PUBLIC LAW 104–50—NOV. 15, 1995

DEPARTMENT OF TRANSPORTATION AND

RELATED AGENCIES APPROPRIATIONS ACT,

1996
109 STAT. 436 PUBLIC LAW 104–50—NOV. 15, 1995

Public Law 104–50

104th Congress

An Act

Making appropriations for the Department of Transportation and related agencies

for the fiscal year ending September 30, 1996, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the Department of Transportation

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

and for other purposes, namely:

TITLE I

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary,

$56,189,000, of which not to exceed $40,000 shall be available

as the Secretary may determine for allocation within the Department for official reception and representation expenses: Provided,

That notwithstanding any other provision of law, there may be

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

in user fees established to support the electronic tariff filing system:

Provided further, That none of the funds appropriated in this Act

or otherwise made available may be used to maintain custody

of airline tariffs that are already available for public and departmental access at no cost; to secure them against detection, alteration, or tampering; and open to inspection by the Department.

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $6,554,000,

and in addition, $809,000, to be derived from ‘‘Federal-aid Highways’’ subject to the ‘‘Limitation on General Operating Expenses’’.

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning,

research, systems development, and development activities, to

remain available until expended, $8,220,000.

Department of

Transportation

and Related

Agencies

Appropriations

Act, 1996.

Nov. 15, 1995

[H.R. 2002]
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 437

WORKING CAPITAL FUND

Necessary expenses for operating costs and capital outlays of

the Department of Transportation Working Capital Fund associated

with the provision of services to entities within the Department

of Transportation, not to exceed $103,149,000 shall be paid, in

accordance with law, from appropriations made available to the

Department of Transportation.

PAYMENTS TO AIR CARRIERS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

For liquidation of obligations incurred for payments to air carriers of so much of the compensation fixed and determined under

subchapter II of chapter 417 of title 49, United States Code, as

is payable by the Department of Transportation, $22,600,000, to

remain available until expended and to be derived from the Airport

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

Act shall be available for the implementation or execution of programs in excess of $22,600,000 for the Payments to Air Carriers

program in fiscal year 1996: Provided further, That none of the

funds in this Act shall be used by the Secretary of Transportation

to make payment of compensation under subchapter II of chapter

417 of title 49, United States Code, in excess of the appropriation

in this Act for liquidation of obligations incurred under the ‘‘Payments to air carriers’’ program: Provided further, That none of

the funds in this Act shall be used for the payment of claims

for such compensation except in accordance with this provision:

Provided further, That none of the funds in this Act shall be

available for service to communities in the forty-eight contiguous

States that are located fewer than seventy highway miles from

the nearest large or medium hub airport, or that require a rate

of subsidy per passenger in excess of $200 unless such point is

greater than two hundred and ten miles from the nearest large

or medium hub airport: Provided further, That of funds provided

for ‘‘Small Community Air Service’’ by Public Law 101–508,

$16,000,000 in fiscal year 1996 is hereby rescinded.

PAYMENTS TO AIR CARRIERS

(RESCISSION)

Of the budgetary resources remaining available under this

heading, $6,786,971 are rescinded.

RENTAL PAYMENTS

For necessary expenses for rental of headquarters and field

space not to exceed 8,580,000 square feet and for related services

assessed by the General Services Administration, $135,200,000:

Provided, That of this amount, $1,897,000 shall be derived from

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

Airport and Airway Trust Fund, $836,000 shall be derived from

the Pipeline Safety Fund, and $169,000 shall be derived from the
109 STAT. 438 PUBLIC LAW 104–50—NOV. 15, 1995

Harbor Maintenance Trust Fund: Provided further, That in addition,

for assessments by the General Services Administration related

to the space needs of the Federal Highway Administration,

$17,685,000, to be derived from ‘‘Federal-aid Highways’’, subject

to the ‘‘Limitation on General Operating Expenses’’.

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of direct loans, $1,500,000, as authorized by 49

U.S.C. 332: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds

are available to subsidize gross obligations for the principal amount

of direct loans not to exceed $15,000,000. In addition, for administrative expenses to carry out the direct loan program, $400,000.

MINORITY BUSINESS OUTREACH

For necessary expenses of the Minority Business Resource Center outreach activities, $2,900,000, of which $2,642,000 shall remain

available until September 30, 1997: Provided, That notwithstanding

49 U.S.C. 332, these funds may be used for business opportunities

related to any mode of transportation.

COAST GUARD

OPERATING EXPENSES

For necessary expenses for the operation and maintenance of

the Coast Guard, not otherwise provided for; purchase of not to

exceed five passenger motor vehicles for replacement only; payments

pursuant to section 156 of Public Law 97–377, as amended (42

U.S.C. 402 note), and section 229(b) of the Social Security Act

(42 U.S.C. 429(b)); and recreation and welfare; $2,278,991,000, of

which $25,000,000 shall be derived from the Oil Spill Liability

Trust Fund; and of which $20,000,000 shall be expended from

the Boat Safety Account: Provided, That the number of aircraft

on hand at any one time shall not exceed two hundred and eighteen,

exclusive of aircraft and parts stored to meet future attrition: Provided further, That none of the funds appropriated in this or any

other Act shall be available for pay or administrative expenses

in connection with shipping commissioners in the United States:

Provided further, That none of the funds provided in this Act

shall be available for expenses incurred for yacht documentation

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

from yacht owners and credited to this appropriation: Provided

further, That the Commandant shall reduce both military and

civilian employment levels for the purpose of complying with Executive Order No. 12839.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, renovation,

and improvement of aids to navigation, shore facilities, vessels,

and aircraft, including equipment related thereto, $362,375,000,

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

Trust Fund; of which $167,600,000 shall be available to acquire,

repair, renovate or improve vessels, small boats and related equip14 USC 92 note.
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 439

ment, to remain available until September 30, 2000; $12,000,000

shall be available to acquire new aircraft and increase aviation

capability, to remain available until September 30, 1998;

$49,200,000 shall be available for other equipment, to remain available until September 30, 1998; $88,875,000 shall be available for

shore facilities and aids to navigation facilities, to remain available

until September 30, 1998; and $44,700,000 shall be available for

personnel compensation and benefits and related costs, to remain

available until September 30, 1996: Provided, That funds received

from the sale of the VC–11A and HU–25 aircraft shall be credited

to this appropriation for the purpose of acquiring new aircraft

and increasing aviation capacity: Provided further, That the Commandant may dispose of surplus real property by sale or lease

and the proceeds of such sale or lease shall be credited to this

appropriation.

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the Coast Guard’s environ- mental compliance and restoration functions under chapter 19 of

title 14, United States Code, $21,000,000, to remain available until

expended.

PORT SAFETY DEVELOPMENT

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

ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive bridges, $16,000,000, to remain available until expended.

RETIRED PAY

For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose,

and payments under the Retired Serviceman’s Family Protection

and Survivor Benefits Plans, and for payments for medical care

of retired personnel and their dependents under the Dependents

Medical Care Act (10 U.S.C. ch. 55), $582,022,000.

RESERVE TRAINING

For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and

supplies, equipment, and services; $62,000,000.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses, not otherwise provided for, for applied

scientific research, development, test, and evaluation; maintenance,

rehabilitation, lease and operation of facilities and equipment, as

authorized by law, $18,000,000, to remain available until expended,

of which $3,150,000 shall be derived from the Oil Spill Liability

Trust Fund: Provided, That there may be credited to this appropriation funds received from State and local governments, other public

authorities, private sources, and foreign countries, for expenses

incurred for research, development, testing, and evaluation.
109 STAT. 440 PUBLIC LAW 104–50—NOV. 15, 1995

BOAT SAFETY

(AQUATIC RESOURCES TRUST FUND)

For payment of necessary expenses incurred for recreational

boating safety assistance under Public Law 92–75, as amended,

$20,000,000, to be derived from the Boat Safety Account and to

remain available until expended.

