In the Senate of the United States,
August 10 (legislative day, July 10), 1995.
Resolved, That the bill from the House of Representa-
tives (H.R. 2002) entitled ‘‘An Act making appropriations for
the Department of Transportation and related agencies for
the fiscal year ending September 30, 1996, and for other pur-
poses’’, do pass with the following
AMENDMENTS:
Ω1æPage 2, line 11, strike out ø$55,011,500¿ and insert:
$56,500,000
Ω2æPage 2, line 11, strike out ø$40,000¿ and insert:
$60,000
Ω3æPage 2, line 20, strike out øduplicate physical copies¿
and insert: custody
Ω4æPage 2, line 23, strike out øor open them¿ and insert:
and open
HR 2002 EAS
Ω5æPage 3, line 3, strike out ø$6,554,000¿ and insert:
$12,083,000
Ω6æPage 3, line 10, strike out ø$3,309,000¿ and insert:
$9,710,000
Ω7æPage 3, line 16, strike out ø$102,231,000¿ and insert:
$104,364,000
Ω8æPage 4, line 1, strike out ø$15,000,000¿ and insert:
$26,738,536
Ω9æPage 4, line 5, strike out ø$15,000,000¿ and insert:
$26,738,536
Ω10æPage 4, line 18, strike out øseventy¿ and insert: sev-
enty-five
Ω11æPage 4, line 19, after ‘‘dium’’ insert: or small
Ω12æPage 4, line 19, after ‘‘airport,’’ insert: except for any
such community in which is located an airline maintenance
facility performing required Federal Aviation Regulation
heavy engine heavy structural airframe maintenance work
in accordance with Part 135.411(a)(2),
Ω13æPage 4, line 21, strike out øand ten¿
Ω14æPage 4, line 24, strike out ø$23,600,000¿ and insert:
$11,861,464
HR 2002 EAS
Ω23æPage 8, line 3, strike out all after ‘‘Fund’’ down to
and including ‘‘Account’’ in line 4
Ω24æPage 8, line 18, strike out all after ‘‘12839’’ down
to and including ‘‘activities’’ in line 21
Ω25æPage 9, line 2, strike out ø$375,175,000¿ and insert:
$366,800,000
Ω26æPage 9, line 4, strike out ø$191,200,000¿ and insert:
$178,000,000
Ω27æPage 9, line 7, strike out ø$16,500,000¿ and insert:
$14,500,000
Ω28æPage 9, line 9, strike out ø$42,200,000¿ and insert:
$47,600,000
Ω29æPage 9, line 11, strike out ø$82,275,000¿ and insert:
$80,200,000
Ω30æPage 9, line 13, strike out ø$43,000,000¿ and insert:
$46,500,000
Ω31æPage 9, line 19, strike out all after ‘‘pacity’’ over to
and including ‘‘plans’’ in line 2 on page 10
Ω32æPage 10, line 2, after ‘‘plans’’ insert: : Provided fur-
ther, That the Commandant shall dispose of surplus real
HR 2002 EAS
property by sale or lease and the proceeds of such sale or
lease shall be credited to this appropriation
Ω33æPage 10, after line 7 insert:
PORT SAFETY DEVELOPMENT
For necessary expenses for debt retirement of the Port
of Portland, Oregon, $15,000,000 to remain available until
expended.
Ω34æPage 10, line 10, strike out ø$16,000,000¿ and in-
sert: $2,000,000
Ω35æPage 10, line 24, strike out ø$61,859,000¿ and in-
sert: $62,000,000
Ω36æPage 11, line 6, strike out ø$18,500,000¿ and insert:
$20,000,000
Ω37æPage 11, strike out lines 13 through 18
Ω38æPage 11, strike out all after line 18, over to and in-
cluding line 2 on page 12
Ω39æPage 12, after line 4 insert:
(INCLUDING TRANSFER OF FUNDS)
Ω40æPage 12, line 16, strike out ø$4,600,000,000¿ and
insert: $4,550,000,000
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Ω41æPage 12, line 16, strike out ø$1,871,500,000¿ and
insert: $1,865,000,000
Ω42æPage 12, line 21, strike out øaviation¿ and insert:
agency
Ω43æPage 12, line 22, after ‘‘including’’ insert: receipts
for
Ω44æPage 13, line 1, after ‘‘forms’’ insert: and in addition
$10,000,000, to be credited to this appropriation from fees
established and collected to cover the cost of safety and secu-
rity regulation under the jurisdiction of the Federal Avia-
tion Administration
Ω45æPage 13, line 11, after ‘‘pay’’ insert: : Provided fur-
ther, That none of the funds appropriated in this or any
subsequent Act may be used to pay premium pay under
5 U.S.C. 5546a for any fiscal year beginning after Septem-
ber 30, 1995; except that, (i) for fiscal year 1996, such pre-
mium pay may be paid at 50 percent of the rate specified
in 5 U.S.C. 5546a; and (ii) for fiscal year 1997, such pre-
mium pay may be paid at 25 percent of the rate specified
in 5 U.S.C. 5546a
Ω46æPage 13, line 11, after ‘‘pay’’ insert: : Provided fur-
ther, That the unexpended balances of the appropriation
‘‘Office of Commercial Space Transportation, Operations
HR 2002 EAS
and Research’’ shall be transferred to and merged with this
appropriation: Provided further, That none of the funds de-
rived from the Airport and Airway Trust Fund may be
used to support the operations and activities of the Associ-
ate Administrator for Commercial Space Transportation
Ω47æPage 14, line 3, strike out ø$2,000,000,000¿ and in-
sert: $1,890,377,000
