Calendar No. 163

104TH CONGRESS

1ST SESSION H. R. 2002

[Report No. 104–126]

AN ACT

Making appropriations for the Department of

purposes.year ending September 30, 1996, and for otherTransportation and related agencies for the fiscal

AUGUST 4 (legislative day, JULY 10), 1995

Reported with amendments
Calendar No. 163

104TH CONGRESS

1ST SESSION H. R. 2002

[Report No. 104–126]

IN THE SENATE OF THE UNITED STATES

JULY 26 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on Appropriations

AUGUST 4 (legislative day, JULY 10), 1995

Reported by Mr. HATFIELD, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

Making appropriations for the Department of Transportation

and related agencies for the fiscal year ending September

30, 1996, and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Department of Transportation and related agencies for

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

7 purposes, namely:
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1 TITLE I

2 DEPARTMENT OF TRANSPORTATION

3 OFFICE OF THE SECRETARY

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Secretary,

6 $55,011,500 $56,500,000, of which not to exceed $40,000

7 $60,000 shall be available as the Secretary may determine

8 for allocation within the Department for official reception

9 and representation expenses: Provided, That notwith10 standing any other provision of law, there may be credited

11 to this appropriation up to $1,000,000 in funds received

12 in user fees established to support the electronic tariff fil13 ing system: Provided further, That none of the funds ap14 propriated in this Act or otherwise made available may

15 be used to maintain duplicate physical copies custody of

16 airline tariffs that are already available for public and de17 partmental access at no cost; to secure them against detec18 tion, alteration, or tampering; or open them and open to

19 inspection by the Department.

20 OFFICE OF CIVIL RIGHTS

21 For necessary expenses of the Office of Civil Rights,

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

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

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

2 DEVELOPMENT

3 For necessary expenses for conducting transportation

4 planning, research, systems development, and development

5 activities, to remain available until expended, $3,309,000

6 $9,710,000.

7 WORKING CAPITAL FUND

8 Necessary expenses for operating costs and capital

9 outlays of the Department of Transportation Working

10 Capital Fund associated with the provision of services to

11 entities within the Department of Transportation, not to

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

14 the Department of Transportation.

15 PAYMENTS TO AIR CARRIERS

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (AIRPORT AND AIRWAY TRUST FUND)

18 (INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

19 For liquidation of obligations incurred for payments

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

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

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

23 Transportation, $15,000,000 $26,738,536, to remain avail24 able until expended and to be derived from the Airport

25 and Airway Trust Fund: Provided, That none of the funds

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

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

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

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

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

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

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

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

15 seventy seventy-five highway miles from the nearest large

16 or medium or small hub airport, or that require a rate

17 of subsidy per passenger in excess of $200 unless such

18 point is greater than two hundred and ten miles from the

19 nearest large or medium hub airport: Provided further,

20 That of funds provided for ‘‘Small Community Air Serv21 ice’’ by Public Law 101–508, $23,600,000 $11,861,464 in

22 fiscal year 1996 is hereby rescinded:–Provided further,

23 That, notwithstanding any other provision of law, effective

24 January 1, 1996 no point in the 48 contiguous States and

25 Hawaii eligible for compensated transportation in fiscal
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1 year 1996 under subchapter II of chapter 417 of title 49,

2 United States Code, including 49 U.S.C. 41734(d), shall

3 receive such transportation unless a State, local govern4 ment, or other non-Federal entity agrees to pay at least

5 fifty percent of the cost of providing such transportation,

6 as determined by the Secretary of Transportation: Pro7 vided further, That the Secretary may require the entity

8 or entities agreeing to pay such amounts to make advance

9 payments or provide other security to ensure that timely

10 payments are made: Provided further, That, notwithstand11 ing any other provision of law, points covered by the cost12 sharing provisions under this head for which no State,

13 local government, or non-Federal entity agrees to pay at

14 least fifty percent of the cost of providing such transpor15 tation shall receive a reduced level of service in fiscal year

16 1996, to be determined by the Secretary as follows: The

17 Secretary shall subtract from the funds made available in

18 this Act so much as is needed to provide compensation

19 to all eligible points for which a State, local government,

20 or other non-Federal entity agrees to pay at least fifty

21 percent of the cost of providing such transportation, and,

22 with remaining funds, allocate to each other point an

23 amount reduced by the ratio of the remainder calculated

24 above to all funds made available in this Act: Provided

25 further, That the Secretary shall allocate any funds that
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1 become unallocated as the year progresses to those points

2 for which a State, local government, or other non-Federal

3 entity does not agree to pay at least fifty percent of the

4 cost of such transportation.

5 PAYMENTS TO AIR CARRIERS

6 (RESCISSION)

7 Of the budgetary resources remaining available under

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

9 RENTAL PAYMENTS

10 For necessary expenses for rental of headquarters

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

12 for related services assessed by the General Services Ad13 ministration, $130,803,000 $139,689,000: Provided, That

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

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

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

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

18 shall be derived from the Harbor Maintenance Trust

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

20 by the General Services Administration related to the

21 space needs of the Federal Highway Administration,

22 $17,099,000 $17,685,000, to be derived from ‘‘Federal-aid

23 Highways’’, subject to the ‘‘Limitation on General Operat24 ing Expenses’’.
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1 MINORITY BUSINESS RESOURCE CENTER PROGRAM

2 For the cost of direct loans, $1,500,000, as author3 ized by 49 U.S.C. 332: Provided, That such costs, includ4 ing the cost of modifying such loans, shall be as defined

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

6 Provided further, That these funds are available to sub7 sidize gross obligations for the principal amount of direct

8 loans not to exceed $15,000,000. In addition, for adminis9 trative expenses to carry out the direct loan program,

10 $400,000.

11 MINORITY BUSINESS OUTREACH

12 For necessary expenses of the Minority Business Re13 source Center outreach activities, $2,900,000 $2,100,000,

14 of which $2,642,000 $1,842,000 shall remain available

15 until September 30, 1997: Provided, That notwithstanding

16 49 U.S.C. 332, these funds may be used for business oppor17 tunities related to any mode of transportation.

18 INTERSTATE COMMERCE COMMISSION SUNSET

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

20 not otherwise provided for, $4,705,000, to transfer residual

21 rail and motor carriers functions from the Interstate Com22 merce Commission to the Department of Transportation.
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1 COAST GUARD

2 OPERATING EXPENSES

3 For necessary expenses for the operation and mainte4 nance of the Coast Guard, not otherwise provided for; pur5 chase of not to exceed five passenger motor vehicles for

6 replacement only; payments pursuant to section 156 of

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

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

9 429(b)); and recreation and welfare; $2,565,607,000

10 $2,286,000,000, of which $25,000,000 shall be derived

11 from the Oil Spill Liability Trust Fund;–and of which

12 $25,000,000 shall be expended from the Boat Safety Ac13 count: Provided, That the number of aircraft on hand at

14 any one time shall not exceed two hundred and eighteen,

15 exclusive of aircraft and parts stored to meet future attri16 tion: Provided further, That none of the funds appro17 priated in this or any other Act shall be available for pay

18 or administrative expenses in connection with shipping

19 commissioners in the United States: Provided further,

20 That none of the funds provided in this Act shall be avail21 able for expenses incurred for yacht documentation under

22 46 U.S.C. 12109, except to the extent fees are collected

23 from yacht owners and credited to this appropriation: Pro24 vided further, That the Commandant shall reduce both

25 military and civilian employment levels for the purpose of
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1 complying with Executive Order No. 12839:–Provided fur2 ther, That of the funds provided for operating expenses

3 for fiscal year 1996, in this or any other Act, not less

4 than $314,200,000 shall be available for drug enforcement

5 activities.

6 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of acquisition, construction,

9 renovation, and improvement of aids to navigation, shore

10 facilities, vessels, and aircraft, including equipment related

11 thereto, $375,175,000 $366,800,000, of which

12 $32,500,000 shall be derived from the Oil Spill Liability

13 Trust Fund; of which $191,200,000 $178,000,000 shall be

14 available to acquire, repair, renovate or improve vessels,

15 small boats and related equipment, to remain available

16 until September 30, 2000; $16,500,000 $14,500,000 shall

17 be available to acquire new aircraft and increase aviation

18 capability, to remain available until September 30, 1998;

19 $42,200,000 $47,600,000 shall be available for other

20 equipment, to remain available until September 30, 1998;

21 $82,275,000 $80,200,000 shall be available for shore facili22 ties and aids to navigation facilities, to remain available

23 until September 30, 1998; and $43,000,000 $46,500,000

24 shall be available for personnel compensation and benefits

25 and related costs, to remain available until September 30,
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1 1996: Provided, That funds received from the sale of the

2 VC–11A and HU–25 aircraft shall be credited to this ap3 propriation for the purpose of acquiring new aircraft and

4 increasing aviation capacity:–Provided further, That the

5 Secretary may transfer funds between projects under this

6 head, not to exceed $50,000,000 in total for the fiscal

7 year, thirty days after notification to the House and Sen8 ate Committees on Appropriations, solely for the purpose

9 of providing funds for facility renovation, construction,

10 exit costs, and other implementation costs associated with

11 Coast Guard streamlining plans: Provided further, That

12 the Commandant shall dispose of surplus real property by

13 sale or lease and the proceeds of such sale or lease shall

14 be credited to this appropriation.

15 ENVIRONMENTAL COMPLIANCE AND RESTORATION

16 For necessary expenses to carry out the Coast

17 Guard’s environmental compliance and restoration func18 tions under chapter 19 of title 14, United States Code,

19 $21,000,000, to remain available until expended.

20 PORT SAFETY DEVELOPMENT

21 For necessary expenses for debt retirement of the Port

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

23 expended.
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1 ALTERATION OF BRIDGES

2 For necessary expenses for alteration or removal of

3 obstructive bridges, $16,000,000 $2,000,000, to remain

4 available until expended.

5 RETIRED PAY

6 For retired pay, including the payment of obligations

7 therefor otherwise chargeable to lapsed appropriations for

8 this purpose, and payments under the Retired Service9 man’s Family Protection and Survivor Benefits Plans, and

10 for payments for medical care of retired personnel and

11 their dependents under the Dependents Medical Care Act

12 (10 U.S.C. ch. 55), $582,022,000.

13 RESERVE TRAINING

14 For all necessary expenses for the Coast Guard Re15 serve, as authorized by law; maintenance and operation

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

17 $61,859,000 $62,000,000.

18 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

19 For necessary expenses, not otherwise provided for,

20 for applied scientific research, development, test, and eval21 uation; maintenance, rehabilitation, lease and operation of

22 facilities and equipment, as authorized by law,

23 $18,500,000 $20,000,000, to remain available until ex24 pended, of which $3,150,000 shall be derived from the Oil

25 Spill Liability Trust Fund: Provided, That there may be
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1 credited to this appropriation funds received from State

2 and local governments, other public authorities, private

3 sources, and foreign countries, for expenses incurred for

4 research, development, testing, and evaluation.