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Federal Aviation Administration,

not otherwise provided for, including operations and research activities related to commercial space transportation, administrative

expenses for research and development, establishment of air navigation facilities and the operation (including leasing) and maintenance

of aircraft, and carrying out the provisions of subchapter I of chapter

471 of title 49, U.S.Code, or other provisions of law authorizing

the obligation of funds for similar programs of airport and airway

development or improvement, lease or purchase of four passenger

motor vehicles for replacement only, $4,645,712,000, of which

$2,222,859,100 shall be derived from the Airport and Airway Trust

Fund: Provided, That there may be credited to this appropriation

funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses

incurred in the provision of agency services, including receipts

for the maintenance and operation of air navigation facilities and

for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related

thereto, or for processing major repair or alteration forms: Provided

further, That funds may be used to enter into a grant agreement

with a nonprofit standard setting organization to assist in the

development of aviation safety standards: Provided further, That

none of the funds in this Act shall be available for new applicants

for the second career training program: Provided further, That

none of the funds in this Act shall be available for paying premium

pay under 5 U.S.C. 5546(a) to any Federal Aviation Administration

employee unless such employee actually performed work during

the time corresponding to such premium pay: Provided further,

That the Secretary may transfer funds to this account, from Coast

Guard ‘‘Operating expenses’’, not to exceed $60,000,000 in total

for the fiscal year, fifteen days after written notification to the

House and Senate Committees on Appropriations, solely for the

purpose of providing additional funds for air traffic control operations and maintenance to enhance aviation safety and security:

Provided further, That the unexpended balances of the appropriation ‘‘Office of Commercial Space Transportation, Operations and

Research’’ shall be transferred to and merged with this appropriation: Provided further, That none of the funds derived from the

Airport and Airway Trust Fund may be used to support the operations and activities of the Associate Administrator for Commercial

Space Transportation.
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 441

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and

hire of air navigation and experimental facilities and equipment

as authorized under part A of subtitle VII of title 49, U.S.Code,

including initial acquisition of necessary sites by lease or grant;

engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; and

construction and furnishing of quarters and related accommodations

for officers and employees of the Federal Aviation Administration

stationed at remote localities where such accommodations are not

available; and the purchase, lease, or transfer of aircraft from

funds available under this head; to be derived from the Airport

and Airway Trust Fund, $1,934,883,000, of which $1,708,883,000

shall remain available until September 30, 1998, of which

$216,000,000 shall remain available until September 30, 1996, and

of which $10,000,000, to remain available until expended, is for

funding noncompetitive cooperative agreements with air carriers

to assist them in acquiring and installing the following advanced

security equipment: (1) hardened unit load devices, (2) explosive

detection systems certified by the Federal Aviation Administration,

and (3) computer-aided screener training and proficiency systems,

in order to evaluate such equipment’s operational feasibility and

effectiveness in improving civil aviation security: Provided, That

there may be credited to this appropriation funds received from

States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities.

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION)

Of the available balances under this heading, $60,000,000 are

rescinded.

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for

research, engineering, and development, as authorized under part

A of subtitle VII of title 49, U.S.C., including construction of experimental facilities and acquisition of necessary sites by lease or

grant, $185,698,000, to be derived from the Airport and Airway

Trust Fund and to remain available until September 30, 1998:

Provided, That there may be credited to this appropriation funds

received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research,

engineering, and development.
109 STAT. 442 PUBLIC LAW 104–50—NOV. 15, 1995

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(AIRPORT AND AIRWAY TRUST FUND)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and for noise compatibility planning

and programs as authorized under subchapter I of chapter 471

and subchapter I of chapter 475 of title 49, U.S.Code, and under

other law authorizing such obligations, $1,500,000,000, to be derived

from the Airport and Airway Trust Fund and to remain available

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

be available for the planning or execution of programs the obligations for which are in excess of $1,450,000,000 in fiscal year 1996

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

compatibility planning and programs, notwithstanding section

47117(h) of title 49, U.S.Code: Provided further, That none of the

funds in this Act shall be available for the planning and execution

of programs the obligations for which are in excess of $26,000,000

for the ‘‘Military Airports Program’’ and $48,000,000 for the

‘‘Reliever Airports Program’’.

AVIATION INSURANCE REVOLVING FUND

The Secretary of Transportation is hereby authorized to make

such expenditures and investments, within the limits of funds available pursuant to 49 U.S.C. 44307, and in accordance with section

104 of the Government Corporation Control Act, as amended (31

U.S.C. 9104), as may be necessary in carrying out the program

for aviation insurance activities under chapter 443 of title 49,

U.S. Code.

AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM

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

under this head the obligations for which are in excess of $1,600,000

during fiscal year 1996.

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON GENERAL OPERATING EXPENSES

Necessary expenses for administration, operation, including

motor carrier safety program operations, and research of the Federal

Highway Administration not to exceed $509,660,000 shall be paid

in accordance with law from appropriations made available by

this Act to the Federal Highway Administration together with

advances and reimbursements received by the Federal Highway

Administration: Provided, That $208,946,000 of the amount provided herein shall remain available until September 30, 1998.
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 443

HIGHWAY-RELATED SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402 administered

by the Federal Highway Administration, to remain available until

expended, $11,000,000, to be derived from the Highway Trust Fund:

Provided, That not to exceed $100,000 of the amount made available

herein shall be available for ‘‘Limitation on general operating

expenses’’: Provided further, That none of the funds in this Act

shall be available for the planning or execution of programs the

obligations for which are in excess of $11,000,000 in fiscal year

1996 for ‘‘Highway-Related Safety Grants’’.

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

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

implementation or execution of programs the obligations for which

are in excess of $17,550,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 1996.

FEDERAL-AID HIGHWAYS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For carrying out the provisions of title 23, United States Code,

that are attributable to Federal-aid highways, including the

National Scenic and Recreational Highway as authorized by 23

U.S.C. 148, not otherwise provided, including reimbursements for

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

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

derived from the Highway Trust Fund, to remain available until

expended.

RIGHT-OF-WAY REVOLVING FUND

(LIMITATION ON DIRECT LOANS)

(HIGHWAY TRUST FUND)

None of the funds under this head are available for obligations

for right-of-way acquisition during fiscal year 1996.

23 USC 104 note.
109 STAT. 444 PUBLIC LAW 104–50—NOV. 15, 1995

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out 49 U.S.C.

31102, $68,000,000, to be derived from the Highway Trust Fund

and to remain available until expended: Provided, That none of

the funds in this Act shall be available for the implementation

or execution of programs the obligations for which are in excess

of $77,225,000 for ‘‘Motor Carrier Safety Grants’’.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety under part C

of subtitle VI of title 49, United States Code, and chapter 301

of title 49, United States Code, $73,316,570, of which $37,825,850

shall remain available until September 30, 1998: Provided, That

none of the funds appropriated by this Act may be obligated or

expended to plan, finalize, or implement any rulemaking to add

to section 575.104 of title 49 of the Code of Federal Regulations

any requirement pertaining to a grading standard that is different

from the three grading standards (treadwear, traction, and temperature resistance) already in effect.

OPERATIONS AND RESEARCH

(HIGHWAY TRUST FUND)

For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety under 23 U.S.C.

403 and section 2006 of the Intermodal Surface Transportation

Efficiency Act of 1991 (Public Law 102–240), to be derived from

the Highway Trust Fund, $51,884,430, of which $32,247,000 shall

remain available until September 30, 1998.

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For payment of obligations incurred carrying out the provisions

of 23 U.S.C. 153, 402, 408, and 410, chapter 303 of title 49, United

States Code, and section 209 of Public Law 95–599, as amended,

to remain available until expended, $155,100,000, to be derived

from the Highway Trust Fund: Provided, That, notwithstanding

subsection 2009(b) of the Intermodal Surface Transportation Efficiency Act of 1991, none of the funds in this Act shall be available

for the planning or execution of programs the total obligations

for which, in fiscal year 1996, are in excess of $155,100,000 for

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

of which $127,700,000 shall be for ‘‘State and community highway

safety grants’’, $2,400,000 shall be for the ‘‘National Driver Register’’

subject to authorization, and $25,000,000 shall be for section 410
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 445

‘‘Alcohol-impaired driving counter-measures programs’’: Provided

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

rehabilitation or remodeling costs, or for office furnishings and

fixtures for State, local, or private buildings or structures: Provided

further, That not to exceed $5,211,000 of the funds made available

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

community highway safety grants’’: Provided further, That not to

exceed $500,000 of the funds made available for section 410 ‘‘Alcohol-impaired driving counter-measures programs’’ shall be available

for technical assistance to the States: Provided further, That not

to exceed $890,000 of the funds made available for the ‘‘National

Driver Register’’ may be available for administrative expenses.