Ω48æPage 14, line 4, strike out ø$1,784,000,000¿ and in-
sert: $1,674,377,000
Ω49æPage 14, line 5, strike out øand¿
Ω50æPage 14, line 6, after ‘‘1996’’ insert: , and of which
$10,000,000, to remain available until expended, is for
funding noncompetitive cooperative agreements with air
carriers to assist them in acquiring and installing the fol-
lowing advanced security equipment: (1) hardened unit
load devices, (2) explosive detection systems certified by the
Federal Aviation Administration, and (3) computer-aided
screener training and proficiency systems, in order to
evaluate such equipment’s operational feasibility and effec-
tiveness in improving civil aviation security)
Ω51æPage 14, line 15, strike out ø$60,000,000¿ and in-
sert: $70,000,000
HR 2002 EAS
Ω52æPage 14, line 22, strike out ø$143,000,000¿ and in-
sert: $215,886,000
Ω53æPage 15, after line 5, insert:
(INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)
Ω54æPage 15, line 16, strike out ø$1,600,000,000¿ and
insert: $1,250,000,000
Ω55æPage 15, line 19, after ‘‘Code’’ insert: : Provided fur-
ther, That none of the funds in this Act shall be available
for the planning and execution of programs the obligations
for which are in excess of $20,000,000 for the ‘‘Military Air-
ports Program’’ and $50,000,000 for the ‘‘Reliever Airports
Program’’
Ω56æPage 15, line 19, after ‘‘Code’’ insert: : Provided fur-
ther, That of the available contract authority balances
under this account, $5,000,000 are rescinded
Ω57æPage 16, line 12, strike out ø$495,381,000¿ and in-
sert: $548,434,000
Ω58æPage 16, line 16, strike out ø$190,667,000¿ and in-
sert: $248,909,000
Ω59æPage 16, line 26, strike out ø$10,000,000¿ and in-
sert: $13,000,000
HR 2002 EAS
Ω60æPage 17, line 7, strike out ø$10,000,000¿ and insert:
$13,000,000
Ω61æPage 17, line 14, strike out ø$18,000,000,000¿ and
insert: $17,000,000,000
Ω62æPage 18, line 18, strike out ø$79,150,000¿ and in-
sert: $75,000,000
Ω63æPage 18, after line 18, insert:
SURFACE TRANSPORTATION PROJECTS
For up to 80 percent, or as specified in authorizing
legislation, of the expenses necessary for certain highway
and surface transportation projects and parking facilities,
including feasibility and environmental studies, that ad-
vance methods of improving safety, reducing congestion, or
otherwise improving surface transportation, $39,500,000, to
remain available until expended.
Ω64æPage 18, line 26, strike out ø$73,316,570¿ and in-
sert: $71,261,000
Ω65æPage 18, line 26, strike out ø$37,825,850¿ and in-
sert: $36,770,676
Ω66æPage 19, line 1, strike out all after ‘‘1998’’ down to
and including ‘‘effect’’ in line 8
HR 2002 EAS
Ω67æPage 19, line 16, strike out ø$52,011,930¿ and in-
sert: $50,344,000
Ω68æPage 19, line 16, strike out ø$32,770,670¿ and in-
sert: $31,716,720
Ω69æPage 19, strike out lines 18 through 23
Ω70æPage 20, line 8, strike out ø$153,400,000¿ and in-
sert: $155,100,000
Ω71æPage 20, line 14, strike out ø$153,400,000¿ and in-
sert: $155,100,000
Ω72æPage 20, line 15, strike out ø$126,000,000¿ and in-
sert: $128,000,000
Ω73æPage 20, line 17, strike out ø$2,400,000¿ and insert:
$2,100,000
Ω74æPage 20, line 18, strike out all after ‘‘Register’’ ’’
down to and including ‘‘therein)’’ in line 20 and insert:
subject to authorization
Ω75æPage 20, line 22, strike out all after ‘‘programs’’ ’’
over to and including ‘‘usage’’ in line 1 on page 21
Ω76æPage 21, line 2, strike out ø$5,153,000¿ and insert:
$5,211,000
Ω77æPage 21, line 7, strike out ømay¿ and insert: shall
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Ω78æPage 21, line 9, strike out ø$890,000¿ and insert:
$777,000
Ω79æPage 21, line 15, strike out ø$14,000,000¿ and in-
sert: $14,018,000
Ω80æPage 22, line 17, strike out ø$49,940,660¿ and in-
sert: $49,105,000
Ω81æPage 22, line 21, strike out ø$21,000,000¿ and in-
sert: $25,775,000
Ω82æPage 23, line 3, strike out ø$100,000,000¿ and in-
sert: $130,000,000
Ω83æPage 24, line 3, strike out all after ‘‘Rail’’ down to
and including ‘‘expended’’ in line 4 and insert: studies, cor-
ridor planning, development, demonstration, and imple-
mentation, $20,000,000, to remain available until expended
Ω84æPage 24, line 4, after ‘‘expended’’ insert: : Provided,
That funds under this head may be made available for
grants to States for high speed rail corridor design, feasibil-
ity studies, environmental analyses and track and signal
improvements
Ω85æPage 24, after line 19, insert:
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ALASKA RAILROAD REHABILITATION
To enable the Secretary of Transportation to make
grants to the Alaska Railroad, $10,000,000 shall be for cap-
ital rehabilitation and improvements benefiting its pas-
senger operations.
