Note: This document is the unofficial version of a Bill or Resolution. The printed Bill and Resolution produced by the Government Printing Office is the only official version.

VERSION House Appropriation Bill as Passed by Senate

CONGRESS 104th CONGRESS 1st Session

BILL H. R. 2002

TITLE --------------------

IN THE HOUSE OF REPRESENTATIVES

AUGUST 11, 1995

Ordered to be printed with the amendments of the Senate numbered

--------------------

TEXT AN ACT

Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1996, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending September 30, 1996, and for other purposes, namely:

TITLE I

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary,1 $56,500,000, of which not to exceed 2 $60,000 shall be available as the Secretary may determine for allocation within the Department for official reception and representation expenses: Provided, That notwithstanding any other provision of law, there may be credited to this appropriation up to $1,000,000 in funds received in user fees established to support the electronic tariff filing system: Provided further, That none of the funds appropriated in this Act or otherwise made available may be used to maintain 3 custody of airline tariffs that are already available for public and departmental access at no cost; to secure them against detection, alteration, or tampering; 4 and open to inspection by the Department.

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, 5 $12,083,000, and in addition, $809,000, to be derived from `Federal-aid Highways` subject to the `Limitation on General Operating Expenses`.

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning, research, systems development, and development activities, to remain available until expended, 6 $9,710,000.

WORKING CAPITAL FUND

Necessary expenses for operating costs and capital outlays of the Department of Transportation Working Capital Fund associated with the provision of services to entities within the Department of Transportation, not to exceed 7 $104,364,000 shall be paid, in accordance with law, from appropriations made available to the Department of Transportation.

PAYMENTS TO AIR CARRIERS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

For liquidation of obligations incurred for payments to air carriers of so much of the compensation fixed and determined under subchapter II of chapter 417 of title 49, United States Code, as is payable by the Department of Transportation, 8 $26,738,536, to remain available until expended and to be derived from the Airport and Airway Trust Fund: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs in excess of 9 $26,738,536 for the Payments to Air Carriers program in fiscal year 1996: Provided further, That none of the funds in this Act shall be used by the Secretary of Transportation to make payment of compensation under subchapter II of chapter 417 of title 49, United States Code, in excess of the appropriation in this Act for liquidation of obligations incurred under the `Payments to air carriers` program: Provided further, That none of the funds in this Act shall be used for the payment of claims for such compensation except in accordance with this provision: Provided further, That none of the funds in this Act shall be available for service to communities in the forty-eight contiguous States that are located fewer than 10 seventy-five highway miles from the nearest large or medium 11 or small hub airport, 12 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), or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than two hundred 13 miles from the nearest large or medium hub airport: Provided further, That of funds provided for `Small Community Air Service` by Public Law 101-508, 14 $11,861,464 in fiscal year 1996 is hereby rescinded 15 .

PAYMENTS TO AIR CARRIERS

(RESCISSION)

Of the budgetary resources remaining available under this heading, $6,786,971 are rescinded.

RENTAL PAYMENTS

For necessary expenses for rental of headquarters and field space not to exceed 8,580,000 square feet and for related services assessed by the General Services Administration, 16 $139,689,000: Provided, That of this amount, $1,897,000 shall be derived from the Highway Trust Fund, $41,441,000 shall be derived from the Airport and Airway Trust Fund, $836,000 shall be derived from the Pipeline Safety Fund, and $169,000 shall be derived from the Harbor Maintenance Trust Fund: Provided further, That in addition, for assessments by the General Services Administration related to the space needs of the Federal Highway Administration, 17 $17,685,000, to be derived from `Federal-aid Highways`, subject to the `Limitation on General Operating Expenses`.

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of direct loans, $1,500,000, as authorized by 49 U.S.C. 332: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $15,000,000. In addition, for administrative expenses to carry out the direct loan program, $400,000.

MINORITY BUSINESS OUTREACH

For necessary expenses of the Minority Business Resource Center outreach activities, 18 $2,100,000, of which 19 $1,842,000 shall remain available until September 30, 1997 20 : Provided, That notwithstanding 49 U.S.C. 332, these funds may be used for business opportunities related to any mode of transportation.

21 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.