FEDERAL RAILROAD ADMINISTRATION

OFFICE OF THE ADMINISTRATOR

For necessary expenses of the Federal Railroad Administration,

not otherwise provided for, $14,018,000, of which $1,508,000 shall

remain available until expended: Provided, That none of the funds

in this Act shall be available for the planning or execution of

a program making commitments to guarantee new loans under

the Emergency Rail Services Act of 1970, as amended, and no

new commitments to guarantee loans under section 211(a) or 211(h)

of the Regional Rail Reorganization Act of 1973, as amended, shall

be made: Provided further, That, as part of the Washington Union

Station transaction in which the Secretary assumed the first deed

of trust on the property and, where the Union Station Redevelopment Corporation or any successor is obligated to make payments

on such deed of trust on the Secretary’s behalf, including payments

on and after September 30, 1988, the Secretary is authorized to

receive such payments directly from the Union Station Redevelopment Corporation, credit them to the appropriation charged for

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

trust with those funds: Provided further, That such additional sums

as may be necessary for payment on the first deed of trust may

be advanced by the Administrator from unobligated balances available to the Federal Railroad Administration, to be reimbursed from

payments received from the Union Station Redevelopment Corporation.

RAILROAD SAFETY

For necessary expenses in connection with railroad safety, not

otherwise provided for, $49,919,000, of which $2,687,000 shall

remain available until expended.

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development,

$24,550,000, to remain available until expended.

NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

For necessary expenses related to Northeast Corridor improvements authorized by title VII of the Railroad Revitalization and

Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et

40 USC 817 note.
109 STAT. 446 PUBLIC LAW 104–50—NOV. 15, 1995

seq.) and 49 U.S.C. 24909, $115,000,000, to remain available until

September 30, 1998.

RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

The Secretary of Transportation is authorized to issue to the

Secretary of the Treasury notes or other obligations pursuant to

section 512 of the Railroad Revitalization and Regulatory Reform

Act of 1976 (Public Law 94–210), as amended, in such amounts

and at such times as may be necessary to pay any amounts required

pursuant to the guarantee of the principal amount of obligations

under sections 511 through 513 of such Act, such authority to

exist as long as any such guaranteed obligation is outstanding:

Provided, That no new loan guarantee commitments shall be made

during fiscal year 1996.

NATIONAL MAGNETIC LEVITATION PROTOTYPE DEVELOPMENT

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

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

or execution of the National Magnetic Levitation Prototype Development program as defined in subsections 1036(b) and 1036(d)(1)(A)

of the Intermodal Surface Transportation Efficiency Act of 1991.

NEXT GENERATION HIGH SPEED RAIL

For necessary expenses for Next Generation High Speed Rail

studies, corridor planning, development, demonstration, and

implementation, $19,205,000, to remain available until expended:

Provided, That funds under this head may be made available for

grants to States for high speed rail corridor design, feasibility

studies, environmental analyses and track and signal improvements.

TRUST FUND SHARE OF NEXT GENERATION HIGH SPEED RAIL

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For grants and payment of obligations incurred in carrying

out the provisions of the High Speed Ground Transportation program as defined in subsections 1036(c) and 1036(d)(1)(B) of the

Intermodal Surface Transportation Efficiency Act of 1991, including

planning and environmental analyses, $7,118,000, to be derived

from the Highway Trust Fund and to remain available until

expended: Provided, That none of the funds in this Act shall be

available for the implementation or execution of programs the

obligations for which are in excess of $5,000,000.

ALASKA RAILROAD REHABILITATION

To enable the Secretary of Transportation to make grants to

the Alaska Railroad, $10,000,000 shall be for capital rehabilitation

and improvements benefiting its passenger operations.
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 447

RHODE ISLAND RAIL DEVELOPMENT

For the costs associated with construction of a third track

on the Northeast Corridor between Davisville and Central Falls,

Rhode Island, with sufficient clearance to accommodate double stack

freight cars, $1,000,000 to be matched by the State of Rhode Island

or its designee on a dollar for dollar basis and to remain available

until expended: Provided, That as a condition of accepting such

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

into an agreement with the Secretary to reimburse Amtrak and/

or the Federal Railroad Administration, on a dollar for dollar basis,

up to the first $6,000,000 in damages resulting from the legal

action initiated by the P&W Railroad under its existing contracts

with Amtrak relating to the provision of vertical clearances between

Davisville and Central Falls in excess of those required for present

freight operations.

GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

(INCLUDING TRANSFER OF FUNDS)

To enable the Secretary of Transportation to make grants to

the National Railroad Passenger Corporation authorized by 49

U.S.C. 24104, $635,000,000, to remain available until expended,

of which $305,000,000 shall be available for operating losses and

for mandatory passenger rail service payments, $100,000,000 shall

be for transition costs incurred by the Corporation, and

$230,000,000 shall be for capital improvements: Provided, That

up to $15,000,000 of the amount made available under this head

for capital improvements may, at the discretion of the Corporation,

be transferred to the Northeast Corridor Improvement Program:

Provided further, That funding under this head for capital improvements shall not be made available before July 1, 1996: Provided

further, That none of the funds herein appropriated shall be used

for lease or purchase of passenger motor vehicles or for the hire

of vehicle operators for any officer or employee, other than the

president of the Corporation, excluding the lease of passenger motor

vehicles for those officers or employees while in official travel status.

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit

Administration’s programs authorized by chapter 53 of title 49,

United States Code, $42,000,000.

FORMULA GRANTS

For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2),

5311, and 5336, to remain available until expended, $942,925,000:

Provided, That no more than $2,052,925,000 of budget authority

shall be available for these purposes: Provided further, That of

the funds provided under this head for formula grants, no more

than $400,000,000 may be used for operating assistance under

49 U.S.C. 5336(d): Provided further, That the limitation on operating assistance provided under this heading shall, for urbanized

areas of less than 200,000 in population, be no less than seventyContracts.
109 STAT. 448 PUBLIC LAW 104–50—NOV. 15, 1995

five percent of the amount of operating assistance such areas are

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

That in the distribution of the limitation provided under this heading to urbanized areas that had a population under the 1990 census

of 1,000,000 or more, the Secretary shall direct each such area

to give priority consideration to the impact of reductions in operating assistance on smaller transit authorities operating within the

area and to consider the needs and resources of such transit authorities when the limitation is distributed among all transit authorities

operating in the area.

UNIVERSITY TRANSPORTATION CENTERS

For necessary expenses for university transportation centers

as authorized by 49 U.S.C. 5317(b), to remain available until

expended, $6,000,000.

TRANSIT PLANNING AND RESEARCH

For necessary expenses for transit planning and research as

authorized by 49 U.S.C. 5303, 5311, 5313, 5314, and 5315, to

remain available until expended, $85,500,000 of which $39,500,000

shall be for activities under 49 U.S.C. 5303, $4,500,000 for activities

under 49 U.S.C. 5311(b)(2), $8,250,000 for activities under 49 U.S.C.

5313(b), $22,000,000 for activities under 49 U.S.C. 5314, $8,250,000

for activities under 49 U.S.C. 5313(a), and $3,000,000 for activities

under 49 U.S.C. 5315.

TRUST FUND SHARE OF EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out 49 U.S.C.

5338(a), $1,120,850,000, to remain available until expended and

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

$1,120,850,000 shall be paid from the Mass Transit Account of

the Highway Trust Fund to the Federal Transit Administration’s

formula grants account.

