IB

104TH CONGRESS

1ST SESSION H. R. 2002

IN THE HOUSE OF REPRESENTATIVES

AUGUST 11, 1995

Ordered to be printed with the amendments of the Senate numbered

AN ACT

Making appropriations for the Department of Transportation

and related agencies for the fiscal year ending September

30, 1996, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Department of Transportation and related agencies for

6 the fiscal year ending September 30, 1996, and for other

7 purposes, namely:
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1 TITLE I

2 DEPARTMENT OF TRANSPORTATION

3 OFFICE OF THE SECRETARY

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Secretary,

6 Ω1æ$55,011,500 $56,500,000, of which not to exceed

7 Ω2æ$40,000 $60,000 shall be available as the Secretary

8 may determine for allocation within the Department for

9 official reception and representation expenses: Provided,

10 That notwithstanding any other provision of law, there

11 may be credited to this appropriation up to $1,000,000

12 in funds received in user fees established to support the

13 electronic tariff filing system: Provided further, That none

14 of the funds appropriated in this Act or otherwise made

15 available may be used to maintain Ω3æduplicate physical

16 copies custody of airline tariffs that are already available

17 for public and departmental access at no cost; to secure

18 them against detection, alteration, or tampering; Ω4æor

19 open them and open to inspection by the Department.

20 OFFICE OF CIVIL RIGHTS

21 For necessary expenses of the Office of Civil Rights,

22 Ω5æ$6,554,000 $12,083,000, and in addition, $809,000, to

23 be derived from ‘‘Federal-aid Highways’’ subject to the

24 ‘‘Limitation on General Operating Expenses’’.
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1 TRANSPORTATION PLANNING, RESEARCH, AND

2 DEVELOPMENT

3 For necessary expenses for conducting transportation

4 planning, research, systems development, and development

5 activities, to remain available until expended,

6 Ω6æ$3,309,000 $9,710,000.

7 WORKING CAPITAL FUND

8 Necessary expenses for operating costs and capital

9 outlays of the Department of Transportation Working

10 Capital Fund associated with the provision of services to

11 entities within the Department of Transportation, not to

12 exceed Ω7æ$102,231,000 $104,364,000 shall be paid, in ac13 cordance with law, from appropriations made available to

14 the Department of Transportation.

15 PAYMENTS TO AIR CARRIERS

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (AIRPORT AND AIRWAY TRUST FUND)

18 (INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

19 For liquidation of obligations incurred for payments

20 to air carriers of so much of the compensation fixed and

21 determined under subchapter II of chapter 417 of title 49,

22 United States Code, as is payable by the Department of

23 Transportation, Ω8æ$15,000,000 $26,738,536, to remain

24 available until expended and to be derived from the Air25 port and Airway Trust Fund: Provided, That none of the

26 funds in this Act shall be available for the implementation
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1 or execution of programs in excess of Ω9æ$15,000,000

2 $26,738,536 for the Payments to Air Carriers program in

3 fiscal year 1996: Provided further, That none of the funds

4 in this Act shall be used by the Secretary of Transpor5 tation to make payment of compensation under subchapter

6 II of chapter 417 of title 49, United States Code, in excess

7 of the appropriation in this Act for liquidation of obliga8 tions incurred under the ‘‘Payments to air carriers’’ pro9 gram: Provided further, That none of the funds in this Act

10 shall be used for the payment of claims for such com11 pensation except in accordance with this provision: Pro12 vided further, That none of the funds in this Act shall be

13 available for service to communities in the forty-eight con14 tiguous States that are located fewer than Ω10æseventy

15 seventy-five highway miles from the nearest large or me16 dium Ω11æor small hub airport, Ω12æexcept for any such

17 community in which is located an airline maintenance fa18 cility performing required Federal Aviation Regulation

19 heavy engine heavy structural airframe maintenance work

20 in accordance with Part 135.411(a)(2), or that require a

21 rate of subsidy per passenger in excess of $200 unless

22 such point is greater than two hundred Ω13æand ten miles

23 from the nearest large or medium hub airport: Provided

24 further, That of funds provided for ‘‘Small Community Air

25 Service’’ by Public Law 101–508, Ω14æ$23,600,000
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1 $11,861,464 in fiscal year 1996 is hereby rescindedΩ15æ:–

2 Provided further, That, notwithstanding any other provi3 sion of law, effective January 1, 1996 no point in the 48

4 contiguous States and Hawaii eligible for compensated

5 transportation in fiscal year 1996 under subchapter II of

6 chapter 417 of title 49, United States Code, including 49

7 U.S.C. 41734(d), shall receive such transportation unless

8 a State, local government, or other non-Federal entity

9 agrees to pay at least fifty percent of the cost of providing

10 such transportation, as determined by the Secretary of

11 Transportation: Provided further, That the Secretary may

12 require the entity or entities agreeing to pay such amounts

13 to make advance payments or provide other security to

14 ensure that timely payments are made: Provided further,

15 That, notwithstanding any other provision of law, points

16 covered by the cost-sharing provisions under this head for

17 which no State, local government, or non-Federal entity

18 agrees to pay at least fifty percent of the cost of providing

19 such transportation shall receive a reduced level of service

20 in fiscal year 1996, to be determined by the Secretary as

21 follows: The Secretary shall subtract from the funds made

22 available in this Act so much as is needed to provide com23 pensation to all eligible points for which a State, local gov24 ernment, or other non-Federal entity agrees to pay at least

25 fifty percent of the cost of providing such transportation,
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1 and, with remaining funds, allocate to each other point

2 an amount reduced by the ratio of the remainder cal3 culated above to all funds made available in this Act: Pro4 vided further, That the Secretary shall allocate any funds

5 that become unallocated as the year progresses to those

6 points for which a State, local government, or other non7 Federal entity does not agree to pay at least fifty percent

8 of the cost of such transportation.

9 PAYMENTS TO AIR CARRIERS

10 (RESCISSION)

11 Of the budgetary resources remaining available under

12 this heading, $6,786,971 are rescinded.

13 RENTAL PAYMENTS

14 For necessary expenses for rental of headquarters

15 and field space not to exceed 8,580,000 square feet and

16 for related services assessed by the General Services Ad17 ministration, Ω16æ$130,803,000 $139,689,000: Provided,

18 That of this amount, $1,897,000 shall be derived from the

19 Highway Trust Fund, $41,441,000 shall be derived from

20 the Airport and Airway Trust Fund, $836,000 shall be

21 derived from the Pipeline Safety Fund, and $169,000

22 shall be derived from the Harbor Maintenance Trust

23 Fund: Provided further, That in addition, for assessments

24 by the General Services Administration related to the

25 space needs of the Federal Highway Administration,
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1 Ω17æ$17,099,000 $17,685,000, to be derived from ‘‘Fed2 eral-aid Highways’’, subject to the ‘‘Limitation on General

3 Operating Expenses’’.

4 MINORITY BUSINESS RESOURCE CENTER PROGRAM

5 For the cost of direct loans, $1,500,000, as author6 ized by 49 U.S.C. 332: Provided, That such costs, includ7 ing the cost of modifying such loans, shall be as defined

8 in section 502 of the Congressional Budget Act of 1974:

9 Provided further, That these funds are available to sub10 sidize gross obligations for the principal amount of direct

11 loans not to exceed $15,000,000. In addition, for adminis12 trative expenses to carry out the direct loan program,

13 $400,000.

14 MINORITY BUSINESS OUTREACH

15 For necessary expenses of the Minority Business Re16 source Center outreach activities, Ω18æ$2,900,000

17 $2,100,000, of which Ω19æ$2,642,000 $1,842,000 shall re18 main available until September 30, 1997Ω20æ: Provided,

19 That notwithstanding 49 U.S.C. 332, these funds may be

20 used for business opportunities related to any mode of

21 transportation.

22 Ω21æINTERSTATE COMMERCE COMMISSION SUNSET

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

24 not otherwise provided for, $4,705,000, to transfer residual
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1 rail and motor carriers functions from the Interstate Com2 merce Commission to the Department of Transportation.

3 COAST GUARD

4 OPERATING EXPENSES

5 For necessary expenses for the operation and mainte6 nance of the Coast Guard, not otherwise provided for; pur7 chase of not to exceed five passenger motor vehicles for

8 replacement only; payments pursuant to section 156 of

9 Public Law 97–377, as amended (42 U.S.C. 402 note),

10 and section 229(b) of the Social Security Act (42 U.S.C.

11 429(b)); and recreation and welfare; Ω22æ$2,565,607,000

12 $2,286,000,000, of which $25,000,000 shall be derived

13 from the Oil Spill Liability Trust FundΩ23æ;–and of

14 which $25,000,000 shall be expended from the Boat Safe15 ty Account: Provided, That the number of aircraft on hand

16 at any one time shall not exceed two hundred and eight17 een, exclusive of aircraft and parts stored to meet future

18 attrition: Provided further, That none of the funds appro19 priated in this or any other Act shall be available for pay

20 or administrative expenses in connection with shipping

21 commissioners in the United States: Provided further,

22 That none of the funds provided in this Act shall be avail23 able for expenses incurred for yacht documentation under

24 46 U.S.C. 12109, except to the extent fees are collected

25 from yacht owners and credited to this appropriation: Pro-
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1 vided further, That the Commandant shall reduce both

2 military and civilian employment levels for the purpose of

3 complying with Executive Order No. 12839Ω24æ:–Pro4 vided further, That of the funds provided for operating ex5 penses for fiscal year 1996, in this or any other Act, not

6 less than $314,200,000 shall be available for drug enforce7 ment activities.

8 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses of acquisition, construction,

11 renovation, and improvement of aids to navigation, shore

12 facilities, vessels, and aircraft, including equipment related

13 thereto, Ω25æ$375,175,000 $366,800,000, of which

14 $32,500,000 shall be derived from the Oil Spill Liability

15 Trust Fund; of which Ω26æ$191,200,000 $178,000,000

16 shall be available to acquire, repair, renovate or improve

17 vessels, small boats and related equipment, to remain

18 available until September 30, 2000; Ω27æ$16,500,000

19 $14,500,000 shall be available to acquire new aircraft and

20 increase aviation capability, to remain available until Sep21 tember 30, 1998; Ω28æ$42,200,000 $47,600,000 shall be

22 available for other equipment, to remain available until

23 September 30, 1998; Ω29æ$82,275,000 $80,200,000 shall

24 be available for shore facilities and aids to navigation fa25 cilities, to remain available until September 30, 1998; and
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1 Ω30æ$43,000,000 $46,500,000 shall be available for per2 sonnel compensation and benefits and related costs, to re3 main available until September 30, 1996: Provided, That

4 funds received from the sale of the VC–11A and HU–25

5 aircraft shall be credited to this appropriation for the pur6 pose of acquiring new aircraft and increasing aviation

7 capacityΩ31æ:–Provided further, That the Secretary may

8 transfer funds between projects under this head, not to

9 exceed $50,000,000 in total for the fiscal year, thirty days

10 after notification to the House and Senate Committees on

11 Appropriations, solely for the purpose of providing funds

12 for facility renovation, construction, exit costs, and other

13 implementation costs associated with Coast Guard stream14 lining plansΩ32æ: Provided further, That the Commandant

15 shall dispose of surplus real property by sale or lease and

16 the proceeds of such sale or lease shall be credited to this

17 appropriation.

18 ENVIRONMENTAL COMPLIANCE AND RESTORATION

19 For necessary expenses to carry out the Coast

20 Guard’s environmental compliance and restoration func21 tions under chapter 19 of title 14, United States Code,

22 $21,000,000, to remain available until expended.
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1 Ω33æPORT SAFETY DEVELOPMENT

2 For necessary expenses for debt retirement of the Port

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

4 expended.

5 ALTERATION OF BRIDGES

6 For necessary expenses for alteration or removal of

7 obstructive bridges, Ω34æ$16,000,000 $2,000,000, to re8 main available until expended.

9 RETIRED PAY

10 For retired pay, including the payment of obligations

11 therefor otherwise chargeable to lapsed appropriations for

12 this purpose, and payments under the Retired Service13 man’s Family Protection and Survivor Benefits Plans, and

14 for payments for medical care of retired personnel and

15 their dependents under the Dependents Medical Care Act

16 (10 U.S.C. ch. 55), $582,022,000.

17 RESERVE TRAINING

18 For all necessary expenses for the Coast Guard Re19 serve, as authorized by law; maintenance and operation

20 of facilities; and supplies, equipment, and services;

21 Ω35æ$61,859,000 $62,000,000.

22 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

23 For necessary expenses, not otherwise provided for,

24 for applied scientific research, development, test, and eval25 uation; maintenance, rehabilitation, lease and operation of
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1 facilities and equipment, as authorized by law,

2 Ω36æ$18,500,000 $20,000,000, to remain available until

3 expended, of which $3,150,000 shall be derived from the

4 Oil Spill Liability Trust Fund: Provided, That there may

5 be credited to this appropriation funds received from State

6 and local governments, other public authorities, private

7 sources, and foreign countries, for expenses incurred for

8 research, development, testing, and evaluation.