Ω86æPage 24, after line 19, insert:
PENNSYLVANIA STATION REDEVELOPMENT PROJECT
For grants to the National Railroad Passenger Cor-
poration, $25,000,000, to remain available until expended,
for engineering, design and construction activities to enable
the James A. Farley Post Office in New York City to be
used as a train station and commercial center: Provided,
That the Secretary may retain from these funds such
amounts as the Secretary shall deem appropriate to under-
take the environmental and historic preservation analyses
associated with this project.
Ω87æPage 24, after line 19, insert:
RHODE ISLAND RAIL DEVELOPMENT
For the costs associated with construction of a third
track on the Northeast Corridor between Davisville and
Central Falls, Rhode Island, with sufficient clearance to ac-
commodate double stack freight cars, $2,000,000 to be
matched by the State of Rhode Island or its designee on
a dollar for dollar basis and to remain available until ex-
pended: Provided, That as a condition of accepting such
HR 2002 EAS
funds, the Providence and Worcester (P&W) Railroad shall
enter into an agreement with the Secretary to reimburse
Amtrak and/or the Federal Railroad Administration, on a
dollar for dollar basis, up to the first $7,000,000 in damages
resulting from the legal action initiated by the P&W Rail-
road under its existing contracts with Amtrak relating to
the provision of vertical clearances between Davisville and
Central Falls in excess of those required for present freight
operations.
Ω88æPage 24, line 24, strike out ø$628,000,000¿ and in-
sert: $605,000,000 to remain available until expended
Ω89æPage 24, line 25, strike out ø$336,000,000¿ and in-
sert: $305,000,000
Ω90æPage 25, line 1, strike out ø$62,000,000¿ and insert:
$100,000,000
Ω91æPage 25, line 2, strike out ø$230,000,000¿ and in-
sert: $200,000,000
Ω92æPage 25, line 3, strike out all after ‘‘Provided,’’ down
to and including ‘‘further,’’ in line 7
Ω93æPage 25, line 20, strike out ø$39,260,000¿ and in-
sert: $42,000,000
HR 2002 EAS
Administration, Discretionary Grants’’ for projects speci-
fied in that Act or identified in reports accompanying that
Act, not obligated by September 30, 1995, shall be made
available for new fixed guideway systems together with the
$666,000,000 made available for new fixed guideway sys-
tems under this Act, to be available as follows
Ω101æPage 27, line 20, strike out ø$17,500,000¿ and in-
sert: $22,620,000
Ω102æPage 27, strike out lines 22 through 25
Ω103æPage 28, strike out lines 1 through 5
Ω104æPage 28, line 8, strike out ø$2,500,000¿ and insert:
$3,500,000
Ω105æPage 28, line 9, strike out all after ‘‘project’’ down
to and including ‘‘therein)’’ in line 11
Ω106æPage 28, line 12, strike out ø$5,000,000¿ and in-
sert: $7,000,000
Ω107æPage 28, line 13, strike out all after ‘‘project’’ down
to and including ‘‘therein)’’ in line 15
Ω108æPage 28, line 17, strike out all after ‘‘project’’ down
to and including ‘‘therein)’’ in line 19
Ω109æPage 28, strike out lines 22 and 23
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Ω110æPage 28, line 24, strike out ø$125,000,000¿ and
insert: $45,000,000
Ω111æPage 29, strike out lines 1 and 2
Ω112æPage 29, line 3, strike out ø$10,000,000¿ and in-
sert: $15,000,000
Ω113æPage 29, line 5, strike out ø$3,000,000¿ and insert:
$22,630,000
Ω114æPage 29, line 8, strike out all after ‘‘project’’ down
to and including ‘‘therein)’’ in line 10
Ω115æPage 29, strike out lines 11 through 14
Ω116æPage 29, line 15, strike out ø$75,000,000¿ and in-
sert: $85,500,000
Ω117æPage 29, strike out lines 17 through 20
Ω118æPage 29, line 21, strike out ø$114,989,000¿ and
insert: $160,000,000
Ω119æPage 29, strike out all after line 22, over to and
including line 2 on page 30
Ω120æPage 30, line 5, strike out ø$85,500,000¿ and in-
sert: $130,140,000
Ω121æPage 30, strike out lines 7 and 8
HR 2002 EAS
Ω122æPage 30, line 9, strike out ø$10,000,000¿ and in-
sert: $13,000,000
Ω123æPage 30, line 11, strike out ø$5,000,000¿ and in-
sert: $14,519,000
Ω124æPage 30, line 12, strike out all after ‘‘project’’ down
to and including ‘‘costs’’ in line 14
Ω125æPage 30, line 15, strike out ø$10,000,000¿ and in-
sert: $22,620,000
Ω126æPage 30, line 15, strike out all after ‘‘BART’’ down
to and including ‘‘airport’’ in line 16 and insert: extension/
tasman corridor
Ω127æPage 30, strike out lines 17 through 20
Ω128æPage 30, strike out lines 21 through 24
Ω129æPage 31, strike out lines 1 through 4
Ω130æPage 31, line 6, strike out all after ‘‘project’’ down
to and including ‘‘therein)’’ in line 8
Ω131æPage 31, after line 8, insert:
$11,300,000 for the Burlington-Charlotte, Ver-
mont commuter rail project; and
Ω132æPage 31, after line 8, insert:
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$5,000,000 
for 
the 
Chicago 
central 
area
circulator.