DISCRETIONARY GRANTS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

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

implementation or execution of programs the obligations for which

are in excess of $1,665,000,000 in fiscal year 1996 for grants under

the contract authority in 49 U.S.C. 5338(b): Provided, That there

shall be available for fixed guideway modernization, $666,000,000;

there shall be available for the replacement, rehabilitation, and

purchase of buses and related equipment and the construction

of bus-related facilities, $333,000,000; and, notwithstanding any

other provision of law, except for fixed guideway modernization

projects, $21,631,250 made available under Public Law 102–388

under ‘‘Federal Transit Administration, Discretionary Grants’’ for

projects specified in that Act or identified in reports accompanying

Urban and rural

areas.
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 449

that Act, not obligated by September 30, 1995, shall be made

available for new fixed guideway systems together with the

$666,000,000 made available for new fixed guideway systems in

this Act, to be available as follows:

$42,410,000 for the Atlanta-North Springs project;

$20,060,000 for the South Boston Piers (MOS–2) project;

$4,250,000 for the Canton-Akron-Cleveland commuter rail

project;

$1,000,000 for the Cincinnati Northeast/Northern Kentucky

rail line project;

$16,941,000 for the Dallas South Oak Cliff LRT project;

$3,000,000 for the DART North Central light rail extension

project;

$6,000,000 for the Dallas-Fort Worth RAILTRAN project;

$10,000,000 for the Florida Tri-County commuter rail

project;

$22,630,000 for the Houston Regional Bus project;

$9,720,625 for the Jacksonville ASE extension project;

$85,000,000 for the Los Angeles Metro Rail (MOS–3);

$8,500,000 for the Los Angeles-San Diego commuter rail

project;

$10,000,000 for the MARC commuter rail project;

$15,315,000 for the Maryland Central Corridor LRT project;

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

$1,250,000 for the Memphis, Tennessee Regional Rail Plan;

$80,250,000 for the New Jersey Urban Core-Secaucus

project;

$5,000,000 for the New Orleans Canal Street Corridor

project;

$126,725,125 for the New York Queens Connection project;

$22,630,000 for the Pittsburgh Airport Phase 1 project;

$130,140,000 for the Portland Westside LRT project;

$2,000,000 for the Sacramento LRT extension project;

$12,500,000 for the St. Louis Metro Link LRT project;

$9,759,500 for the Salt Lake City light rail project, of

which not more than $5,000,000 may be available for highoccupancy vehicle lane and intermodal corridor design costs;

$10,000,000 for the San Francisco BART extension to the

San Francisco airport project;

$7,500,000 for the San Juan, Puerto Rico Tren Urbano

project;

$500,000 for the Tampa to Lakeland commuter rail project;

$2,500,000 for the Whitehall ferry terminal, New York,

New York;

$14,400,000 for the Wisconsin central commuter project;

and

$5,650,000 for the Burlington-Charlotte, Vermont commuter rail project.

MASS TRANSIT CAPITAL FUND

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out 49 U.S.C.

5338(b) administered by the Federal Transit Administration,
109 STAT. 450 PUBLIC LAW 104–50—NOV. 15, 1995

$2,000,000,000 to be derived from the Highway Trust Fund and

to remain available until expended.

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

For necessary expenses to carry out the provisions of section

14 of Public Law 96–184 and Public Law 101–551, $200,000,000,

to remain available until expended.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is

hereby authorized to make such expenditures, within the limits

of funds and borrowing authority available to the Corporation,

and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by

section 104 of the Government Corporation Control Act, as

amended, as may be necessary in carrying out the programs set

forth in the Corporation’s budget for the current fiscal year.

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses for operation and maintenance of those

portions of the Saint Lawrence Seaway operated and maintained

by the Saint Lawrence Seaway Development Corporation,

$10,150,000, to be derived from the Harbor Maintenance Trust

Fund, pursuant to Public Law 99–662.

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

RESEARCH AND SPECIAL PROGRAMS

For expenses necessary to discharge the functions of the

Research and Special Programs Administration, $23,937,000, of

which $574,000 shall be derived from the Pipeline Safety Fund,

and of which $7,606,000 shall remain available until September

30, 1998: Provided, That up to $1,000,000 in fees collected under

49 U.S.C. 5108(g) shall be deposited in the general fund of the

Treasury as offsetting receipts: Provided further, That there may

be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources

for expenses incurred for training, for reports publication and

dissemination.

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

For expenses necessary to conduct the functions of the pipeline

safety program for grants-in-aid to carry out a pipeline safety

program, as authorized by 49 U.S.C. 60107 and the Hazardous

Liquid Pipeline Safety Act of 1979, as amended, and to discharge

the pipeline program responsibilities of the Oil Pollution Act of

1990, $31,448,000, of which $2,698,000 shall be derived from the

Oil Spill Liability Trust Fund and shall remain available until

September 30, 1998; and of which $28,750,000 shall be derived

from the Pipeline Safety Fund, of which $19,423,000 shall remain
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 451

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

made available herein from the Pipeline Safety Fund, not to exceed

$1,000,000 shall be available for grants to States for the development and establishment of one-call notification systems.

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

For necessary expenses to carry out 49 U.S.C. 5127(c), $400,000

to be derived from the Emergency Preparedness Fund, to remain

available until September 30, 1998: Provided, That not more than

$8,890,000 shall be made available for obligation in fiscal year

1996 from amounts made available by 49 U.S.C. 5116(i) and 5127(d):

Provided further, That no such funds shall be made available for

obligation by individuals other than the Secretary of Transportation,

or his designees.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General to

carry out the provisions of the Inspector General Act of 1978,

as amended, $40,238,000.

BUREAU OF TRANSPORTATION STATISTICS

For expenses necessary to conduct activities related to airline

statistics, $2,200,000, of which $272,000 shall remain available

until expended.

TITLE II

RELATED AGENCIES

ARCHITECTURAL AND TRANSPORTATION BARRIERS

COMPLIANCE BOARD

SALARIES AND EXPENSES

For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502

of the Rehabilitation Act of 1973, as amended, $3,500,000: Provided,

That, notwithstanding any other provision of law, there may be

credited to this appropriation funds received for publications and

training expenses.

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety

Board, including hire of passenger motor vehicles and aircraft;

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

not to exceed the per diem rate equivalent to the rate for a GS–

18; uniforms, or allowances therefor, as authorized by law (5 U.S.C.

5901–5902), $38,774,000, of which not to exceed $1,000 may be

used for official reception and representation expenses.
109 STAT. 452 PUBLIC LAW 104–50—NOV. 15, 1995

EMERGENCY FUND

For necessary expenses of the National Transportation Safety

Board for accident investigations, including hire of passenger motor

vehicles and aircraft; services as authorized by 5 U.S.C. 3109,

but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–18; uniforms, or allowances therefor,

as authorized by law (5 U.S.C. 5901–5902), $360,802 to remain

available until expended.

INTERSTATE COMMERCE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, hire of

passenger motor vehicles as authorized by 31 U.S.C. 1343(b),

$13,379,000, of which $4,984,000 shall be for severance and closing

costs: Provided, That of the fees collected in fiscal year 1996 by

the Interstate Commerce Commission pursuant to 31 U.S.C. 9701,

one-twelfth of $8,300,000 of those fees collected shall be made

available for each month the Commission remains in existence

during fiscal year 1996.

PAYMENTS FOR DIRECTED RAIL SERVICE

(LIMITATION ON OBLIGATIONS)

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

the execution of programs the obligations for which can reasonably

be expected to exceed $475,000 for directed rail service authorized

under 49 U.S.C. 11125 or any other Act.

PANAMA CANAL COMMISSION

PANAMA CANAL REVOLVING FUND

For administrative expenses of the Panama Canal Commission,

including not to exceed $11,000 for official reception and representation expenses of the Board; not to exceed $5,000 for official reception

and representation expenses of the Secretary; and not to exceed

$30,000 for official reception and representation expenses of the

Administrator, $50,741,000, to be derived from the Panama Canal

Revolving Fund: Provided, That funds available to the Panama

Canal Commission shall be available for the purchase of not to

exceed 38 passenger motor vehicles for replacement only (including

large heavy-duty vehicles used to transport Commission personnel

across the Isthmus of Panama), the purchase price of which shall

not exceed $19,500 per vehicle.

TITLE III

GENERAL PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

SEC. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for

maintenance and operation of aircraft; hire of passenger motor
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 453

vehicles and aircraft; purchase of liability insurance for motor

vehicles operating in foreign countries on official department business; and uniforms, or allowances therefor, as authorized by law

(5 U.S.C. 5901–5902).

SEC. 302. Funds for the Panama Canal Commission may be

apportioned notwithstanding 31 U.S.C. 1341 to the extent necessary

to permit payment of such pay increases for officers or employees

as may be authorized by administrative action pursuant to law

that are not in excess of statutory increases granted for the same

period in corresponding rates of compensation for other employees

of the Government in comparable positions.