5 BOAT SAFETY

6 (AQUATIC RESOURCES TRUST FUND)

7 For payment of necessary expenses incurred for rec8 reational boating safety assistance under Public Law 92–

9 75, as amended, $20,000,000, to be derived from the Boat

10 Safety Account and to remain available until expended.

11 EMERGENCY FUND

12 (LIMITATION ON PERMANENT APPROPRIATION)

13 (OIL SPILL LIABILITY TRUST FUND)

14 Except as provided in emergency supplemental appro15 priations provided in other appropriations Acts for fiscal

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

17 or expended in fiscal year 1996 pursuant to section

18 6002(b) of the Oil Pollution Act of 1990 to carry out the

19 provisions of section 1012(a)(4) of that Act.

20 FEDERAL AVIATION ADMINISTRATION

21 OPERATIONS

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses of the Federal Aviation Ad24 ministration, not otherwise provided for, including oper25 ations and research activities related to commercial space

26 transportation, administrative expenses for research and
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1 development, establishment of air navigation facilities and

2 the operation (including leasing) and maintenance of air3 craft, and carrying out the provisions of subchapter I of

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

5 law authorizing the obligation of funds for similar pro6 grams of airport and airway development or improvement,

7 lease or purchase of four passenger motor vehicles for re8 placement only, $4,600,000,000 $4,550,000,000, of which

9 $1,871,500,000 $1,865,000,000 shall be derived from the

10 Airport and Airway Trust Fund: Provided, That there

11 may be credited to this appropriation funds received from

12 States, counties, municipalities, foreign authorities, other

13 public authorities, and private sources, for expenses in14 curred in the provision of aviation agency services, includ15 ing receipts for the maintenance and operation of air navi16 gation facilities and for issuance, renewal or modification

17 of certificates, including airman, aircraft, and repair sta18 tion certificates, or for tests related thereto, or for process19 ing major repair or alteration forms and in addition

20 $10,000,000, to be credited to this appropriation from fees

21 established and collected to cover the cost of safety and secu22 rity regulation under the jurisdiction of the Federal Avia23 tion Administration: Provided further, That funds may be

24 used to enter into a grant agreement with a nonprofit

25 standard setting organization to assist in the development
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1 of aviation safety standards: Provided further, That none

2 of the funds in this Act shall be available for new appli3 cants for the second career training program: Provided

4 further, That none of the funds in this Act shall be avail5 able for paying premium pay under 5 U.S.C. 5546(a) to

6 any Federal Aviation Administration employee unless such

7 employee actually performed work during the time cor8 responding to such premium pay: Provided further, That

9 none of the funds appropriated in this or any subsequent

10 Act may be used to pay premium pay under 5 U.S.C. 5546a

11 for any fiscal year beginning after September 30, 1995; ex12 cept that, (i) for fiscal year 1996, such premium pay may

13 be paid at 50 percent of the rate specified in 5 U.S.C.

14 5546a; and (ii) for fiscal year 1997, such premium pay

15 may be paid at 25 percent of the rate specified in 5 U.S.C.

16 5546a: Provided further, That the unexpended balances of

17 the appropriation ‘‘Office of Commercial Space Transpor18 tation, Operations and Research’’ shall be transferred to

19 and merged with this appropriation: Provided further, That

20 none of the funds derived from the Airport and Airway

21 Trust Fund may be used to support the operations and ac22 tivities of the Associate Administrator for Commercial

23 Space Transportation.
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1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for,

4 for acquisition, establishment, and improvement by con5 tract or purchase, and hire of air navigation and experi6 mental facilities and equipment as authorized under part

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

8 acquisition of necessary sites by lease or grant; engineer9 ing and service testing, including construction of test fa10 cilities and acquisition of necessary sites by lease or grant;

11 and construction and furnishing of quarters and related

12 accommodations for officers and employees of the Federal

13 Aviation Administration stationed at remote localities

14 where such accommodations are not available; and the

15 purchase, lease, or transfer of aircraft from funds avail16 able under this head; to be derived from the Airport and

17 Airway Trust Fund, $2,000,000,000 $1,890,377,000, of

18 which $1,784,000,000 $1,674,377,000 shall remain avail19 able until September 30, 1998, and of which

20 $216,000,000 shall remain available until September 30,

21 1996, and of which $10,000,000, to remain available until

22 expended, is for funding noncompetitive cooperative agree23 ments with air carriers to assist them in acquiring and

24 installing the following advanced security equipment: (1)

25 hardened unit load devices, (2) explosive detection systems
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1 certified by the Federal Aviation Administration, and (3)

2 computer-aided screener training and proficiency systems,

3 in order to evaluate such equipment’s operational feasibility

4 and effectiveness in improving civil aviation security): Pro5 vided, That there may be credited to this appropriation

6 funds received from States, counties, municipalities, other

7 public authorities, and private sources, for expenses in8 curred in the establishment and modernization of air navi9 gation facilities.

10 FACILITIES AND EQUIPMENT

11 (AIRPORT AND AIRWAY TRUST FUND)

12 (RESCISSION)

13 Of the available balances under this heading,

14 $60,000,000 $70,000,000 are rescinded.

15 RESEARCH, ENGINEERING, AND DEVELOPMENT

16 (AIRPORT AND AIRWAY TRUST FUND)

17 For necessary expenses, not otherwise provided for,

18 for research, engineering, and development, as authorized

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

20 construction of experimental facilities and acquisition of

21 necessary sites by lease or grant, $143,000,000

22 $215,886,000, to be derived from the Airport and Airway

23 Trust Fund and to remain available until September 30,

24 1998: Provided, That there may be credited to this appro25 priation funds received from States, counties, municipali26 ties, other public authorities, and private sources, for ex-
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1 penses incurred for research, engineering, and develop2 ment.

3 GRANTS-IN-AID FOR AIRPORTS

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (AIRPORT AND AIRWAY TRUST FUND)

6 (INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

7 For liquidation of obligations incurred for grants-in8 aid for airport planning and development, and for noise

9 compatibility planning and programs as authorized under

10 subchapter I of chapter 471 and subchapter I of chapter

11 475 of title 49, U.S. Code, and under other law authoriz12 ing such obligations, $1,500,000,000, to be derived from

13 the Airport and Airway Trust Fund and to remain avail14 able until expended: Provided, That none of the funds in

15 this Act shall be available for the planning or execution

16 of programs the obligations for which are in excess of

17 $1,600,000,000 $1,250,000,000 in fiscal year 1996 for

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

19 noise compatibility planning and programs, notwithstand20 ing section 47117(h) of title 49, U.S. Code: Provided fur21 ther, That none of the funds in this Act shall be available

22 for the planning and execution of programs the obligations

23 for which are in excess of $20,000,000 for the ‘‘Military Air24 ports Program’’ and $50,000,000 for the ‘‘Reliever Airports

25 Program’’: Provided further, That of the available contract
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1 authority balances under this account, $5,000,000 are re2 scinded.

3 AVIATION INSURANCE REVOLVING FUND

4 The Secretary of Transportation is hereby authorized

5 to make such expenditures and investments, within the

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

7 in accordance with section 104 of the Government Cor8 poration Control Act, as amended (31 U.S.C. 9104), as

9 may be necessary in carrying out the program for aviation

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

11 Code.

12 AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM

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

14 activities under this head the obligations for which are in

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

16 FEDERAL HIGHWAY ADMINISTRATION

17 LIMITATION ON GENERAL OPERATING EXPENSES

18 Necessary expenses for administration, operation, in19 cluding motor carrier safety program operations, and re20 search of the Federal Highway Administration not to ex21 ceed $495,381,000 $548,434,000 shall be paid in accord22 ance with law from appropriations made available by this

23 Act to the Federal Highway Administration together with

24 advances and reimbursements received by the Federal

25 Highway Administration: Provided, That $190,667,000
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1 $248,909,000 of the amount provided herein shall remain

2 available until September 30, 1998.

3 HIGHWAY-RELATED SAFETY GRANTS

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (HIGHWAY TRUST FUND)

6 (INCLUDING TRANSFER OF FUNDS)

7 For payment of obligations incurred in carrying out

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

9 administered by the Federal Highway Administration, to

10 remain available until expended, $10,000,000 $13,000,000,

11 to be derived from the Highway Trust Fund: Provided,

12 That not to exceed $100,000 of the amount made avail13 able herein shall be available for ‘‘Limitation on general

14 operating expenses’’: Provided further, That none of the

15 funds in this Act shall be available for the planning or

16 execution of programs the obligations for which are in ex17 cess of $10,000,000 $13,000,000 in fiscal year 1996 for

18 ‘‘Highway-Related Safety Grants’’.

19 FEDERAL-AID HIGHWAYS

20 (LIMITATION ON OBLIGATIONS)

21 (HIGHWAY TRUST FUND)

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

23 the implementation or execution of programs the obliga24 tions for which are in excess of $18,000,000,000

25 $17,000,000,000 for Federal-aid highways and highway

26 safety construction programs for fiscal year 1996.
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1 FEDERAL-AID HIGHWAYS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (HIGHWAY TRUST FUND)

4 For carrying out the provisions of title 23, United

5 States Code, that are attributable to Federal-aid high6 ways, including the National Scenic and Recreational

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

8 provided, including reimbursements for sums expended

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

10 $19,200,000,000 or so much thereof as may be available

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

12 available until expended.

13 RIGHT-OF-WAY REVOLVING FUND

14 (LIMITATION ON DIRECT LOANS)

15 (HIGHWAY TRUST FUND)

16 None of the funds under this head are available for

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

18 1996.

19 MOTOR CARRIER SAFETY GRANTS

20 (LIQUIDATION OF CONTRACT AUTHORIZATION)

21 (HIGHWAY TRUST FUND)

22 For payment of obligations incurred in carrying out

23 49 U.S.C. 31102, $68,000,000, to be derived from the

24 Highway Trust Fund and to remain available until ex25 pended: Provided, That none of the funds in this Act shall

26 be available for the implementation or execution of pro-
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1 grams the obligations for which are in excess of

2 $79,150,000 $75,000,000 for ‘‘Motor Carrier Safety

3 Grants’’.

4 SURFACE TRANSPORTATION PROJECTS

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

6 legislation, of the expenses necessary for certain highway

7 and surface transportation projects and parking facilities,

8 including feasibility and environmental studies, that ad9 vance methods of improving safety, reducing congestion, or

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

11 remain available until expended.