9 Ω37æBOAT SAFETY

10 (AQUATIC RESOURCES TRUST FUND)

11 For payment of necessary expenses incurred for rec12 reational boating safety assistance under Public Law 92–

13 75, as amended, $20,000,000, to be derived from the Boat

14 Safety Account and to remain available until expended.

15 Ω38æEMERGENCY FUND

16 (LIMITATION ON PERMANENT APPROPRIATION)

17 (OIL SPILL LIABILITY TRUST FUND)

18 Except as provided in emergency supplemental appro19 priations provided in other appropriations Acts for fiscal

20 year 1996, not more than $3,000,000 shall be obligated

21 or expended in fiscal year 1996 pursuant to section

22 6002(b) of the Oil Pollution Act of 1990 to carry out the

23 provisions of section 1012(a)(4) of that Act.
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1 FEDERAL AVIATION ADMINISTRATION

2 OPERATIONS

3 Ω39æ(INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Federal Aviation Ad5 ministration, not otherwise provided for, including oper6 ations and research activities related to commercial space

7 transportation, administrative expenses for research and

8 development, establishment of air navigation facilities and

9 the operation (including leasing) and maintenance of air10 craft, and carrying out the provisions of subchapter I of

11 chapter 471 of title 49, U.S. Code, or other provisions of

12 law authorizing the obligation of funds for similar pro13 grams of airport and airway development or improvement,

14 lease or purchase of four passenger motor vehicles for re15 placement only, Ω40æ$4,600,000,000 $4,550,000,000, of

16 which Ω41æ$1,871,500,000 $1,865,000,000 shall be de17 rived from the Airport and Airway Trust Fund: Provided,

18 That there may be credited to this appropriation funds

19 received from States, counties, municipalities, foreign au20 thorities, other public authorities, and private sources, for

21 expenses incurred in the provision of Ω42æaviation agency

22 services, including Ω43æreceipts for the maintenance and

23 operation of air navigation facilities and for issuance, re24 newal or modification of certificates, including airman,

25 aircraft, and repair station certificates, or for tests related
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1 thereto, or for processing major repair or alteration forms

2 Ω44æand in addition $10,000,000, to be credited to this ap3 propriation from fees established and collected to cover the

4 cost of safety and security regulation under the jurisdiction

5 of the Federal Aviation Administration: Provided further,

6 That funds may be used to enter into a grant agreement

7 with a nonprofit standard setting organization to assist

8 in the development of aviation safety standards: Provided

9 further, That none of the funds in this Act shall be avail10 able for new applicants for the second career training pro11 gram: Provided further, That none of the funds in this Act

12 shall be available for paying premium pay under 5 U.S.C.

13 5546(a) to any Federal Aviation Administration employee

14 unless such employee actually performed work during the

15 time corresponding to such premium payΩ45æ: Provided

16 further, That none of the funds appropriated in this or any

17 subsequent Act may be used to pay premium pay under

18 5 U.S.C. 5546a for any fiscal year beginning after Septem19 ber 30, 1995; except that, (i) for fiscal year 1996, such pre20 mium pay may be paid at 50 percent of the rate specified

21 in 5 U.S.C. 5546a; and (ii) for fiscal year 1997, such pre22 mium pay may be paid at 25 percent of the rate specified

23 in 5 U.S.C. 5546a∆46«: Provided further, That the unex24 pended balances of the appropriation ‘‘Office of Commercial

25 Space Transportation, Operations and Research’’ shall be
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1 transferred to and merged with this appropriation: Pro2 vided further, That none of the funds derived from the Air3 port and Airway Trust Fund may be used to support the

4 operations and activities of the Associate Administrator for

5 Commercial Space Transportation.

6 FACILITIES AND EQUIPMENT

7 (AIRPORT AND AIRWAY TRUST FUND)

8 For necessary expenses, not otherwise provided for,

9 for acquisition, establishment, and improvement by con10 tract or purchase, and hire of air navigation and experi11 mental facilities and equipment as authorized under part

12 A of subtitle VII of title 49, U.S. Code, including initial

13 acquisition of necessary sites by lease or grant; engineer14 ing and service testing, including construction of test fa15 cilities and acquisition of necessary sites by lease or grant;

16 and construction and furnishing of quarters and related

17 accommodations for officers and employees of the Federal

18 Aviation Administration stationed at remote localities

19 where such accommodations are not available; and the

20 purchase, lease, or transfer of aircraft from funds avail21 able under this head; to be derived from the Airport and

22 Airway Trust Fund, Ω47æ$2,000,000,000 $1,890,377,000,

23 of which Ω48æ$1,784,000,000 $1,674,377,000 shall remain

24 available until September 30, 1998, Ω49æand of which

25 $216,000,000 shall remain available until September 30,
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1 1996Ω50æ, and of which $10,000,000, to remain available

2 until expended, is for funding noncompetitive cooperative

3 agreements with air carriers to assist them in acquiring

4 and installing the following advanced security equipment:

5 (1) hardened unit load devices, (2) explosive detection sys6 tems certified by the Federal Aviation Administration, and

7 (3) computer-aided screener training and proficiency sys8 tems, in order to evaluate such equipment’s operational fea9 sibility and effectiveness in improving civil aviation secu10 rity): Provided, That there may be credited to this appro11 priation funds received from States, counties, municipali12 ties, other public authorities, and private sources, for ex13 penses incurred in the establishment and modernization

14 of air navigation facilities.

15 FACILITIES AND EQUIPMENT

16 (AIRPORT AND AIRWAY TRUST FUND)

17 (RESCISSION)

18 Of the available balances under this heading,

19 Ω51æ$60,000,000 $70,000,000 are rescinded.

20 RESEARCH, ENGINEERING, AND DEVELOPMENT

21 (AIRPORT AND AIRWAY TRUST FUND)

22 For necessary expenses, not otherwise provided for,

23 for research, engineering, and development, as authorized

24 under part A of subtitle VII of title 49, U.S.C., including

25 construction of experimental facilities and acquisition of

26 necessary sites by lease or grant, Ω52æ$143,000,000
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1 $215,886,000, to be derived from the Airport and Airway

2 Trust Fund and to remain available until September 30,

3 1998: Provided, That there may be credited to this appro4 priation funds received from States, counties, municipali5 ties, other public authorities, and private sources, for ex6 penses incurred for research, engineering, and develop7 ment.

8 GRANTS-IN-AID FOR AIRPORTS

9 (LIQUIDATION OF CONTRACT AUTHORIZATION)

10 (AIRPORT AND AIRWAY TRUST FUND)

11 Ω53æ(INCLUDING RESCISSION OF CONTRACT

12 AUTHORIZATION)

13 For liquidation of obligations incurred for grants-in14 aid for airport planning and development, and for noise

15 compatibility planning and programs as authorized under

16 subchapter I of chapter 471 and subchapter I of chapter

17 475 of title 49, U.S. Code, and under other law authoriz18 ing such obligations, $1,500,000,000, to be derived from

19 the Airport and Airway Trust Fund and to remain avail20 able until expended: Provided, That none of the funds in

21 this Act shall be available for the planning or execution

22 of programs the obligations for which are in excess of

23 Ω54æ$1,600,000,000 $1,250,000,000 in fiscal year 1996

24 for grants-in-aid for airport planning and development,

25 and noise compatibility planning and programs, not26 withstanding section 47117(h) of title 49, U.S. Code
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1 Ω55æ: Provided further, That none of the funds in this Act

2 shall be available for the planning and execution of pro3 grams the obligations for which are in excess of $20,000,000

4 for the ‘‘Military Airports Program’’ and $50,000,000 for

5 the ‘‘Reliever Airports Program’’Ω56æ: Provided further,

6 That of the available contract authority balances under this

7 account, $5,000,000 are rescinded.

8 AVIATION INSURANCE REVOLVING FUND

9 The Secretary of Transportation is hereby authorized

10 to make such expenditures and investments, within the

11 limits of funds available pursuant to 49 U.S.C. 44307, and

12 in accordance with section 104 of the Government Cor13 poration Control Act, as amended (31 U.S.C. 9104), as

14 may be necessary in carrying out the program for aviation

15 insurance activities under chapter 443 of title 49, U.S.

16 Code.

17 AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM

18 None of the funds in this Act shall be available for

19 activities under this head the obligations for which are in

20 excess of $1,600,000 during fiscal year 1996.

21 FEDERAL HIGHWAY ADMINISTRATION

22 LIMITATION ON GENERAL OPERATING EXPENSES

23 Necessary expenses for administration, operation, in24 cluding motor carrier safety program operations, and re25 search of the Federal Highway Administration not to ex-
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1 ceed Ω57æ$495,381,000 $548,434,000 shall be paid in ac2 cordance with law from appropriations made available by

3 this Act to the Federal Highway Administration together

4 with advances and reimbursements received by the Fed5 eral Highway Administration: Provided, That

6 Ω58æ$190,667,000 $248,909,000 of the amount provided

7 herein shall remain available until September 30, 1998.

8 HIGHWAY-RELATED SAFETY GRANTS

9 (LIQUIDATION OF CONTRACT AUTHORIZATION)

10 (HIGHWAY TRUST FUND)

11 (INCLUDING TRANSFER OF FUNDS)

12 For payment of obligations incurred in carrying out

13 the provisions of title 23, United States Code, section 402

14 administered by the Federal Highway Administration, to

15 remain available until expended, Ω59æ$10,000,000

16 $13,000,000, to be derived from the Highway Trust Fund:

17 Provided, That not to exceed $100,000 of the amount

18 made available herein shall be available for ‘‘Limitation

19 on general operating expenses’’: Provided further, That

20 none of the funds in this Act shall be available for the

21 planning or execution of programs the obligations for

22 which are in excess of Ω60æ$10,000,000 $13,000,000 in

23 fiscal year 1996 for ‘‘Highway-Related Safety Grants’’.
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1 FEDERAL-AID HIGHWAYS

2 (LIMITATION ON OBLIGATIONS)

3 (HIGHWAY TRUST FUND)

4 None of the funds in this Act shall be available for

5 the implementation or execution of programs the obliga6 tions for which are in excess of Ω61æ$18,000,000,000

7 $17,000,000,000 for Federal-aid highways and highway

8 safety construction programs for fiscal year 1996.

9 FEDERAL-AID HIGHWAYS

10 (LIQUIDATION OF CONTRACT AUTHORIZATION)

11 (HIGHWAY TRUST FUND)

12 For carrying out the provisions of title 23, United

13 States Code, that are attributable to Federal-aid high14 ways, including the National Scenic and Recreational

15 Highway as authorized by 23 U.S.C. 148, not otherwise

16 provided, including reimbursements for sums expended

17 pursuant to the provisions of 23 U.S.C. 308,

18 $19,200,000,000 or so much thereof as may be available

19 in and derived from the Highway Trust Fund, to remain

20 available until expended.

21 RIGHT-OF-WAY REVOLVING FUND

22 (LIMITATION ON DIRECT LOANS)

23 (HIGHWAY TRUST FUND)

24 None of the funds under this head are available for

25 obligations for right-of-way acquisition during fiscal year

26 1996.
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1 MOTOR CARRIER SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (HIGHWAY TRUST FUND)

4 For payment of obligations incurred in carrying out

5 49 U.S.C. 31102, $68,000,000, to be derived from the

6 Highway Trust Fund and to remain available until ex7 pended: Provided, That none of the funds in this Act shall

8 be available for the implementation or execution of pro9 grams the obligations for which are in excess of

10 Ω62æ$79,150,000 $75,000,000 for ‘‘Motor Carrier Safety

11 Grants’’.

12 Ω63æSURFACE TRANSPORTATION PROJECTS

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

14 legislation, of the expenses necessary for certain highway

15 and surface transportation projects and parking facilities,

16 including feasibility and environmental studies, that ad17 vance methods of improving safety, reducing congestion, or

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

19 remain available until expended.

20 NATIONAL HIGHWAY TRAFFIC SAFETY

21 ADMINISTRATION

22 OPERATIONS AND RESEARCH

23 For expenses necessary to discharge the functions of

24 the Secretary with respect to traffic and highway safety

25 under part C of subtitle VI of title 49, United States Code,

26 and chapter 301 of title 49, United States Code,
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1 Ω64æ$73,316,570 $71,261,000, of which Ω65æ$37,825,850

2 $36,770,676 shall remain available until September 30,

3 1998Ω66æ:–Provided, That none of the funds appropriated

4 by this Act may be obligated or expended to plan, finalize,

5 or implement any rulemaking to add to section 575.104

6 of title 49 of the Code of Federal Regulations any require7 ment pertaining to a grading standard that is different

8 from the three grading standards (treadwear, traction,

9 and temperature resistance) already in effect.