SEC. 303. Funds appropriated under this Act for expenditures

by the Federal Aviation Administration shall be available (1) except

as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965, 20 U.S.C. 7701, et seq., for expenses

of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental

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

of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the

locality are unable to provide adequately for the education of such

dependents, and (2) for transportation of said dependents between

schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public

means of transportation on a regular basis.

SEC. 304. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized

by 5 U.S.C. 3109, but at rates for individuals not to exceed the

per diem rate equivalent to the rate for an Executive Level IV.

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

may be expended unless in conformance with the Panama Canal

Treaties of 1977 and any law implementing those treaties.

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

the planning or execution of any program to pay the expenses

of, or otherwise compensate, non-Federal parties intervening in

regulatory or adjudicatory proceedings funded in this Act.

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

remain available for obligation beyond the current fiscal year, nor

may any be transferred to other appropriations, unless expressly

so provided herein.

SEC. 308. The Secretary of Transportation may enter into

grants, cooperative agreements, and other transactions with any

person, agency, or instrumentality of the United States, any unit

of State or local government, any educational institution, and any

other entity in execution of the Technology Reinvestment Project

authorized under the Defense Conversion, Reinvestment and

Transition Assistance Act of 1992 and related legislation: Provided,

That the authority provided in this section may be exercised without

regard to section 3324 of title 31, United States Code.

SEC. 309. The expenditure of any appropriation under this

Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited

to those contracts where such expenditures are a matter of public

record and available for public inspection, except where otherwise

provided under existing law, or under existing Executive order

issued pursuant to existing law.

Contracts.

Public

information.

49 USC 106 note.
109 STAT. 454 PUBLIC LAW 104–50—NOV. 15, 1995

SEC. 310. (a) For fiscal year 1996 the Secretary of Transportation shall distribute the obligation limitation for Federal-aid highways by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways that are apportioned or allocated

to each State for such fiscal year bear to the total of the sums

authorized to be appropriated for Federal-aid highways that are

apportioned or allocated to all the States for such fiscal year.

(b) During the period October 1 through December 31, 1995,

no State shall obligate more than 25 per centum of the amount

distributed to such State under subsection (a), and the total of

all State obligations during such period shall not exceed 12 per

centum of the total amount distributed to all States under such

subsection.

(c) Notwithstanding subsections (a) and (b), the Secretary

shall—

(1) provide all States with authority sufficient to prevent

lapses of sums authorized to be appropriated for Federal-aid

highways that have been apportioned to a State;

(2) after August 1, 1996, revise a distribution of the funds

made available under subsection (a) if a State will not obligate

the amount distributed during that fiscal year and redistribute

sufficient amounts to those States able to obligate amounts

in addition to those previously distributed during that fiscal

year giving priority to those States having large unobligated

balances of funds apportioned under sections 103(e)(4), 104,

and 144 of title 23, United States Code, and under sections

1013(c) and 1015 of Public Law 102–240; and

(3) not distribute amounts authorized for administrative

expenses and funded from the administrative takedown authorized by section 104(a), title 23 U.S.C., the Federal lands highway program, the intelligent transportation systems program,

and amounts made available under sections 1040, 1047, 1064,

6001, 6005, 6006, 6023, and 6024 of Public Law 102–240,

and 49 U.S.C. 5316, 5317, and 5338: Provided, That amounts

made available under section 6005 of Public Law 102–240

shall be subject to the obligation limitation for Federal-aid

highways and highway safety construction programs under the

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

(d) During the period October 1 through December 31, 1995,

the aggregate amount of obligations under section 157 of title

23, United States Code, for projects covered under section 147

of the Surface Transportation Assistance Act of 1978, section 9

of the Federal-Aid Highway Act of 1981, sections 131(b), 131(j),

and 404 of Public Law 97–424, sections 1061, 1103 through 1108,

4008, and 6023(b)(8) and 6023(b)(10) of Public Law 102–240, and

for projects authorized by Public Law 99–500 and Public Law 100–

17, shall not exceed $277,431,840.

(e) During the period August 2 through September 30, 1996,

the aggregate amount which may be obligated by all States shall

not exceed 2.5 percent of the aggregate amount of funds apportioned

or allocated to all States—

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

Code, and 1013(c) and 1015 of Public Law 102–240, and

(2) for highway assistance projects under section 103(e)(4)

of title 23, United States Code,

23 USC 104 note.
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 455

which would not be obligated in fiscal year 1996 if the total amount

of the obligation limitation provided for such fiscal year in this

Act were utilized.

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

after August 1, 1996, has the amount distributed to such State

under paragraph (a) for fiscal year 1996 reduced under paragraph

(c)(2).

SEC. 311. None of the funds in this Act shall be available

for salaries and expenses of more than one hundred political and

Presidential appointees in the Department of Transportation: Provided, That none of the personnel covered by this provision may

be assigned on temporary detail outside the Department of

Transportation.

SEC. 312. The limitation on obligations for the programs of

the Federal Transit Administration shall not apply to any authority

under 49 U.S.C. 5338, previously made available for obligation,

or to any other authority previously made available for obligation

under the discretionary grants program.

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

implement section 404 of title 23, United States Code.

SEC. 314. Such sums as may be necessary for fiscal year 1996

pay raises for programs funded in this Act shall be absorbed within

the levels appropriated in this Act or previous appropriations Acts.

SEC. 315. Funds received by the Research and Special Programs

Administration from States, counties, municipalities, other public

authorities, and private sources for expenses incurred for training

and for reports’ publication and dissemination may be credited

to the Research and Special Programs account.

SEC. 316. None of the funds in this Act shall be available

to plan, finalize, or implement regulations that would establish

a vessel traffic safety fairway less than five miles wide between

the Santa Barbara Traffic Separation Scheme and the San Francisco

Traffic Separation Scheme.

SEC. 317. Notwithstanding any other provision of law, airports

may transfer, without consideration, to the Federal Aviation

Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications,

the purchase of which was assisted by a Federal airport aid program, airport development aid program or airport improvement

program grant. The FAA shall accept such equipment, which shall

thereafter be operated and maintained by the FAA in accordance

with agency criteria.

SEC. 318. None of the funds in this Act shall be available

to award a multiyear contract for production end items that (1)

includes economic order quantity or long lead time material procurement in excess of $10,000,000 in any one year of the contract

or (2) includes a cancellation charge greater than $10,000,000 which

at the time of obligation has not been appropriated to the limits

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

permits performance under the contract during the second and

subsequent years of the contract without conditioning such performance upon the appropriation of funds: Provided, That this limitation

does not apply to a contract in which the Federal Government

incurs no financial liability from not buying additional systems,

subsystems, or components beyond the basic contract requirements.

49 USC 44502

note.

49 USC 5338

note.
109 STAT. 456 PUBLIC LAW 104–50—NOV. 15, 1995

SEC. 319. None of the funds provided in this Act shall be

made available for planning and executing a passenger manifest

program by the Department of Transportation that only applies

to United States flag carriers.

SEC. 320. None of the funds made available in this Act may

be used to implement, administer, or enforce the provisions of

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

SEC. 321. Notwithstanding any other provision of law, and

except for fixed guideway modernization projects, funds made available by this Act under ‘‘Federal Transit Administration, Discretionary grants’’ for projects specified in this Act or identified in

reports accompanying this Act not obligated by September 30, 1998,

shall be made available for other projects under 49 U.S.C. 5309.

SEC. 322. Notwithstanding any other provision of law, any

funds appropriated before October 1, 1993, under any section of

chapter 53 of title 49 U.S.C., that remain available for expenditure

may be transferred to and administered under the most recent

appropriation heading for any such section.

SEC. 323. None of the funds in this Act shall be available

to implement or enforce regulations that would result in the withdrawal of a slot from an air carrier at O’Hare International Airport

under section 93.223 of title 14 of the Code of Federal Regulations

in excess of the total slots withdrawn from that air carrier as

of October 31, 1993 if such additional slot is to be allocated to

an air carrier or foreign air carrier under section 93.217 of title

14 of the Code of Federal Regulations.

SEC. 324. None of the funds made available by this Act may

be obligated or expended to design, construct, erect, modify or

otherwise place any sign in any State relating to any speed limit,

distance, or other measurement on any highway if such sign establishes such speed limit, distance, or other measurement using the

metric system.