12 NATIONAL HIGHWAY TRAFFIC SAFETY

13 ADMINISTRATION

14 OPERATIONS AND RESEARCH

15 For expenses necessary to discharge the functions of

16 the Secretary with respect to traffic and highway safety

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

18 and chapter 301 of title 49, United States Code,

19 $73,316,570 $71,261,000, of which $37,825,850

20 $36,770,676 shall remain available until September 30,

21 1998:–Provided, That none of the funds appropriated by

22 this Act may be obligated or expended to plan, finalize,

23 or implement any rulemaking to add to section 575.104

24 of title 49 of the Code of Federal Regulations any require25 ment pertaining to a grading standard that is different
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1 from the three grading standards (treadwear, traction,

2 and temperature resistance) already in effect.

3 OPERATIONS AND RESEARCH

4 (HIGHWAY TRUST FUND)

5 For expenses necessary to discharge the functions of

6 the Secretary with respect to traffic and highway safety

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

8 Surface Transportation Efficiency Act of 1991 (Public

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

10 Fund, $52,011,930 $50,344,000, of which $32,770,670

11 $31,716,720 shall remain available until September 30,

12 1998.

13 OPERATIONS AND RESEARCH

14 (RESCISSIONS)

15 Of the amounts made available under this heading

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

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

18 advanced driving simulator project.

19 HIGHWAY TRAFFIC SAFETY GRANTS

20 (LIQUIDATION OF CONTRACT AUTHORIZATION)

21 (HIGHWAY TRUST FUND)

22 For payment of obligations incurred carrying out the

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

24 303 of title 49, United States Code, and section 209 of

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

26 expended, $153,400,000 $155,100,000, to be derived from
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1 the Highway Trust Fund: Provided, That, notwithstand2 ing subsection 2009(b) of the Intermodal Surface Trans3 portation Efficiency Act of 1991, none of the funds in this

4 Act shall be available for the planning or execution of pro5 grams the total obligations for which, in fiscal year 1996,

6 are in excess of $153,400,000 $155,100,000 for programs

7 authorized under 23 U.S.C. 402 and 410, as amended,

8 of which $126,000,000 $128,000,000 shall be for ‘‘State

9 and community highway safety grants’’, $2,400,000

10 $2,100,000 shall be for the ‘‘National Driver Register’’

11 (subject to passage hereafter by the House of a bill au12 thorizing appropriations therefor, and only in amounts

13 provided therein) subject to authorization, and

14 $25,000,000 shall be for section 410 ‘‘Alcohol-impaired

15 driving countermeasures programs’’: Provided further,

16 That none of these funds shall be used for construction,

17 rehabilitation or remodeling costs, or for office furnishings

18 and fixtures for State, local, or private buildings or struc19 tures: Provided further, That none of these funds shall be

20 used to purchase automobiles or motorcycles for state,

21 local, or private usage: Provided further, That not to ex22 ceed $5,153,000 $5,211,000 of the funds made available

23 for section 402 may be available for administering ‘‘State

24 and community highway safety grants’’: Provided further,

25 That not to exceed $500,000 of the funds made available
24

•HR 2002 RS

1 for section 410 ‘‘Alcohol-impaired driving counter-meas2 ures programs’’ may shall be available for technical assist3 ance to the States: Provided further, That not to exceed

4 $890,000 $777,000 of the funds made available for the

5 ‘‘National Driver Register’’ may be available for adminis6 trative expenses.

7 FEDERAL RAILROAD ADMINISTRATION

8 OFFICE OF THE ADMINISTRATOR

9 For necessary expenses of the Federal Railroad Ad10 ministration, not otherwise provided for, $14,000,000

11 $14,018,000, of which $1,508,000 shall remain available

12 until expended: Provided, That none of the funds in this

13 Act shall be available for the planning or execution of a

14 program making commitments to guarantee new loans

15 under the Emergency Rail Services Act of 1970, as

16 amended, and no new commitments to guarantee loans

17 under section 211(a) or 211(h) of the Regional Rail Reor18 ganization Act of 1973, as amended, shall be made: Pro19 vided further, That, as part of the Washington Union Sta20 tion transaction in which the Secretary assumed the first

21 deed of trust on the property and, where the Union Sta22 tion Redevelopment Corporation or any successor is obli23 gated to make payments on such deed of trust on the Sec24 retary’s behalf, including payments on and after Septem25 ber 30, 1988, the Secretary is authorized to receive such
25

•HR 2002 RS

1 payments directly from the Union Station Redevelopment

2 Corporation, credit them to the appropriation charged for

3 the first deed of trust, and make payments on the first

4 deed of trust with those funds: Provided further, That such

5 additional sums as may be necessary for payment on the

6 first deed of trust may be advanced by the Administrator

7 from unobligated balances available to the Federal Rail8 road Administration, to be reimbursed from payments re9 ceived from the Union Station Redevelopment Corpora10 tion.

11 RAILROAD SAFETY

12 For necessary expenses in connection with railroad

13 safety, not otherwise provided for, $49,940,660

14 $49,105,000, of which $2,687,000 shall remain available

15 until expended.

16 RAILROAD RESEARCH AND DEVELOPMENT

17 For necessary expenses for railroad research and de18 velopment, $21,000,000 $25,775,000, to remain available

19 until expended.

20 NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

21 For necessary expenses related to Northeast Corridor

22 improvements authorized by title VII of the Railroad Revi23 talization and Regulatory Reform Act of 1976, as amend24 ed (45 U.S.C. 851 et seq.) and 49 U.S.C. 24909,
26

•HR 2002 RS

1 $100,000,000 $130,000,000, to remain available until Sep2 tember 30, 1998.

3 RAILROAD REHABILITATION AND IMPROVEMENT

4 PROGRAM

5 The Secretary of Transportation is authorized to

6 issue to the Secretary of the Treasury notes or other obli7 gations pursuant to section 512 of the Railroad Revitaliza8 tion and Regulatory Reform Act of 1976 (Public Law 94–

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

10 may be necessary to pay any amounts required pursuant

11 to the guarantee of the principal amount of obligations

12 under sections 511 through 513 of such Act, such author13 ity to exist as long as any such guaranteed obligation is

14 outstanding: Provided, That no new loan guarantee com15 mitments shall be made during fiscal year 1996.

16 NATIONAL MAGNETIC LEVITATION PROTOTYPE

17 DEVELOPMENT

18 (LIMITATION ON OBLIGATIONS)

19 (HIGHWAY TRUST FUND)

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

21 the planning or execution of the National Magnetic Levita22 tion Prototype Development program as defined in sub23 sections 1036(b) and 1036(d)(1)(A) of the Intermodal

24 Surface Transportation Efficiency Act of 1991.
27

•HR 2002 RS

1 NEXT GENERATION HIGH SPEED RAIL

2 For necessary expenses for Next Generation High

3 Speed Rail technology development and demonstrations,

4 $10,000,000, to remain available until expended studies,

5 corridor planning, development, demonstration, and imple6 mentation, $20,000,000, to remain available until ex7 pended: Provided, That funds under this head may be made

8 available for grants to States for high speed rail corridor

9 design, feasibility studies, environmental analyses and

10 track and signal improvements.

11 TRUST FUND SHARE OF NEXT GENERATION HIGH

12 SPEED RAIL

13 (LIQUIDATION OF CONTRACT AUTHORIZATION)

14 (HIGHWAY TRUST FUND)

15 For grants and payment of obligations incurred in

16 carrying out the provisions of the High Speed Ground

17 Transportation program as defined in subsections 1036(c)

18 and 1036(d)(1)(B) of the Intermodal Surface Transpor19 tation Efficiency Act of 1991, including planning and en20 vironmental analyses, $5,000,000, to be derived from the

21 Highway Trust Fund and to remain available until ex22 pended: Provided, That none of the funds in this Act shall

23 be available for the implementation or execution of pro24 grams the obligations for which are in excess of

25 $5,000,000.
28

•HR 2002 RS

1 ALASKA RAILROAD REHABILITATION

2 To enable the Secretary of Transportation to make

3 grants to the Alaska Railroad, $10,000,000 shall be for cap4 ital rehabilitation and improvements benefiting its pas5 senger operations.

6 PENNSYLVANIA STATION REDEVELOPMENT PROJECT

7 For grants to the National Railroad Passenger Cor8 poration, $25,000,000, to remain available until expended,

9 for engineering, design and construction activities to enable

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

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

12 That the Secretary may retain from these funds such

13 amounts as the Secretary shall deem appropriate to under14 take the environmental and historic preservation analyses

15 associated with this project.

16 RHODE ISLAND RAIL DEVELOPMENT

17 For the costs associated with construction of a third

18 track on the Northeast Corridor between Davisville and

19 Central Falls, Rhode Island, with sufficient clearance to ac20 commodate double stack freight cars, $2,000,000 to be

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

22 a dollar for dollar basis and to remain available until ex23 pended: Provided, That as a condition of accepting such

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

25 enter into an agreement with the Secretary to reimburse
29

•HR 2002 RS

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

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

3 resulting from the legal action initiated by the P&W Rail4 road under its existing contracts with Amtrak relating to

5 the provision of vertical clearances between Davisville and

6 Central Falls in excess of those required for present freight

7 operations.

8 GRANTS TO THE NATIONAL RAILROAD PASSENGER

9 CORPORATION

10 To enable the Secretary of Transportation to make

11 grants to the National Railroad Passenger Corporation

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

13 $605,000,000, to remain available until expended, of which

14 $336,000,000 $305,000,000 shall be available for operat15 ing losses and for mandatory passenger rail service pay16 ments, $62,000,000 $100,000,000 shall be for transition

17 costs incurred by the Corporation, and $230,000,000

18 $200,000,000 shall be for capital improvements: Provided,

19 That none of the funds under this head shall be made

20 available until significant reforms (including labor re21 forms) in authorizing legislation are enacted to restructure

22 the National Railroad Passenger Corporation: Provided

23 further, That funding under this head for capital improve24 ments shall not be made available before July 1, 1996:

25 Provided further, That none of the funds herein appro-
30

•HR 2002 RS

1 priated shall be used for lease or purchase of passenger

2 motor vehicles or for the hire of vehicle operators for any

3 officer or employee, other than the president of the Cor4 poration, excluding the lease of passenger motor vehicles

5 for those officers or employees while in official travel sta6 tus.

7 FEDERAL TRANSIT ADMINISTRATION

8 ADMINISTRATIVE EXPENSES

9 For necessary administrative expenses of the Federal

10 Transit Administration’s programs authorized by chapter

11 53 of title 49, United States Code, $39,260,000

12 $42,000,000.

13 FORMULA GRANTS

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

15 5310(a)(2), 5311, and 5336, to remain available until ex16 pended, $890,000,000 $985,000,000: Provided, That no

17 more than $2,000,000,000 $2,105,850,000 of budget au18 thority shall be available for these purposes: Provided fur19 ther, That of the funds provided under this head for for20 mula grants, no more than $400,000,000 may be used for

21 operating assistance under 49 U.S.C. 5336(d): Provided

22 further, That the limitation on operating assistance pro23 vided under this heading shall, for urbanized areas of less

24 than 200,000 in population, be no less than eighty percent

25 of the amount of operating assistance such areas are eligible
31

•HR 2002 RS

1 to receive under Public Law 103–331: Provided further,

2 That before apportionment of funds under this heading,

3 $29,325,031 shall be apportioned to areas of 200,000 or

4 greater in population.