10 OPERATIONS AND RESEARCH

11 (HIGHWAY TRUST FUND)

12 For expenses necessary to discharge the functions of

13 the Secretary with respect to traffic and highway safety

14 under 23 U.S.C. 403 and section 2006 of the Intermodal

15 Surface Transportation Efficiency Act of 1991 (Public

16 Law 102–240), to be derived from the Highway Trust

17 Fund, Ω67æ$52,011,930 $50,344,000, of which

18 Ω68æ$32,770,670 $31,716,720 shall remain available until

19 September 30, 1998.

20 Ω69æOPERATIONS AND RESEARCH

21 (RESCISSIONS)

22 Of the amounts made available under this heading

23 in Public Law 103–331, Public Law 102–388, and Public

24 Law 101–516, $4,547,185 are rescinded from the national

25 advanced driving simulator project.
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1 HIGHWAY TRAFFIC SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (HIGHWAY TRUST FUND)

4 For payment of obligations incurred carrying out the

5 provisions of 23 U.S.C. 153, 402, 408, and 410, Chapter

6 303 of title 49, United States Code, and section 209 of

7 Public Law 95–599, as amended, to remain available until

8 expended, Ω70æ$153,400,000 $155,100,000, to be derived

9 from the Highway Trust Fund: Provided, That, notwith10 standing subsection 2009(b) of the Intermodal Surface

11 Transportation Efficiency Act of 1991, none of the funds

12 in this Act shall be available for the planning or execution

13 of programs the total obligations for which, in fiscal year

14 1996, are in excess of Ω71æ$153,400,000 $155,100,000 for

15 programs authorized under 23 U.S.C. 402 and 410, as

16 amended, of which Ω72æ$126,000,000 $128,000,000 shall

17 be for ‘‘State and community highway safety grants’’,

18 Ω73æ$2,400,000 $2,100,000 shall be for the ‘‘National

19 Driver Register’’ Ω74æ(subject to passage hereafter by the

20 House of a bill authorizing appropriations therefor, and

21 only in amounts provided therein) subject to authorization,

22 and $25,000,000 shall be for section 410 ‘‘Alcohol-im23 paired driving countermeasures programs’’Ω75æ:–Provided

24 further, That none of these funds shall be used for con25 struction, rehabilitation or remodeling costs, or for office

26 furnishings and fixtures for State, local, or private build-
24

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1 ings or structures: Provided further, That none of these

2 funds shall be used to purchase automobiles or motor3 cycles for state, local, or private usage: Provided further,

4 That not to exceed Ω76æ$5,153,000 $5,211,000 of the

5 funds made available for section 402 may be available for

6 administering ‘‘State and community highway safety

7 grants’’: Provided further, That not to exceed $500,000

8 of the funds made available for section 410 ‘‘Alcohol-im9 paired driving counter-measures programs’’ Ω77æmay

10 shall be available for technical assistance to the States:

11 Provided further, That not to exceed Ω78æ$890,000

12 $777,000 of the funds made available for the ‘‘National

13 Driver Register’’ may be available for administrative ex14 penses.

15 FEDERAL RAILROAD ADMINISTRATION

16 OFFICE OF THE ADMINISTRATOR

17 For necessary expenses of the Federal Railroad Ad18 ministration, not otherwise provided for,

19 Ω79æ$14,000,000 $14,018,000, of which $1,508,000 shall

20 remain available until expended: Provided, That none of

21 the funds in this Act shall be available for the planning

22 or execution of a program making commitments to guar23 antee new loans under the Emergency Rail Services Act

24 of 1970, as amended, and no new commitments to guaran25 tee loans under section 211(a) or 211(h) of the Regional
25

HR 2002 PP

1 Rail Reorganization Act of 1973, as amended, shall be

2 made: Provided further, That, as part of the Washington

3 Union Station transaction in which the Secretary assumed

4 the first deed of trust on the property and, where the

5 Union Station Redevelopment Corporation or any succes6 sor is obligated to make payments on such deed of trust

7 on the Secretary’s behalf, including payments on and after

8 September 30, 1988, the Secretary is authorized to receive

9 such payments directly from the Union Station Redevelop10 ment Corporation, credit them to the appropriation

11 charged for the first deed of trust, and make payments

12 on the first deed of trust with those funds: Provided fur13 ther, That such additional sums as may be necessary for

14 payment on the first deed of trust may be advanced by

15 the Administrator from unobligated balances available to

16 the Federal Railroad Administration, to be reimbursed

17 from payments received from the Union Station Redevel18 opment Corporation.

19 RAILROAD SAFETY

20 For necessary expenses in connection with railroad

21 safety, not otherwise provided for, Ω80æ$49,940,660

22 $49,105,000, of which $2,687,000 shall remain available

23 until expended.
26

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1 RAILROAD RESEARCH AND DEVELOPMENT

2 For necessary expenses for railroad research and de3 velopment, Ω81æ$21,000,000 $25,775,000, to remain

4 available until expended.

5 NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

6 For necessary expenses related to Northeast Corridor

7 improvements authorized by title VII of the Railroad Revi8 talization and Regulatory Reform Act of 1976, as amend9 ed (45 U.S.C. 851 et seq.) and 49 U.S.C. 24909,

10 Ω82æ$100,000,000 $130,000,000, to remain available until

11 September 30, 1998.

12 RAILROAD REHABILITATION AND IMPROVEMENT

13 PROGRAM

14 The Secretary of Transportation is authorized to

15 issue to the Secretary of the Treasury notes or other obli16 gations pursuant to section 512 of the Railroad Revitaliza17 tion and Regulatory Reform Act of 1976 (Public Law 94–

18 210), as amended, in such amounts and at such times as

19 may be necessary to pay any amounts required pursuant

20 to the guarantee of the principal amount of obligations

21 under sections 511 through 513 of such Act, such author22 ity to exist as long as any such guaranteed obligation is

23 outstanding: Provided, That no new loan guarantee com24 mitments shall be made during fiscal year 1996.
27

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1 NATIONAL MAGNETIC LEVITATION PROTOTYPE

2 DEVELOPMENT

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 None of the funds in this Act shall be available for

6 the planning or execution of the National Magnetic Levita7 tion Prototype Development program as defined in sub8 sections 1036(b) and 1036(d)(1)(A) of the Intermodal

9 Surface Transportation Efficiency Act of 1991.

10 NEXT GENERATION HIGH SPEED RAIL

11 For necessary expenses for Next Generation High

12 Speed Rail Ω83ætechnology development and demonstra13 tions, $10,000,000, to remain available until expended

14 studies, corridor planning, development, demonstration,

15 and implementation, $20,000,000, to remain available

16 until expendedΩ84æ: Provided, That funds under this head

17 may be made available for grants to States for high speed

18 rail corridor design, feasibility studies, environmental anal19 yses and track and signal improvements.

20 TRUST FUND SHARE OF NEXT GENERATION HIGH

21 SPEED RAIL

22 (LIQUIDATION OF CONTRACT AUTHORIZATION)

23 (HIGHWAY TRUST FUND)

24 For grants and payment of obligations incurred in

25 carrying out the provisions of the High Speed Ground

26 Transportation program as defined in subsections 1036(c)
28

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1 and 1036(d)(1)(B) of the Intermodal Surface Transpor2 tation Efficiency Act of 1991, including planning and en3 vironmental analyses, $5,000,000, to be derived from the

4 Highway Trust Fund and to remain available until ex5 pended: Provided, That none of the funds in this Act shall

6 be available for the implementation or execution of pro7 grams the obligations for which are in excess of

8 $5,000,000.

9 Ω85æALASKA RAILROAD REHABILITATION

10 To enable the Secretary of Transportation to make

11 grants to the Alaska Railroad, $10,000,000 shall be for cap12 ital rehabilitation and improvements benefiting its pas13 senger operations.

14 Ω86æPENNSYLVANIA STATION REDEVELOPMENT PROJECT

15 For grants to the National Railroad Passenger Cor16 poration, $25,000,000, to remain available until expended,

17 for engineering, design and construction activities to enable

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

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

20 That the Secretary may retain from these funds such

21 amounts as the Secretary shall deem appropriate to under22 take the environmental and historic preservation analyses

23 associated with this project.
29

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1 Ω87æRHODE ISLAND RAIL DEVELOPMENT

2 For the costs associated with construction of a third

3 track on the Northeast Corridor between Davisville and

4 Central Falls, Rhode Island, with sufficient clearance to ac5 commodate double stack freight cars, $2,000,000 to be

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

7 a dollar for dollar basis and to remain available until ex8 pended: Provided, That as a condition of accepting such

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

10 enter into an agreement with the Secretary to reimburse

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

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

13 resulting from the legal action initiated by the P&W Rail14 road under its existing contracts with Amtrak relating to

15 the provision of vertical clearances between Davisville and

16 Central Falls in excess of those required for present freight

17 operations.

18 GRANTS TO THE NATIONAL RAILROAD PASSENGER

19 CORPORATION

20 To enable the Secretary of Transportation to make

21 grants to the National Railroad Passenger Corporation

22 authorized by 49 U.S.C. 24104, Ω88æ$628,000,000

23 $605,000,000, to remain available until expended, of which

24 Ω89æ$336,000,000 $305,000,000 shall be available for op25 erating losses and for mandatory passenger rail service
30

HR 2002 PP

1 payments, Ω90æ$62,000,000 $100,000,000 shall be for

2 transition costs incurred by the Corporation, and

3 Ω91æ$230,000,000 $200,000,000 shall be for capital im4 provements: Provided, Ω92æThat none of the funds under

5 this head shall be made available until significant reforms

6 (including labor reforms) in authorizing legislation are en7 acted to restructure the National Railroad Passenger Cor8 poration: Provided further, That funding under this head

9 for capital improvements shall not be made available be10 fore July 1, 1996: Provided further, That none of the

11 funds herein appropriated shall be used for lease or pur12 chase of passenger motor vehicles or for the hire of vehicle

13 operators for any officer or employee, other than the presi14 dent of the Corporation, excluding the lease of passenger

15 motor vehicles for those officers or employees while in offi16 cial travel status.

17 FEDERAL TRANSIT ADMINISTRATION

18 ADMINISTRATIVE EXPENSES

19 For necessary administrative expenses of the Federal

20 Transit Administration’s programs authorized by chapter

21 53 of title 49, United States Code, Ω93æ$39,260,000

22 $42,000,000.

23 FORMULA GRANTS

24 For necessary expenses to carry out 49 U.S.C. 5307,

25 5310(a)(2), 5311, and 5336, to remain available until ex-
31

HR 2002 PP

1 pended, Ω94æ$890,000,000 $985,000,000: Provided, That

2 no more than Ω95æ$2,000,000,000 $2,105,850,000 of

3 budget authority shall be available for these purposes: Pro4 vided further, That of the funds provided under this head

5 for formula grants, no more than $400,000,000 may be

6 used for operating assistance under 49 U.S.C.

7 5336(d)Ω96æ: Provided further, That the limitation on op8 erating assistance provided under this heading shall, for ur9 banized areas of less than 200,000 in population, be no less

10 than eighty percent of the amount of operating assistance

11 such areas are eligible to receive under Public Law 103–

12 331Ω97æ: Provided further, That before apportionment of

13 funds under this heading, $29,325,031 shall be apportioned

14 to areas of 200,000 or greater in population.

15 UNIVERSITY TRANSPORTATION CENTERS

16 For necessary expenses for university transportation

17 centers as authorized by 49 U.S.C. 5317(b), to remain

18 available until expended, $6,000,000.

19 TRANSIT PLANNING AND RESEARCH

20 For necessary expenses for transit planning and re21 search as authorized by 49 U.S.C. 5303, 5311, 5313,

22 5314, and 5315, to remain available until expended,

23 Ω98æ$82,250,000 of which $39,436,250 shall be for ac24 tivities under 49 U.S.C. 5303, $4,381,250 for activities

25 under 49 U.S.C. 5311(b)(2), $8,051,250 for activities
32

HR 2002 PP

1 under 49 U.S.C. 5313(b), $19,480,000 for activities under

2 49 U.S.C. 5314, $8,051,251 for activities under 49 U.S.C.

3 5313(a), and $2,850,000 for activities under 49 U.S.C.

4 5315 $90,000,000.

5 TRUST FUND SHARE OF EXPENSES

6 (LIQUIDATION OF CONTRACT AUTHORIZATION)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in carrying out

9 49 U.S.C. 5338(a), $1,120,850,000, to remain available

10 until expended and to be derived from the Highway Trust

11 Fund: Provided, That Ω99æ$1,110,000,000

12 $1,120,850,000 shall be paid from the Mass Transit Ac13 count of the Highway Trust Fund to the Federal Transit

14 Administration’s formula grants account.

15 DISCRETIONARY GRANTS

16 (LIMITATION ON OBLIGATIONS)

17 (HIGHWAY TRUST FUND)

18 None of the funds in this Act shall be available for

19 the implementation or execution of programs the obliga20 tions for which are in excess of $1,665,000,000 in fiscal

21 year 1996 for grants under the contract authority in 49

22 U.S.C. 5338(b): Provided, That there shall be available for

23 fixed guideway modernization, $666,000,000; there shall

24 be available for the replacement, rehabilitation, and pur25 chase of buses and related equipment and the construction

26 of bus-related facilities, $333,000,000; and Ω100æthere
33

HR 2002 PP

1 shall be available for new fixed guideway systems,

2 $666,000,000, to be available as follows, notwithstanding

3 any other provision of law, and except for fixed guideway

4 modernization projects, $22,840,000 made available under

5 Public Law 102–388 under ‘‘Federal Transit Administra6 tion, Discretionary Grants’’ for projects specified in that

7 Act or identified in reports accompanying that Act, not ob8 ligated by September 30, 1995, shall be made available for

9 new fixed guideway systems together with the $666,000,000

10 made available for new fixed guideway systems under this

11 Act, to be available as follows:

12 $42,410,000 for the Atlanta-North Springs

13 project;

14 Ω101æ$17,500,000 $22,620,000 for the South

15 Boston Piers (MOS–2) project;

16 Ω102æ$6,500,000 for the Canton-Akron-Cleve17 land commuter rail project (subject to passage here18 after by the House of a bill authorizing appropria19 tions therefor, and only in amounts provided there20 in);

21 Ω103æ$2,000,000 for the Cincinnati Northeast/

22 Northern Kentucky rail line project (subject to pas23 sage hereafter by the House of a bill authorizing ap24 propriations therefor, and only in amounts provided

25 therein);
34

HR 2002 PP

1 $16,941,000 for the Dallas South Oak Cliff

2 LRT project;

3 Ω104æ$2,500,000 $3,500,000 for the DART

4 North Central light rail extension project

5 Ω105æ(subject to passage hereafter by the House of

6 a bill authorizing appropriations therefor, and only

7 in amounts provided therein);

8 Ω106æ$5,000,000 $7,000,000 for the Dallas9 Fort Worth RAILTRAN project Ω107æ(subject to

10 passage hereafter by the House of a bill authorizing

11 appropriations therefor, and only in amounts pro12 vided therein);

13 $10,000,000 for the Florida Tri-County com14 muter rail project Ω108æ(subject to passage here15 after by the House of a bill authorizing appropria16 tions therefor, and only in amounts provided there17 in);

18 $22,630,000 for the Houston Regional Bus

19 project;

20 Ω109æ$12,500,000 for the Jacksonville ASE

21 extension project;

22 Ω110æ$125,000,000 $45,000,000 for the Los

23 Angeles Metro Rail (MOS–3);

24 Ω111æ$10,000,000 for the Los Angeles-San

25 Diego commuter rail project;
35

HR 2002 PP

1 Ω112æ$10,000,000 $15,000,000 for the MARC

2 commuter rail project;

3 Ω113æ$3,000,000 $22,630,000 for the Maryland

4 Central Corridor LRT project;

5 $2,000,000 for the Miami-North 27th Avenue

6 project Ω114æ(subject to passage hereafter by the

7 House of a bill authorizing appropriations therefor,

8 and only in amounts provided therein);

9 Ω115æ$2,500,000 for the Memphis, Tennessee

10 Regional Rail Plan (subject to passage hereafter by

11 the House of a bill authorizing appropriations there12 for, and only in amounts provided therein);

13 Ω116æ$75,000,000 $85,500,000 for the New

14 Jersey Urban Core-Secaucus project;

15 Ω117æ$10,000,000 for the New Orleans Canal

16 Street Corridor project (subject to passage hereafter

17 by the House of a bill authorizing appropriations

18 therefor, and only in amounts provided therein);

19 Ω118æ$114,989,000 $160,000,000 for the New

20 York Queens Connection project;

21 Ω119æ$5,000,000 for the Orange County

22 Transitway project (subject to passage hereafter by

23 the House of a bill authorizing appropriations there24 for, and only in amounts provided therein);
36

HR 2002 PP

1 $22,630,000 for the Pittsburgh Airport Phase

2 1 project;

3 Ω120æ$85,500,000 $130,140,000 for the Port4 land Westside LRT project;

5 Ω121æ$2,000,000 for the Sacramento LRT ex6 tension project;

7 Ω122æ$10,000,000 $13,000,000 for the St.