SEC. 325. Notwithstanding any other provisions of law, tolls

collected for motor vehicles on any bridge connecting the boroughs

of Brooklyn, New York, and Staten Island, New York, shall continue

to be collected for only those vehicles exiting from such bridge

in Staten Island.

SEC. 326. None of the funds in this Act may be used to compensate in excess of 335 technical staff years under the federallyfunded research and development center contract between the

Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 1996.

SEC. 327. Funds provided in this Act for the Department of

Transportation working capital fund (WCF) shall be reduced by

$7,500,000, which limits fiscal year 1996 WCF obligational authority

for elements of the Department of Transportation funded in this

Act to no more than $95,649,000: Provided, That such reductions

from the budget request shall be allocated by the Department

of Transportation to each appropriations account in proportion to

the amount included in each account for the working capital fund.

SEC. 328. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad

Administration from States, counties, municipalities, other public

authorities, and private sources for expenses incurred for training

may be credited respectively to the Federal Highway Administration’s ‘‘Limitation on General Operating Expenses’’ account, the

Federal Transit Administration’s ‘‘Transit Planning and Research’’

New York.
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 457

account, and to the Federal Railroad Administration’s ‘‘Railroad

Safety’’ account, except for State rail safety inspectors participating

in training pursuant to 49 U.S.C. 20105.

SEC. 329. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—It is the sense of the Congress that, to the greatest

extent practicable, all equipment and products purchased with

funds made available in this Act should be American-made.

(b) NOTICE REQUIREMENT.—In providing financial assistance

to, or entering into any contract with, any entity using funds

made available in this Act, the head of each Federal agency, to

the greatest extent practicable, shall provide to such entity a notice

describing the statement made in subsection (a) by the Congress.

SEC. 330. None of the funds in this Act shall be available

to prepare, propose, or promulgate any regulations pursuant to

title V of the Motor Vehicle Information and Cost Savings Act

(49 U.S.C. 32901, et seq.) prescribing corporate average fuel economy standards for automobiles, as defined in such title, in any

model year that differs from standards promulgated for such automobiles prior to enactment of this section.

SEC. 331. Notwithstanding 15 U.S.C. 631 et seq. and 10 U.S.C.

2301 et seq. as amended, the United States Coast Guard acquisition

of 47-foot Motor Life Boats for fiscal years 1995 through 2000

shall be subject to full and open competition for all U.S. shipyards.

Accordingly, the Federal Acquisition Regulations (FAR) (including

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

they are inconsistent with a full and open competition.

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

planning, engineering, design, or construction of a sixth runway

at the new Denver International Airport, Denver, Colorado: Provided, That this provision shall not apply in any case where the

Administrator of the Federal Aviation Administration determines,

in writing, that safety conditions warrant obligation of such funds.

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

is amended by striking—

(1) in subparagraph (B), ‘‘that extends the economic life

of the bus for at least 5 years’’; and

(2) in subparagraph (C), ‘‘that extends the economic life

of the bus for at least 8 years’’.

(b) The amendments made by this section shall not take effect

before March 31, 1996.

SEC. 334. Notwithstanding 31 U.S.C. 3302, funds received by

the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to the provisions

of section 6006 of the Intermodal Surface Transportation Efficiency

Act of 1991, may be credited to the Federal-aid highways account

for the purpose of reimbursing the Bureau for such expenses: Provided, That such funds shall not be subject to the obligation limitation for Federal-aid highways and highway safety construction.

SEC. 335. Of the budgetary resources provided to the Department of Transportation (excluding the Maritime Administration)

during fiscal year 1996, $25,000,000 are permanently canceled:

Provided, That the Secretary of Transportation shall reduce the

existing field office structure, and to the extent practicable collocate

and consolidate the Department’s surface transportation field offices

and administrative activities: Provided further, That the Secretary

may for the purpose of consolidation of offices and facilities other

than those at Headquarters, after notification to and approval of

Effective date.

49 USC 5302

note.
109 STAT. 458 PUBLIC LAW 104–50—NOV. 15, 1995

the House and Senate Committees on Appropriations, transfer the

funds made available by this Act for civilian and military personnel

compensation and benefits and other administrative expenses to

other appropriations made available to the Department of Transportation as the Secretary may designate, to be merged with and

to be available for the same purposes and for the same time period

as the appropriations of funds to which transferred: Provided further, That no appropriation shall be increased or decreased by

more than ten per centum by all such transfers: Provided further,

That, notwithstanding 5 U.S.C. 905(b), the President may prepare

and transmit to Congress not later than the date for transmittal

to Congress of the Budget Request for Fiscal Year 1997, a reorganization plan pursuant to chapter 9 of title 5, United States Code,

for the reorganization of the surface transportation activities of

the Department of Transportation and the relationship of the Saint

Lawrence Seaway Development Corporation to the Department.

SEC. 336. The Secretary of Transportation is authorized to

transfer funds appropriated in this Act to ‘‘Rental payments’’ for

any expense authorized by that appropriation in excess of the

amounts provided in this Act: Provided, That prior to any such

transfer, notification shall be provided to the House and Senate

Committees on Appropriations.

SEC. 337. None of the funds in this Act may be obligated

or expended for employee training which: (a) does not meet identified needs for knowledge, skills and abilities bearing directly upon

the performance of official duties; (b) contains elements likely to

induce high levels of emotional response or psychological stress

in some participants; (c) does not require prior employee notification

of the content and methods to be used in the training and written

end of course evaluations; (d) contains any methods or content

associated with religious or quasi-religious belief systems or ‘‘new

age’’ belief systems as defined in Equal Employment Opportunity

Commission Notice N–915.022, dated September 2, 1988; (e) is

offensive to, or designed to change, participants’ personal values

or lifestyle outside the workplace; or (f) includes content related

to human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) other than that necessary to make employees

more aware of the medical ramifications of HIV/AIDS and the

workplace rights of HIV-positive employees.

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

the requirement that airport charges make the airport as selfsustaining as possible or the prohibition against revenue diversion

in the Airport and Airway Improvement Act of 1982 (49 U.S.C.

47107) against Hot Springs Memorial Field in Hot Springs,

Arkansas, on the grounds of such airport’s failure to collect fair

market rental value for the facilities known as Kimery Park and

Family Park: Provided, That any fees collected by any person for

the use of such parks above those required for the operation and

maintenance of such parks shall be remitted to such airport: Provided further, That the Federal Aviation Administration does not

find that any use of, or structures on, Kimery Park and Family

Park are incompatible with the safe and efficient use of the airport.

SEC. 339. None of the funds in this Act shall, in the absence

of express authorization by Congress, be used directly or indirectly

to pay for any personal service, advertisement, telegram, telephone,

letter, printed or written matter, or other device, intended or

designed to influence in any manner a Member of Congress, to

5 USC 905 note.
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 459

favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any

bill or resolution proposing such legislation or appropriation: Provided, That this shall not prevent officers or employees of the

Department of Transportation or related agencies funded in this

Act from communicating to Members of Congress on the request

of any Member or to Congress, through the proper official channels,

requests for legislation or appropriations which they deem necessary

for the efficient conduct of the public business.

SEC. 340. None of the funds in this Act shall be available

to pay the salaries and expenses of any individual to arrange

tours of scientists or engineers employed by or working for the

People’s Republic of China, to hire citizens of the People’s Republic

of China to participate in research fellowships sponsored by the

modal administrations of the Department of Transportation, or

to provide training or any form of technology transfer to scientists

or engineers employed by or working for the People’s Republic

of China: Provided, That this provision shall not apply to the

Federal Aviation Administration or the joint Federal Aviation

Administration, Department of Defense and Department of Commerce initiative designed to modernize the air traffic control system

of the People’s Republic of China.

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

Federal Transit Administration’s field operations and oversight of

the Washington Metropolitan Area Transit Authority in any location

other than from the Washington, D.C. metropolitan area.

SEC. 342. In addition to the sums made available to the Department of Transportation, $8,421,000 shall be available on the effective date of legislation transferring certain rail and motor carrier

functions from the Interstate Commerce Commission to the Department of Transportation: Provided, That such amount shall be available only to the extent authorized by law: Provided further, That

of the fees collected pursuant to 31 U.S.C. 9701 in fiscal year

1996 by the successors of the Interstate Commerce Commission,

one-twelfth of $8,300,000 of those fees shall be made available

for each month during fiscal year 1996 that the successors of

the Interstate Commerce Commission carry out the transferred

rail and motor carrier functions.

