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(ii) the type of aircraft employed in
providing passenger service at nonhub air-
ports; and
(iii) whether there is competition
among commercial air carriers with respect
to the provision of air service to passengers
from nonhub airports.
(2) FINDINGS.—The Secretary shall include in
the study conducted under this subsection findings
made by the Secretary concerning—
(A) whether passengers who use commercial
air carriers to and from rural areas (as defined
by the Secretary) pay a disproportionately
greater price for that transportation than do
passengers who use commercial air carriers be-
tween urban areas (as defined by the Secretary);
(B) the nature of competition, if any in
rural markets (as defined by the Secretary) for
commercial air carriers;
(C) whether a relationship exists between
higher air fares and competition among commer-
cial air carriers for passengers travelling on jet
aircraft from small communities (as defined by
the Secretary) and, if such relationship exists,
the nature of that relationship;
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(D) the number of small communities that
have lost air service as a result of the deregula-
tion of commercial air carriers with respect to
air fares;
(E) the number of small communities served
by airports with respect to which, after the date
on which the deregulation referred to in subpara-
graph (D) occurred, jet air service was replaced
by turbo prop air service; and
(F) with respect to the replacement in serv-
ice referred to in subparagraph (E), any cor-
responding decreases in available seat capacity
for consumers at the airports referred to in that
subparagraph.
(c) REPORT.—Upon completion of the study conducted
under subsection (b), but not later than 60 days after the
date of enactment of this Act, the Secretary shall submit
a report on the study and the findings of the Secretary to
the Committee on Commerce, Science, and Transportation
of the Senate.
Ω185æPage 54, after line 17, insert:
SEC. 361. THE RAILROAD SAFETY INSTITUTE.
Of the money appropriated to the United States De-
partment of Transportation for Transportation Planning,
Research and Development, $1,000,000 shall be made avail-
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able to establish and operate the Institute for Railroad Safe-
ty as authorized by the Swift Rail Development Act of 1994.
Ω186æPage 54, after line 17, insert:
SEC. 362. SENSE OF SENATE REGARDING UNITED STATES/
JAPAN AVIATION DISPUTE.
(a) FINDINGS.—The Congress finds that—
(1) the Governments of the United States and
Japan entered into a bilateral aviation agreement in
1952 that has been modified periodically to reflect
changes in the aviation relationship between the two
countries;
(2) in 1994 the total revenue value of passenger
and freight traffic for United States air carriers be-
tween the United States and Japan was approxi-
mately $6,000,000,000;
(3) the United States/Japan bilateral aviation
agreement guarantees three United States carriers
‘‘beyond rights’’ that authorize them to fly into
Japan, take on additional passengers and cargo, and
then fly to another country;
(4) the United States/Japan bilateral aviation
agreement requires that, within 45 days of filing a
notice with the Government of Japan, the Government
of Japan must authorize United States air carriers to
serve routes guaranteed by their ‘‘beyond rights’’;
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(5) United States air carriers have made sub-
stantial economic investment in reliance upon the ex-
pectation their rights under the United States/Japan
bilateral aviation agreement would be honored by the
Government of Japan;
(6) the Government of Japan has violated the
United States/Japan bilateral aviation agreement by
preventing United States air carriers from serving
routes clearly authorized by their ‘‘beyond rights’’;
and
(7) the refusal by the Government of Japan to
respect the terms of the United States/Japan bilateral
aviation agreement is having severe repercussions on
United States air carriers and, in general, customers
of these United States air carriers.
(b) ACTION REQUESTED.—The Congress—
(1) calls upon the Government of Japan to honor
and abide by the terms of the United States/Japan bi-
lateral aviation agreement and immediately authorize
United States air cargo and passenger carriers which
have pending route requests relating to their ‘‘beyond
rights’’ to immediately commence service on the re-
quested routes;
(2) calls upon the President of the United States
to identify strong and appropriate forms of counter-
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measures that could be taken against the Government
of Japan for its egregious violation of the United
States/Japan bilateral aviation agreement; and
(3) calls upon the President of the United States
to promptly impose against the Government of Japan
whatever countermeasures are necessary and appro-
priate to ensure the Government of Japan abides by
the terms of the United States/Japan bilateral avia-
tion agreement.
Ω187æPage 54, after line 17, insert:
SEC. 363. The Secretary of Transportation is hereby
authorized and directed to enter into an agreement modify-
ing the agreement entered into pursuant to Section 339 of
the Department of Transportation and Related Agencies
Appropriations Act, 1993 (Public Law 102–388) to conform
such agreement to the provisions of Section 336 of the De-
partment of Transportation and Related Agencies Appro-
priations Act, 1995 (Public Law 103–331). Nothing in this
section changes the amount of the previous appropriation
in section 339, and the line of credit provided for shall not
exceed an amount supported by the previous appropriation.
