection findings

10 made by the Secretary concerning—

11 (A) whether passengers who use commercial

12 air carriers to and from rural areas (as defined

13 by the Secretary) pay a disproportionately

14 greater price for that transportation than do

15 passengers who use commercial air carriers be16 tween urban areas (as defined by the Secretary);

17 (B) the nature of competition, if any in

18 rural markets (as defined by the Secretary) for

19 commercial air carriers;

20 (C) whether a relationship exists between

21 higher air fares and competition among commer22 cial air carriers for passengers travelling on jet

23 aircraft from small communities (as defined by

24 the Secretary) and, if such relationship exists,

25 the nature of that relationship;
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1 (D) the number of small communities that

2 have lost air service as a result of the deregula3 tion of commercial air carriers with respect to

4 air fares;

5 (E) the number of small communities served

6 by airports with respect to which, after the date

7 on which the deregulation referred to in subpara8 graph (D) occurred, jet air service was replaced

9 by turbo prop air service; and

10 (F) with respect to the replacement in serv11 ice referred to in subparagraph (E), any cor12 responding decreases in available seat capacity

13 for consumers at the airports referred to in that

14 subparagraph.

15 (c) REPORT.—Upon completion of the study conducted

16 under subsection (b), but not later than 60 days after the

17 date of enactment of this Act, the Secretary shall submit

18 a report on the study and the findings of the Secretary to

19 the Committee on Commerce, Science, and Transportation

20 of the Senate.

21 Ω185æPage 54, after line 17, insert:

22 SEC. 361. THE RAILROAD SAFETY INSTITUTE.

23 Of the money appropriated to the United States De24 partment of Transportation for Transportation Planning,

25 Research and Development, $1,000,000 shall be made avail-
44

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1 able to establish and operate the Institute for Railroad Safe2 ty as authorized by the Swift Rail Development Act of 1994.

3 Ω186æPage 54, after line 17, insert:

4 SEC. 362. SENSE OF SENATE REGARDING UNITED STATES/

5 JAPAN AVIATION DISPUTE.

6 (a) FINDINGS.—The Congress finds that—

7 (1) the Governments of the United States and

8 Japan entered into a bilateral aviation agreement in

9 1952 that has been modified periodically to reflect

10 changes in the aviation relationship between the two

11 countries;

12 (2) in 1994 the total revenue value of passenger

13 and freight traffic for United States air carriers be14 tween the United States and Japan was approxi15 mately $6,000,000,000;

16 (3) the United States/Japan bilateral aviation

17 agreement guarantees three United States carriers

18 ‘‘beyond rights’’ that authorize them to fly into

19 Japan, take on additional passengers and cargo, and

20 then fly to another country;

21 (4) the United States/Japan bilateral aviation

22 agreement requires that, within 45 days of filing a

23 notice with the Government of Japan, the Government

24 of Japan must authorize United States air carriers to

25 serve routes guaranteed by their ‘‘beyond rights’’;
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1 (5) United States air carriers have made sub2 stantial economic investment in reliance upon the ex3 pectation their rights under the United States/Japan

4 bilateral aviation agreement would be honored by the

5 Government of Japan;

6 (6) the Government of Japan has violated the

7 United States/Japan bilateral aviation agreement by

8 preventing United States air carriers from serving

9 routes clearly authorized by their ‘‘beyond rights’’;

10 and

11 (7) the refusal by the Government of Japan to

12 respect the terms of the United States/Japan bilateral

13 aviation agreement is having severe repercussions on

14 United States air carriers and, in general, customers

15 of these United States air carriers.

16 (b) ACTION REQUESTED.—The Congress—

17 (1) calls upon the Government of Japan to honor

18 and abide by the terms of the United States/Japan bi19 lateral aviation agreement and immediately authorize

20 United States air cargo and passenger carriers which

21 have pending route requests relating to their ‘‘beyond

22 rights’’ to immediately commence service on the re23 quested routes;

24 (2) calls upon the President of the United States

25 to identify strong and appropriate forms of counter-
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1 measures that could be taken against the Government

2 of Japan for its egregious violation of the United

3 States/Japan bilateral aviation agreement; and

4 (3) calls upon the President of the United States

5 to promptly impose against the Government of Japan

6 whatever countermeasures are necessary and appro7 priate to ensure the Government of Japan abides by

8 the terms of the United States/Japan bilateral avia9 tion agreement.

10 Ω187æPage 54, after line 17, insert:

11 SEC. 363. The Secretary of Transportation is hereby

12 authorized and directed to enter into an agreement modify13 ing the agreement entered into pursuant to Section 339 of

14 the Department of Transportation and Related Agencies

15 Appropriations Act, 1993 (Public Law 102–388) to conform

16 such agreement to the provisions of Section 336 of the De17 partment of Transportation and Related Agencies Appro18 priations Act, 1995 (Public Law 103–331). Nothing in this

19 section changes the amount of the previous appropriation

20 in section 339, and the line of credit provided for shall not

21 exceed an amount supported by the previous appropriation.

22 In implementing either Section 339 or Section 336, the Sec23 retary may enter into an agreement requiring an interest

24 rate that is higher than that specified therein.

25 Ω188æPage 54, after line 17, insert:
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1 SEC. 364. ELIMINATION OF CERTAIN HIGHWAY SAFETY AD2 VISORY COMMITTEES.

