[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2002 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
August 10 (legislative day, July 10), 1995.
Resolved, That the bill from the House of Representatives (H.R.
2002) entitled ``An Act making appropriations for the Department of
Transportation and related agencies for the fiscal year ending
September 30, 1996, and for other purposes'', do pass with the
following
AMENDMENTS:
(1)Page 2, line 11, strike out [$55,011,500] and insert: $56,500,000
(2)Page 2, line 11, strike out [$40,000] and insert: $60,000
(3)Page 2, line 20, strike out [duplicate physical copies] and insert:
custody
(4)Page 2, line 23, strike out [or open them] and insert: and open
(5)Page 3, line 3, strike out [$6,554,000] and insert: $12,083,000
(6)Page 3, line 10, strike out [$3,309,000] and insert: $9,710,000
(7)Page 3, line 16, strike out [$102,231,000] and insert: $104,364,000
(8)Page 4, line 1, strike out [$15,000,000] and insert: $26,738,536
(9)Page 4, line 5, strike out [$15,000,000] and insert: $26,738,536
(10)Page 4, line 18, strike out [seventy] and insert: seventy-five
(11)Page 4, line 19, after ``dium'' insert: or small
(12)Page 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),
(13)Page 4, line 21, strike out [and ten]
(14)Page 4, line 24, strike out [$23,600,000] and insert: $11,861,464
(15)Page 4, line 25, strike out all after ``rescinded'' over to and
including ``tation'' in line 7 on page 6
(16)Page 6, line 16, strike out [$130,803,000] and insert: $139,689,000
(17)Page 6, line 24, strike out [$17,099,000] and insert: $17,685,000
(18)Page 7, line 15, strike out [$2,900,000] and insert: $2,100,000
(19)Page 7, line 16, strike out [$2,642,000] and insert: $1,842,000
(20)Page 7, line 17, after ``1997'' insert: : Provided, That
notwithstanding 49 U.S.C. 332, these funds may be used for business
opportunities related to any mode of transportation
(21)Page 7, after line 17 insert:
Interstate Commerce Commission Sunset
For necessary expenses, of the Office of the Secretary, not
otherwise provided for, $4,705,000, to transfer residual rail and motor
carriers functions from the Interstate Commerce Commission to the
Department of Transportation.
(22)Page 8, line 1, strike out [$2,565,607,000] and insert:
$2,286,000,000
(23)Page 8, line 3, strike out all after ``Fund'' down to and including
``Account'' in line 4
(24)Page 8, line 18, strike out all after ``12839'' down to and
including ``activities'' in line 21
(25)Page 9, line 2, strike out [$375,175,000] and insert: $366,800,000
(26)Page 9, line 4, strike out [$191,200,000] and insert: $178,000,000
(27)Page 9, line 7, strike out [$16,500,000] and insert: $14,500,000
(28)Page 9, line 9, strike out [$42,200,000] and insert: $47,600,000
(29)Page 9, line 11, strike out [$82,275,000] and insert: $80,200,000
(30)Page 9, line 13, strike out [$43,000,000] and insert: $46,500,000
(31)Page 9, line 19, strike out all after ``pacity'' over to and
including ``plans'' in line 2 on page 10
(32)Page 10, line 2, after ``plans'' insert: : Provided further, That
the Commandant shall dispose of surplus real property by sale or lease
and the proceeds of such sale or lease shall be credited to this
appropriation
(33)Page 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.