In implementing either Section 339 or Section 336, the Sec-
retary may enter into an agreement requiring an interest
rate that is higher than that specified therein.
Ω188æPage 54, after line 17, insert:
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SEC. 364. ELIMINATION OF CERTAIN HIGHWAY SAFETY AD-
VISORY COMMITTEES.
(a) NATIONAL HIGHWAY SAFETY ADVISORY COMMIT-
TEE.—
(1) IN GENERAL.—Section 404 of title 23, Unit-
ed States Code, is repealed.
(2) CONFORMING AMENDMENT.—The analysis for
chapter 4 of title 23, United States Code, is amended
by striking the item relating to section 404.
(b) COMMERCIAL MOTOR VEHICLE SAFETY REGU-
LATORY REVIEW PANEL.—
(1) IN
GENERAL.—Section 31134 of title 49,
United States Code, is repealed.
(2) CONFORMING AMENDMENTS.—
(A) The analysis for subchapter III of chap-
ter 311 of title 49, United States Code, is amend-
ed by striking the item relating to section 31134.
(B) Section 31140 of title 49, United States
Code, is amended—
(i) in subsection (a), by striking ‘‘and
the Commercial Motor Vehicle Safety Regu-
latory Review Panel’’; and
(ii) in subsection (b)—
(I) in paragraph (2), by striking
‘‘the Panel or’’; and
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(II) by striking ‘‘the Panel’’ each
place it appears and inserting ‘‘the
Secretary’’.
(C) Section 31141 of title 49, United States
Code, is amended—
(i) by striking subsection (b) and in-
serting the following:
‘‘(b) ANNUAL ANALYSIS BY THE SECRETARY.—The
Secretary annually shall analyze State laws and regula-
tions and decide which of the laws and regulations are re-
lated to commercial motor vehicle safety.’’; and
(ii) in subsection (c)—
(I) in paragraph (1), by striking
‘‘The Secretary’’ and all that follows
through ‘‘shall—’’ and inserting ‘‘Not
later than 18 months after the date on
which the Secretary makes a decision
under subsection (b) that a State law
or regulation is related to commercial
motor vehicle safety or 18 months after
the date on which the Secretary pre-
scribes a regulation under section
31136, whichever is later, the Secretary
shall—’’; and
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(II) in paragraph (5), by striking
‘‘(5)(A) In’’ and all that follows
through ‘‘(B) In’’ and inserting ‘‘(5)
In’’.
Ω189æPage 54, after line 17, insert:
SEC. 365. DELAY OF RESTRICTION ON AVAILABILITY OF
CERTAIN HIGHWAY FUNDS; NATIONAL HIGH-
WAY SYSTEM DESIGNATION.
(a) DELAY OF RESTRICTION ON AVAILABILITY OF CER-
TAIN HIGHWAY FUNDS.—Section 103(b) of title 23, United
States Code, is amended in paragraph (3)(B), by striking
‘‘1995’’ and inserting ‘‘1997’’.
(b) NATIONAL HIGHWAY SYSTEM DESIGNATION.—Sec-
tion 103 of title 23, United States Code, is amended by in-
serting after subsection (b) the following:
‘‘(c) NATIONAL HIGHWAY SYSTEM DESIGNATION.—
‘‘(1) DESIGNATION.—The most recent National
Highway System (as of the date of enactment of this
subsection) as submitted by the Secretary of Trans-
portation pursuant to this section is designated as the
National Highway System.
‘‘(2) MODIFICATIONS.—
‘‘(A) IN
GENERAL.—At the request of a
State, the Secretary may—
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‘‘(i) add a new route segment to the
National Highway System, including a new
intermodal connection; or
‘‘(ii) delete a route segment in existence
on the date of the request and any connec-
tion to the route segment;
if the total mileage of the National Highway
System (including any route segment or connec-
tion proposed to be added under this subpara-
graph) does not exceed 165,000 miles (265,542
kilometers).
‘‘(B) PROCEDURES
FOR
CHANGES
RE-
QUESTED BY STATES.—Each State that makes a
request for a change in the National Highway
System pursuant to subparagraph (A) shall es-
tablish that each change in a route segment or
connection referred to in the subparagraph has
been identified by the State, in cooperation with
local officials, pursuant to applicable transpor-
tation planning activities for metropolitan areas
carried out under section 134 and statewide
planning processes carried out under section 135.
‘‘(3) APPROVAL BY THE SECRETARY.—The Sec-
retary may approve a request made by a State for a
change in the National Highway System pursuant to
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paragraph (2) if the Secretary determines that the
change—
‘‘(A) meets the criteria established for the
National Highway System under this title; and
‘‘(B) enhances the national transportation
characteristics of the National Highway Sys-
tem.’’.
Ω190æPage 55, strike out line 1 and all that follows over
to and including line 6 on page 63
Ω191æPage 63, strike out lines 7 through 11
Attest:
Secretary.
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