3 (a) NATIONAL HIGHWAY SAFETY ADVISORY COMMIT4 TEE.—

5 (1) IN GENERAL.—Section 404 of title 23, Unit6 ed States Code, is repealed.

7 (2) CONFORMING AMENDMENT.—The analysis for

8 chapter 4 of title 23, United States Code, is amended

9 by striking the item relating to section 404.

10 (b) COMMERCIAL MOTOR VEHICLE SAFETY REGU11 LATORY REVIEW PANEL.—

12 (1) IN GENERAL.—Section 31134 of title 49,

13 United States Code, is repealed.

14 (2) CONFORMING AMENDMENTS.—

15 (A) The analysis for subchapter III of chap16 ter 311 of title 49, United States Code, is amend17 ed by striking the item relating to section 31134.

18 (B) Section 31140 of title 49, United States

19 Code, is amended—

20 (i) in subsection (a), by striking ‘‘and

21 the Commercial Motor Vehicle Safety Regu22 latory Review Panel’’; and

23 (ii) in subsection (b)—

24 (I) in paragraph (2), by striking

25 ‘‘the Panel or’’; and
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HR 2002 EAS

1 (II) by striking ‘‘the Panel’’ each

2 place it appears and inserting ‘‘the

3 Secretary’’.

4 (C) Section 31141 of title 49, United States

5 Code, is amended—

6 (i) by striking subsection (b) and in7 serting the following:

8 ‘‘(b) ANNUAL ANALYSIS BY THE SECRETARY.—The

9 Secretary annually shall analyze State laws and regula10 tions and decide which of the laws and regulations are re11 lated to commercial motor vehicle safety.’’; and

12 (ii) in subsection (c)—

13 (I) in paragraph (1), by striking

14 ‘‘The Secretary’’ and all that follows

15 through ‘‘shall—’’ and inserting ‘‘Not

16 later than 18 months after the date on

17 which the Secretary makes a decision

18 under subsection (b) that a State law

19 or regulation is related to commercial

20 motor vehicle safety or 18 months after

21 the date on which the Secretary pre22 scribes a regulation under section

23 31136, whichever is later, the Secretary

24 shall—’’; and
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HR 2002 EAS

1 (II) in paragraph (5), by striking

2 ‘‘(5)(A) In’’ and all that follows

3 through ‘‘(B) In’’ and inserting ‘‘(5)

4 In’’.

5 Ω189æPage 54, after line 17, insert:

6 SEC. 365. DELAY OF RESTRICTION ON AVAILABILITY OF

7 CERTAIN HIGHWAY FUNDS; NATIONAL HIGH8 WAY SYSTEM DESIGNATION.

9 (a) DELAY OF RESTRICTION ON AVAILABILITY OF CER10 TAIN HIGHWAY FUNDS.—Section 103(b) of title 23, United

11 States Code, is amended in paragraph (3)(B), by striking

12 ‘‘1995’’ and inserting ‘‘1997’’.

13 (b) NATIONAL HIGHWAY SYSTEM DESIGNATION.—Sec14 tion 103 of title 23, United States Code, is amended by in15 serting after subsection (b) the following:

16 ‘‘(c) NATIONAL HIGHWAY SYSTEM DESIGNATION.—

17 ‘‘(1) DESIGNATION.—The most recent National

18 Highway System (as of the date of enactment of this

19 subsection) as submitted by the Secretary of Trans20 portation pursuant to this section is designated as the

21 National Highway System.

22 ‘‘(2) MODIFICATIONS.—

23 ‘‘(A) IN GENERAL.—At the request of a

24 State, the Secretary may—
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HR 2002 EAS

1 ‘‘(i) add a new route segment to the

2 National Highway System, including a new

3 intermodal connection; or

4 ‘‘(ii) delete a route segment in existence

5 on the date of the request and any connec6 tion to the route segment;

7 if the total mileage of the National Highway

8 System (including any route segment or connec9 tion proposed to be added under this subpara10 graph) does not exceed 165,000 miles (265,542

11 kilometers).

12 ‘‘(B) PROCEDURES FOR CHANGES RE13 QUESTED BY STATES.—Each State that makes a

14 request for a change in the National Highway

15 System pursuant to subparagraph (A) shall es16 tablish that each change in a route segment or

17 connection referred to in the subparagraph has

18 been identified by the State, in cooperation with

19 local officials, pursuant to applicable transpor20 tation planning activities for metropolitan areas

21 carried out under section 134 and statewide

22 planning processes carried out under section 135.

23 ‘‘(3) APPROVAL BY THE SECRETARY.—The Sec24 retary may approve a request made by a State for a

25 change in the National Highway System pursuant to
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HR 2002 EAS

1 paragraph (2) if the Secretary determines that the

2 change—

3 ‘‘(A) meets the criteria established for the

4 National Highway System under this title; and

5 ‘‘(B) enhances the national transportation

6 characteristics of the National Highway Sys7 tem.’’.

8 Ω190æPage 55, strike out line 1 and all that follows over

9 to and including line 6 on page 63

10 Ω191æPage 63, strike out lines 7 through 11

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 2002

AMENDMENTS
HR 2002 EAS——5HR 2002 EAS——4HR 2002 EAS——3HR 2002 EAS——2