(34)Page 10, line 10, strike out [$16,000,000] and insert: $2,000,000
(35)Page 10, line 24, strike out [$61,859,000] and insert: $62,000,000
(36)Page 11, line 6, strike out [$18,500,000] and insert: $20,000,000
(37)Page 11, strike out lines 13 through 18
(38)Page 11, strike out all after line 18, over to and including line 2
on page 12
(39)Page 12, after line 4 insert:
(including transfer of funds)
(40)Page 12, line 16, strike out [$4,600,000,000] and insert:
$4,550,000,000
(41)Page 12, line 16, strike out [$1,871,500,000] and insert:
$1,865,000,000
(42)Page 12, line 21, strike out [aviation] and insert: agency
(43)Page 12, line 22, after ``including'' insert: receipts for
(44)Page 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 security regulation under
the jurisdiction of the Federal Aviation Administration
(45)Page 13, line 11, after ``pay'' insert: : Provided further, 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 September 30, 1995; except that, (i) for fiscal year
1996, such premium pay may be paid at 50 percent of the rate specified
in 5 U.S.C. 5546a; and (ii) for fiscal year 1997, such premium pay may
be paid at 25 percent of the rate specified in 5 U.S.C. 5546a
(46)Page 13, line 11, after ``pay'' insert: : Provided further, That
the unexpended balances of the appropriation ``Office of Commercial
Space Transportation, Operations and Research'' shall be transferred to
and merged with this appropriation: Provided further, That none of the
funds derived from the Airport and Airway Trust Fund may be used to
support the operations and activities of the Associate Administrator
for Commercial Space Transportation
(47)Page 14, line 3, strike out [$2,000,000,000] and insert:
$1,890,377,000
(48)Page 14, line 4, strike out [$1,784,000,000] and insert:
$1,674,377,000
(49)Page 14, line 5, strike out [and]
(50)Page 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 following 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 effectiveness in improving civil aviation
security)
(51)Page 14, line 15, strike out [$60,000,000] and insert: $70,000,000
(52)Page 14, line 22, strike out [$143,000,000] and insert:
$215,886,000
(53)Page 15, after line 5, insert:
(including rescission of contract authorization)
(54)Page 15, line 16, strike out [$1,600,000,000] and insert:
$1,250,000,000
(55)Page 15, line 19, after ``Code'' insert: : Provided further, 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 Airports Program'' and $50,000,000 for
the ``Reliever Airports Program''
(56)Page 15, line 19, after ``Code'' insert: : Provided further, That
of the available contract authority balances under this account,
$5,000,000 are rescinded
(57)Page 16, line 12, strike out [$495,381,000] and insert:
$548,434,000
(58)Page 16, line 16, strike out [$190,667,000] and insert:
$248,909,000
(59)Page 16, line 26, strike out [$10,000,000] and insert: $13,000,000
(60)Page 17, line 7, strike out [$10,000,000] and insert: $13,000,000
(61)Page 17, line 14, strike out [$18,000,000,000] and insert:
$17,000,000,000
(62)Page 18, line 18, strike out [$79,150,000] and insert: $75,000,000
(63)Page 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 advance methods of improving safety,
reducing congestion, or otherwise improving surface transportation,
$39,500,000, to remain available until expended.
(64)Page 18, line 26, strike out [$73,316,570] and insert: $71,261,000
(65)Page 18, line 26, strike out [$37,825,850] and insert: $36,770,676
(66)Page 19, line 1, strike out all after ``1998'' down to and
including ``effect'' in line 8
(67)Page 19, line 16, strike out [$52,011,930] and insert: $50,344,000
(68)Page 19, line 16, strike out [$32,770,670] and insert: $31,716,720
(69)Page 19, strike out lines 18 through 23
(70)Page 20, line 8, strike out [$153,400,000] and insert: $155,100,000
(71)Page 20, line 14, strike out [$153,400,000] and insert:
$155,100,000
(72)Page 20, line 15, strike out [$126,000,000] and insert:
$128,000,000
(73)Page 20, line 17, strike out [$2,400,000] and insert: $2,100,000
(74)Page 20, line 18, strike out all after ``Register'' '' down to and
including ``therein)'' in line 20 and insert: subject to authorization
(75)Page 20, line 22, strike out all after ``programs'' '' over to and
including ``usage'' in line 1 on page 21
(76)Page 21, line 2, strike out [$5,153,000] and insert: $5,211,000
(77)Page 21, line 7, strike out [may] and insert: shall
(78)Page 21, line 9, strike out [$890,000] and insert: $777,000
(79)Page 21, line 15, strike out [$14,000,000] and insert: $14,018,000
(80)Page 22, line 17, strike out [$49,940,660] and insert: $49,105,000
(81)Page 22, line 21, strike out [$21,000,000] and insert: $25,775,000
(82)Page 23, line 3, strike out [$100,000,000] and insert: $130,000,000
(83)Page 24, line 3, strike out all after ``Rail'' down to and
including ``expended'' in line 4 and insert: studies, corridor
planning, development, demonstration, and implementation, $20,000,000,
to remain available until expended
(84)Page 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, feasibility studies, environmental analyses
and track and signal improvements
(85)Page 24, after line 19, insert:
Alaska Railroad Rehabilitation
To enable the Secretary of Transportation to make grants to the
Alaska Railroad, $10,000,000 shall be for capital rehabilitation and
improvements benefiting its passenger operations.