COAST GUARD

OPERATING EXPENSES

For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed five passenger motor vehicles for replacement only; payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and recreation and welfare; 22 $2,286,000,000, of which $25,000,000 shall be derived from the Oil Spill Liability Trust Fund 23 : Provided, That the number of aircraft on hand at any one time shall not exceed two hundred and eighteen, exclusive of aircraft and parts stored to meet future attrition: Provided further, That none of the funds appropriated in this or any other Act shall be available for pay or administrative expenses in connection with shipping commissioners in the United States: Provided further, That none of the funds provided in this Act shall be available for expenses incurred for yacht documentation under 46 U.S.C. 12109, except to the extent fees are collected from yacht owners and credited to this appropriation: Provided further, That the Commandant shall reduce both military and civilian employment levels for the purpose of complying with Executive Order No. 12839 24 .

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, 25 $366,800,000, of which $32,500,000 shall be derived from the Oil Spill Liability Trust Fund; of which 26 $178,000,000 shall be available to acquire, repair, renovate or improve vessels, small boats and related equipment, to remain available until September 30, 2000; 27 $14,500,000 shall be available to acquire new aircraft and increase aviation capability, to remain available until September 30, 1998; 28 $47,600,000 shall be available for other equipment, to remain available until September 30, 1998; 29 $80,200,000 shall be available for shore facilities and aids to navigation facilities, to remain available until September 30, 1998; and 30 $46,500,000 shall be available for personnel compensation and benefits and related costs, to remain available until September 30, 1996: Provided, That funds received from the sale of the VC-11A and HU-25 aircraft shall be credited to this appropriation for the purpose of acquiring new aircraft and increasing aviation capacity 31 32 : 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.

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the Coast Guard`s environmental compliance and restoration functions under chapter 19 of title 14, United States Code, $21,000,000, to remain available until expended.

33 Port Safety Development

For necessary expenses for debt retirement of the Port of Portland, Oregon, $15,000,000 to remain available until expended.

ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive bridges, 34 $2,000,000, to remain available until expended.

RETIRED PAY

For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman`s Family Protection and Survivor Benefits Plans, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55), $582,022,000.

RESERVE TRAINING

For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; 35 $62,000,000.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses, not otherwise provided for, for applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law, 36 $20,000,000, to remain available until expended, of which $3,150,000 shall be derived from the Oil Spill Liability Trust Fund: Provided, That there may be credited to this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries, for expenses incurred for research, development, testing, and evaluation.

37

38

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

39 (including transfer of funds) For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities and the operation (including leasing) and maintenance of aircraft, and carrying out the provisions of subchapter I of chapter 471 of title 49, U.S. Code, or other provisions of law authorizing the obligation of funds for similar programs of airport and airway development or improvement, lease or purchase of four passenger motor vehicles for replacement only, 40 $4,550,000,000, of which 41 $1,865,000,000 shall be derived from the Airport and Airway Trust Fund: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses incurred in the provision of 42 agency services, including 43 receipts for the maintenance and operation of air navigation facilities and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair or alteration forms 44 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: Provided further, That funds may be used to enter into a grant agreement with a nonprofit standard setting organization to assist in the development of aviation safety standards: Provided further, That none of the funds in this Act shall be available for new applicants for the second career training program: Provided further, That none of the funds in this Act shall be available for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay 45 : 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 : 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.

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities and equipment as authorized under part A of subtitle VII of title 49, U.S. Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; and construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this head; to be derived from the Airport and Airway Trust Fund, 47 $1,890,377,000, of which 48 $1,674,377,000 shall remain available until September 30, 1998, 49 of which $216,000,000 shall remain available until September 30, 1996 50 , 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): Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities.

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION)

Of the available balances under this heading, 51 $70,000,000 are rescinded.

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, U.S.C., including construction of experimental facilities and acquisition of necessary sites by lease or grant, 52 $215,886,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 1998: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering, and development.