8 Louis Metro Link LRT project;

9 Ω123æ$5,000,000 $14,519,000 for the Salt Lake

10 City light rail projectΩ124æ:–Provided, That such

11 funding may be available only for related high-occu12 pancy vehicle lane and intermodal corridor design

13 costs;

14 Ω125æ$10,000,000 $22,620,000 for the San

15 Francisco BART Ω126æextension to the San Fran16 cisco airport extension/tasman corridor project;

17 Ω127æ$15,000,000 for the San Juan, Puerto

18 Rico Tren Urbano project (subject to passage here19 after by the House of a bill authorizing appropria20 tions therefor, and only in amounts provided there21 in);

22 Ω128æ$1,000,000 for the Tampa to Lakeland

23 commuter rail project (subject to passage hereafter

24 by the House of a bill authorizing appropriations

25 therefor, and only in amounts provided therein);
37

HR 2002 PP

1 Ω129æ$5,000,000 for the Whitehall ferry termi2 nal, New York, New York (subject to passage here3 after by the House of a bill authorizing appropria4 tions therefor, and only in amounts provided there5 in); and

6 $14,400,000 for the Wisconsin central com7 muter project Ω130æ(subject to passage hereafter by

8 the House of a bill authorizing appropriations there9 for, and only in amounts provided therein);

10 Ω131æ$11,300,000 for the Burlington-Charlotte,

11 Vermont commuter rail project; and

12 Ω132æ$5,000,000 for the Chicago central area

13 circulator.

14 MASS TRANSIT CAPITAL FUND

15 (LIQUIDATION OF CONTRACT AUTHORIZATION)

16 (HIGHWAY TRUST FUND)

17 For payment of obligations incurred in carrying out

18 49 U.S.C. 5338(b) administered by the Federal Transit

19 Administration, Ω133æ$2,000,000,000 $1,700,000,000 to

20 be derived from the Highway Trust Fund and to remain

21 available until expended.

22 WASHINGTON METROPOLITAN AREA TRANSIT

23 AUTHORITY

24 For necessary expenses to carry out the provisions

25 of section 14 of Public Law 96–184 and Public Law 101–
38

HR 2002 PP

1 551, Ω134æ$200,000,000 $170,000,000, to remain avail2 able until expended.

3 SAINT LAWRENCE SEAWAY DEVELOPMENT

4 CORPORATION

5 The Saint Lawrence Seaway Development Corpora6 tion is hereby authorized to make such expenditures, with7 in the limits of funds and borrowing authority available

8 to the Corporation, and in accord with law, and to make

9 such contracts and commitments without regard to fiscal

10 year limitations as provided by section 104 of the Govern11 ment Corporation Control Act, as amended, as may be

12 necessary in carrying out the programs set forth in the

13 Corporation’s budget for the current fiscal yearΩ135æ:

14 Provided, That, notwithstanding any other provision of

15 law, no funds made available to the Saint Lawrence Sea16 way Development Corporation from the Harbor Mainte17 nance Trust Fund may be obligated for fiscal year 1996,

18 if the Saint Lawrence Seaway Development Corporation

19 expends or obligates funds from the financial reserve fund

20 of the Corporation for the design, development, or procure21 ment of a global position system vessel traffic service system

22 during that fiscal year: Provided further, That no funds

23 made available to the Saint Lawrence Seaway Development

24 Corporation from the Harbor Maintenance Trust Fund
39

HR 2002 PP

1 pursuant to this Act may be used by the Corporation during

2 fiscal year 1996 for those purposes.

3 OPERATIONS AND MAINTENANCE

4 (HARBOR MAINTENANCE TRUST FUND)

5 For necessary expenses for operation and mainte6 nance of those portions of the Saint Lawrence Seaway op7 erated and maintained by the Saint Lawrence Seaway De8 velopment Corporation, Ω136æ$10,190,500 $10,150,000,

9 to be derived from the Harbor Maintenance Trust Fund,

10 pursuant to Public Law 99–662.

11 RESEARCH AND SPECIAL PROGRAMS

12 ADMINISTRATION

13 RESEARCH AND SPECIAL PROGRAMS

14 For expenses necessary to discharge the functions of

15 the Research and Special Programs Administration,

16 Ω137æ$26,030,000 $24,281,000, of which $574,000 shall

17 be derived from the Pipeline Safety Fund, and of which

18 $7,606,000 shall remain available until September 30,

19 1998Ω138æ:–Provided, That $2,322,000 shall be trans20 ferred to the Bureau of Transportation Statistics for the

21 expenses necessary to conduct activities related to Airline

22 Statistics, and of which $272,000 shall remain available

23 until expended: Provided further, That up to $1,000,000

24 in fees collected under 49 U.S.C. 5108(g) shall be depos25 ited in the general fund of the Treasury as offsetting re-
40

HR 2002 PP

1 ceipts: Provided further, That there may be credited to this

2 appropriation funds received from States, counties, mu3 nicipalities, other public authorities, and private sources

4 for expenses incurred for training, for reports publication

5 and dissemination.

6 PIPELINE SAFETY

7 (PIPELINE SAFETY FUND)

8 For expenses necessary to conduct the functions of

9 the pipeline safety program for grants-in-aid to carry out

10 a pipeline safety program, as authorized by 49 U.S.C.

11 60107 and the Hazardous Liquid Pipeline Safety Act of

12 1979, as amended, and to discharge the pipeline program

13 responsibilities of the Oil Pollution Act of 1990,

14 Ω139æ$29,941,000 $32,973,000, of which $2,698,000 shall

15 be derived from the Oil Spill Liability Trust Fund and

16 shall remain available until September 30, 1998; and of

17 which Ω140æ$27,243,000 $30,275,000 shall be derived

18 from the Pipeline Safety Fund, of which $19,423,000

19 shall remain available until September 30, 1998: Provided,

20 That from amounts made available herein from the Pipe21 line Safety Fund, not to exceed Ω141æ$1,000,000

22 $1,500,000 shall be available for grants to States for the

23 development and establishment of one-call notification

24 systems.
41

HR 2002 PP

1 EMERGENCY PREPAREDNESS GRANTS

2 (EMERGENCY PREPAREDNESS FUND)

3 For necessary expenses to carry out 49 U.S.C.

4 5127(c), $400,000 to be derived from the Emergency Pre5 paredness Fund, to remain available until September 30,

6 1998: Provided, That not more than Ω142æ$8,890,000

7 $9,200,000 shall be made available for obligation in fiscal

8 year 1996 from amounts made available by 49 U.S.C.

9 5116(i) and 5127(d): Provided further, That no such funds

10 shall be made available for obligation by individuals other

11 than the Secretary of Transportation, or his designees.

12 OFFICE OF INSPECTOR GENERAL

13 SALARIES AND EXPENSES

14 For necessary expenses of the Office of Inspector

15 General to carry out the provisions of the Inspector Gen16 eral Act of 1978, as amended, Ω143æ$40,238,000

17 $39,891,200.

18 Ω144æBUREAU OF TRANSPORTATION STATISTICS

19 For expenses necessary to conduct activities related to

20 airline statistics, $2,200,000, of which $272,000 shall re21 main available until expended.
42

HR 2002 PP

1 TITLE II

2 RELATED AGENCIES

3 ARCHITECTURAL AND TRANSPORTATION

4 BARRIERS COMPLIANCE BOARD

5 SALARIES AND EXPENSES

6 For expenses necessary for the Architectural and

7 Transportation Barriers Compliance Board, as authorized

8 by section 502 of the Rehabilitation Act of 1973, as

9 amended, Ω145æ$3,656,000 $3,500,000: Provided, That,

10 notwithstanding any other provision of law, there may be

11 credited to this appropriation funds received for publica12 tions and training expenses.

13 NATIONAL TRANSPORTATION SAFETY BOARD

14 SALARIES AND EXPENSES

15 For necessary expenses of the National Transpor16 tation Safety Board, including hire of passenger motor ve17 hicles and aircraft; services as authorized by 5 U.S.C.

18 3109, but at rates for individuals not to exceed the per

19 diem rate equivalent to the rate for a GS–18; uniforms,

20 or allowances therefor, as authorized by law (5 U.S.C.

21 5901–5902), Ω146æ$38,774,000 $37,500,000, of which

22 not to exceed $1,000 may be used for official reception

23 and representation expenses.
43

HR 2002 PP

1 EMERGENCY FUND

2 For necessary expenses of the National Transpor3 tation Safety Board for accident investigations, including

4 hire of passenger motor vehicles and aircraft; services as

5 authorized by 5 U.S.C. 3109, but at rates for individuals

6 not to exceed the per diem rate equivalent to the rate for

7 a GS–18; uniforms, or allowances therefor, as authorized

8 by law (5 U.S.C. 5901–5902), Ω147æ$160,802 $360,802

9 to remain available until expended.

10 INTERSTATE COMMERCE COMMISSION

11 Ω148æSALARIES AND EXPENSES

12 For necessary expenses of the Interstate Commerce

13 Commission, including services as authorized by 5 U.S.C.

14 3109, hire of passenger motor vehicles as authorized by

15 31 U.S.C. 1343(b), $13,379,000, of which $4,984,000

16 shall be for severance and closing costs: Provided, That

17 of the fees collected in fiscal year 1996 by the Interstate

18 Commerce Commission pursuant to 31 U.S.C. 9701, one19 twelfth of $8,300,000 of those fees collected shall be made

20 available for each month the Commission remains in exist21 ence during fiscal year 1996.

22 SALARIES AND EXPENSES

23 For necessary expenses of the Interstate Commerce

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

25 costs, and for other expenses.
44

HR 2002 PP

1 PAYMENTS FOR DIRECTED RAIL SERVICE

2 (LIMITATION ON OBLIGATIONS)

3 None of the funds provided in this Act shall be avail4 able for the execution of programs the obligations for

5 which can reasonably be expected to exceed $475,000 for

6 directed rail service authorized under 49 U.S.C. 11125 or

7 any other Act.

8 PANAMA CANAL COMMISSION

9 PANAMA CANAL REVOLVING FUND

10 For administrative expenses of the Panama Canal

11 Commission, including not to exceed $11,000 for official

12 reception and representation expenses of the Board; not

13 to exceed $5,000 for official reception and representation

14 expenses of the Secretary; and not to exceed $30,000 for

15 official reception and representation expenses of the Ad16 ministrator, $50,741,000, to be derived from the Panama

17 Canal Revolving Fund: Provided, That funds available to

18 the Panama Canal Commission shall be available for the

19 purchase of not to exceed 38 passenger motor vehicles for

20 replacement only (including large heavy-duty vehicles used

21 to transport Commission personnel across the Isthmus of

22 Panama), the purchase price of which shall not exceed

23 $19,500 per vehicle.
45

HR 2002 PP

1 TITLE III

2 GENERAL PROVISIONS

3 (INCLUDING TRANSFERS OF FUNDS)

4 SEC. 301. During the current fiscal year applicable

5 appropriations to the Department of Transportation shall

6 be available for maintenance and operation of aircraft;

7 hire of passenger motor vehicles and aircraft; purchase of

8 liability insurance for motor vehicles operating in foreign

9 countries on official department business; and uniforms,

10 or allowances therefor, as authorized by law (5 U.S.C.

11 5901–5902).

12 SEC. 302. Funds for the Panama Canal Commission

13 may be apportioned notwithstanding 31 U.S.C. 1341 to

14 the extent necessary to permit payment of such pay in15 creases for officers or employees as may be authorized by

16 administrative action pursuant to law that are not in ex17 cess of statutory increases granted for the same period

18 in corresponding rates of compensation for other employ19 ees of the Government in comparable positions.

20 SEC. 303. Funds appropriated under this Act for ex21 penditures by the Federal Aviation Administration shall

22 be available (1) except as otherwise authorized by

23 Ω149æthe Act of September 30, 1950 (20 U.S.C. 236–

24 244) title VIII of the Elementary and Secondary Education

25 Act of 1965, 20 U.S.C. 7701, et. seq., for expenses of pri-
46

HR 2002 PP

1 mary and secondary schooling for dependents of Federal

2 Aviation Administration personnel stationed outside the

3 continental United States at costs for any given area not

4 in excess of those of the Department of Defense for the

5 same area, when it is determined by the Secretary that

6 the schools, if any, available in the locality are unable to

7 provide adequately for the education of such dependents,

8 and (2) for transportation of said dependents between

9 schools serving the area that they attend and their places

10 of residence when the Secretary, under such regulations

11 as may be prescribed, determines that such schools are

12 not accessible by public means of transportation on a regu13 lar basis.