(86)Page 24, after line 19, insert:
Pennsylvania Station Redevelopment Project
For grants to the National Railroad Passenger Corporation,
$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 undertake the
environmental and historic preservation analyses associated with this
project.
(87)Page 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 accommodate 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 expended:
Provided, That as a condition of accepting such 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 Railroad 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.
(88)Page 24, line 24, strike out [$628,000,000] and insert:
$605,000,000 to remain available until expended
(89)Page 24, line 25, strike out [$336,000,000] and insert:
$305,000,000
(90)Page 25, line 1, strike out [$62,000,000] and insert: $100,000,000
(91)Page 25, line 2, strike out [$230,000,000] and insert: $200,000,000
(92)Page 25, line 3, strike out all after ``Provided,'' down to and
including ``further,'' in line 7
(93)Page 25, line 20, strike out [$39,260,000] and insert: $42,000,000
(94)Page 25, line 24, strike out [$890,000,000] and insert:
$985,000,000
(95)Page 25, line 25, strike out [$2,000,000,000] and insert:
$2,105,850,000
(96)Page 26, line 4, after ``5336(d)'' insert: : Provided further, That
the limitation on operating assistance provided under this heading
shall, for urbanized areas of less than 200,000 in population, be no
less than eighty percent of the amount of operating assistance such
areas are eligible to receive under Public Law 103-331
(97)Page 26, line 4, after ``5336(d)'' insert: : Provided further, That
before apportionment of funds under this heading, $29,325,031 shall be
apportioned to areas of 200,000 or greater in population
(98)Page 26, strike out all after line 12, down to and including
``5315'' in line 19 and insert: $90,000,000
(99)Page 26, line 26, strike out [$1,110,000,000] and insert:
$1,120,850,000
(100)Page 27, line 15, strike out all after ``and'' down to and
including ``follows'' in line 17 and insert: , notwithstanding any
other provision of law, and except for fixed guideway modernization
projects, $22,840,000 made available under Public Law 102-388 under
``Federal Transit Administration, Discretionary Grants'' for projects
specified 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 systems under this Act, to be available as
follows
(101)Page 27, line 20, strike out [$17,500,000] and insert: $22,620,000
(102)Page 27, strike out lines 22 through 25
(103)Page 28, strike out lines 1 through 5
(104)Page 28, line 8, strike out [$2,500,000] and insert: $3,500,000
(105)Page 28, line 9, strike out all after ``project'' down to and
including ``therein)'' in line 11
(106)Page 28, line 12, strike out [$5,000,000] and insert: $7,000,000
(107)Page 28, line 13, strike out all after ``project'' down to and
including ``therein)'' in line 15
(108)Page 28, line 17, strike out all after ``project'' down to and
including ``therein)'' in line 19
(109)Page 28, strike out lines 22 and 23
(110)Page 28, line 24, strike out [$125,000,000] and insert:
$45,000,000
(111)Page 29, strike out lines 1 and 2
(112)Page 29, line 3, strike out [$10,000,000] and insert: $15,000,000
(113)Page 29, line 5, strike out [$3,000,000] and insert: $22,630,000
(114)Page 29, line 8, strike out all after ``project'' down to and
including ``therein)'' in line 10
(115)Page 29, strike out lines 11 through 14
(116)Page 29, line 15, strike out [$75,000,000] and insert: $85,500,000
(117)Page 29, strike out lines 17 through 20
(118)Page 29, line 21, strike out [$114,989,000] and insert:
$160,000,000
(119)Page 29, strike out all after line 22, over to and including line
2 on page 30
(120)Page 30, line 5, strike out [$85,500,000] and insert: $130,140,000
(121)Page 30, strike out lines 7 and 8
(122)Page 30, line 9, strike out [$10,000,000] and insert: $13,000,000
(123)Page 30, line 11, strike out [$5,000,000] and insert: $14,519,000
(124)Page 30, line 12, strike out all after ``project'' down to and
including ``costs'' in line 14
(125)Page 30, line 15, strike out [$10,000,000] and insert: $22,620,000
(126)Page 30, line 15, strike out all after ``BART'' down to and
including ``airport'' in line 16 and insert: extension/tasman corridor
(127)Page 30, strike out lines 17 through 20
(128)Page 30, strike out lines 21 through 24
(129)Page 31, strike out lines 1 through 4
(130)Page 31, line 6, strike out all after ``project'' down to and
including ``therein)'' in line 8
(131)Page 31, after line 8, insert:
$11,300,000 for the Burlington-Charlotte, Vermont commuter
rail project; and
(132)Page 31, after line 8, insert:
$5,000,000 for the Chicago central area circulator.