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(AIRPORT AND AIRWAY TRUST FUND)

53 (including rescission of contract authorization) For liquidation of obligations incurred for grants-in-aid for airport planning and development, and for noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, U.S. Code, and under other law authorizing such obligations, $1,500,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the obligations for which are in excess of 54 $1,250,000,000 in fiscal year 1996 for grants-in-aid for airport planning and development, and noise compatibility planning and programs, notwithstanding section 47117(h) of title 49, U.S. Code 55 : 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 : Provided further, That of the available contract authority balances under this account, $5,000,000 are rescinded.

AVIATION INSURANCE REVOLVING FUND

The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of funds available pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program for aviation insurance activities under chapter 443 of title 49, U.S. Code.

AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM

None of the funds in this Act shall be available for activities under this head the obligations for which are in excess of $1,600,000 during fiscal year 1996.

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON GENERAL OPERATING EXPENSES

Necessary expenses for administration, operation, including motor carrier safety program operations, and research of the Federal Highway Administration not to exceed 57 $548,434,000 shall be paid in accordance with law from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: Provided, That 58 $248,909,000 of the amount provided herein shall remain available until September 30, 1998.

HIGHWAY-RELATED SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402 administered by the Federal Highway Administration, to remain available until expended, 59 $13,000,000, to be derived from the Highway Trust Fund: Provided, That not to exceed $100,000 of the amount made available herein shall be available for `Limitation on general operating expenses`: Provided further, That none of the funds in this Act shall be available for the planning or execution of programs the obligations for which are in excess of 60 $13,000,000 in fiscal year 1996 for `Highway-Related Safety Grants`.

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

None of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of 61 $17,000,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 1996.

FEDERAL-AID HIGHWAYS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For carrying out the provisions of title 23, United States Code, that are attributable to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise provided, including reimbursements for sums expended pursuant to the provisions of 23 U.S.C. 308, $19,200,000,000 or so much thereof as may be available in and derived from the Highway Trust Fund, to remain available until expended.

RIGHT-OF-WAY REVOLVING FUND

(LIMITATION ON DIRECT LOANS)

(HIGHWAY TRUST FUND)

None of the funds under this head are available for obligations for right-of-way acquisition during fiscal year 1996.

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out 49 U.S.C. 31102, $68,000,000, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of 62 $75,000,000 for `Motor Carrier Safety Grants`. 63 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.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety under part C of subtitle VI of title 49, United States Code, and chapter 301 of title 49, United States Code, 64 $71,261,000, of which 65 $36,770,676 shall remain available until September 30, 1998 66 .

OPERATIONS AND RESEARCH

(HIGHWAY TRUST FUND)

For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety under 23 U.S.C. 403 and section 2006 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240), to be derived from the Highway Trust Fund, 67 $50,344,000, of which 68 $31,716,720 shall remain available until September 30, 1998. 69

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For payment of obligations incurred carrying out the provisions of 23 U.S.C. 153, 402, 408, and 410, Chapter 303 of title 49, United States Code, and section 209 of Public Law 95-599, as amended, to remain available until expended, 70 $155,100,000, to be derived from the Highway Trust Fund: Provided, That, notwithstanding subsection 2009(b) of the Intermodal Surface Transportation Efficiency Act of 1991, none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 1996, are in excess of 71 $155,100,000 for programs authorized under 23 U.S.C. 402 and 410, as amended, of which 72 $128,000,000 shall be for `State and community highway safety grants`, 73 $2,100,000 shall be for the `National Driver Register` 74 subject to authorization, and $25,000,000 shall be for section 410 `Alcohol-impaired driving countermeasures programs` 75 : Provided further, That not to exceed 76 $5,211,000 of the funds made available for section 402 may be available for administering `State and community highway safety grants`: Provided further, That not to exceed $500,000 of the funds made available for section 410 `Alcohol-impaired driving counter-measures programs` 77 shall be available for technical assistance to the States: Provided further, That not to exceed 78 $777,000 of the funds made available for the `National Driver Register` may be available for administrative expenses.