5 UNIVERSITY TRANSPORTATION CENTERS

6 For necessary expenses for university transportation

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

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

9 TRANSIT PLANNING AND RESEARCH

10 For necessary expenses for transit planning and re11 search as authorized by 49 U.S.C. 5303, 5311, 5313,

12 5314, and 5315, to remain available until expended,

13 $82,250,000 of which $39,436,250 shall be for activities

14 under 49 U.S.C. 5303, $4,381,250 for activities under 49

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

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

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

18 5313(a), and $2,850,000 for activities under 49 U.S.C.

19 5315 $90,000,000.

20 TRUST FUND SHARE OF EXPENSES

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (HIGHWAY TRUST FUND)

23 For payment of obligations incurred in carrying out

24 49 U.S.C. 5338(a), $1,120,850,000, to remain available

25 until expended and to be derived from the Highway Trust

26 Fund: Provided, That $1,110,000,000 $1,120,850,000
32

•HR 2002 RS

1 shall be paid from the Mass Transit Account of the High2 way Trust Fund to the Federal Transit Administration’s

3 formula grants account.

4 DISCRETIONARY GRANTS

5 (LIMITATION ON OBLIGATIONS)

6 (HIGHWAY TRUST FUND)

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

8 the implementation or execution of programs the obliga9 tions for which are in excess of $1,665,000,000 in fiscal

10 year 1996 for grants under the contract authority in 49

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

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

13 be available for the replacement, rehabilitation, and pur14 chase of buses and related equipment and the construction

15 of bus-related facilities, $333,000,000; and there shall be

16 available for new fixed guideway systems, $666,000,000,

17 to be available as follows, notwithstanding any other provi18 sion of law, and except for fixed guideway modernization

19 projects, $22,840,000 made available under Public Law

20 102–388 under ‘‘Federal Transit Administration, Discre21 tionary Grants’’ for projects specified in that Act or identi22 fied in reports accompanying that Act, not obligated by

23 September 30, 1995, shall be made available for new fixed

24 guideway systems together with the $666,000,000 made

25 available for new fixed guideway systems under this Act,

26 to be available as follows:
33

•HR 2002 RS

1 $42,410,000 for the Atlanta-North Springs

2 project;

3 $17,500,000 $22,620,000 for the South Boston

4 Piers (MOS–2) project;

5 $6,500,000 for the Canton-Akron-Cleveland

6 commuter rail project (subject to passage hereafter

7 by the House of a bill authorizing appropriations

8 therefor, and only in amounts provided therein);

9 $2,000,000 for the Cincinnati Northeast/North10 ern Kentucky rail line project (subject to passage

11 hereafter by the House of a bill authorizing appro12 priations therefor, and only in amounts provided

13 therein);

14 $16,941,000 for the Dallas South Oak Cliff

15 LRT project;

16 $2,500,000 $3,500,000 for the DART North

17 Central light rail extension project (subject to pas18 sage hereafter by the House of a bill authorizing ap19 propriations therefor, and only in amounts provided

20 therein);

21 $5,000,000 $7,000,000 for the Dallas-Fort

22 Worth RAILTRAN project (subject to passage here23 after by the House of a bill authorizing appropria24 tions therefor, and only in amounts provided there25 in);
34

•HR 2002 RS

1 $10,000,000 for the Florida Tri-County com2 muter rail project (subject to passage hereafter by

3 the House of a bill authorizing appropriations there4 for, and only in amounts provided therein);

5 $22,630,000 for the Houston Regional Bus

6 project;

7 $12,500,000 for the Jacksonville ASE extension

8 project;

9 $125,000,000 $45,000,000 for the Los Angeles

10 Metro Rail (MOS–3);

11 $10,000,000 for the Los Angeles-San Diego

12 commuter rail project;

13 $10,000,000 $15,000,000 for the MARC com14 muter rail project;

15 $3,000,000 $22,630,000 for the Maryland

16 Central Corridor LRT project;

17 $2,000,000 for the Miami-North 27th Avenue

18 project (subject to passage hereafter by the House

19 of a bill authorizing appropriations therefor, and

20 only in amounts provided therein);

21 $2,500,000 for the Memphis, Tennessee Re22 gional Rail Plan (subject to passage hereafter by the

23 House of a bill authorizing appropriations therefor,

24 and only in amounts provided therein);
35

•HR 2002 RS

1 $75,000,000 $85,500,000 for the New Jersey

2 Urban Core-Secaucus project;

3 $10,000,000 for the New Orleans Canal Street

4 Corridor project (subject to passage hereafter by the

5 House of a bill authorizing appropriations therefor,

6 and only in amounts provided therein);

7 $114,989,000 $160,000,000 for the New York

8 Queens Connection project;

9 $5,000,000 for the Orange County Transitway

10 project (subject to passage hereafter by the House

11 of a bill authorizing appropriations therefor, and

12 only in amounts provided therein);

13 $22,630,000 for the Pittsburgh Airport Phase

14 1 project;

15 $85,500,000 $130,140,000 for the Portland

16 Westside LRT project;

17 $2,000,000 for the Sacramento LRT extension

18 project;

19 $10,000,000 $13,000,000 for the St. Louis

20 Metro Link LRT project;

21 $5,000,000 $14,519,000 for the Salt Lake City

22 light rail project:–Provided, That such funding may

23 be available only for related high-occupancy vehicle

24 lane and intermodal corridor design costs;
36

•HR 2002 RS

1 $10,000,000 $22,620,000 for the San Francisco

2 BART extension to the San Francisco airport exten3 sion/tasman corridor project;

4 $15,000,000 for the San Juan, Puerto Rico

5 Tren Urbano project (subject to passage hereafter

6 by the House of a bill authorizing appropriations

7 therefor, and only in amounts provided therein);

8 $1,000,000 for the Tampa to Lakeland com9 muter rail project (subject to passage hereafter by

10 the House of a bill authorizing appropriations there11 for, and only in amounts provided therein);

12 $5,000,000 for the Whitehall ferry terminal,

13 New York, New York (subject to passage hereafter

14 by the House of a bill authorizing appropriations

15 therefor, and only in amounts provided therein); and

16 $14,400,000 for the Wisconsin central com17 muter project (subject to passage hereafter by the

18 House of a bill authorizing appropriations therefor,

19 and only in amounts provided therein);

20 $11,300,000 for the Burlington-Charlotte, Ver21 mont commuter rail project; and

22 $5,000,000 for the Chicago central area

23 circulator.
37

•HR 2002 RS

1 MASS TRANSIT CAPITAL FUND

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (HIGHWAY TRUST FUND)

4 For payment of obligations incurred in carrying out

5 49 U.S.C. 5338(b) administered by the Federal Transit

6 Administration, $2,000,000,000 $1,700,000,000 to be de7 rived from the Highway Trust Fund and to remain avail8 able until expended.

9 WASHINGTON METROPOLITAN AREA TRANSIT

10 AUTHORITY

11 For necessary expenses to carry out the provisions

12 of section 14 of Public Law 96–184 and Public Law 101–

13 551, $200,000,000 $170,000,000, to remain available until

14 expended.

15 SAINT LAWRENCE SEAWAY DEVELOPMENT

16 CORPORATION

17 The Saint Lawrence Seaway Development Corpora18 tion is hereby authorized to make such expenditures, with19 in the limits of funds and borrowing authority available

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

21 such contracts and commitments without regard to fiscal

22 year limitations as provided by section 104 of the Govern23 ment Corporation Control Act, as amended, as may be

24 necessary in carrying out the programs set forth in the

25 Corporation’s budget for the current fiscal year: Provided,

26 That, notwithstanding any other provision of law, no funds
38

•HR 2002 RS

1 made available to the Saint Lawrence Seaway Development

2 Corporation from the Harbor Maintenance Trust Fund

3 may be obligated for fiscal year 1996, if the Saint Lawrence

4 Seaway Development Corporation expends or obligates

5 funds from the financial reserve fund of the Corporation

6 for the design, development, or procurement of a global posi7 tion system vessel traffic service system during that fiscal

8 year: Provided further, That no funds made available to

9 the Saint Lawrence Seaway Development Corporation from

10 the Harbor Maintenance Trust Fund pursuant to this Act

11 may be used by the Corporation during fiscal year 1996

12 for those purposes.

13 OPERATIONS AND MAINTENANCE

14 (HARBOR MAINTENANCE TRUST FUND)

15 For necessary expenses for operation and mainte16 nance of those portions of the Saint Lawrence Seaway op17 erated and maintained by the Saint Lawrence Seaway De18 velopment Corporation, $10,190,500 $10,150,000, to be

19 derived from the Harbor Maintenance Trust Fund, pursu20 ant to Public Law 99–662.

21 RESEARCH AND SPECIAL PROGRAMS

22 ADMINISTRATION

23 RESEARCH AND SPECIAL PROGRAMS

24 For expenses necessary to discharge the functions of

25 the Research and Special Programs Administration,
39

•HR 2002 RS

1 $26,030,000 $24,281,000, of which $574,000 shall be de2 rived from the Pipeline Safety Fund, and of which

3 $7,606,000 shall remain available until September 30,

4 1998: Provided, That $2,322,000 shall be transferred to

5 the Bureau of Transportation Statistics for the expenses

6 necessary to conduct activities related to Airline Statistics,

7 and of which $272,000 shall remain available until ex8 pended: Provided further, That up to $1,000,000 in fees

9 collected under 49 U.S.C. 5108(g) shall be deposited in

10 the general fund of the Treasury as offsetting receipts:

11 Provided further, That there may be credited to this appro12 priation funds received from States, counties, municipali13 ties, other public authorities, and private sources for ex14 penses incurred for training, for reports publication and

15 dissemination.

16 PIPELINE SAFETY

17 (PIPELINE SAFETY FUND)

18 For expenses necessary to conduct the functions of

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

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

21 60107 and the Hazardous Liquid Pipeline Safety Act of

22 1979, as amended, and to discharge the pipeline program

23 responsibilities of the Oil Pollution Act of 1990,

24 $29,941,000 $32,973,000, of which $2,698,000 shall be

25 derived from the Oil Spill Liability Trust Fund and shall
40

•HR 2002 RS

1 remain available until September 30, 1998; and of which

2 $27,243,000 $30,275,000 shall be derived from the Pipe3 line Safety Fund, of which $19,423,000 shall remain

4 available until September 30, 1998: Provided, That from

5 amounts made available herein from the Pipeline Safety

6 Fund, not to exceed $1,000,000 $1,500,000 shall be avail7 able for grants to States for the development and estab8 lishment of one-call notification systems.