14 SEC. 304. Appropriations contained in this Act for

15 the Department of Transportation shall be available for

16 services as authorized by 5 U.S.C. 3109, but at rates for

17 individuals not to exceed the per diem rate equivalent to

18 the rate for an Executive Level IV.

19 SEC. 305. None of the funds for the Panama Canal

20 Commission may be expended unless in conformance with

21 the Panama Canal Treaties of 1977 and any law imple22 menting those treaties.

23 SEC. 306. None of the funds in this Act shall be used

24 for the planning or execution of any program to pay the

25 expenses of, or otherwise compensate, non-Federal parties
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1 intervening in regulatory or adjudicatory proceedings

2 funded in this Act.

3 SEC. 307. None of the funds appropriated in this Act

4 shall remain available for obligation beyond the current

5 fiscal year, nor may any be transferred to other appropria6 tions, unless expressly so provided herein.

7 SEC. 308. The Secretary of Transportation may enter

8 into grants, cooperative agreements, and other trans9 actions with any person, agency, or instrumentality of the

10 United States, any unit of State or local government, any

11 educational institution, and any other entity in execution

12 of the Technology Reinvestment Project authorized under

13 the Defense Conversion, Reinvestment and Transition As14 sistance Act of 1992 and related legislation: Provided,

15 That the authority provided in this section may be exer16 cised without regard to section 3324 of title 31, United

17 States Code.

18 SEC. 309. The expenditure of any appropriation

19 under this Act for any consulting service through procure20 ment contract pursuant to section 3109 of title 5, United

21 States Code, shall be limited to those contracts where such

22 expenditures are a matter of public record and available

23 for public inspection, except where otherwise provided

24 under existing law, or under existing Executive order is25 sued pursuant to existing law.
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1 SEC. 310. (a) For fiscal year 1996 the Secretary of

2 Transportation shall distribute the obligation limitation

3 for Federal-aid highways by allocation in the ratio which

4 sums authorized to be appropriated for Federal-aid high5 ways that are apportioned or allocated to each State for

6 such fiscal year bear to the total of the sums authorized

7 to be appropriated for Federal-aid highways that are ap8 portioned or allocated to all the States for such fiscal year.

9 (b) During the period October 1 through December

10 31, 1995, no State shall obligate more than 25 per centum

11 of the amount distributed to such State under subsection

12 (a), and the total of all State obligations during such pe13 riod shall not exceed 12 per centum of the total amount

14 distributed to all States under such subsection.

15 (c) Notwithstanding subsections (a) and (b), the Sec16 retary shall—

17 (1) provide all States with authority sufficient

18 to prevent lapses of sums authorized to be appro19 priated for Federal-aid highways that have been ap20 portioned to a State;

21 (2) after August 1, 1996, revise a distribution

22 of the funds made available under subsection (a) if

23 a State will not obligate the amount distributed dur24 ing that fiscal year and redistribute sufficient

25 amounts to those States able to obligate amounts in
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1 addition to those previously distributed during that

2 fiscal year giving priority to those States having

3 large unobligated balances of funds apportioned

4 under sections 103(e)(4), 104, and 144 of title 23,

5 United States Code, and under sections 1013(c) and

6 1015 of Public Law 102–240; and

7 (3) not distribute amounts authorized for ad8 ministrative expenses and funded from the adminis9 trative takedown authorized by section 104(a), title

10 23 U.S.C., the Federal lands highway program, the

11 intelligent vehicle highway systems program, and

12 amounts made available under sections 1040, 1047,

13 1064, 6001, 6005, 6006, 6023, and 6024 of Public

14 Law 102–240, and 49 U.S.C. 5316, 5317, and

15 5338: Provided, That amounts made available under

16 section 6005 of Public Law 102–240 shall be subject

17 to the obligation limitation for Federal-aid highways

18 and highway safety construction programs under the

19 head ‘‘Federal-Aid Highways’’ in this Act.

20 (d) During the period October 1 through December

21 31, 1995, the aggregate amount of obligations under sec22 tion 157 of title 23, United States Code, for projects cov23 ered under section 147 of the Surface Transportation As24 sistance Act of 1978, section 9 of the Federal-Aid High25 way Act of 1981, sections 131(b), 131(j), and 404 of Pub-
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1 lic Law 97–424, sections 1061, 1103 through 1108, 4008,

2 and 6023(b)(8) and 6023(b)(10) of Public Law 102–240,

3 and for projects authorized by Public Law 99–500 and

4 Public Law 100–17, shall not exceed $277,431,840.

5 (e) During the period August 2 through September

6 30, 1996, the aggregate amount which may be obligated

7 by all States Ω150æpursuant to paragraph (d) shall not

8 exceed 2.5 percent of the aggregate amount of funds ap9 portioned or allocated to all States—

10 (1) under sections 104 and 144 of title 23,

11 United States Code, and 1013(c) and 1015 of Public

12 Law 102–240, and

13 (2) for highway assistance projects under sec14 tion 103(e)(4) of title 23, United States Code,

15 which would not be obligated in fiscal year 1996 if the

16 total amount of the obligation limitation provided for such

17 fiscal year in this Act were utilized.

18 (f) Paragraph (e) shall not apply to any State which

19 on or after August 1, 1996, has the amount distributed

20 to such State under paragraph (a) for fiscal year 1996

21 reduced under paragraph (c)(2).

22 SEC. 311. None of the funds in this Act shall be avail23 able for salaries and expenses of more than one hundred

24 Ω151æand ten political and Presidential appointees in the

25 Department of Transportation: Provided, That none of the
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1 personnel covered by this provision may be assigned on

2 temporary detail outside the Department of Transpor3 tation.

4 SEC. 312. The limitation on obligations for the pro5 grams of the Federal Transit Administration shall not

6 apply to any authority under 49 U.S.C. 5338, previously

7 made available for obligation, or to any other authority

8 previously made available for obligation under the discre9 tionary grants program.

10 Ω152æSEC. 313. None of the funds in this Act shall

11 be used to implement section 404 of title 23, United

12 States Code.

13 SEC. 314. Such sums as may be necessary for fiscal

14 year 1996 pay raises for programs funded in this Act shall

15 be absorbed within the levels appropriated in this Act or

16 previous appropriations Acts.

17 SEC. 315. Funds received by the Research and Spe18 cial Programs Administration from States, counties, mu19 nicipalities, other public authorities, and private sources

20 for expenses incurred for training and for reports’ publica21 tion and dissemination may be credited to the Research

22 and Special Programs account.

23 SEC. 316. None of the funds in this Act shall be avail24 able to plan, finalize, or implement regulations that would

25 establish a vessel traffic safety fairway less than five miles
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1 wide between the Santa Barbara Traffic Separation

2 Scheme and the San Francisco Traffic Separation

3 Scheme.

4 SEC. 317. Notwithstanding any other provision of

5 law, airports may transfer, without consideration, to the

6 Federal Aviation Administration (FAA) instrument land7 ing systems (along with associated approach lighting

8 equipment and runway visual range equipment) which

9 conform to FAA design and performance specifications,

10 the purchase of which was assisted by a Federal airport

11 aid program, airport development aid program or airport

12 improvement program grant. The FAA shall accept such

13 equipment, which shall thereafter be operated and main14 tained by the FAA in accordance with agency criteria.

15 SEC. 318. None of the funds in this Act shall be avail16 able to award a multiyear contract for production end

17 items that (1) includes economic order quantity or long

18 lead time material procurement in excess of $10,000,000

19 in any one year of the contract or (2) includes a cancella20 tion charge greater than $10,000,000 which at the time

21 of obligation has not been appropriated to the limits of

22 the government’s liability or (3) includes a requirement

23 that permits performance under the contract during the

24 second and subsequent years of the contract without con25 ditioning such performance upon the appropriation of
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1 funds: Provided, That this limitation does not apply to a

2 contract in which the Federal Government incurs no fi3 nancial liability from not buying additional systems, sub4 systems, or components beyond the basic contract require5 ments.

6 SEC. 319. None of the funds provided in this Act

7 shall be made available for planning and executing a pas8 senger manifest program by the Department of Transpor9 tation that only applies to United States flag carriers.

10 SEC. 320. None of the funds made available in this

11 Act may be used to implement, administer, or enforce the

12 provisions of section 1038(d) of Public Law 102–240.

13 SEC. 321. Notwithstanding any other provision of

14 law, and except for fixed guideway modernization projects,

15 funds made available by this Act under ‘‘Federal Transit

16 Administration, Discretionary grants’’ for projects speci17 fied in this Act or identified in reports accompanying this

18 Act not obligated by September 30, 1998, shall be made

19 available for other projects under 49 U.S.C. 5309.

20 SEC. 322. Notwithstanding any other provision of

21 law, any funds appropriated before October 1, 1993, under

22 any section of chapter 53 of title 49 U.S.C., that remain

23 available for expenditure may be transferred to and ad24 ministered under the most recent appropriation heading

25 for any such section.
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1 SEC. 323. None of the funds in this Act shall be avail2 able to implement or enforce regulations that would result

3 in the withdrawal of a slot from an air carrier at O’Hare

4 International Airport under section 93.223 of title 14 of

5 the Code of Federal Regulations in excess of the total slots

6 withdrawn from that air carrier as of October 31, 1993

7 if such additional slot is to be allocated to an air carrier

8 or foreign air carrier under section 93.217 of title 14 of

9 the Code of Federal Regulations.

10 SEC. 324. None of the funds made available by this

11 Act may be obligated or expended to design, construct,

12 erect, modify or otherwise place any sign in any State re13 lating to any speed limit, distance, or other measurement

14 on any highway if such sign establishes such speed limit,

15 distance, or other measurement using the metric system.

16 SEC. 325. Notwithstanding any other provisions of

17 law, tolls collected for motor vehicles on any bridge con18 necting the boroughs of Brooklyn, New York, and Staten

19 Island, New York, shall continue to be collected for only

20 those vehicles exiting from such bridge in Staten Island.

21 SEC. 326. None of the funds in this Act may be used

22 to compensate in excess of 335 technical staff years under

23 the federally-funded research and development center

24 contract between the Federal Aviation Administration
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1 and the Center for Advanced Aviation Systems Develop2 ment during fiscal year 1996.

3 SEC. 327. Funds provided in this Act for the Depart4 ment of Transportation working capital fund (WCF) shall

5 be reduced by Ω153æ$10,000,000 $5,000,000, which limits

6 fiscal year 1996 WCF obligational authority for elements

7 of the Department of Transportation funded in this Act

8 to no more than Ω154æ$92,231,000 $99,364,000: Pro9 vided, That such reductions from the budget request shall

10 be allocated by the Department of Transportation to each

11 appropriations account in proportion to the amount in12 cluded in each account for the working capital fund.

13 SEC. 328. Funds received by the Federal Highway

14 Administration, Federal Transit Administration, and Fed15 eral Railroad Administration from States, counties, mu16 nicipalities, other public authorities, and private sources

17 for expenses incurred for training may be credited respec18 tively to the Federal Highway Administration’s ‘‘Limita19 tion on General Operating Expenses’’ account, the Federal

20 Transit Administration’s ‘‘Transit Planning and Re21 search’’ account, and to the Federal Railroad Administra22 tion’s ‘‘Railroad Safety’’ account, except for State rail

23 safety inspectors participating in training pursuant to 49

24 U.S.C. 20105.
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1 SEC. 329. (a) PURCHASE OF AMERICAN-MADE

2 EQUIPMENT AND PRODUCTS.—It is the sense of the Con3 gress that, to the greatest extent practicable, all equip4 ment and products purchased with funds made available

5 in this Act should be American-made.

6 (b) NOTICE REQUIREMENT.—In providing financial

7 assistance to, or entering into any contract with, any en8 tity using funds made available in this Act, the head of

9 each Federal agency, to the greatest extent practicable,

10 shall provide to such entity a notice describing the state11 ment made in subsection (a) by the Congress.

12 Ω155æSEC. 330. None of the funds in this Act shall

13 be available to prepare, propose, or promulgate any regu14 lations pursuant to title V of the Motor Vehicle Informa15 tion and Cost Savings Act (49 U.S.C. 32901, et seq.) pre16 scribing corporate average fuel economy standards for

17 automobiles, as defined in such title, in any model year

18 that differs from standards promulgated for such auto19 mobiles prior to enactment of this section.

20 SEC. 331. Notwithstanding 15 U.S.C. 631 et seq. and

21 10 U.S.C. 2301 et seq. as amended, the United States

22 Coast Guard acquisition of 47-foot Motor Life Boats for

23 fiscal years 1995 through 2000 shall be subject to full and

24 open competition for all U.S. shipyards. Accordingly, the

25 Federal Acquisition Regulations (FAR) (including but not
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1 limited to FAR Part 19), shall not apply to the extent

2 they are inconsistent with a full and open competition.

3 SEC. 332. None of the funds in this Act may be used

4 for planning, engineering, design, or construction of a

5 sixth runway at the new Denver International Airport,

6 Denver, Colorado: Provided, That this provision shall not

7 apply in any case where the Administrator of the Federal

8 Aviation Administration determines, in writing, that safe9 ty conditions warrant obligation of such funds.

10 SEC. 333. (a) Section 5302(a)(1) of title 49, United

11 States Code, is amended by striking—

12 (1) in subparagraph (B), ‘‘that extends the eco13 nomic life of the bus for at least 5 years’’; and

14 (2) in subparagraph (C), ‘‘that extends the eco15 nomic life of the bus for at least 8 years’’.

16 (b) The amendments made by this section shall not

17 take effect before March 31, 1996.