FEDERAL RAILROAD ADMINISTRATION

OFFICE OF THE ADMINISTRATOR

For necessary expenses of the Federal Railroad Administration, not otherwise provided for, 79 $14,018,000, of which $1,508,000 shall remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of a program making commitments to guarantee new loans under the Emergency Rail Services Act of 1970, as amended, and no new commitments to guarantee loans under section 211(a) or 211(h) of the Regional Rail Reorganization Act of 1973, as amended, shall be made: Provided further, That, as part of the Washington Union Station transaction in which the Secretary assumed the first deed of trust on the property and, where the Union Station Redevelopment Corporation or any successor is obligated to make payments on such deed of trust on the Secretary`s behalf, including payments on and after September 30, 1988, the Secretary is authorized to receive such payments directly from the Union Station Redevelopment Corporation, credit them to the appropriation charged for the first deed of trust, and make payments on the first deed of trust with those funds: Provided further, That such additional sums as may be necessary for payment on the first deed of trust may be advanced by the Administrator from unobligated balances available to the Federal Railroad Administration, to be reimbursed from payments received from the Union Station Redevelopment Corporation.

RAILROAD SAFETY

For necessary expenses in connection with railroad safety, not otherwise provided for, 80 $49,105,000, of which $2,687,000 shall remain available until expended.

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development, 81 $25,775,000, to remain available until expended.

NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

For necessary expenses related to Northeast Corridor improvements authorized by title VII of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et seq.) and 49 U.S.C. 24909, 82 $130,000,000, to remain available until September 30, 1998.

RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided, That no new loan guarantee commitments shall be made during fiscal year 1996.

NATIONAL MAGNETIC LEVITATION PROTOTYPE DEVELOPMENT

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

None of the funds in this Act shall be available for the planning or execution of the National Magnetic Levitation Prototype Development program as defined in subsections 1036(b) and 1036(d)(1)(A) of the Intermodal Surface Transportation Efficiency Act of 1991.

NEXT GENERATION HIGH SPEED RAIL

For necessary expenses for Next Generation High Speed Rail 83 studies, corridor planning, development, demonstration, and implementation, $20,000,000, to remain available until expended 84 : 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.

TRUST FUND SHARE OF NEXT GENERATION HIGH SPEED RAIL

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For grants and payment of obligations incurred in carrying out the provisions of the High Speed Ground Transportation program as defined in subsections 1036(c) and 1036(d)(1)(B) of the Intermodal Surface Transportation Efficiency Act of 1991, including planning and environmental analyses, $5,000,000, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $5,000,000. 85 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 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 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.

GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation authorized by 49 U.S.C. 24104, 88 $605,000,000, to remain available until expended, of which 89 $305,000,000 shall be available for operating losses and for mandatory passenger rail service payments, 90 $100,000,000 shall be for transition costs incurred by the Corporation, and 91 $200,000,000 shall be for capital improvements: Provided, 92 That funding under this head for capital improvements shall not be made available before July 1, 1996: Provided further, That none of the funds herein appropriated shall be used for lease or purchase of passenger motor vehicles or for the hire of vehicle operators for any officer or employee, other than the president of the Corporation, excluding the lease of passenger motor vehicles for those officers or employees while in official travel status.

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit Administration`s programs authorized by chapter 53 of title 49, United States Code, 93 $42,000,000.

FORMULA GRANTS

For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2), 5311, and 5336, to remain available until expended, 94 $985,000,000: Provided, That no more than 95 $2,105,850,000 of budget authority shall be available for these purposes: Provided further, That of the funds provided under this head for formula grants, no more than $400,000,000 may be used for operating assistance under 49 U.S.C. 5336(d) 96 : 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 : 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.

UNIVERSITY TRANSPORTATION CENTERS

For necessary expenses for university transportation centers as authorized by 49 U.S.C. 5317(b), to remain available until expended, $6,000,000.

TRANSIT PLANNING AND RESEARCH

For necessary expenses for transit planning and research as authorized by 49 U.S.C. 5303, 5311, 5313, 5314, and 5315, to remain available until expended, 98 $90,000,000.

TRUST FUND SHARE OF EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out 49 U.S.C. 5338(a), $1,120,850,000, to remain available until expended and to be derived from the Highway Trust Fund: Provided, That 99 $1,120,850,000 shall be paid from the Mass Transit Account of the Highway Trust Fund to the Federal Transit Administration`s formula grants account.