Ω133æPage 31, line 14, strike out ø$2,000,000,000¿ and
insert: $1,700,000,000
Ω134æPage 31, line 21, strike out ø$200,000,000¿ and
insert: $170,000,000
Ω135æPage 32, line 6, after ‘‘year’’ insert: : Provided,
That, notwithstanding any other provision of law, no funds
made available to the Saint Lawrence Seaway Development
Corporation from the Harbor Maintenance Trust Fund
may be obligated for fiscal year 1996, if the Saint Lawrence
Seaway Development Corporation expends or obligates
funds from the financial reserve fund of the Corporation
for the design, development, or procurement of a global posi-
tion system vessel traffic service system during that fiscal
year: Provided further, That no funds made available to
the Saint Lawrence Seaway Development Corporation from
the Harbor Maintenance Trust Fund pursuant to this Act
may be used by the Corporation during fiscal year 1996
for those purposes
Ω136æPage 32, line 12, strike out ø$10,190,500¿ and in-
sert: $10,150,000
HR 2002 EAS
Ω137æPage 32, line 20, strike out ø$26,030,000¿ and in-
sert: $24,281,000
Ω138æPage 32, line 22, strike out all after ‘‘1998’’ over
to and including ‘‘expended’’ in line 1 on page 33
Ω139æPage 33, line 17, strike out ø$29,941,000¿ and in-
sert: $32,973,000
Ω140æPage 33, line 19, strike out ø$27,243,000¿ and in-
sert: $30,275,000
Ω141æPage 33, line 23, strike out ø$1,000,000¿ and in-
sert: $1,500,000
Ω142æPage 34, line 6, strike out ø$8,890,000¿ and insert:
$9,200,000
Ω143æPage 34, line 16, strike out ø$40,238,000¿ and in-
sert: $39,891,200
Ω144æPage 34, after line 16, insert:
BUREAU OF TRANSPORTATION STATISTICS
For expenses necessary to conduct activities related to
airline statistics, $2,200,000, of which $272,000 shall re-
main available until expended.
Ω145æPage 34, line 25, strike out ø$3,656,000¿ and in-
sert: $3,500,000
HR 2002 EAS
Ω146æPage 35, line 12, strike out ø$38,774,000¿ and in-
sert: $37,500,000
Ω147æPage 35, line 22, strike out ø$160,802¿ and insert:
$360,802
Ω148æPage 36, strike out lines 2 through 12 and insert:
SALARIES AND EXPENSES
For necessary expenses of the Interstate Commerce
Commission, $13,379,000 shall be for severance, closing
costs, and other expenses.
Ω149æPage 38, line 7, strike out all after ‘‘by’’ down to
and including ‘‘236–244)’’ in line 8 and insert: title VIII
of the Elementary and Secondary Education Act of 1965,
20 U.S.C. 7701, et. seq.
Ω150æPage 42, line 18, strike out øpursuant to paragraph
(d)¿
Ω151æPage 43, line 10, strike out øand ten¿
Ω152æPage 43, strike out lines 21 and 22
Ω153æPage 47, line 16, strike out ø$10,000,000¿ and in-
sert: $5,000,000
Ω154æPage 47, line 19, strike out ø$92,231,000¿ and in-
sert: $99,364,000
HR 2002 EAS
Ω155æPage 48, strike out all after line 21, over to and
including line 4 on page 49
Ω156æPage 50, lines 14 and 15, strike out ø(excluding
the Maritime Administration)¿
Ω157æPage 50, line 18, strike out øcollocate¿ and insert:
consolidate
Ω158æPage 50, line 19, strike out øsurface transportation
field offices¿ and insert: administrative activities
Ω159æPage 51, line 7, after ‘‘transfers’’ insert: : Provided
further, That, notwithstanding 5 U.S.C. 905(b), the Presi-
dent may prepare and transmit to Congress not later than
the date for transmittal to Congress of the Budget Request
for Fiscal Year 1997, a reorganization plan pursuant to
chapter 9 of title 5, United States Code, for the reorganiza-
tion of the surface transportation activities of the Depart-
ment of Transportation and the relationship of the Saint
Lawrence Seaway Development Corporation to the Depart-
ment
Ω160æPage 51, line 9, strike out all after ‘‘appropriated’’
down to and including ‘‘Secretary’’ in line 10 and insert:
in this Act
Ω161æPage 51, strike out all after line 14, over to and
including line 9 on page 52 and insert:
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SEC. 337. None of the funds appropriated by this Act
shall be made available for employee training unless such
training is consistent with the provisions of 5 U.S.C. 4101
et seq., as amended.
Ω162æPage 52, strike out lines 10 through 24
Ω163æPage 53, after line 13, insert:
(c) For the purposes of section (a), the time an individ-
ual has spent on the worker’s compensation rolls shall be
counted as regular employment time.
Ω164æPage 53, strike out lines 14 through 23
Ω165æPage 53, strike out all after line 23, over to and
including line 3 on page 54
Ω166æPage 54, strike out lines 4 through 17
Ω167æPage 54, after line 17, insert:
SEC. 343. Notwithstanding any other law, the funds
available for obligation to carry out the project in West
Calcasieu Parish, Louisiana, authorized by section
149(a)(87) of the Surface Transportation and Uniform Re-
location Assistance Act of 1987 (Public Law 101–17; 101
Stat. 194) shall be made available for obligation to carry
out the project for Lake Charles, Louisiana, authorized by
item 17 of the table in section 1106(a)(2) of the Intermodal
HR 2002 EAS
Surface Transportation Efficiency Act of 1991 (Public Law
102–240; 105 Stat. 2038).
Ω168æPage 54, after line 17, insert:
SEC. 344. Improvements identified as highest priority
by section 1069(t) of Public Law 102–240 and funded pur-
suant to section 118(c)(2) of title 23, United States Code,
shall not be treated as an allocation for Interstate mainte-
nance for such fiscal year under section 157(a)(4) of title
23, United States Code, and sections 1013(c), 1015(a)(1),
and 1015(b)(1) of Public Law 102–240: Provided, That any
discretionary grant made pursuant to Public Law 99–663
shall not be subject to section 1015 of Public Law 102–240.