18 SEC. 334. Notwithstanding 31 U.S.C. 3302, funds re19 ceived by the Bureau of Transportation Statistics from the

20 sale of data products, for necessary expenses incurred pur21 suant to the provisions of section 6006 of the Intermodal

22 Surface Transportation Efficiency Act of 1991, may be

23 credited to the Federal-aid highways account for the pur24 pose of reimbursing the Bureau for such expenses: Pro25 vided, That such funds shall not be subject to the obliga-
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1 tion limitation for Federal-aid highways and highway safe2 ty construction.

3 SEC. 335. Of the budgetary resources provided to the

4 Department of Transportation Ω156æ(excluding the Mari5 time Administration) during fiscal year 1996,

6 $25,000,000 are permanently canceled: Provided, That the

7 Secretary of Transportation shall reduce the existing field

8 office structure, and to the extent practicable

9 Ω157æcollocate consolidate the Department’s

10 Ω158æsurface transportation field offices administrative

11 activities: Provided further, That the Secretary may for

12 the purpose of consolidation of offices and facilities other

13 than those at Headquarters, after notification to and ap14 proval of the House and Senate Committees on Appropria15 tions, transfer the funds made available by this Act for

16 civilian and military personnel compensation and benefits

17 and other administrative expenses to other appropriations

18 made available to the Department of Transportation as

19 the Secretary may designate, to be merged with and to

20 be available for the same purposes and for the same time

21 period as the appropriations of funds to which transferred:

22 Provided further, That no appropriation shall be increased

23 or decreased by more than ten per centum by all such

24 transfersΩ159æ: Provided further, That, notwithstanding 5

25 U.S.C. 905(b), the President may prepare and transmit to
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1 Congress not later than the date for transmittal to Congress

2 of the Budget Request for Fiscal Year 1997, a reorganiza3 tion plan pursuant to chapter 9 of title 5, United States

4 Code, for the reorganization of the surface transportation

5 activities of the Department of Transportation and the rela6 tionship of the Saint Lawrence Seaway Development Cor7 poration to the Department.

8 SEC. 336. The Secretary of Transportation is author9 ized to transfer funds appropriated Ω160æfor any office

10 of the Office of the Secretary in this Act to ‘‘Rental pay11 ments’’ for any expense authorized by that appropriation

12 in excess of the amounts provided in this Act: Provided,

13 That prior to any such transfer, notification shall be pro14 vided to the House and Senate Committees on Appropria15 tions.

16 Ω161æSEC. 337. None of the funds in this Act may

17 be obligated or expended for employee training which: (a)

18 does not meet identified needs for knowledge, skills and

19 abilities bearing directly upon the performance of official

20 duties; (b) contains elements likely to induce high levels

21 of emotional response or psychological stress in some par22 ticipants; (c) does not require prior employee notification

23 of the content and methods to be used in the training and

24 written end of course evaluations; (d) contains any meth25 ods or content associated with religious or quasi-religious
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1 belief systems or ‘‘new age’’ belief systems as defined in

2 Equal Employment Opportunity Commission Notice N–

3 915.022, dated September 2, 1988; (e) is offensive to, or

4 designed to change, participants’ personal values or life5 style outside the workplace; or (f) includes content related

6 to human immunodeficiency virus/acquired immune defi7 ciency syndrome (HIV/AIDS) other than that necessary

8 to make employees more aware of the medical ramifica9 tions of HIV/AIDS and the workplace rights of HIV-posi10 tive employees.

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

12 shall be made available for employee training unless such

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

14 et seq., as amended.

15 Ω162æSEC. 338. None of the funds in this Act may

16 be used to enforce the requirement that airport charges

17 make the as airport self-sustaining as possible or the pro18 hibition against revenue diversion in the Airport and Air19 way Improvement Act of 1982 (49 U.S.C. 47107) against

20 Hot Springs Memorial Field in Hot Springs, Arkansas,

21 on the grounds of such airport’s failure to collect fair mar22 ket rental value for the facilities known as Kimery Park

23 and Family Park: Provided, That any fees collected by any

24 person for the use of such parks above those required for

25 the operation and maintenance of such parks shall be re-
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1 mitted to such airport: Provided further, That the Federal

2 Aviation Administration does not find that any use of, or

3 structures on, Kimery Park and Family Park are incom4 patible with the safe and efficient use of the airport.

5 SEC. 339. (a) Except as provided in subsection (b)

6 of this section, 180 days after attaining eligibility for an

7 immediate retirement annuity under 5 U.S.C. 8336 or 5

8 U.S.C. 8412, an individual shall not be eligible to receive

9 compensation under 5 U.S.C. 8105–8106 resulting from

10 work injuries associated with employment with the De11 partment of Transportation (excluding the Maritime Ad12 ministration).

13 (b) An individual who, on the date of enactment of

14 this Act, is eligible to receive an immediate annuity de15 scribed in subsection (a) may continue to receive such

16 compensation under 5 U.S.C. 8105–8106 until March 31,

17 1996.

18 Ω163æ(c) For the purposes of section (a), the time an

19 individual has spent on the worker’s compensation rolls

20 shall be counted as regular employment time.

21 Ω164æSEC. 340. None of the funds in this Act shall

22 be available to pay the salaries and expenses of any indi23 vidual to arrange tours of scientists or engineers employed

24 by or working for the People’s Republic of China, to hire

25 citizens of the People’s Republic of China to participate
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1 in research fellowships sponsored by the Federal Highway

2 Administration or other modal administrations of the De3 partment of Transportation, or to provide training or any

4 form of technology transfer to scientists or engineers em5 ployed by or working for the People’s Republic of China.

6 Ω165æSEC. 341. None of the funds in this Act may

7 be used to support Federal Transit Administration’s field

8 operations and oversight of the Washington Metropolitan

9 Area Transit Authority in any location other than from

10 the Washington, D.C. metropolitan area.

11 Ω166æSEC. 342. In addition to the sums made avail12 able to the Department of Transportation, $8,421,000

13 shall be available on the effective date of legislation trans14 ferring certain rail and motor carrier functions from the

15 Interstate Commerce Commission to the Department of

16 Transportation: Provided, That such amount shall be

17 available only to the extent authorized by law: Provided

18 further, That of the fees collected pursuant to 31 U.S.C.

19 9701 in fiscal year 1996 by the successors of the Inter20 state Commerce Commission, one-twelfth of $8,300,000 of

21 those fees shall be made available for each month during

22 fiscal year 1996 that the successors of the Interstate Com23 merce Commission carry out the transferred rail and

24 motor carrier functions.
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1 Ω167æSEC. 343. Notwithstanding any other law, the

2 funds available for obligation to carry out the project in

3 West Calcasieu Parish, Louisiana, authorized by section

4 149(a)(87) of the Surface Transportation and Uniform Re5 location Assistance Act of 1987 (Public Law 101–17; 101

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

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

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

9 Surface Transportation Efficiency Act of 1991 (Public Law

10 102–240; 105 Stat. 2038).

11 Ω168æSEC. 344. Improvements identified as highest

12 priority by section 1069(t) of Public Law 102–240 and

13 funded pursuant to section 118(c)(2) of title 23, United

14 States Code, shall not be treated as an allocation for Inter15 state maintenance for such fiscal year under section

16 157(a)(4) of title 23, United States Code, and sections

17 1013(c), 1015(a)(1), and 1015(b)(1) of Public Law 102–

18 240: Provided, That any discretionary grant made pursu19 ant to Public Law 99–663 shall not be subject to section

20 1015 of Public Law 102–240.

21 Ω169æSEC. 345. The Secretary, in consultation with

22 the Secretary of Labor and the Administrator of the Envi23 ronmental Protection Agency shall, within three months of

24 the date of enactment of this Act, carry out research to iden25 tify successful telecommuting programs in the public and
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1 private sectors and provide for the dissemination to the

2 public of information regarding the establishment of suc3 cessful telecommuting programs and the benefits and costs

4 of telecommuting. Within one year of the date of enactment

5 of this Act, the Secretary shall report to Congress its find6 ings, conclusions, and recommendations regarding

7 telecommuting developed under this section.

8 Ω170æSEC. 346. Notwithstanding section 1003(c) of

9 Public Law 102–240, authorizations for the Indian Res10 ervation Roads under Section 1003(a)(6)(A) of Public Law

11 102–240 shall be exempt from any reduction in authoriza12 tions for budget compliance.

13 Ω171æSEC. 347. Notwithstanding any other provision

14 of law, for fiscal year 1996, the Secretary shall allocate to

15 a State an additional amount of funding for its Federal16 aid highway programs on a dollar for dollar basis to the

17 extent that prior year unobligated balances are withdrawn

18 and canceled. Such funds are subject to the obligation ceil19 ing for Federal-aid Highways set by annual appropriations

20 Acts: Provided, That prior year unobligated balances may

21 not be withdrawn and canceled that were suballocated

22 under title 23 or Public Law 102–240 or were made avail23 able under the congestion mitigation and air quality pro24 gram.
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1 Ω172æSEC. 348. Notwithstanding any other provision

2 of law, for fiscal year 1996, a State may, at its option,

3 transfer those funds authorized or appropriated for highway

4 demonstration projects under Public Law 102–240, Public

5 Law 100–17, Public Law 97–424, or under an applicable

6 appropriations act for the Department of Transportation,

7 to its apportionment under section 104(b)(1), (2), (3), (5),

8 and 144 of title 23, United States Code: Provided, That

9 demonstration projects upon which such funds are drawn

10 have not gone to construction (although obligations may

11 have been incurred for preliminary engineering or environ12 mental studies). Funds transferred under this section shall

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

14 relating to the apportionment to which they are transferred

15 and shall be subject to the obligation ceiling for Federal16 aid highways set by annual appropriations Acts.

17 Ω173æSEC. 349. INTERSTATE COMPACT INFRASTRUC18 TURE BANKS.—Chapter 3 of title 49, United States Code,

19 is amended by the addition of the following new section 334:

20 ‘‘SEC. 334. INTERSTATE COMPACT INFRASTRUCTURE

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

22 order to increase public investment, attract needed private

23 investment, and promote an intermodal transportation net24 work, Congress grants consent to the States to establish

25 State infrastructure banks and to enter into interstate com-
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1 pacts establishing transportation infrastructure banks to

2 promote regional or multi-State investment in transpor3 tation infrastructure and thereby improve economic produc4 tivity.

5 ‘‘(b) ASSISTANCE FOR TRANSPORTATION PROJECTS,

6 PROGRAMS, AND ACTIVITIES.—A State or Interstate Com7 pact Transportation Infrastructure Bank (Infrastructure

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

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

10 jurisdictions either jointly or separately as the Infrastruc11 ture Bank and its jurisdictions determine, and provide

12 other assistance to public or private entities constructing,

13 or proposing to construct or initiate, transportation

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

15 financial assistance under—

16 ‘‘(1) title 23, United States Code, and the Inter17 modal Surface Transportation Efficiency Act of 1991;

18 and

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

20 B, of this title.

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

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

23 entity in an amount equal to all or part of the cost of con24 struction or capital cost of a qualifying project. The amount

25 of any loan or other assistance received for a qualifying
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1 project under this section may be subordinated to any other

2 debt financing for the project. For purposes of this sub3 section, the term ‘other assistance’ includes any use of funds

4 for the purpose of credit enhancements, use as a capital re5 serve for bond or debt instrument financing, bond or debt

6 instrument financing issuance costs, bond or debt issuance

7 financing insurance, subsidizing of interest rates, letters of

8 credit, credit instruments, bond or debt financing instru9 ment security, other forms of debt financing that relate to

10 the qualifying project, and other leveraging tools approved

11 by the Secretary.

12 ‘‘(d) INTERSTATE COMPACT TRANSPORTATION INFRA13 STRUCTURE BANK REQUIREMENTS.—In order to qualify an

14 Interstate Compact Transportation Infrastructure Bank for

15 capitalization grants under this section, each participating

16 State shall—

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

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

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

20 percent of each capitalization grant or, if lower be21 cause of the proportion of Federal lands in the State,

22 the proportional non-Federal share that a State

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

24 title 23;
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1 ‘‘(2) ensure that the Infrastructure Bank main2 tains on a continuing basis an investment grade rat3 ing on its debt issuances or has a sufficient level of

4 bond or debt financing instrument insurance to

5 maintain the viability of the fund;

6 ‘‘(3) ensure that investment income generated by

7 the funds deposited into an Infrastructure Bank shall

8 be—

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

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

11 and other assistance to qualifying projects, pro12 grams, or activities from the Infrastructure

13 Bank; and

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

15 bank deposits, or such other financing instru16 ments as the Secretary may provide to earn in17 terest to enhance the leveraging of qualifying

18 transportation activities;

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

20 other assistance to a State from any loan under this

21 section may be credited to the Infrastructure Bank or

22 obligated for any purpose for which the loaned funds

23 were available under this title or title 23;

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

25 Bank shall bear any positive interest the Bank deter-
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1 mines appropriate to make the qualifying project fea2 sible;

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

4 Infrastructure Bank shall commence not later than

5 five years after the facility has opened to traffic or the

6 project, activity or facility has been completed;

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

8 shall not exceed 30 years from the date of obligation

9 of the loan;

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

11 an Infrastructure Bank to not more than the amount

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

13 this section; and

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

15 annual report to the Secretary on its status no later

16 than September 30 of each year.

17 ‘‘(e) SECRETARIAL REQUIREMENTS.—In administer18 ing this section, the Secretary shall—

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

20 reserves shall be at a rate consistent with historic

21 rates for the Federal-aid highway program; and

22 ‘‘(2) specify procedures and guidelines for estab23 lishing, operating, and making loans from an Infra24 structure Bank.
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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS; CONTRIBU2 TIONS FROM TITLE 23 APPORTIONMENTS.—(1) There are

3 authorized to be appropriated from the Airport and Airway

4 Trust Fund established under section 9502 of the Internal

5 Revenue Code of 1986 (26 U.S.C. 9502) to carry out this

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

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

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

9 Transportation Efficiency Act of 1991), a State may con10 tribute to an Infrastructure Bank up to 10 percent of fed11 eral funds apportioned under section 104(b) of title 23 that

12 are subject to the annual Federal-aid Highways obligation

13 limitation, except for interstate construction and congestion

14 mitigation and air quality program funds: Provided, That

15 a State shall not deposit funds that are suballocated under

16 title 23 or Public Law 102–240.