(133)Page 31, line 14, strike out [$2,000,000,000] and insert:
$1,700,000,000
(134)Page 31, line 21, strike out [$200,000,000] and insert:
$170,000,000
(135)Page 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 position 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
(136)Page 32, line 12, strike out [$10,190,500] and insert: $10,150,000
(137)Page 32, line 20, strike out [$26,030,000] and insert: $24,281,000
(138)Page 32, line 22, strike out all after ``1998'' over to and
including ``expended'' in line 1 on page 33
(139)Page 33, line 17, strike out [$29,941,000] and insert: $32,973,000
(140)Page 33, line 19, strike out [$27,243,000] and insert: $30,275,000
(141)Page 33, line 23, strike out [$1,000,000] and insert: $1,500,000
(142)Page 34, line 6, strike out [$8,890,000] and insert: $9,200,000
(143)Page 34, line 16, strike out [$40,238,000] and insert: $39,891,200
(144)Page 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 remain available until
expended.
(145)Page 34, line 25, strike out [$3,656,000] and insert: $3,500,000
(146)Page 35, line 12, strike out [$38,774,000] and insert: $37,500,000
(147)Page 35, line 22, strike out [$160,802] and insert: $360,802
(148)Page 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.
(149)Page 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.
(150)Page 42, line 18, strike out [pursuant to paragraph (d)]
(151)Page 43, line 10, strike out [and ten]
(152)Page 43, strike out lines 21 and 22
(153)Page 47, line 16, strike out [$10,000,000] and insert: $5,000,000
(154)Page 47, line 19, strike out [$92,231,000] and insert: $99,364,000
(155)Page 48, strike out all after line 21, over to and including line
4 on page 49
(156)Page 50, lines 14 and 15, strike out [(excluding the Maritime
Administration)]
(157)Page 50, line 18, strike out [collocate] and insert: consolidate
(158)Page 50, line 19, strike out [surface transportation field
offices] and insert: administrative activities
(159)Page 51, line 7, after ``transfers'' insert: : Provided further,
That, notwithstanding 5 U.S.C. 905(b), the President 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
reorganization of the surface transportation activities of the
Department of Transportation and the relationship of the Saint Lawrence
Seaway Development Corporation to the Department
(160)Page 51, line 9, strike out all after ``appropriated'' down to and
including ``Secretary'' in line 10 and insert: in this Act
(161)Page 51, strike out all after line 14, over to and including line
9 on page 52 and insert:
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.
(162)Page 52, strike out lines 10 through 24
(163)Page 53, after line 13, insert:
(c) For the purposes of section (a), the time an individual has
spent on the worker's compensation rolls shall be counted as regular
employment time.
(164)Page 53, strike out lines 14 through 23
(165)Page 53, strike out all after line 23, over to and including line
3 on page 54
(166)Page 54, strike out lines 4 through 17
(167)Page 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 Relocation 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 Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat.
2038).
(168)Page 54, after line 17, insert:
Sec. 344. Improvements identified as highest priority by section
1069(t) of Public Law 102-240 and funded pursuant to section 118(c)(2)
of title 23, United States Code, shall not be treated as an allocation
for Interstate maintenance 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.