9 EMERGENCY PREPAREDNESS GRANTS

10 (EMERGENCY PREPAREDNESS FUND)

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

12 5127(c), $400,000 to be derived from the Emergency Pre13 paredness Fund, to remain available until September 30,

14 1998: Provided, That not more than $8,890,000

15 $9,200,000 shall be made available for obligation in fiscal

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

17 5116(i) and 5127(d): Provided further, That no such funds

18 shall be made available for obligation by individuals other

19 than the Secretary of Transportation, or his designees.

20 OFFICE OF INSPECTOR GENERAL

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of Inspector

23 General to carry out the provisions of the Inspector Gen24 eral Act of 1978, as amended, $40,238,000 $39,891,200.
41

•HR 2002 RS

1 BUREAU OF TRANSPORTATION STATISTICS

2 For expenses necessary to conduct activities related to

3 airline statistics, $2,200,000, of which $272,000 shall re4 main available until expended.

5 TITLE II

6 RELATED AGENCIES

7 ARCHITECTURAL AND TRANSPORTATION

8 BARRIERS COMPLIANCE BOARD

9 SALARIES AND EXPENSES

10 For expenses necessary for the Architectural and

11 Transportation Barriers Compliance Board, as authorized

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

13 amended, $3,656,000 $3,500,000: Provided, That, notwith14 standing any other provision of law, there may be credited

15 to this appropriation funds received for publications and

16 training expenses.

17 NATIONAL TRANSPORTATION SAFETY BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses of the National Transpor20 tation Safety Board, including hire of passenger motor ve21 hicles and aircraft; services as authorized by 5 U.S.C.

22 3109, but at rates for individuals not to exceed the per

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

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

25 5901–5902), $38,774,000 $37,500,000, of which not to ex-
42

•HR 2002 RS

1 ceed $1,000 may be used for official reception and rep2 resentation expenses.

3 EMERGENCY FUND

4 For necessary expenses of the National Transpor5 tation Safety Board for accident investigations, including

6 hire of passenger motor vehicles and aircraft; services as

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

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

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

10 by law (5 U.S.C. 5901–5902), $160,802 $360,802 to re11 main available until expended.

12 INTERSTATE COMMERCE COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Interstate Commerce

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

16 3109, hire of passenger motor vehicles as authorized by

17 31 U.S.C. 1343(b), $13,379,000, of which $4,984,000

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

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

20 Commerce Commission pursuant to 31 U.S.C. 9701, one21 twelfth of $8,300,000 of those fees collected shall be made

22 available for each month the Commission remains in exist23 ence during fiscal year 1996.
43

•HR 2002 RS

1 PAYMENTS FOR DIRECTED RAIL SERVICE

2 (LIMITATION ON OBLIGATIONS)

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

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

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

7 any other Act.

8 PANAMA CANAL COMMISSION

9 PANAMA CANAL REVOLVING FUND

10 For administrative expenses of the Panama Canal

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

12 reception and representation expenses of the Board; not

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

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

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

17 Canal Revolving Fund: Provided, That funds available to

18 the Panama Canal Commission shall be available for the

19 purchase of not to exceed 38 passenger motor vehicles for

20 replacement only (including large heavy-duty vehicles used

21 to transport Commission personnel across the Isthmus of

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

23 $19,500 per vehicle.
44

•HR 2002 RS

1 TITLE III

2 GENERAL PROVISIONS

3 (INCLUDING TRANSFERS OF FUNDS)

4 SEC. 301. During the current fiscal year applicable

5 appropriations to the Department of Transportation shall

6 be available for maintenance and operation of aircraft;

7 hire of passenger motor vehicles and aircraft; purchase of

8 liability insurance for motor vehicles operating in foreign

9 countries on official department business; and uniforms,

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

11 5901–5902).

12 SEC. 302. Funds for the Panama Canal Commission

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

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

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

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

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

22 be available (1) except as otherwise authorized by the Act

23 of September 30, 1950 (20 U.S.C. 236–244) title VIII of

24 the Elementary and Secondary Education Act of 1965, 20

25 U.S.C. 7701, et. seq., for expenses of primary and second-
45

•HR 2002 RS

1 ary schooling for dependents of Federal Aviation Adminis2 tration personnel stationed outside the continental United

3 States at costs for any given area not in excess of those

4 of the Department of Defense for the same area, when

5 it is determined by the Secretary that the schools, if any,

6 available in the locality are unable to provide adequately

7 for the education of such dependents, and (2) for trans8 portation of said dependents between schools serving the

9 area that they attend and their places of residence when

10 the Secretary, under such regulations as may be pre11 scribed, determines that such schools are not accessible

12 by public means of transportation on a regular basis.

13 SEC. 304. Appropriations contained in this Act for

14 the Department of Transportation shall be available for

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

16 individuals not to exceed the per diem rate equivalent to

17 the rate for an Executive Level IV.

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

19 Commission may be expended unless in conformance with

20 the Panama Canal Treaties of 1977 and any law imple21 menting those treaties.

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

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

24 expenses of, or otherwise compensate, non-Federal parties
46

•HR 2002 RS

1 intervening in regulatory or adjudicatory proceedings

2 funded in this Act.

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

4 shall remain available for obligation beyond the current

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

7 SEC. 308. The Secretary of Transportation may enter

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

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

11 educational institution, and any other entity in execution

12 of the Technology Reinvestment Project authorized under

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

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

17 States Code.

18 SEC. 309. The expenditure of any appropriation

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

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

22 expenditures are a matter of public record and available

23 for public inspection, except where otherwise provided

24 under existing law, or under existing Executive order is25 sued pursuant to existing law.
47

•HR 2002 RS

1 SEC. 310. (a) For fiscal year 1996 the Secretary of

2 Transportation shall distribute the obligation limitation

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

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

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

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

9 (b) During the period October 1 through December

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

11 of the amount distributed to such State under subsection

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

14 distributed to all States under such subsection.

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

17 (1) provide all States with authority sufficient

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

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

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

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

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

2 fiscal year giving priority to those States having

3 large unobligated balances of funds apportioned

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

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

6 1015 of Public Law 102–240; and

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

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

11 intelligent vehicle highway systems program, and

12 amounts made available under sections 1040, 1047,

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

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

15 5338: Provided, That amounts made available under

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

17 to the obligation limitation for Federal-aid highways

18 and highway safety construction programs under the

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

20 (d) During the period October 1 through December

21 31, 1995, the aggregate amount of obligations under sec22 tion 157 of title 23, United States Code, for projects cov23 ered under section 147 of the Surface Transportation As24 sistance Act of 1978, section 9 of the Federal-Aid High25 way Act of 1981, sections 131(b), 131(j), and 404 of Pub-
49

•HR 2002 RS

1 lic Law 97–424, sections 1061, 1103 through 1108, 4008,

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

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

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

5 (e) During the period August 2 through September

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

7 by all States pursuant to paragraph (d) shall not exceed

8 2.5 percent of the aggregate amount of funds apportioned

9 or allocated to all States—

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

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

12 Law 102–240, and

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

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

16 total amount of the obligation limitation provided for such

17 fiscal year in this Act were utilized.

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

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

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

21 reduced under paragraph (c)(2).

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

24 and ten political and Presidential appointees in the De25 partment of Transportation: Provided, That none of the
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1 personnel covered by this provision may be assigned on

2 temporary detail outside the Department of Transpor3 tation.

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

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

7 made available for obligation, or to any other authority

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

10 SEC. 313. None of the funds in this Act shall be used

11 to implement section 404 of title 23, United States Code.

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

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

14 be absorbed within the levels appropriated in this Act or

15 previous appropriations Acts.

16 SEC. 315. Funds received by the Research and Spe17 cial Programs Administration from States, counties, mu18 nicipalities, other public authorities, and private sources

19 for expenses incurred for training and for reports’ publica20 tion and dissemination may be credited to the Research

21 and Special Programs account.

22 SEC. 316. None of the funds in this Act shall be avail23 able to plan, finalize, or implement regulations that would

24 establish a vessel traffic safety fairway less than five miles

25 wide between the Santa Barbara Traffic Separation
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•HR 2002 RS

1 Scheme and the San Francisco Traffic Separation

2 Scheme.

3 SEC. 317. Notwithstanding any other provision of

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

5 Federal Aviation Administration (FAA) instrument land6 ing systems (along with associated approach lighting

7 equipment and runway visual range equipment) which

8 conform to FAA design and performance specifications,

9 the purchase of which was assisted by a Federal airport

10 aid program, airport development aid program or airport

11 improvement program grant. The FAA shall accept such

12 equipment, which shall thereafter be operated and main13 tained by the FAA in accordance with agency criteria.

14 SEC. 318. None of the funds in this Act shall be avail15 able to award a multiyear contract for production end

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

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

18 in any one year of the contract or (2) includes a cancella19 tion charge greater than $10,000,000 which at the time

20 of obligation has not been appropriated to the limits of

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

22 that permits performance under the contract during the

23 second and subsequent years of the contract without con24 ditioning such performance upon the appropriation of

25 funds: Provided, That this limitation does not apply to a
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1 contract in which the Federal Government incurs no fi2 nancial liability from not buying additional systems, sub3 systems, or components beyond the basic contract require4 ments.

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

6 shall be made available for planning and executing a pas7 senger manifest program by the Department of Transpor8 tation that only applies to United States flag carriers.

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

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

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

12 SEC. 321. Notwithstanding any other provision of

13 law, and except for fixed guideway modernization projects,

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

15 Administration, Discretionary grants’’ for projects speci16 fied in this Act or identified in reports accompanying this

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

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

19 SEC. 322. Notwithstanding any other provision of

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

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

22 available for expenditure may be transferred to and ad23 ministered under the most recent appropriation heading

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

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

4 International Airport under section 93.223 of title 14 of

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

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

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

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

9 the Code of Federal Regulations.

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

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

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

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

15 distance, or other measurement using the metric system.

16 SEC. 325. Notwithstanding any other provisions of

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

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

20 those vehicles exiting from such bridge in Staten Island.

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

22 to compensate in excess of 335 technical staff years under

23 the federally-funded research and development center

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

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

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

6 year 1996 WCF obligational authority for elements of the

7 Department of Transportation funded in this Act to no

8 more than $92,231,000 $99,364,000: Provided, That such

9 reductions from the budget request shall be allocated by

10 the Department of Transportation to each appropriations

11 account in proportion to the amount included in each ac12 count for the working capital fund.

13 SEC. 328. Funds received by the Federal Highway

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

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

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

23 safety inspectors participating in training pursuant to 49

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

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

5 in this Act should be American-made.

6 (b) NOTICE REQUIREMENT.—In providing financial

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

9 each Federal agency, to the greatest extent practicable,

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

12 SEC. 330. None of the funds in this Act shall be avail13 able to prepare, propose, or promulgate any regulations

14 pursuant to title V of the Motor Vehicle Information and

15 Cost Savings Act (49 U.S.C. 32901, et seq.) prescribing

16 corporate average fuel economy standards for automobiles,

17 as defined in such title, in any model year that differs

18 from standards promulgated for such automobiles prior to

19 enactment of this section.