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

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

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

20 that does not exceed the traditional rate of disbursement

21 for the Airport Improvement Program or the Federal-aid

22 Highway program, respectively.

23 ‘‘(g) STATE ALLOCATION.—The Secretary shall appor24 tion to the chief executive of each State choosing to partici25 pate in an Infrastructure Bank the percentage allocation
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1 of the amount available under paragraph (e)(1) of this sec2 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

‘‘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
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‘‘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 obli4 gation on the part of the United States to any third party,

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

6 States for payment solely by virtue of the deposit. Further7 more, any security or debt financing instrument issued by

8 an Infrastructure Bank shall expressly state that the secu9 rity or instrument does not constitute a commitment, guar10 antee, or obligation of the United States.

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

12 3335 and 6503 of title 31, United States Code, shall not

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

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

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

16 amount not to exceed two percent of the Federal funds de17 posited into that Infrastructure Bank by the State to pro18 vide for the reasonable costs of administering the fund.

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

20 the available contract authority balances under the account

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

22 $250,000,000 are rescinded.’’.

23 Ω174æSEC. 350. (a) In consultation with the employ24 ees of the Federal Aviation Administration and such non-
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1 governmental experts in personnel management systems as

2 he may employ, and notwithstanding the provisions of title

3 5, United States Code, and other Federal personnel laws,

4 the Secretary of Transportation shall develop and imple5 ment, not later than January 1, 1996, a personnel manage6 ment system for the Federal Aviation Administration that

7 addresses the unique demands on the agency’s workforce.

8 Such new system shall, at a minimum, provide for greater

9 flexibility in the hiring, training, compensation, and loca10 tion of personnel.

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

12 not apply to the new personnel management system devel13 oped and implemented pursuant to subsection (a), with the

14 exception of:

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

16 protection;

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

18 the right to strike;

19 (3) Section 7204, relating to antidiscrimination;

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

21 and conduct;

22 (5) Chapter 81, relating to compensation for

23 work injury; and

24 (6) Chapters 83–85, 87, and 89, relating to re25 tirement and insurance coverage.
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1 (c) This section shall take effect on April 1, 1996.

2 Ω175æSEC. 351. (a) In consultation with such non3 governmental experts in acquisition management systems

4 as he may employ, and notwithstanding provisions of Fed5 eral acquisition law, the Secretary of Transportation shall

6 develop and implement, not later than January 1, 1996,

7 an acquisition management system for the Federal Aviation

8 Administration that addresses the unique needs of the agen9 cy and, at a minimum, provides for more timely and cost10 effective acquisitions of equipment and materials.

11 (b) The following provisions of Federal acquisition law

12 shall not apply to the new acquisition management system

13 developed and implemented pursuant to subsection (a):

14 (1) Title III of the Federal Property and Admin15 istrative Services Act of 1949 (41 U.S.C. 252–266);

16 (2) The Office of Federal Procurement Policy Act

17 (41 U.S.C. 401 et seq.);

18 (3) The Federal Acquisition Streamlining Act of

19 1994 (Public Law 103–355);

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

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

22 awarded contracts shall be provided to small business

23 concerns and small business concerns owned and con24 trolled by socially and economically disadvantaged

25 individuals;
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1 (5) The Competition in Contracting Act;

2 (6) Subchapter V of Chapter 35 of title 31, relat3 ing to the procurement protest system;

4 (7) The Brooks Automatic Data Processing Act

5 (40 U.S.C. 759); and

6 (8) The Federal Acquisition Regulation and any

7 laws not listed in (a) through (e) of this section pro8 viding authority to promulgate regulations in the

9 Federal Acquisition Regulation.

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

11 Ω176æSEC. 352. Funds provided in this Act for bo12 nuses and cash awards for employees of the Department of

13 Transportation shall be reduced by $752,852, which limits

14 fiscal year 1995 obligation authority to no more than

15 $25,875,075: Provided, That this provision shall be applied

16 to funds for Senior Executive Service bonuses, merit pay,

17 and other bonuses and cash awards.

18 Ω177æSEC. 353. Not to exceed $850,000 of the funds

19 provided in this Act for the Department of Transportation

20 shall be available for the necessary expenses of advisory

21 committees.

22 Ω178æSEC. 354. Notwithstanding any other provision

23 of law, the Secretary may use funds appropriated under

24 this Act, or any subsequent Act, to administer and imple25 ment the exemption provisions of 49 CFR 580.6 and to
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1 adopt or amend exemptions from the disclosure require2 ments of 49 CFR Part 580 for any class or category of vehi3 cles that the Secretary deems appropriate.

4 Ω179æSEC. 355. (a) The Federal Aviation Administra5 tion Technical Center located at the Atlantic City Inter6 national Airport in Pomona, New Jersey, shall be known

7 and designated as the ‘‘William J. Hughes Technical Cen8 ter’’.

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

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

11 Aviation Administration Technical Center referred to in

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

13 J. Hughes Technical Center’’.

14 Ω180æSEC. 356. None of the funds in this Act may

15 be used to close any multi-mission small boat stations or

16 subunits: Provided, That the Secretary may implement any

17 management efficiencies within the small boat unit system,

18 such as modifying the operational posture of units or reallo19 cating resources as necessary to ensure the safety of the mar20 itime public nationwide, provided that no stations or

21 subunits may be closed.

22 Ω181æSEC. 357. Notwithstanding any other provision

23 of law, of the $29,596,000 available for obligation author24 ized by item 21 of the table in section 1105(f) of the Inter25 modal Surface Transportation Efficiency Act of 1991 (Pub-
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1 lic Law 102–240; 105 Stat. 2038), $6,000,000 shall be made

2 available for obligation to carry out surface transportation

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

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

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

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

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

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

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

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

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

12 Ouachita River.

13 Ω182æSEC. 358. TRANSFER OF CERTAIN FEDERAL

14 PROPERTY IN NEW JERSEY.—The first section of the Act

15 entitled ‘‘An Act transferring certain Federal property to

16 the city of Hoboken, New Jersey’’, approved September 27,

17 1982 (Public Law 97–268, 96 Stat. 1140), is amended—

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

19 end, and

20 (2) by striking ‘‘Stat. 220), and’’ in subsection

21 (b) and all that follows through ‘‘New Jersey; concur22 rent with’’ and inserting the following: ‘‘Stat. 220);

23 concurrent with’’.

24 Ω183æSEC. 359. ENERGY SAVINGS AT FEDERAL FA25 CILITIES.
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1 (a) REDUCTION IN FACILITIES ENERGY COSTS.—The

2 head of each agency for which funds are made available

3 under this Act shall take all actions necessary to achieve

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

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

6 by the agency.

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

8 amount of cost savings realized by an agency under sub9 section (a) shall remain available for obligation through the

10 end of fiscal year 1997, without further authorization or

11 appropriation, as follows:

12 (1) CONSERVATION MEASURES.—Fifty percent of

13 the amount shall remain available for the implemen14 tation of additional energy conservation measures

15 and for water conservation measures at such facilities

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

17 the agency.

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

19 amount shall remain available for use by the agency

20 for such purposes as are designated by the head of the

21 agency, consistent with applicable law.

22 (c) REPORT.—

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

24 1996, the head of each agency described in subsection

25 (a) shall submit a report to Congress specifying the
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1 results of the actions taken under subsection (a) and

2 providing any recommendations concerning how to

3 further reduce energy costs and energy consumption

4 in the future.

5 (2) CONTENTS.—Each report shall—

6 (A) specify the total energy costs of the fa7 cilities used by the agency;

8 (B) identify the reductions achieved; and

9 (C) specify the actions that resulted in the

10 reductions.

11 Ω184æSEC. 360. STUDY OF AIR FARES.

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

13 following definitions shall apply:

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

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

16 for distance traveled by a passenger.

17 (2) AIR CARRIER.—The term—

18 (A) ‘‘air carrier’’ has the same meaning as

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

20 Code; and

21 (B) the terms ‘‘regional commuter air car22 rier’’, and ‘‘major air carrier’’ shall have the

23 meanings provided those terms by the Secretary.
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1 (3) AIRPORT.—The term ‘‘airport’’ has the same

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

3 States Code.

4 (4) COMMERCIAL AIR CARRIER.—The term ‘‘com5 mercial air carrier’’ means an air carrier that pro6 vides air transportation for commercial purposes (as

7 determined by the Secretary).

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

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

10 49, United States Code.

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

12 airport’’—

13 (A) shall have the meaning provided that

14 term by the Secretary; and

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

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

17 title 49, United States Code).

18 (7) NONHUB AIRPORT.—The term ‘‘nonhub air19 port’’ has the same meaning as in section 41731(a)(4)

20 of title 49, United States Code.

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

22 the Secretary of Transportation.

23 (b) STUDY OF AIR FARES.—

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

25 study to—
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1 (A) compare air fares paid (calculated as

2 both actual and adjusted air fares) for air trans3 portation on flights conducted by commercial air

4 carriers—

5 (i) between—

6 (I) nonhub airports located in

7 small communities; and

8 (II) large hub airports; and

9 (ii) between large hub airports; and

10 (B) analyze—

11 (i) the extent to which passenger serv12 ice that is provided from nonhub airports is

13 provided on—

14 (I) regional commuter commercial

15 air carriers; or

16 (II) major air carriers;

17 (ii) the type of aircraft employed in

18 providing passenger service at nonhub air19 ports; and

20 (iii) whether there is competition

21 among commercial air carriers with respect

22 to the provision of air service to passengers

23 from nonhub airports.
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1 (2) FINDINGS.—The Secretary shall include in

2 the study conducted under this subsection findings

3 made by the Secretary concerning—

4 (A) whether passengers who use commercial

5 air carriers to and from rural areas (as defined

6 by the Secretary) pay a disproportionately

7 greater price for that transportation than do

8 passengers who use commercial air carriers be9 tween urban areas (as defined by the Secretary);

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

11 rural markets (as defined by the Secretary) for

12 commercial air carriers;

13 (C) whether a relationship exists between

14 higher air fares and competition among commer15 cial air carriers for passengers travelling on jet

16 aircraft from small communities (as defined by

17 the Secretary) and, if such relationship exists,

18 the nature of that relationship;

19 (D) the number of small communities that

20 have lost air service as a result of the deregula21 tion of commercial air carriers with respect to

22 air fares;

23 (E) the number of small communities served

24 by airports with respect to which, after the date

25 on which the deregulation referred to in subpara-
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1 graph (D) occurred, jet air service was replaced

2 by turbo prop air service; and

3 (F) with respect to the replacement in serv4 ice referred to in subparagraph (E), any cor5 responding decreases in available seat capacity

6 for consumers at the airports referred to in that

7 subparagraph.

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

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

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

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

12 the Committee on Commerce, Science, and Transportation

13 of the Senate.

14 Ω185æSEC. 361. THE RAILROAD SAFETY INSTITUTE.

15 Of the money appropriated to the United States De16 partment of Transportation for Transportation Planning,

17 Research and Development, $1,000,000 shall be made avail18 able to establish and operate the Institute for Railroad Safe19 ty as authorized by the Swift Rail Development Act of 1994.

20 Ω186æSEC. 362. SENSE OF SENATE REGARDING UNIT21 ED STATES/JAPAN AVIATION DISPUTE.

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

23 (1) the Governments of the United States and

24 Japan entered into a bilateral aviation agreement in

25 1952 that has been modified periodically to reflect
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1 changes in the aviation relationship between the two

2 countries;

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

4 and freight traffic for United States air carriers be5 tween the United States and Japan was approxi6 mately $6,000,000,000;

7 (3) the United States/Japan bilateral aviation

8 agreement guarantees three United States carriers

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

10 Japan, take on additional passengers and cargo, and

11 then fly to another country;

12 (4) the United States/Japan bilateral aviation

13 agreement requires that, within 45 days of filing a

14 notice with the Government of Japan, the Government

15 of Japan must authorize United States air carriers to

16 serve routes guaranteed by their ‘‘beyond rights’’;

17 (5) United States air carriers have made sub18 stantial economic investment in reliance upon the ex19 pectation their rights under the United States/Japan

20 bilateral aviation agreement would be honored by the

21 Government of Japan;

22 (6) the Government of Japan has violated the

23 United States/Japan bilateral aviation agreement by

24 preventing United States air carriers from serving
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1 routes clearly authorized by their ‘‘beyond rights’’;

2 and

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

4 respect the terms of the United States/Japan bilateral

5 aviation agreement is having severe repercussions on

6 United States air carriers and, in general, customers

7 of these United States air carriers.

8 (b) ACTION REQUESTED.—The Congress—

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

10 and abide by the terms of the United States/Japan bi11 lateral aviation agreement and immediately authorize

12 United States air cargo and passenger carriers which

13 have pending route requests relating to their ‘‘beyond

14 rights’’ to immediately commence service on the re15 quested routes;

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

17 to identify strong and appropriate forms of counter18 measures that could be taken against the Government

19 of Japan for its egregious violation of the United

20 States/Japan bilateral aviation agreement; and

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

22 to promptly impose against the Government of Japan

23 whatever countermeasures are necessary and appro24 priate to ensure the Government of Japan abides by
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1 the terms of the United States/Japan bilateral avia2 tion agreement.