(169)Page 54, after line 17, insert:
Sec. 345. The Secretary, in consultation with the Secretary of
Labor and the Administrator of the Environmental 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 private 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 findings, conclusions, and recommendations
regarding telecommuting developed under this section.
(170)Page 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.
(171)Page 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 highway programs on a dollar for dollar
basis to the extent that prior year unobligated balances are withdrawn
and canceled. 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.
(172)Page 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 demonstration projects under Public Law
102-240, Public Law 100-17, Public Law 97-424, or under an applicable
appropriations act for the Department of Transportation, to its
apportionment under section 104(b)(1), (2), (3), (5), and 144 of title
23, United States Code: Provided, That demonstration projects upon
which such funds are drawn have not gone to construction (although
obligations may have been incurred for preliminary engineering or
environmental 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.
(173)Page 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 network, Congress grants consent to the States to
establish State infrastructure banks and to enter into interstate
compacts establishing transportation infrastructure banks to promote
regional or multi-State investment in transportation infrastructure and
thereby improve economic productivity.
``(b) Assistance for Transportation Projects, Programs, and
Activities.--A State or Interstate Compact 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 Infrastructure 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 Intermodal
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 construction 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 subsection,
the term `other assistance' includes any use of funds for the purpose
of credit enhancements, use as a capital reserve 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
instrument security, other forms of debt financing that relate to the
qualifying project, and other leveraging tools approved by the
Secretary.
``(d) Interstate Compact Transportation Infrastructure 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 because 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 maintains on a
continuing basis an investment grade rating on its debt
issuances or has a sufficient level of bond or debt financing
instrument insurance to maintain the viability of the fund;
``(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, programs, or
activities from the Infrastructure Bank; and
``(C) invested in U.S. Treasury securities, bank
deposits, or such other financing instruments as the
Secretary may provide to earn interest 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 determines
appropriate to make the qualifying project feasible;
``(6) ensure that repayment of any loan from an
Infrastructure Bank shall commence not later than 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 administering 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 establishing,
operating, and making loans from an Infrastructure Bank.
``(f) Authorization of Appropriations; Contributions 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 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 contribute to an Infrastructure
Bank up to 10 percent of federal 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 apportion to the chief
executive of each State choosing to participate in an Infrastructure
Bank the percentage allocation of the amount available under paragraph
(e)(1) of this section 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
``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 obligation 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.
Furthermore, any security or debt financing instrument issued by an
Infrastructure Bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, 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 deposited into that Infrastructure Bank by
the State to provide 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.''.
(174)Page 54, after line 17, insert:
Sec. 350. (a) In consultation with the employees of the Federal
Aviation Administration and such nongovernmental experts in personnel
management systems as he may employ, and notwithstanding the provisions
of title 5, United States Code, and other Federal personnel laws, the
Secretary of Transportation shall develop and implement, not later than
January 1, 1996, a personnel management system 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
personnel.
(b) The provisions of title 5, United States Code, shall not apply
to the new personnel management system developed 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 retirement and
insurance coverage.
(c) This section shall take effect on April 1, 1996.
(175)Page 54, after line 17, insert:
Sec. 351. (a) In consultation with such non-governmental experts in
acquisition management systems as he may employ, and notwithstanding
provisions of Federal acquisition law, the Secretary of Transportation
shall develop and implement, not later than January 1, 1996, an
acquisition management system for the Federal Aviation Administration
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 Administrative
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 controlled by socially and economically
disadvantaged individuals;
(5) The Competition in Contracting Act;
(6) Subchapter V of Chapter 35 of title 31, relating 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 providing authority
to promulgate regulations in the Federal Acquisition
Regulation.
(c) This section shall take effect on April 1, 1996.
(176)Page 54, after line 17, insert:
Sec. 352. Funds provided in this Act for bonuses and cash awards
for employees of the Department of Transportation 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
bonuses and cash awards.
(177)Page 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.
(178)Page 54, after line 17, insert:
Sec. 354. Notwithstanding any other provision of law, the Secretary
may use funds appropriated under this Act, 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.
(179)Page 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 designated 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''.
(180)Page 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 management efficiencies within the small
boat unit system, such as modifying the operational posture of units or
reallocating resources as necessary to ensure the safety of the
maritime public nationwide, provided that no stations or subunits may
be closed.