DISCRETIONARY GRANTS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

None of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $1,665,000,000 in fiscal year 1996 for grants under the contract authority in 49 U.S.C. 5338(b): Provided, That there shall be available for fixed guideway modernization, $666,000,000; there shall be available for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities, $333,000,000; and 100 , 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: $42,410,000 for the Atlanta-North Springs project; 101 $22,620,000 for the South Boston Piers (MOS-2) project; 102 $3,500,000 for the DART North Central light rail extension project 105 ; 106 $7,000,000 for the Dallas-Fort Worth RAILTRAN project 107 ; $10,000,000 for the Florida Tri-County commuter rail project 108 ; $22,630,000 for the Houston Regional Bus project; 109 $45,000,000 for the Los Angeles Metro Rail (MOS-3); 111 $15,000,000 for the MARC commuter rail project; 113 $22,630,000 for the Maryland Central Corridor LRT project; $2,000,000 for the Miami-North 27th Avenue project 114 ; 115 $85,500,000 for the New Jersey Urban Core-Secaucus project; 117 $160,000,000 for the New York Queens Connection project; 119 $130,140,000 for the Portland Westside LRT project; 121 $13,000,000 for the St. Louis Metro Link LRT project; 123 $14,519,000 for the Salt Lake City light rail project 124 ; 125 $22,620,000 for the San Francisco BART 126 extension/tasman corridor project; 127 ; 131 $11,300,000 for the Burlington-Charlotte, Vermont commuter rail project; and 132 $5,000,000 for the Chicago central area circulator.

MASS TRANSIT CAPITAL FUND

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out 49 U.S.C. 5338(b) administered by the Federal Transit Administration, 133 $1,700,000,000 to be derived from the Highway Trust Fund and to remain available until expended.

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

For necessary expenses to carry out the provisions of section 14 of Public Law 96-184 and Public Law 101-551, 134 $170,000,000, to remain available until expended.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation`s budget for the current fiscal year 135 : 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.

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses for operation and maintenance of those portions of the Saint Lawrence Seaway operated and maintained by the Saint Lawrence Seaway Development Corporation, 136 $10,150,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662.

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

RESEARCH AND SPECIAL PROGRAMS

For expenses necessary to discharge the functions of the Research and Special Programs Administration, 137 $24,281,000, of which $574,000 shall be derived from the Pipeline Safety Fund, and of which $7,606,000 shall remain available until September 30, 1998 138 : Provided further, That up to $1,000,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as offsetting receipts: Provided further, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination.

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

For expenses necessary to conduct the functions of the pipeline safety program for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107 and the Hazardous Liquid Pipeline Safety Act of 1979, as amended, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, 139 $32,973,000, of which $2,698,000 shall be derived from the Oil Spill Liability Trust Fund and shall remain available until September 30, 1998; and of which 140 $30,275,000 shall be derived from the Pipeline Safety Fund, of which $19,423,000 shall remain available until September 30, 1998: Provided, That from amounts made available herein from the Pipeline Safety Fund, not to exceed 141 $1,500,000 shall be available for grants to States for the development and establishment of one-call notification systems.

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

For necessary expenses to carry out 49 U.S.C. 5127(c), $400,000 to be derived from the Emergency Preparedness Fund, to remain available until September 30, 1998: Provided, That not more than 142 $9,200,000 shall be made available for obligation in fiscal year 1996 from amounts made available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That no such funds shall be made available for obligation by individuals other than the Secretary of Transportation, or his designees.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, 143 $39,891,200.

144 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.

TITLE II

RELATED AGENCIES

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

SALARIES AND EXPENSES

For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, 145 $3,500,000: Provided, That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses.

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), 146 $37,500,000, of which not to exceed $1,000 may be used for official reception and representation expenses.

EMERGENCY FUND

For necessary expenses of the National Transportation Safety Board for accident investigations, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), 147 $360,802 to remain available until expended.

INTERSTATE COMMERCE COMMISSION

148

SALARIES AND EXPENSES

For necessary expenses of the Interstate Commerce Commission, $13,379,000 shall be for severance, closing costs, and for other expenses.

PAYMENTS FOR DIRECTED RAIL SERVICE

(LIMITATION ON OBLIGATIONS)

None of the funds provided in this Act shall be available for the execution of programs the obligations for which can reasonably be expected to exceed $475,000 for directed rail service authorized under 49 U.S.C. 11125 or any other Act.