Ω169æPage 54, after line 17, insert:
SEC. 345. The Secretary, in consultation with the Sec-
retary of Labor and the Administrator of the Environ-
mental Protection Agency shall, within three months of the
date of enactment of this Act, carry out research to identify
successful telecommuting programs in the public and pri-
vate sectors and provide for the dissemination to the public
of information regarding the establishment of successful
telecommuting programs and the benefits and costs of
telecommuting. Within one year of the date of enactment
of this Act, the Secretary shall report to Congress its find-
ings, 
conclusions, 
and 
recommendations 
regarding
telecommuting developed under this section.
HR 2002 EAS
Ω170æPage 54, after line 17, insert:
SEC. 346. Notwithstanding section 1003(c) of Public
Law 102–240, authorizations for the Indian Reservation
Roads under Section 1003(a)(6)(A) of Public Law 102–240
shall be exempt from any reduction in authorizations for
budget compliance.
Ω171æPage 54, after line 17, insert:
SEC. 347. Notwithstanding any other provision of law,
for fiscal year 1996, the Secretary shall allocate to a State
an additional amount of funding for its Federal-aid high-
way programs on a dollar for dollar basis to the extent that
prior year unobligated balances are withdrawn and can-
celed. Such funds are subject to the obligation ceiling for
Federal-aid Highways set by annual appropriations Acts:
Provided, That prior year unobligated balances may not
be withdrawn and canceled that were suballocated under
title 23 or Public Law 102–240 or were made available
under the congestion mitigation and air quality program.
Ω172æPage 54, after line 17, insert:
SEC. 348. Notwithstanding any other provision of law,
for fiscal year 1996, a State may, at its option, transfer
those funds authorized or appropriated for highway dem-
onstration projects under Public Law 102–240, Public Law
100–17, Public Law 97–424, or under an applicable appro-
priations act for the Department of Transportation, to its
HR 2002 EAS
apportionment under section 104(b)(1), (2), (3), (5), and
144 of title 23, United States Code: Provided, That dem-
onstration projects upon which such funds are drawn have
not gone to construction (although obligations may have
been incurred for preliminary engineering or environ-
mental studies). Funds transferred under this section shall
be subject to the laws, regulations, policies, and procedures,
relating to the apportionment to which they are transferred
and shall be subject to the obligation ceiling for Federal-
aid highways set by annual appropriations Acts.
Ω173æPage 54, after line 17, insert:
SEC. 349. INTERSTATE COMPACT INFRASTRUCTURE
BANKS.—Chapter 3 of title 49, United States Code, is
amended by the addition of the following new section 334:
‘‘SEC. 334. INTERSTATE COMPACT INFRASTRUCTURE
BANKS.—(a) CONSENT
TO INTERSTATE COMPACTS.—In
order to increase public investment, attract needed private
investment, and promote an intermodal transportation net-
work, Congress grants consent to the States to establish
State infrastructure banks and to enter into interstate com-
pacts establishing transportation infrastructure banks to
promote regional or multi-State investment in transpor-
tation infrastructure and thereby improve economic produc-
tivity.
HR 2002 EAS
‘‘(b) ASSISTANCE FOR TRANSPORTATION PROJECTS,
PROGRAMS, AND ACTIVITIES.—A State or Interstate Com-
pact Transportation Infrastructure Bank (Infrastructure
Bank) established under this section may make loans, issue
debt under the authority of the Infrastructure Bank’s State
jurisdictions either jointly or separately as the Infrastruc-
ture Bank and its jurisdictions determine, and provide
other assistance to public or private entities constructing,
or proposing to construct or initiate, transportation
projects, programs, or activities that are eligible to receive
financial assistance under—
‘‘(1) title 23, United States Code, and the Inter-
modal Surface Transportation Efficiency Act of 1991;
and
‘‘(2) chapters 53 and 221 and subtitle VII, part
B, of this title.
‘‘(c) FORMS OF ASSISTANCE.—An Infrastructure Bank
may loan or provide other assistance to a public or private
entity in an amount equal to all or part of the cost of con-
struction or capital cost of a qualifying project. The amount
of any loan or other assistance received for a qualifying
project under this section may be subordinated to any other
debt financing for the project. For purposes of this sub-
section, the term ‘other assistance’ includes any use of funds
for the purpose of credit enhancements, use as a capital re-
HR 2002 EAS
serve for bond or debt instrument financing, bond or debt
instrument financing issuance costs, bond or debt issuance
financing insurance, subsidizing of interest rates, letters of
credit, credit instruments, bond or debt financing instru-
ment security, other forms of debt financing that relate to
the qualifying project, and other leveraging tools approved
by the Secretary.