SEC. 343. None of the funds made available in this Act may

be used for improvements to the Miller Highway in New York

City, New York.

SEC. 344. Improvements identified as highest priority by section

1069(t) of Public Law 102–240 and funded pursuant to section

118(c)(2) of title 23, United States Code, shall not be treated as

an allocation for Interstate maintenance for such fiscal year under

section 157(a)(4) of title 23, United States Code, and sections

1013(c), 1015(a)(1), and 1015(b)(1) of Public Law 102–240: Provided,

That any discretionary grant made pursuant to Public Law 99–

663 shall not be subject to section 1015 of Public Law 102–240.

SEC. 345. The Secretary, in consultation with the Secretary

of Labor and the Administrator of the Environmental Protection

Agency shall, within three months of the date of enactment of

this Act, carry out research to identify successful telecommuting

programs in the public and private sectors and provide for the

dissemination to the public of information regarding the establishment of successful telecommuting programs and the benefits and

costs of telecommuting. Within one year of the date of enactment

Research.

Telecommuting.

Public

information.

Reports.
109 STAT. 460 PUBLIC LAW 104–50—NOV. 15, 1995

of this Act, the Secretary shall report to Congress its findings,

conclusions, and recommendations regarding telecommuting developed under this section.

SEC. 346. Notwithstanding section 1003(c) of Public Law 102–

240, authorizations for the Indian Reservation Roads under section

1003(a)(6)(A) of Public Law 102–240 shall be exempt from any

reduction in authorizations for budget compliance.

SEC. 347. (a) In consultation with the employees of the Federal

Aviation Administration and such non-governmental experts in

personnel management systems as he may employ, and notwithstanding the provisions of title 5, United States Code, and other

Federal personnel laws, the Administrator of the Federal Aviation

Administration shall develop and implement, not later than January

1, 1996, a personnel management system for the Federal Aviation

Administration that addresses the unique demands on the agency’s

workforce. Such a new system shall, at a minimum, provide for

greater flexibility in the hiring, training, compensation, and location

of personnel.

(b) The provisions of title 5, United States Code, shall not

apply to the new personnel management system developed and

implemented pursuant to subsection (a), with the exception of—

(1) section 2302(b), relating to whistleblower protection;

(2) sections 3308–3320, relating to veterans’ preference;

(3) section 7116(b)(7), relating to limitations on the right

to strike;

(4) section 7204, relating to antidiscrimination;

(5) chapter 73, relating to suitability, security, and conduct;

(6) chapter 81, relating to compensation for work injury;

and

(7) chapters 83–85, 87, and 89, relating to retirement,

unemployment compensation, and insurance coverage.

(c) This section shall take effect on April 1, 1996.

SEC. 348. (a) In consultation with such non-governmental

experts in acquisition management systems as he may employ,

and notwithstanding provisions of Federal acquisition law, the

Administrator of the Federal Aviation Administration shall develop

and implement, not later than January 1, 1996, an acquisition

management system for the Federal Aviation Administration that

addresses the unique needs of the agency and, at a minimum,

provides for more timely and cost-effective acquisitions of equipment

and materials.

(b) The following provisions of Federal acquisition law shall

not apply to the new acquisition management system developed

and implemented pursuant to subsection (a):

(1) Title III of the Federal Property and Administrative

Services Act of 1949 (41 U.S.C. 252–266).

(2) The Office of Federal Procurement Policy Act (41 U.S.C.

401 et seq.).

(3) The Federal Acquisition Streamlining Act of 1994 (Public Law 103–355).

(4) The Small Business Act (15 U.S.C. 631 et seq.), except

that all reasonable opportunities to be awarded contracts shall

be provided to small business concerns and small business

concerns owned and controlled by socially and economically

disadvantaged individuals.

(5) The Competition in Contracting Act.

Contracts.

Small business.

49 USC 40110

note.

49 USC 106 note.
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 461

(6) Subchapter V of chapter 35 of title 31, relating to

the procurement protest system.

(7) The Brooks Automatic Data Processing Act (40 U.S.C.

759).

(8) The Federal Acquisition Regulation and any laws not

listed in (a) through (e) of this section providing authority

to promulgate regulations in the Federal Acquisition Regulation.

(c) This section shall take effect on April 1, 1996.

SEC. 349. Funds provided in this Act for bonuses and cash

awards for employees of the Department of Transportation shall

be reduced by $752,852, which limits fiscal year 1996 obligation

authority to no more than $25,875,075: Provided, That this provision shall be applied to funds for Senior Executive Service bonuses,

merit pay, and other bonuses and cash awards.

SEC. 350. Not to exceed $850,000 of the funds provided in

this Act for the Department of Transportation shall be available

for the necessary expenses of advisory committees.

SEC. 351. Notwithstanding any other provision of law, the

Secretary may use funds appropriated under this Act, or any subsequent Act, to administer and implement the exemption provisions

of 49 CFR 580.6 and to adopt or amend exemptions from the

disclosure requirements of 49 CFR Part 580 for any class or category

of vehicles that the Secretary deems appropriate.

SEC. 352. (a) The Federal Aviation Administration Technical

Center located at the Atlantic City International Airport in Pomona,

New Jersey, shall be known and designated as the ‘‘William J.

Hughes Technical Center’’.

(b) Any reference in a law, map, regulation, document, paper,

or other record of the United States to the Federal Aviation

Administration Technical Center referred to in section (a) shall

be deemed to be a reference to the ‘‘William J. Hughes Technical

Center’’.

SEC. 353. None of the funds in this Act may be used to close

any multi-mission small boat stations or subunits: Provided, That

the Secretary may implement any management efficiencies within

the small boat unit system, such as modifying the operational

posture of units or reallocating resources as necessary to ensure

the safety of the maritime public nationwide, provided that no

stations or subunits may be closed.

SEC. 354. TRANSFER OF CERTAIN FEDERAL PROPERTY IN NEW

JERSEY.—The first section of the Act entitled ‘‘An Act transferring

certain Federal property to the city of Hoboken, New Jersey’’,

approved September 27, 1982 (Public Law 97–268, 96 Stat. 1140),

is amended—

(1) in subsection (a), by adding ‘‘and’’ at the end, and

(2) by striking ‘‘Stat. 220), and’’ in subsection (b) and all

that follows through ‘‘New Jersey; concurrent with’’ and inserting the following: ‘‘Stat. 220);

concurrent with’’.

SEC. 355. SENSE OF SENATE REGARDING UNITED STATES/JAPAN

AVIATION DISPUTE.—(a) FINDINGS.—The Congress finds that—

(1) the Governments of the United States and Japan

entered into a bilateral aviation agreement in 1952 that has

been modified periodically to reflect changes in the aviation

relationship between the two countries;

Federal buildings

and facilities.

New Jersey.

Effective date.
109 STAT. 462 PUBLIC LAW 104–50—NOV. 15, 1995

(2) in 1994 the total revenue value of passenger and freight

traffic for United States air carriers between the United States

and Japan was approximately $6,000,000,000; (3) the United States/Japan bilateral aviation agreement

guarantees three United States carriers ‘‘beyond rights’’ that

authorize them to fly into Japan, take on additional passengers

and cargo, and then fly to another country;

(4) the United States/Japan bilateral aviation agreement

requires that, within 45 days of filing a notice with the Government of Japan, the Government of Japan must authorize United

States air carriers to serve routes guaranteed by their ‘‘beyond

rights’’;

(5) United States air carriers have made substantial economic investment in reliance upon the expectation their rights

under the United States/Japan bilateral aviation agreement

would be honored by the Government of Japan;

(6) the Government of Japan has violated the United

States/Japan bilateral aviation agreement by preventing United

States air carriers from serving routes clearly authorized by

their ‘‘beyond rights’’; and

(7) the refusal by the Government of Japan to respect

the terms of the United States/Japan bilateral aviation agreement is having severe repercussions on United States air carriers and, in general, customers of these United States air

carriers.