PANAMA CANAL COMMISSION

PANAMA CANAL REVOLVING FUND

For administrative expenses of the Panama Canal Commission, including not to exceed $11,000 for official reception and representation expenses of the Board; not to exceed $5,000 for official reception and representation expenses of the Secretary; and not to exceed $30,000 for official reception and representation expenses of the Administrator, $50,741,000, to be derived from the Panama Canal Revolving Fund: Provided, That funds available to the Panama Canal Commission shall be available for the purchase of not to exceed 38 passenger motor vehicles for replacement only (including large heavy-duty vehicles used to transport Commission personnel across the Isthmus of Panama), the purchase price of which shall not exceed $19,500 per vehicle.

TITLE III

GENERAL PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

Sec. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). Sec. 302. Funds for the Panama Canal Commission may be apportioned notwithstanding 31 U.S.C. 1341 to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law that are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions. Sec. 303. Funds appropriated under this Act for expenditures by the Federal Aviation Administration shall be available (1) except as otherwise authorized by 149 title VIII of the Elementary and Secondary Education Act of 1965, 20 U.S.C. 7701, et. seq., for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents, and (2) for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis. Sec. 304. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV. Sec. 305. None of the funds for the Panama Canal Commission may be expended unless in conformance with the Panama Canal Treaties of 1977 and any law implementing those treaties. Sec. 306. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. Sec. 307. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. Sec. 308. The Secretary of Transportation may enter into grants, cooperative agreements, and other transactions with any person, agency, or instrumentality of the United States, any unit of State or local government, any educational institution, and any other entity in execution of the Technology Reinvestment Project authorized under the Defense Conversion, Reinvestment and Transition Assistance Act of 1992 and related legislation: Provided, That the authority provided in this section may be exercised without regard to section 3324 of title 31, United States Code. Sec. 309. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 310. (a) For fiscal year 1996 the Secretary of Transportation shall distribute the obligation limitation for Federal-aid highways by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways that are apportioned or allocated to each State for such fiscal year bear to the total of the sums authorized to be appropriated for Federal-aid highways that are apportioned or allocated to all the States for such fiscal year. (b) During the period October 1 through December 31, 1995, no State shall obligate more than 25 per centum of the amount distributed to such State under subsection (a), and the total of all State obligations during such period shall not exceed 12 per centum of the total amount distributed to all States under such subsection. (c) Notwithstanding subsections (a) and (b), the Secretary shall -

(1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways that have been apportioned to a State;

(2) after August 1, 1996, revise a distribution of the fundsmade available under subsection (a) if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year giving priority to those States having large unobligated balances of funds apportioned under sections 103(e)(4), 104, and 144 of title 23, United States Code, and under sections 1013(c) and 1015 of Public Law 102-240; and