‘‘(d) INTERSTATE COMPACT TRANSPORTATION INFRA-
STRUCTURE BANK REQUIREMENTS.—In order to qualify an
Interstate Compact Transportation Infrastructure Bank for
capitalization grants under this section, each participating
State shall—
‘‘(1) deposit into the Infrastructure Bank, from
non-Federal or Federal sources other than this title or
title 23, United States Code, an amount equal to 25
percent of each capitalization grant or, if lower be-
cause of the proportion of Federal lands in the State,
the proportional non-Federal share that a State
would otherwise pay on the basis of section 120(b) of
title 23;
‘‘(2) ensure that the Infrastructure Bank main-
tains on a continuing basis an investment grade rat-
ing on its debt issuances or has a sufficient level of
bond or debt financing instrument insurance to
maintain the viability of the fund;
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‘‘(3) ensure that investment income generated by
the funds deposited into an Infrastructure Bank shall
be—
‘‘(A) credited to the Infrastructure Bank;
‘‘(B) available for use in providing loans
and other assistance to qualifying projects, pro-
grams, or activities from the Infrastructure
Bank; and
‘‘(C) invested in U.S. Treasury securities,
bank deposits, or such other financing instru-
ments as the Secretary may provide to earn in-
terest to enhance the leveraging of qualifying
transportation activities;
‘‘(4) provide that the repayment of a loan or
other assistance to a State from any loan under this
section may be credited to the Infrastructure Bank or
obligated for any purpose for which the loaned funds
were available under this title or title 23;
‘‘(5) ensure that any loan from an Infrastructure
Bank shall bear any positive interest the Bank deter-
mines appropriate to make the qualifying project fea-
sible;
‘‘(6) ensure that repayment of any loan from an
Infrastructure Bank shall commence not later than
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five years after the facility has opened to traffic or the
project, activity or facility has been completed;
‘‘(7) ensure that the term for repaying any loan
shall not exceed 30 years from the date of obligation
of the loan;
‘‘(8) limit any assignment, transfer, or loan to
an Infrastructure Bank to not more than the amount
which a State is entitled to under subsection (f) of
this section; and
‘‘(9) require the Infrastructure Bank to make an
annual report to the Secretary on its status no later
than September 30 of each year.
‘‘(e) SECRETARIAL REQUIREMENTS.—In administer-
ing this section, the Secretary shall—
‘‘(1) ensure that federal disbursements for capital
reserves shall be at a rate consistent with historic
rates for the Federal-aid highway program; and
‘‘(2) specify procedures and guidelines for estab-
lishing, operating, and making loans from an Infra-
structure Bank.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS; CONTRIBU-
TIONS FROM TITLE 23 APPORTIONMENTS.—(1) There are
authorized to be appropriated from the Airport and Airway
Trust Fund established under section 9502 of the Internal
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Revenue Code of 1986 (26 U.S.C. 9502) to carry out this
section not more than $250,000,000 in Fiscal Year 1996.
‘‘(2) Notwithstanding the provisions of title 23, United
States Code, and Public Law 102–240 (Intermodal Surface
Transportation Efficiency Act of 1991), a State may con-
tribute to an Infrastructure Bank up to 10 percent of fed-
eral funds apportioned under section 104(b) of title 23 that
are subject to the annual Federal-aid Highways obligation
limitation, except for interstate construction and congestion
mitigation and air quality program funds: Provided, That
a State shall not deposit funds that are suballocated under
title 23 or Public Law 102–240.
‘‘(3) A state may disburse funds appropriated under
paragraph (f)(1) of this subsection or contributed under
(f)(2) of this subsection to an Infrastructure Bank at a rate
that does not exceed the traditional rate of disbursement
for the Airport Improvement Program or the Federal-aid
Highway program, respectively.
‘‘(g) STATE ALLOCATION.—The Secretary shall appor-
tion to the chief executive of each State choosing to partici-
pate in an Infrastructure Bank the percentage allocation
of the amount available under paragraph (e)(1) of this sec-
tion on the first day of the fiscal year, as follows:
‘‘State
Percentage
‘‘Alabama ..................................................................................................
1.26
‘‘Alaska ......................................................................................................
5.64
‘‘Arizona ....................................................................................................
2.20
‘‘Arkansas ..................................................................................................
0.74
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‘‘California ................................................................................................
8.57
‘‘Colorado ..................................................................................................
2.31
‘‘Connecticut ..............................................................................................
0.74
‘‘Delaware .................................................................................................
0.04
‘‘District of Columbia ...............................................................................
0.01
‘‘Florida .....................................................................................................
6.49
‘‘Georgia ....................................................................................................
3.08
‘‘Hawaii ....................................................................................................
2.54
‘‘Idaho ........................................................................................................
0.75
‘‘Illinois .....................................................................................................
3.92
‘‘Indiana ....................................................................................................
1.46
‘‘Iowa .........................................................................................................
0.95
‘‘Kansas .....................................................................................................
0.68
‘‘Kentucky .................................................................................................
1.80
‘‘Louisiana ................................................................................................
1.34
‘‘Maine .......................................................................................................
0.66
‘‘Maryland .................................................................................................
0.84
‘‘Massachusetts ..........................................................................................
1.72
‘‘Michigan .................................................................................................
2.68
‘‘Minnesota ................................................................................................
1.59
‘‘Mississippi ..............................................................................................
0.76
‘‘Missouri ...................................................................................................
1.92
‘‘Montana ..................................................................................................
1.10
‘‘Nebraska ..................................................................................................
0.87
‘‘Nevada .....................................................................................................
1.46
‘‘New Hampshire ......................................................................................
0.28
‘‘New Jersey ..............................................................................................
1.16
‘‘New Mexico .............................................................................................
0.98
‘‘New York .................................................................................................
5.82
‘‘North Carolina ........................................................................................
2.92
‘‘North Dakota ..........................................................................................
0.61
‘‘Ohio .........................................................................................................
2.32
‘‘Oklahoma ................................................................................................
0.97
‘‘Oregon .....................................................................................................
1.15
‘‘Pennsylvania ..........................................................................................
3.29
‘‘Rhode Island ...........................................................................................
0.39
‘‘South Carolina .......................................................................................
1.05
‘‘South Dakota ..........................................................................................
0.55
‘‘Tennessee .................................................................................................