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

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

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

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

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

25 Federal Acquisition Regulations (FAR) (including but not
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•HR 2002 RS

1 limited to FAR Part 19), shall not apply to the extent

2 they are inconsistent with a full and open competition.

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

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

5 sixth runway at the new Denver International Airport,

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

7 apply in any case where the Administrator of the Federal

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

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

11 States Code, is amended by striking—

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

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

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

17 take effect before March 31, 1996.

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

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

22 Surface Transportation Efficiency Act of 1991, may be

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

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

4 Department of Transportation (excluding the Maritime

5 Administration) during fiscal year 1996, $25,000,000 are

6 permanently canceled: Provided, That the Secretary of

7 Transportation shall reduce the existing field office struc8 ture, and to the extent practicable collocate consolidate the

9 Department’s surface transportation field offices adminis10 trative activities: Provided further, That the Secretary may

11 for the purpose of consolidation of offices and facilities

12 other than those at Headquarters, after notification to and

13 approval of the House and Senate Committees on Appro14 priations, transfer the funds made available by this Act

15 for civilian and military personnel compensation and bene16 fits and other administrative expenses to other appropria17 tions made available to the Department of Transportation

18 as the Secretary may designate, to be merged with and

19 to be available for the same purposes and for the same

20 time period as the appropriations of funds to which trans21 ferred: Provided further, That no appropriation shall be

22 increased or decreased by more than ten per centum by

23 all such transfers: Provided further, That, notwithstanding

24 5 U.S.C. 905(b), the President may prepare and transmit

25 to Congress not later than the date for transmittal to Con-
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1 gress of the Budget Request for Fiscal Year 1997, a reorga2 nization plan pursuant to chapter 9 of title 5, United States

3 Code, for the reorganization of the surface transportation

4 activities of the Department of Transportation and the rela5 tionship of the Saint Lawrence Seaway Development Cor6 poration to the Department.

7 SEC. 336. The Secretary of Transportation is author8 ized to transfer funds appropriated for any office of the

9 Office of the Secretary in this Act to ‘‘Rental payments’’

10 for any expense authorized by that appropriation in excess

11 of the amounts provided in this Act: Provided, That prior

12 to any such transfer, notification shall be provided to the

13 House and Senate Committees on Appropriations.

14 SEC. 337. None of the funds in this Act may be obli15 gated or expended for employee training which: (a) does

16 not meet identified needs for knowledge, skills and abilities

17 bearing directly upon the performance of official duties;

18 (b) contains elements likely to induce high levels of emo19 tional response or psychological stress in some partici20 pants; (c) does not require prior employee notification of

21 the content and methods to be used in the training and

22 written end of course evaluations; (d) contains any meth23 ods or content associated with religious or quasi-religious

24 belief systems or ‘‘new age’’ belief systems as defined in

25 Equal Employment Opportunity Commission Notice N–
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1 915.022, dated September 2, 1988; (e) is offensive to, or

2 designed to change, participants’ personal values or life3 style outside the workplace; or (f) includes content related

4 to human immunodeficiency virus/acquired immune defi5 ciency syndrome (HIV/AIDS) other than that necessary

6 to make employees more aware of the medical ramifica7 tions of HIV/AIDS and the workplace rights of HIV-posi8 tive employees.

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

10 shall be made available for employee training unless such

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

12 et seq., as amended.

13 SEC. 338. None of the funds in this Act may be used

14 to enforce the requirement that airport charges make the

15 as airport self-sustaining as possible or the prohibition

16 against revenue diversion in the Airport and Airway Im17 provement Act of 1982 (49 U.S.C. 47107) against Hot

18 Springs Memorial Field in Hot Springs, Arkansas, on the

19 grounds of such airport’s failure to collect fair market

20 rental value for the facilities known as Kimery Park and

21 Family Park: Provided, That any fees collected by any per22 son for the use of such parks above those required for

23 the operation and maintenance of such parks shall be re24 mitted to such airport: Provided further, That the Federal

25 Aviation Administration does not find that any use of, or
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1 structures on, Kimery Park and Family Park are incom2 patible with the safe and efficient use of the airport.

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

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

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

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

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

8 work injuries associated with employment with the De9 partment of Transportation (excluding the Maritime Ad10 ministration).

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

12 this Act, is eligible to receive an immediate annuity de13 scribed in subsection (a) may continue to receive such

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

15 1996.

16 (c) For the purposes of section (a), the time an individ17 ual has spent on the worker’s compensation rolls shall be

18 counted as regular employment time.

19 SEC. 340. None of the funds in this Act shall be avail20 able to pay the salaries and expenses of any individual

21 to arrange tours of scientists or engineers employed by

22 or working for the People’s Republic of China, to hire citi23 zens of the People’s Republic of China to participate in

24 research fellowships sponsored by the Federal Highway

25 Administration or other modal administrations of the De-
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1 partment of Transportation, or to provide training or any

2 form of technology transfer to scientists or engineers em3 ployed by or working for the People’s Republic of China.

4 SEC. 341. None of the funds in this Act may be used

5 to support Federal Transit Administration’s field oper6 ations and oversight of the Washington Metropolitan Area

7 Transit Authority in any location other than from the

8 Washington, D.C. metropolitan area.

9 SEC. 342. In addition to the sums made available to

10 the Department of Transportation, $8,421,000 shall be

11 available on the effective date of legislation transferring

12 certain rail and motor carrier functions from the Inter13 state Commerce Commission to the Department of Trans14 portation: Provided, That such amount shall be available

15 only to the extent authorized by law: Provided further,

16 That of the fees collected pursuant to 31 U.S.C. 9701 in

17 fiscal year 1996 by the successors of the Interstate Com18 merce Commission, one-twelfth of $8,300,000 of those

19 fees shall be made available for each month during fiscal

20 year 1996 that the successors of the Interstate Commerce

21 Commission carry out the transferred rail and motor car22 rier functions.

23 SEC. 343. Notwithstanding any other law, the funds

24 available for obligation to carry out the project in West

25 Calcasieu Parish, Louisiana, authorized by section
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1 149(a)(87) of the Surface Transportation and Uniform Re2 location Assistance Act of 1987 (Public Law 101–17; 101

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

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

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

6 Surface Transportation Efficiency Act of 1991 (Public Law

7 102–240; 105 Stat. 2038).

8 SEC. 344. Improvements identified as highest priority

9 by section 1069(t) of Public Law 102–240 and funded pur10 suant to section 118(c)(2) of title 23, United States Code,

11 shall not be treated as an allocation for Interstate mainte12 nance for such fiscal year under section 157(a)(4) of title

13 23, United States Code, and sections 1013(c), 1015(a)(1),

14 and 1015(b)(1) of Public Law 102–240: Provided further,

15 any discretionary grant made pursuant to Public Law 99–

16 663 shall not be subject to Section 1015 of Public Law 102–

17 240.

18 SEC. 345. The Secretary, in consultation with the Sec19 retary of Labor and the Administrator of the Environ20 mental Protection Agency shall, within three months of the

21 date of enactment of this Act, carry out research to identify

22 successful telecommuting programs in the public and pri23 vate sectors and provide for the dissemination to the public

24 of information regarding the establishment of successful

25 telecommuting programs and the benefits and costs of
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1 telecommuting. Within one year of the date of enactment

2 of this Act, the Secretary shall report to Congress its find3 ings, conclusions, and recommendations regarding

4 telecommuting developed under this section.

5 SEC. 346. Notwithstanding section 1003(c) of Public

6 Law 102–240, authorizations for the Indian Reservation

7 Roads under Section 1003(a)(6)(A) of Public Law 102–240

8 shall be exempt from any reduction in authorizations for

9 budget compliance.

10 SEC. 347. Notwithstanding any other provision of law,

11 for fiscal year 1996, the Secretary shall allocate to a State

12 an additional amount of funding for its Federal-aid high13 way programs on a dollar for dollar basis to the extent that

14 prior year unobligated balances are withdrawn and can15 celed. Such funds are subject to the obligation ceiling for

16 Federal-aid Highways set by annual appropriations Acts.

17 SEC. 348. Notwithstanding any other provision of law,

18 for fiscal year 1996, a State may, at its option, transfer

19 those funds authorized or appropriated for highway dem20 onstration projects under Public Law 102–240, Public Law

21 100–17, Public Law 97–424, or under an applicable appro22 priations act for the Department of Transportation, to its

23 apportionment under section 104(b)(1), (2), (3), (5), and

24 144 of title 23, United States Code: Provided, That dem25 onstration projects upon which such funds are drawn have
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1 not gone to construction (although obligations may have

2 been incurred for preliminary engineering or environ3 mental studies). Funds transferred under this section shall

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

5 relating to the apportionment to which they are transferred

6 and shall be subject to the obligation ceiling for Federal7 aid highways set by annual appropriations Acts.

8 SEC. 349. INTERSTATE COMPACT INFRASTRUCTURE

9 BANKS.—Chapter 3 of title 49, United States Code, is

10 amended by the addition of the following new section 334:

11 ‘‘SEC. 334. INTERSTATE COMPACT INFRASTRUCTURE

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

13 order to increase public investment, attract needed private

14 investment, and promote an intermodal transportation net15 work, Congress grants consent to the States to enter into

16 interstate compacts establishing transportation infrastruc17 ture banks to promote regional or multi-State investment

18 in transportation infrastructure and thereby improve eco19 nomic productivity.

20 ‘‘(b) ASSISTANCE FOR TRANSPORTATION PROJECTS,

21 PROGRAMS, AND ACTIVITIES.—An Interstate Compact

22 Transportation Infrastructure Bank (Infrastructure Bank)

23 established under this section may make loans, issue debt

24 under the authority of the Infrastructure Bank’s State ju25 risdictions either jointly or separately as the Infrastructure
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1 Bank and its jurisdictions determine, and provide other as2 sistance to public or private entities constructing, or pro3 posing to construct or initiate, transportation projects, pro4 grams, or activities that are eligible to receive financial as5 sistance under—

6 ‘‘(1) title 23, United States Code, and the Inter7 modal Surface Transportation Efficiency Act of 1991;

8 and

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

10 B, of this title.

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

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

13 entity in an amount equal to all or part of the cost of con14 struction or capital cost of a qualifying project. The amount

15 of any loan or other assistance received for a qualifying

16 project under this section may be subordinated to any other

17 debt financing for the project. For purposes of this sub18 section, the term ‘other assistance’ includes any use of funds

19 for the purpose of credit enhancements, use as a capital re20 serve for bond or debt instrument financing, bond or debt

21 instrument financing issuance costs, bond or debt issuance

22 financing insurance, subsidizing of interest rates, letters of

23 credit, credit instruments, bond or debt financing instru24 ment security, other forms of debt financing that relate to
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1 the qualifying project, and other leveraging tools approved

2 by the Secretary.