3 Ω187æSEC. 363. The Secretary of Transportation is

4 hereby authorized and directed to enter into an agreement

5 modifying the agreement entered into pursuant to Section

6 339 of the Department of Transportation and Related Agen7 cies Appropriations Act, 1993 (Public Law 102–388) to

8 conform such agreement to the provisions of Section 336

9 of the Department of Transportation and Related Agencies

10 Appropriations Act, 1995 (Public Law 103–331). Nothing

11 in this section changes the amount of the previous appro12 priation in section 339, and the line of credit provided for

13 shall not exceed an amount supported by the previous ap14 propriation. In implementing either Section 339 or Section

15 336, the Secretary may enter into an agreement requiring

16 an interest rate that is higher than that specified therein.

17 Ω188æSEC. 364. ELIMINATION OF CERTAIN HIGHWAY

18 SAFETY ADVISORY COMMITTEES.

19 (a) NATIONAL HIGHWAY SAFETY ADVISORY COMMIT20 TEE.—

21 (1) IN GENERAL.—Section 404 of title 23, Unit22 ed States Code, is repealed.

23 (2) CONFORMING AMENDMENT.—The analysis for

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

25 by striking the item relating to section 404.
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1 (b) COMMERCIAL MOTOR VEHICLE SAFETY REGU2 LATORY REVIEW PANEL.—

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

4 United States Code, is repealed.

5 (2) CONFORMING AMENDMENTS.—

6 (A) The analysis for subchapter III of chap7 ter 311 of title 49, United States Code, is amend8 ed by striking the item relating to section 31134.

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

10 Code, is amended—

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

12 the Commercial Motor Vehicle Safety Regu13 latory Review Panel’’; and

14 (ii) in subsection (b)—

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

16 ‘‘the Panel or’’; and

17 (II) by striking ‘‘the Panel’’ each

18 place it appears and inserting ‘‘the

19 Secretary’’.

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

21 Code, is amended—

22 (i) by striking subsection (b) and in23 serting the following:

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

25 Secretary annually shall analyze State laws and regula-
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1 tions and decide which of the laws and regulations are re2 lated to commercial motor vehicle safety.’’; and

3 (ii) in subsection (c)—

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

5 ‘‘The Secretary’’ and all that follows

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

7 later than 18 months after the date on

8 which the Secretary makes a decision

9 under subsection (b) that a State law

10 or regulation is related to commercial

11 motor vehicle safety or 18 months after

12 the date on which the Secretary pre13 scribes a regulation under section

14 31136, whichever is later, the Secretary

15 shall—’’; and

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

17 ‘‘(5)(A) In’’ and all that follows

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

19 In’’.

20 Ω189æSEC. 365. DELAY OF RESTRICTION ON AVAIL21 ABILITY OF CERTAIN HIGHWAY FUNDS; NATIONAL

22 HIGHWAY SYSTEM DESIGNATION.

23 (a) DELAY OF RESTRICTION ON AVAILABILITY OF CER24 TAIN HIGHWAY FUNDS.—Section 103(b) of title 23, United
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1 States Code, is amended in paragraph (3)(B), by striking

2 ‘‘1995’’ and inserting ‘‘1997’’.

3 (b) NATIONAL HIGHWAY SYSTEM DESIGNATION.—Sec4 tion 103 of title 23, United States Code, is amended by in5 serting after subsection (b) the following:

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

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

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

9 subsection) as submitted by the Secretary of Trans10 portation pursuant to this section is designated as the

11 National Highway System.

12 ‘‘(2) MODIFICATIONS.—

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

14 State, the Secretary may—

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

16 National Highway System, including a new

17 intermodal connection; or

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

19 on the date of the request and any connec20 tion to the route segment;

21 if the total mileage of the National Highway

22 System (including any route segment or connec23 tion proposed to be added under this subpara24 graph) does not exceed 165,000 miles (265,542

25 kilometers).
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1 ‘‘(B) PROCEDURES FOR CHANGES RE2 QUESTED BY STATES.—Each State that makes a

3 request for a change in the National Highway

4 System pursuant to subparagraph (A) shall es5 tablish that each change in a route segment or

6 connection referred to in the subparagraph has

7 been identified by the State, in cooperation with

8 local officials, pursuant to applicable transpor9 tation planning activities for metropolitan areas

10 carried out under section 134 and statewide

11 planning processes carried out under section 135.

12 ‘‘(3) APPROVAL BY THE SECRETARY.—The Sec13 retary may approve a request made by a State for a

14 change in the National Highway System pursuant to

15 paragraph (2) if the Secretary determines that the

16 change—

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

18 National Highway System under this title; and

19 ‘‘(B) enhances the national transportation

20 characteristics of the National Highway Sys21 tem.’’.
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1 Ω190æTITLE IV—PROVIDING FOR THE

2 ADOPTION OF MANDATORY STAND3 ARDS AND PROCEDURES GOVERNING

4 THE ACTIONS OF ARBITRATORS IN

5 THE ARBITRATION OF LABOR DIS6 PUTES INVOLVING TRANSIT AGENCIES

7 OPERATING IN THE NATIONAL CAP8 ITAL AREA

9 SECTION 401. SHORT TITLE.

10 This title may be cited as the ‘‘National Capital Area

11 Interest Arbitration Standards Act of 1995’’.

12 SEC. 402. FINDINGS AND PURPOSES.

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

14 (1) affordable public transportation is essential

15 to the economic vitality of the national capital area

16 and is an essential component of regional efforts to

17 improve air quality to meet environmental require18 ments and to improve the health of both residents

19 of and visitors to the national capital area as well

20 as to preserve the beauty and dignity of the Nation’s

21 capital;

22 (2) use of mass transit by both residents of and

23 visitors to the national capital area is substantially

24 affected by the prices charged for such mass transit

25 services, prices that are substantially affected by
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labor costs, since more than 2 1 ⁄3 of operating costs

2 are attributable to labor costs;

3 (3) labor costs incurred in providing mass tran4 sit in the national capital area have increased at an

5 alarming rate and wages and benefits of operators

6 and mechanics currently are among the highest in

7 the Nation;

8 (4) higher operating costs incurred for public

9 transit in the national capital area cannot be offset

10 by increasing costs to patrons, since this often dis11 courages ridership and thus undermines the public

12 interest in promoting the use of public transit;

13 (5) spiraling labor costs cannot be offset by the

14 governmental entities that are responsible for sub15 sidy payments for public transit services since local

16 governments generally, and the District of Columbia

17 government in particular, are operating under severe

18 fiscal constraints;

19 (6) imposition of mandatory standards applica20 ble to arbitrators resolving arbitration disputes in21 volving interstate compact agencies operating in the

22 national capital area will ensure that wage increases

23 are justified and do not exceed the ability of transit

24 patrons and taxpayers to fund the increase; and
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1 (7) Federal legislation is necessary under Arti2 cle I of section 8 of the United States Constitution

3 to balance the need to moderate and lower labor

4 costs while maintaining industrial peace.

5 (b) PURPOSE.—It is therefore the purpose of this Act

6 to adopt standards governing arbitration which must be

7 applied by arbitrators resolving disputes involving inter8 state compact agencies operating in the national capital

9 area in order to lower operating costs for public transpor10 tation in the Washington metropolitan area.

11 SEC. 403. DEFINITIONS.

12 As used in this Title—

13 (1) the term ‘‘arbitration’’ means—

14 (A) the arbitration of disputes, regarding

15 the terms and conditions of employment, that is

16 required under an interstate compact governing

17 an interstate compact agency operating in the

18 national capital area; and

19 (B) does not include the interpretation and

20 application of rights arising from an existing

21 collective bargaining agreement;

22 (2) the term ‘‘arbitrator’’ refers to either a sin23 gle arbitrator, or a board of arbitrators, chosen

24 under applicable procedures;
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1 (3) an interstate compact agency’s ‘‘funding

2 ability’’ is the ability of the interstate compact agen3 cy, or of any governmental jurisdiction which pro4 vides subsidy payments or budgetary assistance to

5 the interstate compact agency, to obtain the nec6 essary financial resources to pay for wage and bene7 fit increases for employees of the interstate compact

8 agency;

9 (4) the term ‘‘interstate compact agency operat10 ing in the national capital area’’ means any inter11 state compact agency which provides public transit

12 services;

13 (5) the term ‘‘interstate compact agency’’

14 means any agency established by an interstate com15 pact to which the District of Columbia is a signa16 tory; and

17 (6) the term ‘‘public welfare’’ includes, with re18 spect to arbitration under an interstate compact—

19 (A) the financial ability of the individual

20 jurisdictions participating in the compact to pay

21 for the costs of providing public transit services;

22 and

23 (B) the average per capita tax burden,

24 during the term of the collective bargaining

25 agreement to which the arbitration relates, of
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1 the residents of the Washington, D.C. metro2 politan area, and the effect of an arbitration

3 award rendered pursuant to such arbitration on

4 the respective income or property tax rates of

5 the jurisdictions which provide subsidy pay6 ments to the interstate compact agency estab7 lished under the compact.

8 SEC. 404. STANDARDS FOR ARBITRATORS.

9 (a) FACTORS IN MAKING ARBITRATION AWARD.—An

10 arbitrator rendering an arbitration award involving the

11 employees of an interstate compact agency operating in

12 the national capital area may not make a finding or a deci13 sion for inclusion in a collective bargaining agreement gov14 erning conditions of employment without considering the

15 following factors:

16 (1) The existing terms and conditions of em17 ployment of the employees in the bargaining unit.

18 (2) All available financial resources of the inter19 state compact agency.

20 (3) The annual increase or decrease in

21 consumer prices for goods and services as reflected

22 in the most recent consumer price index for the

23 Washington, D.C. metropolitan area, published by

24 the Bureau of Labor Statistics of the United States

25 Department of Labor.
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1 (4) The wages, benefits, and terms and condi2 tions of the employment of other employees who per3 form, in other jurisdictions in the Washington, D.C.

4 standard metropolitan statistical area, services simi5 lar to those in the bargaining unit.

6 (5) The special nature of the work performed

7 by the employees in the bargaining unit, including

8 any hazards or the relative ease of employment,

9 physical requirements, educational qualifications, job

10 training and skills, shift assignments, and the de11 mands placed upon the employees as compared to

12 other employees of the interstate compact agency.

13 (6) The interests and welfare of the employees

14 in the bargaining unit, including—

15 (A) the overall compensation presently re16 ceived by the employees, having regard not only

17 for wage rates but also for wages for time not

18 worked, including vacations, holidays, and other

19 excused absences;

20 (B) all benefits received by the employees,

21 including previous bonuses, insurance, and pen22 sions; and

23 (C) the continuity and stability of employ24 ment.

25 (7) The public welfare.
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1 (b) COMPACT AGENCY’S FUNDING ABILITY.—An ar2 bitrator rendering an arbitration award involving the em3 ployees of an interstate compact agency operating in the

4 national capital area may not, with respect to a collective

5 bargaining agreement governing conditions of employ6 ment, provide for salaries and other benefits that exceed

7 the interstate compact agency’s funding ability.

8 (c) REQUIREMENTS FOR FINAL AWARD.—In resolv9 ing a dispute submitted to arbitration involving the em10 ployees of an interstate compact agency operating in the

11 national capital area, the arbitrator shall issue a written

12 award that demonstrates that all the factors set forth in

13 subsections (a) and (b) have been considered and applied.

14 An award may grant an increase in pay rates or benefits

15 (including insurance and pension benefits), or reduce

16 hours of work, only if the arbitrator concludes that any

17 costs to the agency do not adversely affect the public wel18 fare. The arbitrator’s conclusion regarding the public wel19 fare must be supported by substantial evidence.

20 SEC. 405. PROCEDURES FOR ENFORCEMENT OF AWARDS.

21 (a) MODIFICATIONS AND FINALITY OF AWARD.—In

22 the case of an arbitration award to which section 404 ap23 plies, the interstate compact agency and the employees in

24 the bargaining unit, through their representative, may

25 agree in writing upon any modifications to the award with-
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1 in 10 days after the award is received by the parties. After

2 the end of that 10-day period, the award, with any such

3 modifications, shall become binding upon the interstate

4 compact agency, the employees in the bargaining unit, and

5 the employees’ representative.

6 (b) IMPLEMENTATION.—Each party to an award that

7 becomes binding under subsection (a) shall take all actions

8 necessary to implement the award.

9 (c) JUDICIAL REVIEW.—Within 60 days after an

10 award becomes binding under subsection (a), the inter11 state compact agency or the exclusive representative of the

12 employees concerned may file a civil action in a court

13 which has jurisdiction over the interstate compact agency

14 for review of the award. The court shall review the award

15 on the record, and shall vacate the award or any part of

16 the award, after notice and a hearing, if—

17 (1) the award is in violation of applicable law;

18 (2) the arbitrator exceeded the arbitrator’s pow19 ers;

20 (3) the decision by the arbitrator is arbitrary or

21 capricious;

22 (4) the arbitrator conducted the hearing con23 trary to the provisions of this title or other statutes

24 or rules that apply to the arbitration so as to sub25 stantially prejudice the rights of a party;
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1 (5) there was partiality or misconduct by the

2 arbitrator prejudicing the rights of a party;

3 (6) the award was procured by corruption,

4 fraud, or bias on the part of the arbitrator; or

5 (7) the arbitrator did not comply with the pro6 visions of section 404.

7 Ω191æTITLE V

8 ADDITIONAL GENERAL PROVISIONS

9 SEC. 501. None of the funds made available in this

10 Act may be used for improvements to the Miller Highway

11 in New York City, New York.

12 This Act may be cited as the ‘‘Department of Trans13 portation and Related Agencies Appropriations Act,

14 1996’’.

Passed the House of Representatives July 25, 1995.

Attest: ROBIN H. CARLE,

Clerk.

Passed the Senate August 10 (legislative day, July

10), 1995.

Attest: SHEILA P. BURKE,

Secretary.

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