2.13
‘‘Texas ........................................................................................................
7.64
‘‘Utah .........................................................................................................
1.04
‘‘Vermont ...................................................................................................
0.22
‘‘Virginia ...................................................................................................
2.91
‘‘Washington .............................................................................................
1.78
‘‘West Virginia ..........................................................................................
0.58
‘‘Wisconsin ................................................................................................
1.41
‘‘Wyoming .................................................................................................
0.74
‘‘Puerto Rico .............................................................................................
0.99
‘‘(g) UNITED STATES NOT OBLIGATED.—The deposit
of Federal apportionments into an Infrastructure Bank
shall not be construed as a commitment, guarantee, or obli-
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gation on the part of the United States to any third party,
nor shall any third party have any right against the United
States for payment solely by virtue of the deposit. Further-
more, any security or debt financing instrument issued by
an Infrastructure Bank shall expressly state that the secu-
rity or instrument does not constitute a commitment, guar-
antee, or obligation of the United States.
‘‘(h) MANAGEMENT
OF FEDERAL FUNDS.—Sections
3335 and 6503 of title 31, United States Code, shall not
apply to funds used as a capital reserve under this section.
‘‘(i) PROGRAM ADMINISTRATION.—For each fiscal
year, a State may contribute to an Infrastructure Bank an
amount not to exceed two percent of the Federal funds de-
posited into that Infrastructure Bank by the State to pro-
vide for the reasonable costs of administering the fund.
‘‘(j) RESCISSION OF CONTRACT AUTHORIZATION.—Of
the available contract authority balances under the account
entitled ‘‘Grants-In-Aid for Airports’’ in this Act,
$250,000,000 are rescinded.’’.
Ω174æPage 54, after line 17, insert:
SEC. 350. (a) In consultation with the employees of
the Federal Aviation Administration and such nongovern-
mental experts in personnel management systems as he may
employ, and notwithstanding the provisions of title 5, Unit-
ed States Code, and other Federal personnel laws, the Sec-
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retary of Transportation shall develop and implement, not
later than January 1, 1996, a personnel management sys-
tem for the Federal Aviation Administration that addresses
the unique demands on the agency’s workforce. Such new
system shall, at a minimum, provide for greater flexibility
in the hiring, training, compensation, and location of per-
sonnel.
(b) The provisions of title 5, United States Code, shall
not apply to the new personnel management system devel-
oped and implemented pursuant to subsection (a), with the
exception of:
(1) Section 2302(b), relating to whistleblower
protection;
(2) Section 7118(b)(7), relating to limitations on
the right to strike;
(3) Section 7204, relating to antidiscrimination;
(4) Chapter 73, relating to suitability, security,
and conduct;
(5) Chapter 81, relating to compensation for
work injury; and
(6) Chapters 83–85, 87, and 89, relating to re-
tirement and insurance coverage.
(c) This section shall take effect on April 1, 1996.
Ω175æPage 54, after line 17, insert:
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SEC. 351. (a) In consultation with such non-govern-
mental experts in acquisition management systems as he
may employ, and notwithstanding provisions of Federal ac-
quisition law, the Secretary of Transportation shall develop
and implement, not later than January 1, 1996, an acqui-
sition management system for the Federal Aviation Admin-
istration that addresses the unique needs of the agency and,
at a minimum, provides for more timely and cost-effective
acquisitions of equipment and materials.
(b) The following provisions of Federal acquisition law
shall not apply to the new acquisition management system
developed and implemented pursuant to subsection (a):
(1) Title III of the Federal Property and Admin-
istrative Services Act of 1949 (41 U.S.C. 252–266);
(2) The Office of Federal Procurement Policy Act
(41 U.S.C. 401 et seq.);
(3) The Federal Acquisition Streamlining Act of
1994 (Public Law 103–355);
(4) The Small Business Act (15 U.S.C. 631 et
seq.), except that all reasonable opportunities to be
awarded contracts shall be provided to small business
concerns and small business concerns owned and con-
trolled by socially and economically disadvantaged
individuals;
(5) The Competition in Contracting Act;
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(6) Subchapter V of Chapter 35 of title 31, relat-
ing to the procurement protest system;
(7) The Brooks Automatic Data Processing Act
(40 U.S.C. 759); and
(8) The Federal Acquisition Regulation and any
laws not listed in (a) through (e) of this section pro-
viding authority to promulgate regulations in the
Federal Acquisition Regulation.
(c) This section shall take effect on April 1, 1996.
Ω176æPage 54, after line 17, insert:
SEC. 352. Funds provided in this Act for bonuses and
cash awards for employees of the Department of Transpor-
tation shall be reduced by $752,852, which limits fiscal year
1995 obligation authority to no more than $25,875,075:
Provided, That this provision shall be applied to funds for
Senior Executive Service bonuses, merit pay, and other bo-
nuses and cash awards.
Ω177æPage 54, after line 17, insert:
SEC. 353. Not to exceed $850,000 of the funds provided
in this Act for the Department of Transportation shall be
available for the necessary expenses of advisory committees.
Ω178æPage 54, after line 17, insert:
SEC. 354. Notwithstanding any other provision of law,
the Secretary may use funds appropriated under this Act,
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or any subsequent Act, to administer and implement the
exemption provisions of 49 CFR 580.6 and to adopt or
amend exemptions from the disclosure requirements of 49
CFR Part 580 for any class or category of vehicles that
the Secretary deems appropriate.
Ω179æPage 54, after line 17, insert:
SEC. 355. (a) The Federal Aviation Administration
Technical Center located at the Atlantic City International
Airport in Pomona, New Jersey, shall be known and des-
ignated as the ‘‘William J. Hughes Technical Center’’.