3 ‘‘(d) INTERSTATE COMPACT TRANSPORTATION INFRA4 STRUCTURE BANK REQUIREMENTS.—In order to qualify an

5 Interstate Compact Transportation Infrastructure Bank for

6 capitalization grants under this section, each participating

7 State shall—

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

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

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

11 percent of each capitalization grant or, if lower be12 cause of the proportion of Federal lands in the State,

13 the proportional non-Federal share that a State

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

15 title 23;

16 ‘‘(2) ensure that the Infrastructure Bank main17 tains on a continuing basis an investment grade rat18 ing on its debt issuances or has a sufficient level of

19 bond or debt financing instrument insurance to

20 maintain the viability of the fund;

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

22 the funds deposited into an Infrastructure Bank shall

23 be—

24 ‘‘(A) credited to the Infrastructure Bank;
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1 ‘‘(B) available for use in providing loans

2 and other assistance to qualifying projects, pro3 grams, or activities from the Infrastructure

4 Bank; and

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

6 bank deposits, or such other financing instru7 ments as the Secretary may provide to earn in8 terest to enhance the leveraging of qualifying

9 transportation activities;

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

11 other assistance to a State from any loan under this

12 section may be credited to the Infrastructure Bank or

13 obligated for any purpose for which the loaned funds

14 were available under this title or title 23;

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

16 Bank shall bear any positive interest the Bank deter17 mines appropriate to make the qualifying project fea18 sible;

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

20 Infrastructure Bank shall commence not later than

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

22 project, activity or facility has been completed;

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

24 shall not exceed 30 years from the date of obligation

25 of the loan;
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1 ‘‘(8) limit any assignment, transfer, or loan to

2 an Infrastructure Bank to not more than the amount

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

4 this section; and

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

6 annual report to the Secretary on its status no later

7 than September 30 of each year.

8 ‘‘(e) SECRETARIAL REQUIREMENTS.—In administer9 ing this section, the Secretary shall—

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

11 reserves shall be at a rate consistent with historic

12 rates for the Federal-aid highway program; and

13 ‘‘(2) specify procedures and guidelines for estab14 lishing, operating, and making loans from an Infra15 structure Bank.

16 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS; CONTRIBU17 TIONS FROM TITLE 23 APPORTIONMENTS.—(1) There are

18 authorized to be appropriated from the Airport and Airway

19 Trust Fund established under section 9502 of the Internal

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

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

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

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

24 Transportation Efficiency Act of 1991), a State may con25 tribute to an Infrastructure Bank up to 10 percent of fed-
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1 eral funds apportioned under section 104(b) of title 23 that

2 are subject to the annual Federal-aid Highways obligation

3 limitation, except for interstate construction.

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

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

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

7 that does not exceed the traditional rate of disbursement

8 for the Airport Improvement Program or the Federal-aid

9 Highway program, respectively.

10 ‘‘(g) STATE ALLOCATION.—The Secretary shall appor11 tion to the chief executive of each State choosing to partici12 pate in an Infrastructure Bank the percentage allocation

13 of the amount available under paragraph (e)(1) of this sec14 tion on the first day of the fiscal year, as follows:

‘‘State Percentage

‘‘Alabama .................................................................................................. 1.26

‘‘Alaska ...................................................................................................... 5.64

‘‘Arizona .................................................................................................... 2.20

‘‘Arkansas .................................................................................................. 0.74

‘‘California ................................................................................................ 8.57

‘‘Colorado .................................................................................................. 2.31

‘‘Connecticut .............................................................................................. 0.74

‘‘Delaware ................................................................................................. 0.04

‘‘District of Columbia ............................................................................... 0.01

‘‘Florida ..................................................................................................... 6.49

‘‘Georgia .................................................................................................... 3.08

‘‘Hawaii .................................................................................................... 2.54

‘‘Idaho ........................................................................................................ 0.75

‘‘Illinois ..................................................................................................... 3.92

‘‘Indiana .................................................................................................... 1.46

‘‘Iowa ......................................................................................................... 0.95

‘‘Kansas ..................................................................................................... 0.68

‘‘Kentucky ................................................................................................. 1.80

‘‘Louisiana ................................................................................................ 1.34

‘‘Maine ....................................................................................................... 0.66

‘‘Maryland ................................................................................................. 0.84

‘‘Massachusetts .......................................................................................... 1.72

‘‘Michigan ................................................................................................. 2.68

‘‘Minnesota ................................................................................................ 1.59
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‘‘Mississippi .............................................................................................. 0.76

‘‘Missouri ................................................................................................... 1.92

‘‘Montana .................................................................................................. 1.10

‘‘Nebraska .................................................................................................. 0.87

‘‘Nevada ..................................................................................................... 1.46

‘‘New Hampshire ...................................................................................... 0.28

‘‘New Jersey .............................................................................................. 1.16

‘‘New Mexico ............................................................................................. 0.98

‘‘New York ................................................................................................. 5.82

‘‘North Carolina ........................................................................................ 2.92

‘‘North Dakota .......................................................................................... 0.61

‘‘Ohio ......................................................................................................... 2.32

‘‘Oklahoma ................................................................................................ 0.97

‘‘Oregon ..................................................................................................... 1.15

‘‘Pennsylvania .......................................................................................... 3.29

‘‘Rhode Island ........................................................................................... 0.39

‘‘South Carolina ....................................................................................... 1.05

‘‘South Dakota .......................................................................................... 0.55

‘‘Tennessee ................................................................................................. 2.13

‘‘Texas ........................................................................................................ 7.64

‘‘Utah ......................................................................................................... 1.04

‘‘Vermont ................................................................................................... 0.22

‘‘Virginia ................................................................................................... 2.91

‘‘Washington ............................................................................................. 1.78

‘‘West Virginia .......................................................................................... 0.58

‘‘Wisconsin ................................................................................................ 1.41

‘‘Wyoming ................................................................................................. 0.74

‘‘Puerto Rico ............................................................................................. 0.99

1 ‘‘(g) UNITED STATES NOT OBLIGATED.—The deposit

2 of Federal apportionments into an Infrastructure Bank

3 shall not be construed as a commitment, guarantee, or obli4 gation on the part of the United States to any third party,

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

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

8 an Infrastructure Bank shall expressly state that the secu9 rity or instrument does not constitute a commitment, guar10 antee, or obligation of the United States.
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1 ‘‘(h) MANAGEMENT OF FEDERAL FUNDS.—Sections

2 3335 and 6503 of title 31, United States Code, shall not

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

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

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

6 amount not to exceed two percent of the Federal funds de7 posited into that Infrastructure Bank by the State to pro8 vide for the reasonable costs of administering the fund.’’.

9 (b) RESCISSION OF CONTRACT AUTHORIZATION.—Of

10 the available contract authority balances under the account

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

12 $250,000,000 are rescinded.

13 SEC. 350. (a) In consultation with the employees of

14 the Federal Aviation Administration and such nongovern15 mental experts in personnel management systems as he may

16 employ, and notwithstanding the provisions of title 5, Unit17 ed States Code, and other Federal personnel laws, the Sec18 retary of Transportation shall develop and implement, not

19 later than January 1, 1996, a personnel management sys20 tem for the Federal Aviation Administration that addresses

21 the unique demands on the agency’s workforce. Such new

22 system shall, at a minimum, provide for greater flexibility

23 in the hiring, training, compensation, and location of per24 sonnel.
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1 (b) The provisions of title 5, United States Code, shall

2 not apply to the new personnel management system devel3 oped and implemented pursuant to subsection (a), with the

4 exception of:

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

6 protection;

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

8 the right to strike;

9 (3) Section 7204, relating to antidiscrimination;

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

11 and conduct;

12 (5) Chapter 81, relating to compensation for

13 work injury; and

14 (6) Chapters 83–85, 87, and 89, relating to re15 tirement and insurance coverage.

16 SEC. 351. (a) In consultation with such non-govern17 mental experts in acquisition management systems as he

18 may employ, and notwithstanding provisions of Federal ac19 quisition law, the Secretary of Transportation shall develop

20 and implement, not later than January 1, 1996, an acqui21 sition management system for the Federal Aviation Admin22 istration that addresses the unique needs of the agency and,

23 at a minimum, provides for more timely and cost-effective

24 acquisitions of equipment and materials.
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1 (b) The following provisions of Federal acquisition law

2 shall not apply to the new acquisition management system

3 developed and implemented pursuant to subsection (a):

4 (1) Title III of the Federal Property and Admin5 istrative Services Act of 1949 (41 U.S.C. 252–266);

6 (2) The Office of Federal Procurement Policy Act

7 (41 U.S.C. 401 et seq.);

8 (3) The Federal Acquisition Streamlining Act of

9 1994 (Public Law 103–355);

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

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

12 awarded contracts shall be provided to small business

13 concerns and small business concerns owned and con14 trolled by socially and economically disadvantaged

15 individuals;

16 (5) The Competition in Contracting Act;

17 (6) Subchapter V of Chapter 35 of title 31, relat18 ing to the procurement protest system;

19 (7) The Brooks Automatic Data Processing Act

20 (40 U.S.C. 759); and

21 (8) The Federal Acquisition Regulation and any

22 laws not listed in (a) through (e) of this section pro23 viding authority to promulgate regulations in the

24 Federal Acquisition Regulation.
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1 SEC. 352. Section 40118(h)(2) of title 49, United

2 States Code, is amended by striking the second sentence in

3 that paragraph and inserting in lieu thereof the following:

4 ‘‘After review and a public hearing, the Secretary may end

5 any part of the authority of the agency to impose a pas6 senger facility fee, except for that portion necessary to make

7 payments for debt service due by the agency on indebtedness

8 incurred to carry out an eligible airport-related project.’’

9 SEC. 353. Funds provided in this Act for bonuses and

10 cash awards for employees of the Department of Transpor11 tation shall be reduced by $752,852, which limits fiscal year

12 1995 obligation authority to no more than $25,875,075:

13 Provided, That this provision shall be applied to funds for

14 Senior Executive Service bonuses, merit pay, and other bo15 nuses and cash awards.

16 SEC. 354. Not to exceed $850,000 of the funds provided

17 in this Act for the Department of Transportation shall be

18 available for the necessary expenses of advisory committees.