(3) not distribute amounts authorized for administrative expenses and funded from the administrative takedown authorized by section 104(a), title 23 U.S.C., the Federal lands highway program, the intelligent vehicle highway systems program, and amounts made available under sections 1040, 1047, 1064, 6001, 6005, 6006, 6023, and 6024 of Public Law 102-240, and 49 U.S.C. 5316, 5317, and 5338: Provided, That amounts made available under section 6005 of Public Law 102-240 shall be subject to the obligation limitation for Federal-aid highways and highway safety construction programs under the head `Federal-Aid Highways` in this Act. (d) During the period October 1 through December 31, 1995, the aggregate amount of obligations under section 157 of title 23, United States Code, for projects covered under section 147 of the Surface Transportation Assistance Act of 1978, section 9 of the Federal-Aid Highway Act of 1981, sections 131(b), 131(j), and 404 of Public Law 97-424, sections 1061, 1103 through 1108, 4008, and 6023(b)(8) and 6023(b)(10) of Public Law 102-240, and for projects authorized by Public Law 99-500 and Public Law 100-17, shall not exceed $277,431,840. (e) During the period August 2 through September 30, 1996, the aggregate amount which may be obligated by all States 150 shall not exceed 2.5 percent of the aggregate amount of funds apportioned or allocated to all States - (1) under sections 104 and 144 of title 23, United States Code, and 1013(c) and 1015 of Public Law 102-240, and (2) for highway assistance projects under section 103(e)(4) of title 23, United States Code, which would not be obligated in fiscal year 1996 if the total amount of the obligation limitation provided for such fiscal year in this Act were utilized. (f) Paragraph (e) shall not apply to any State which on or after August 1, 1996, has the amount distributed to such State under paragraph (a) for fiscal year 1996 reduced under paragraph (c)(2). Sec. 311. None of the funds in this Act shall be available for salaries and expenses of more than one hundred 151 political and Presidential appointees in the Department of Transportation: Provided, That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation. Sec. 312. The limitation on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obligation, or to any other authority previously made available for obligation under the discretionary grants program. 152 Sec. 314. Such sums as may be necessary for fiscal year 1996 pay raises for programs funded in this Act shall be absorbed within the levels appropriated in this Act or previous appropriations Acts. Sec. 315. Funds received by the Research and Special Programs Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training and for reports` publication and dissemination may be credited to the Research and Special Programs account. Sec. 316. None of the funds in this Act shall be available to plan, finalize, or implement regulations that would establish a vessel traffic safety fairway less than five miles wide between the Santa Barbara Traffic Separation Scheme and the San Francisco Traffic Separation Scheme. Sec. 317. Notwithstanding any other provision of law, airports may transfer, without consideration, to the Federal Aviation Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport aid program, airport development aid program or airport improvement program grant. The FAA shall accept such equipment, which shall thereafter be operated and maintained by the FAA in accordance with agency criteria. Sec. 318. None of the funds in this Act shall be available to award a multiyear contract for production end items that (1) includes economic order quantity or long lead time material procurement in excess of $10,000,000 in any one year of the contract or (2) includes a cancellation charge greater than $10,000,000 which at the time of obligation has not been appropriated to the limits of the government`s liability or (3) includes a requirement that permits performance under the contract during the second and subsequent years of the contract without conditioning such performance upon the appropriation of funds: Provided, That this limitation does not apply to a contract in which the Federal Government incurs no financial liability from not buying additional systems, subsystems, or components beyond the basic contract requirements. Sec. 319. None of the funds provided in this Act shall be made available for planning and executing a passenger manifest program by the Department of Transportation that only applies to United States flag carriers. Sec. 320. None of the funds made available in this Act may be used to implement, administer, or enforce the provisions of section 1038(d) of Public Law 102-240. Sec. 321. Notwithstanding any other provision of law, and except for fixed guideway modernization projects, funds made available by this Act under `Federal Transit Administration, Discretionary grants` for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 1998, shall be made available for other projects under 49 U.S.C. 5309. Sec. 322. Notwithstanding any other provision of law, any funds appropriated before October 1, 1993, under any section of chapter 53 of title 49 U.S.C., that remain available for expenditure may be transferred to and administered under the most recent appropriation heading for any such section. Sec. 323. None of the funds in this Act shall be available to implement or enforce regulations that would result in the withdrawal of a slot from an air carrier at O`Hare International Airport under section 93.223 of title 14 of the Code of Federal Regulations in excess of the total slots withdrawn from that air carrier as of October 31, 1993 if such additional slot is to be allocated to an air carrier or foreign air carrier under section 93.217 of title 14 of the Code of Federal Regulations. Sec. 324. None of the funds made available by this Act may be obligated or expended to design, construct, erect, modify or otherwise place any sign in any State relating to any speed limit, distance, or other measurement on any highway if such sign establishes such speed limit, distance, or other measurement using the metric system. Sec. 325. Notwithstanding any other provisions of law, tolls collected for motor vehicles on any bridge connecting the boroughs of Brooklyn, New York, and Staten Island, New York, shall continue to be collected for only those vehicles exiting from such bridge in Staten Island. Sec. 326. None of the funds in this Act may be used to compensate in excess of 335 technical staff years under the federally-funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 1996. Sec. 327. Funds provided in this Act for the Department of Transportation working capital fund (WCF) shall be reduced by 153 $5,000,000, which limits fiscal year 1996 WCF obligational authority for elements of the Department of Transportation funded in this Act to no more than 154 $99,364,000: Provided, That such reductions from the budget request shall be allocated by the Department of Transportation to each appropriations account in proportion to the amount included in each account for the working capital fund. Sec. 328. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration`s `Limitation on General Operating Expenses` account, the Federal Transit Administration`s `Transit Planning and Research` account, and to the Federal Railroad Administration`s `Railroad Safety` account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. Sec. 329. (a) Purchase of American-Made Equipment and Products. - It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made. (b) Notice Requirement. - In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress. 155 Sec. 331. Notwithstanding 15 U.S.C. 631 et seq. and 10 U.S.C. 2301 et seq. as amended, the United States Coast Guard acquisition of 47-foot Motor Life Boats for fiscal years 1995 through 2000 shall be subject to full and open competition for all U.S. shipyards. Accordingly, the Federal Acquisition Regulations (FAR) (including but not limited to FAR Part 19), shall not apply to the extent they are inconsistent with a full and open competition. Sec. 332. None of the funds in this Act may be used for planning, engineering, design, or construction of a sixth runway at the new Denver International Airport, Denver, Colorado: Provided, That this provision shall not apply in any case where the Administrator of the Federal Aviation Administration determines, in writing, that safety conditions warrant obligation of such funds. Sec. 333. (a) Section 5302(a)(1) of title 49, United States Code, is amended by striking - (1) in subparagraph (B), `that extends the economic life of the bus for at least 5 years`; and (2) in subparagraph (C), `that extends the economic life of the bus for at least 8 years`. (b) The amendments made by this section shall not take effect before March 31, 1996. Sec. 334. Notwithstanding 31 U.S.C. 3302, funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to the provisions of section 6006 of the Intermodal Surface Transportation Efficiency Act of 1991, may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses: Provided, That such funds shall not be subject to the obligation limitation for Federal-aid highways and highway safety construction. Sec. 335. Of the budgetary resources provided to the Department of Transportation 156 during fiscal year 1996, $25,000,000 are permanently canceled: Provided, That the Secretary of Transportation shall reduce the existing field office structure, and to the extent practicable 157 consolidate the Department`s 158 administrative activities: Provided further, That the Secretary may for the purpose of consolidation of offices and facilities other than those at Headquarters, after notification to and approval of the House and Senate Committees on Appropriations, transfer the funds made available by this Act for civilian and military personnel compensation and benefits and other administrative expenses to other appropriations made available to the Department of Transportation as the Secretary may designate, to be merged with and to be available for the same purposes and for the same time period as the appropriations of funds to which transferred: Provided further, That no appropriation shall be increased or decreased by more than ten per centum by all such transfers 159 : 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. Sec. 336. The Secretary of Transportation is authorized to transfer funds appropriated 160 in this Act to `Rental payments` for any expense authorized by that appropriation in excess of the amounts provided in this Act: Provided, That prior to any such transfer, notification shall be provided to the House and Senate Committees on Appropriations. 161 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 Sec. 339. (a) Except as provided in subsection (b) of this section, 180 days after attaining eligibility for an immediate retirement annuity under 5 U.S.C. 8336 or 5 U.S.C. 8412, an individual shall not be eligible to receive compensation under 5 U.S.C. 8105-8106 resulting from work injuries associated with employment with the Department of Transportation (excluding the Maritime Administration). (b) An individual who, on the date of enactment of this Act, is eligible to receive an immediate annuity described in subsection (a) may continue to receive such compensation under 5 U.S.C. 8105-8106 until March 31, 1996. 163 (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. 164 165 167 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 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 0year 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 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 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 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 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 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 .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 .39 `South Carolina 1.05 `South Dakota 0.55 `Tennessee 2.13 `Texas 7.64 `Utah 1.04 `Vermont .22 `Virginia 2.91 `Washington 1.78 `West Virginia 0.58 `Wisconsin 1.41 `Wyoming 0.74 `Puerto Rico .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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 b y 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 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

191 This Act may be cited as the `Department of Transportation and Related Agencies Appropriations Act, 1996`. Passed the House of Representatives July 25, 1995.

Attest: ROBIN H. CARLE, Clerk.

Passed the Senate August 10 (legislative day, July 10), 1995.

Attest: SHEILA P. BURKE,

Secretary.

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