(181)Page 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 available 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.
(182)Page 54, after line 17, insert:
Sec. 358. Transfer of Certain Federal Property 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
(2) by striking ``Stat. 220), and'' in subsection (b) and
all that follows through ``New Jersey; concurrent with'' and
inserting the following: ``Stat. 220);
concurrent with''.
(183)Page 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 subsection (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 implementation 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 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
facilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
(184)Page 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--
(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 carrier'',
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 ``commercial air
carrier'' means an air carrier that provides 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).
(7) Nonhub airport.--The term ``nonhub airport'' 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 transportation
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 service
that is provided from nonhub airports is
provided on--
(I) regional commuter commercial
air carriers; or
(II) major air carriers;
(ii) the type of aircraft employed in
providing passenger service at nonhub airports;
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 between 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 commercial 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;
(D) the number of small communities that have lost
air service as a result of the deregulation 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 subparagraph (D)
occurred, jet air service was replaced by turbo prop
air service; and
(F) with respect to the replacement in service
referred to in subparagraph (E), any corresponding
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.
(185)Page 54, after line 17, insert:
SEC. 361. THE RAILROAD SAFETY INSTITUTE.
Of the money appropriated to the United States Department of
Transportation for Transportation Planning, Research and Development,
$1,000,000 shall be made available to establish and operate the
Institute for Railroad Safety as authorized by the Swift Rail
Development Act of 1994.
(186)Page 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 between the
United States and Japan was approximately $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'';
(5) United States air carriers have made substantial
economic investment in reliance upon the expectation 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 bilateral 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 requested routes;
(2) calls upon the President of the United States to
identify strong and appropriate forms of countermeasures 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 appropriate to ensure the
Government of Japan abides by the terms of the United States/
Japan bilateral aviation agreement.
(187)Page 54, after line 17, insert:
Sec. 363. The Secretary of Transportation is hereby authorized and
directed to enter into an agreement modifying 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
Department of Transportation and Related Agencies Appropriations 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
Secretary may enter into an agreement requiring an interest rate that
is higher than that specified therein.
(188)Page 54, after line 17, insert:
SEC. 364. ELIMINATION OF CERTAIN HIGHWAY SAFETY ADVISORY COMMITTEES.
(a) National Highway Safety Advisory Committee.--
(1) In general.--Section 404 of title 23, United 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 Regulatory 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 chapter 311
of title 49, United States Code, is amended 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 Regulatory
Review Panel''; and
(ii) in subsection (b)--
(I) in paragraph (2), by striking
``the Panel or''; and
(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
inserting the following:
``(b) Annual Analysis by the Secretary.--The Secretary annually
shall analyze State laws and regulations and decide which of the laws
and regulations are related 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
prescribes a regulation under section
31136, whichever is later, the
Secretary shall--''; and
(II) in paragraph (5), by striking
``(5)(A) In'' and all that follows
through ``(B) In'' and inserting ``(5)
In''.
(189)Page 54, after line 17, insert:
SEC. 365. DELAY OF RESTRICTION ON AVAILABILITY OF CERTAIN HIGHWAY
FUNDS; NATIONAL HIGHWAY SYSTEM DESIGNATION.
(a) Delay of Restriction on Availability of Certain 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.--Section 103 of title 23,
United States Code, is amended by inserting 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 Transportation 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--
``(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 connection
to the route segment;
if the total mileage of the National Highway System
(including any route segment or connection proposed to
be added under this subparagraph) does not exceed
165,000 miles (265,542 kilometers).
``(B) Procedures for changes requested by states.--
Each State that makes a request for a change in the
National Highway System pursuant to subparagraph (A)
shall establish 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 transportation
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 Secretary may approve
a request made by a State for a change in the National Highway
System pursuant to 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 System.''.
(190)Page 55, strike out line 1 and all that follows over to and
including line 6 on page 63
(191)Page 63, strike out lines 7 through 11
Attest:
Secretary.
104th CONGRESS
1st Session
H. R. 2002
_______________________________________________________________________
AMENDMENTS
HR 2002 EAS----2
HR 2002 EAS----3
HR 2002 EAS----4
HR 2002 EAS----5