19 SEC. 355. Notwithstanding any other provision of law,

20 the Secretary may use funds appropriated under this Act,

21 or any subsequent Act, to administer and implement the

22 exemption provisions of 49 CFR 580.6 and to adopt or

23 amend exemptions from the disclosure requirements of 49

24 CFR Part 580 for any class or category of vehicles that

25 the Secretary deems appropriate.
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1 SEC. 356. (a) The Federal Aviation Administration

2 Technical Center located at the Atlantic City International

3 Airport in Pomona, New Jersey, shall be known and des4 ignated as the ‘‘William J. Hughes Technical Center’’.

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

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

7 Aviation Administration Technical Center referred to in

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

9 J. Hughes Technical Center’’.

10 SEC. 357. None of the funds in this Act may be used

11 to close any multi-mission small boat stations or subunits:

12 Provided, That the Secretary may implement any manage13 ment efficiencies within the small boat unit system, such

14 as modifying the operational posture of units or reallocat15 ing resources as necessary to ensure the safety of the mari16 time public nationwide, provided that no stations or

17 subunits may be closed.

18 SEC. 358. Notwithstanding any other provision of law,

19 of the $29,596,000 available for obligation authorized by

20 item 21 of the table in section 1105(f) of the Intermodal

21 Surface Transportation Efficiency Act of 1991 (Public Law

22 102–240; 105 Stat. 2038), $6,000,000 shall be made avail23 able for obligation to carry out surface transportation

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

25 made available for completion of the I–10 and I–610 project
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1 in New Orleans, Louisiana and $1,000,000 shall be made

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

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

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

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

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

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

8 Ouachita River.

9 SEC. 359. TRANSFER OF CERTAIN FEDERAL PROP10 ERTY IN NEW JERSEY.—The first section of the Act entitled

11 ‘‘An Act transferring certain Federal property to the city

12 of Hoboken, New Jersey’’, approved September 27, 1982

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

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

15 end, and

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

17 (b) and all that follows through ‘‘New Jersey; concur18 rent with’’ and inserting the following: ‘‘Stat. 220);

19 concurrent with’’.
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1 TITLE IV—PROVIDING FOR THE ADOP2 TION OF MANDATORY STANDARDS

3 AND PROCEDURES GOVERNING THE

4 ACTIONS OF ARBITRATORS IN THE AR5 BITRATION OF LABOR DISPUTES IN6 VOLVING TRANSIT AGENCIES OPERAT7 ING IN THE NATIONAL CAPITAL AREA

8 SECTION 401. SHORT TITLE.

9 This title may be cited as the ‘‘National Capital Area

10 Interest Arbitration Standards Act of 1995’’.

11 SEC. 402. FINDINGS AND PURPOSES.

12 (a) FINDINGS.—The Congress finds that—

13 (1) affordable public transportation is essential

14 to the economic vitality of the national capital area

15 and is an essential component of regional efforts to

16 improve air quality to meet environmental require17 ments and to improve the health of both residents

18 of and visitors to the national capital area as well

19 as to preserve the beauty and dignity of the Nation’s

20 capital;

21 (2) use of mass transit by both residents of and

22 visitors to the national capital area is substantially

23 affected by the prices charged for such mass transit

24 services, prices that are substantially affected by
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labor costs, since more than 2 1 ⁄3 of operating costs

2 are attributable to labor costs;

3 (3) labor costs incurred in providing mass tran4 sit in the national capital area have increased at an

5 alarming rate and wages and benefits of operators

6 and mechanics currently are among the highest in

7 the Nation;

8 (4) higher operating costs incurred for public

9 transit in the national capital area cannot be offset

10 by increasing costs to patrons, since this often dis11 courages ridership and thus undermines the public

12 interest in promoting the use of public transit;

13 (5) spiraling labor costs cannot be offset by the

14 governmental entities that are responsible for sub15 sidy payments for public transit services since local

16 governments generally, and the District of Columbia

17 government in particular, are operating under severe

18 fiscal constraints;

19 (6) imposition of mandatory standards applica20 ble to arbitrators resolving arbitration disputes in21 volving interstate compact agencies operating in the

22 national capital area will ensure that wage increases

23 are justified and do not exceed the ability of transit

24 patrons and taxpayers to fund the increase; and
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1 (7) Federal legislation is necessary under Arti2 cle I of section 8 of the United States Constitution

3 to balance the need to moderate and lower labor

4 costs while maintaining industrial peace.

5 (b) PURPOSE.—It is therefore the purpose of this Act

6 to adopt standards governing arbitration which must be

7 applied by arbitrators resolving disputes involving inter8 state compact agencies operating in the national capital

9 area in order to lower operating costs for public transpor10 tation in the Washington metropolitan area.

11 SEC. 403. DEFINITIONS.

12 As used in this Title—

13 (1) the term ‘‘arbitration’’ means—

14 (A) the arbitration of disputes, regarding

15 the terms and conditions of employment, that is

16 required under an interstate compact governing

17 an interstate compact agency operating in the

18 national capital area; and

19 (B) does not include the interpretation and

20 application of rights arising from an existing

21 collective bargaining agreement;

22 (2) the term ‘‘arbitrator’’ refers to either a sin23 gle arbitrator, or a board of arbitrators, chosen

24 under applicable procedures;
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1 (3) an interstate compact agency’s ‘‘funding

2 ability’’ is the ability of the interstate compact agen3 cy, or of any governmental jurisdiction which pro4 vides subsidy payments or budgetary assistance to

5 the interstate compact agency, to obtain the nec6 essary financial resources to pay for wage and bene7 fit increases for employees of the interstate compact

8 agency;

9 (4) the term ‘‘interstate compact agency operat10 ing in the national capital area’’ means any inter11 state compact agency which provides public transit

12 services;

13 (5) the term ‘‘interstate compact agency’’

14 means any agency established by an interstate com15 pact to which the District of Columbia is a signa16 tory; and

17 (6) the term ‘‘public welfare’’ includes, with re18 spect to arbitration under an interstate compact—

19 (A) the financial ability of the individual

20 jurisdictions participating in the compact to pay

21 for the costs of providing public transit services;

22 and

23 (B) the average per capita tax burden,

24 during the term of the collective bargaining

25 agreement to which the arbitration relates, of
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1 the residents of the Washington, D.C. metro2 politan area, and the effect of an arbitration

3 award rendered pursuant to such arbitration on

4 the respective income or property tax rates of

5 the jurisdictions which provide subsidy pay6 ments to the interstate compact agency estab7 lished under the compact.

8 SEC. 404. STANDARDS FOR ARBITRATORS.

9 (a) FACTORS IN MAKING ARBITRATION AWARD.—An

10 arbitrator rendering an arbitration award involving the

11 employees of an interstate compact agency operating in

12 the national capital area may not make a finding or a deci13 sion for inclusion in a collective bargaining agreement gov14 erning conditions of employment without considering the

15 following factors:

16 (1) The existing terms and conditions of em17 ployment of the employees in the bargaining unit.

18 (2) All available financial resources of the inter19 state compact agency.

20 (3) The annual increase or decrease in

21 consumer prices for goods and services as reflected

22 in the most recent consumer price index for the

23 Washington, D.C. metropolitan area, published by

24 the Bureau of Labor Statistics of the United States

25 Department of Labor.
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1 (4) The wages, benefits, and terms and condi2 tions of the employment of other employees who per3 form, in other jurisdictions in the Washington, D.C.

4 standard metropolitan statistical area, services simi5 lar to those in the bargaining unit.

6 (5) The special nature of the work performed

7 by the employees in the bargaining unit, including

8 any hazards or the relative ease of employment,

9 physical requirements, educational qualifications, job

10 training and skills, shift assignments, and the de11 mands placed upon the employees as compared to

12 other employees of the interstate compact agency.

13 (6) The interests and welfare of the employees

14 in the bargaining unit, including—

15 (A) the overall compensation presently re16 ceived by the employees, having regard not only

17 for wage rates but also for wages for time not

18 worked, including vacations, holidays, and other

19 excused absences;

20 (B) all benefits received by the employees,

21 including previous bonuses, insurance, and pen22 sions; and

23 (C) the continuity and stability of employ24 ment.

25 (7) The public welfare.
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1 (b) COMPACT AGENCY’S FUNDING ABILITY.—An ar2 bitrator rendering an arbitration award involving the em3 ployees of an interstate compact agency operating in the

4 national capital area may not, with respect to a collective

5 bargaining agreement governing conditions of employ6 ment, provide for salaries and other benefits that exceed

7 the interstate compact agency’s funding ability.

8 (c) REQUIREMENTS FOR FINAL AWARD.—In resolv9 ing a dispute submitted to arbitration involving the em10 ployees of an interstate compact agency operating in the

11 national capital area, the arbitrator shall issue a written

12 award that demonstrates that all the factors set forth in

13 subsections (a) and (b) have been considered and applied.

14 An award may grant an increase in pay rates or benefits

15 (including insurance and pension benefits), or reduce

16 hours of work, only if the arbitrator concludes that any

17 costs to the agency do not adversely affect the public wel18 fare. The arbitrator’s conclusion regarding the public wel19 fare must be supported by substantial evidence.

20 SEC. 405. PROCEDURES FOR ENFORCEMENT OF AWARDS.

21 (a) MODIFICATIONS AND FINALITY OF AWARD.—In

22 the case of an arbitration award to which section 404 ap23 plies, the interstate compact agency and the employees in

24 the bargaining unit, through their representative, may

25 agree in writing upon any modifications to the award with-
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1 in 10 days after the award is received by the parties. After

2 the end of that 10-day period, the award, with any such

3 modifications, shall become binding upon the interstate

4 compact agency, the employees in the bargaining unit, and

5 the employees’ representative.

6 (b) IMPLEMENTATION.—Each party to an award that

7 becomes binding under subsection (a) shall take all actions

8 necessary to implement the award.

9 (c) JUDICIAL REVIEW.—Within 60 days after an

10 award becomes binding under subsection (a), the inter11 state compact agency or the exclusive representative of the

12 employees concerned may file a civil action in a court

13 which has jurisdiction over the interstate compact agency

14 for review of the award. The court shall review the award

15 on the record, and shall vacate the award or any part of

16 the award, after notice and a hearing, if—

17 (1) the award is in violation of applicable law;

18 (2) the arbitrator exceeded the arbitrator’s pow19 ers;

20 (3) the decision by the arbitrator is arbitrary or

21 capricious;

22 (4) the arbitrator conducted the hearing con23 trary to the provisions of this title or other statutes

24 or rules that apply to the arbitration so as to sub25 stantially prejudice the rights of a party;
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1 (5) there was partiality or misconduct by the

2 arbitrator prejudicing the rights of a party;

3 (6) the award was procured by corruption,

4 fraud, or bias on the part of the arbitrator; or

5 (7) the arbitrator did not comply with the pro6 visions of section 404.

7 TITLE V

8 ADDITIONAL GENERAL PROVISIONS

9 SEC. 501. None of the funds made available in this

10 Act may be used for improvements to the Miller Highway

11 in New York City, New York.

12 This Act may be cited as the ‘‘Department of Trans13 portation and Related Agencies Appropriations Act,

14 1996’’.

Passed the House of Representatives July 25, 1995.

Attest: ROBIN H. CARLE,

Clerk.

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