(b) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal
Aviation Administration Technical Center referred to in
section (a) shall be deemed to be a reference to the ‘‘William
J. Hughes Technical Center’’.
Ω180æPage 54, after line 17, insert:
SEC. 356. None of the funds in this Act may be used
to close any multi-mission small boat stations or subunits:
Provided, That the Secretary may implement any manage-
ment efficiencies within the small boat unit system, such
as modifying the operational posture of units or reallocat-
ing resources as necessary to ensure the safety of the mari-
time public nationwide, provided that no stations or
subunits may be closed.
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Ω181æPage 54, after line 17, insert:
SEC. 357. Notwithstanding any other provision of law,
of the $29,596,000 available for obligation authorized by
item 21 of the table in section 1105(f) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law
102–240; 105 Stat. 2038), $6,000,000 shall be made avail-
able for obligation to carry out surface transportation
projects in Louisiana. Of this amount, $5,000,000 shall be
made available for completion of the I–10 and I–610 project
in New Orleans, Louisiana and $1,000,000 shall be made
available for three highway studies of which $250,000 is
provided for a study to widen US 84/LA 6 traversing north
Louisiana, $250,000 is provided for a study to widen La.
Hwy 42 from US Hwy. 61 to La. Hwy. 44 and extend
to I–10 in East Ascension Parish and $500,000 is provided
for a study to connect Interstate 20 on both sides of the
Ouachita River.
Ω182æPage 54, after line 17, insert:
SEC. 358. TRANSFER OF CERTAIN FEDERAL PROP-
ERTY IN NEW JERSEY.—The first section of the Act entitled
‘‘An Act transferring certain Federal property to the city
of Hoboken, New Jersey’’, approved September 27, 1982
(Public Law 97–268, 96 Stat. 1140), is amended—
(1) in subsection (a), by adding ‘‘and’’ at the
end, and
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(2) by striking ‘‘Stat. 220), and’’ in subsection
(b) and all that follows through ‘‘New Jersey; concur-
rent with’’ and inserting the following: ‘‘Stat. 220);
concurrent with’’.
Ω183æPage 54, after line 17, insert:
SEC. 359. ENERGY SAVINGS AT FEDERAL FACILITIES.
(a) REDUCTION IN FACILITIES ENERGY COSTS.—The
head of each agency for which funds are made available
under this Act shall take all actions necessary to achieve
during fiscal year 1996 a 5 percent reduction, from fiscal
year 1995 levels, in the energy costs of the facilities used
by the agency.
(b) USE OF COST SAVINGS.—An amount equal to the
amount of cost savings realized by an agency under sub-
section (a) shall remain available for obligation through the
end of fiscal year 1997, without further authorization or
appropriation, as follows:
(1) CONSERVATION MEASURES.—Fifty percent of
the amount shall remain available for the implemen-
tation of additional energy conservation measures
and for water conservation measures at such facilities
used by the agency as are designated by the head of
the agency.
(2) OTHER
PURPOSES.—Fifty percent of the
amount shall remain available for use by the agency
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for such purposes as are designated by the head of the
agency, consistent with applicable law.
(c) REPORT.—
(1) IN GENERAL.—Not later than December 31,
1996, the head of each agency described in subsection
(a) shall submit a report to Congress specifying the
results of the actions taken under subsection (a) and
providing any recommendations concerning how to
further reduce energy costs and energy consumption
in the future.
(2) CONTENTS.—Each report shall—
(A) specify the total energy costs of the fa-
cilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
Ω184æPage 54, after line 17, insert:
SEC. 360. STUDY OF AIR FARES.
(a) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
(1) ADJUSTED AIR FARE.—The term ‘‘adjusted
air fare’’ means an actual air fare that is adjusted
for distance traveled by a passenger.
(2) AIR CARRIER.—The term—
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(A) ‘‘air carrier’’ has the same meaning as
in section 40102(a)(2) of title 49, United States
Code; and
(B) the terms ‘‘regional commuter air car-
rier’’, and ‘‘major air carrier’’ shall have the
meanings provided those terms by the Secretary.
(3) AIRPORT.—The term ‘‘airport’’ has the same
meaning as in section 40102(9) of title 49, United
States Code.
(4) COMMERCIAL AIR CARRIER.—The term ‘‘com-
mercial air carrier’’ means an air carrier that pro-
vides air transportation for commercial purposes (as
determined by the Secretary).
(5) HUB AIRPORT.—The term ‘‘hub airport’’ has
the same meaning as in section 41731(a)(2) of title
49, United States Code.
(6) LARGE HUB AIRPORT.—The term ‘‘large hub
airport’’—
(A) shall have the meaning provided that
term by the Secretary; and
(B) does not include a small hub airport (as
such term is defined in section 41731(a)(5) of
title 49, United States Code).
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(7) NONHUB AIRPORT.—The term ‘‘nonhub air-
port’’ has the same meaning as in section 41731(a)(4)
of title 49, United States Code.
(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
(b) STUDY OF AIR FARES.—
(1) IN GENERAL.—The Secretary shall conduct a
study to—
(A) compare air fares paid (calculated as
both actual and adjusted air fares) for air trans-
portation on flights conducted by commercial air
carriers—
(i) between—
(I) nonhub airports located in
small communities; and
(II) large hub airports; and
(ii) between large hub airports; and
(B) analyze—
(i) the extent to which passenger serv-
ice that is provided from nonhub airports is
provided on—
(I) regional commuter commercial
air carriers; or
(II) major air carriers;