(b) ACTION REQUESTED.—The Congress—

(1) calls upon the Government of Japan to honor and abide

by the terms of the United States/Japan bilateral aviation

agreement and immediately authorize United States air cargo

and passenger carriers which have pending route requests relating to their ‘‘beyond rights’’ to immediately commence service

on the requested routes;

(2) calls upon the President of the United States to identify

strong and appropriate forms of countermeasures that could

be taken against the Government of Japan for its egregious

violation of the United States/Japan bilateral aviation agreement; and

(3) calls upon the President of the United States to

promptly impose against the Government of Japan whatever

countermeasures are necessary and appropriate to ensure the

Government of Japan abides by the terms of the United States/

Japan bilateral aviation agreement.

SEC. 356. The Secretary of Transportation is hereby authorized

and directed to enter into an agreement modifying the agreement

entered into pursuant to section 339 of the Department of Transportation and Related Agencies Appropriations Act, 1993 (Public Law

102–388) to conform such agreement to the provisions of section

336 of the Department of Transportation and Related Agencies

Appropriations Act, 1995 (Public Law 103–331). Nothing in this

section changes the amount of the previous appropriation in section

339, and the line of credit provided for shall not exceed an amount

supported by the previous appropriation. In implementing either

section 339 or section 336, the Secretary may enter into an agreement requiring an interest rate that is higher than that specified

therein.

SEC. 357. AUTHORITY TO USE FUNDS FOR SIDING AND INTERMODAL FACILITY IN RICHLAND COUNTY, NORTH DAKOTA.—NotwithContracts.
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 463

standing section 22101(a)(3) of title 49, United States Code, the

State of North Dakota may use funds available to the State under

section 22106(b) of such title for the building of a siding and

intermodal facility proposed by the State in Sections 7 and 8,

Township 133 North, Range 47 West, Richland County, North

Dakota.

TITLE IV

PROVIDING FOR THE ADOPTION OF MANDATORY STANDARDS AND PROCEDURES GOVERNING THE ACTIONS OF

ARBITRATORS IN THE ARBITRATION OF LABOR DISPUTES

INVOLVING TRANSIT AGENCIES OPERATING IN THE NATIONAL CAPITAL AREA

SECTION. 401. SHORT TITLE.—This title may be cited as the

‘‘National Capital Area Interest Arbitration Standards Act of 1995’’.

SEC. 402. FINDINGS AND PURPOSES.—(a) FINDINGS.—The Congress finds that—

(1) affordable public transportation is essential to the economic vitality of the national capital area and is an essential

component of regional efforts to improve air quality to meet

environmental requirements and to improve the health of both

residents of and visitors to the national capital area as well

as to preserve the beauty and dignity of the Nation’s capital;

(2) use of mass transit by both residents of and visitors

to the national capital area is substantially affected by the

prices charged for such mass transit services, prices that are

substantially affected by labor costs, since more than 2⁄3 of

operating costs are attributable to labor costs;

(3) labor costs incurred in providing mass transit in the

national capital area have increased at an alarming rate and

wages and benefits of operators and mechanics currently are

among the highest in the Nation;

(4) higher operating costs incurred for public transit in

the national capital area cannot be offset by increasing costs

to patrons, since this often discourages ridership and thus

undermines the public interest in promoting the use of public

transit;

(5) spiraling labor costs cannot be offset by the governmental entities that are responsible for subsidy payments for

public transit services since local governments generally, and

the District of Columbia government in particular, are operating under severe fiscal constraints;

(6) imposition of mandatory standards applicable to arbitrators resolving arbitration disputes involving interstate compact

agencies operating in the national capital area will ensure

that wage increases are justified and do not exceed the ability

of transit patrons and taxpayers to fund the increase; and

(7) Federal legislation is necessary under Article I of section

8 of the United States Constitution to balance the need to

moderate and lower labor costs while maintaining industrial

peace.

(b) PURPOSE.—It is therefore the purpose of this Act to adopt

standards governing arbitration which must be applied by arbitrators resolving disputes involving interstate compact agencies operatNational Capital

Area Interest

Arbitration

Standards Act of

1995.

District of

Columbia.
109 STAT. 464 PUBLIC LAW 104–50—NOV. 15, 1995

ing in the national capital area in order to lower operating costs

for public transportation in the Washington metropolitan area.

SEC. 403. DEFINITIONS.—As used in this title—

(1) the term ‘‘arbitration’’ means—

(A) the arbitration of disputes, regarding the terms

and conditions of employment, that is required under an

interstate compact governing an interstate compact agency

operating in the national capital area; and

(B) does not include the interpretation and application

of rights arising from an existing collective bargaining

agreement;

(2) the term ‘‘arbitrator’’ refers to either a single arbitrator,

or a board of arbitrators, chosen under applicable procedures;

(3) an interstate compact agency’s ‘‘funding ability’’ is the

ability of the interstate compact agency, or of any governmental

jurisdiction which provides subsidy payments or budgetary

assistance to the interstate compact agency, to obtain the necessary financial resources to pay for wage and benefit increases

for employees of the interstate compact agency;

(4) the term ‘‘interstate compact agency operating in the

national capital area’’ means any interstate compact agency

which provides public transit services;

(5) the term ‘‘interstate compact agency’’ means any agency

established by an interstate compact to which the District

of Columbia is a signatory; and

(6) the term ‘‘public welfare’’ includes, with respect to

arbitration under an interstate compact—

(A) the financial ability of the individual jurisdictions

participating in the compact to pay for the costs of providing public transit services; and

(B) the average per capita tax burden, during the term

of the collective bargaining agreement to which the arbitration relates, of the residents of the Washington, D.C. metropolitan area, and the effect of an arbitration award rendered pursuant to such arbitration on the respective income

or property tax rates of the jurisdictions which provide

subsidy payments to the interstate compact agency established under the compact.

SEC. 404. STANDARDS FOR ARBITRATORS.—(a) FACTORS IN MAKING ARBITRATION AWARD.—An arbitrator rendering an arbitration

award involving the employees of an interstate compact agency

operating in the national capital area may not make a finding

or a decision for inclusion in a collective bargaining agreement

governing conditions of employment without considering the following factors:

(1) The existing terms and conditions of employment of

the employees in the bargaining unit.

(2) All available financial resources of the interstate compact agency.

(3) The annual increase or decrease in consumer prices

for goods and services as reflected in the most recent consumer

price index for the Washington, D.C. metropolitan area, published by the Bureau of Labor Statistics of the United States

Department of Labor.

(4) The wages, benefits, and terms and conditions of the

employment of other employees who perform, in other jurisdic-
PUBLIC LAW 104–50—NOV. 15, 1995 109 STAT. 465

tions in the Washington, D.C. standard metropolitan statistical

area, services similar to those in the bargaining unit. (5) The special nature of the work performed by the employees in the bargaining unit, including any hazards or the relative

ease of employment, physical requirements, educational qualifications, job training and skills, shift assignments, and the

demands placed upon the employees as compared to other

employees of the interstate compact agency.

(6) The interests and welfare of the employees in the

bargaining unit, including—

(A) the overall compensation presently received by the

employees, having regard not only for wage rates but also

for wages for time not worked, including vacations, holidays, and other excused absences;

(B) all benefits received by the employees, including

previous bonuses, insurance, and pensions; and

(C) the continuity and stability of employment.

(7) The public welfare.

(b) COMPACT AGENCY’S FUNDING ABILITY.—An arbitrator rendering an arbitration award involving the employees of an interstate

compact agency operating in the national capital area may not,

with respect to a collective bargaining agreement governing conditions of employment, provide for salaries and other benefits that

exceed the interstate compact agency’s funding ability.

(c) REQUIREMENTS FOR FINAL AWARD.—In resolving a dispute

submitted to arbitration involving the employees of an interstate

compact agency operating in the national capital area, the arbitrator

shall issue a written award that demonstrates that all the factors

set forth in subsections (a) and (b) have been considered and applied.

An award may grant an increase in pay rates or benefits (including

insurance and pension benefits), or reduce hours of work, only

if the arbitrator concludes that any costs to the agency do not

adversely affect the public welfare. The arbitrator’s conclusion

regarding the public welfare must be supported by substantial

evidence.

SEC. 405. PROCEDURES FOR ENFORCEMENT OF AWARDS.—(a)

MODIFICATIONS AND FINALITY OF AWARD.—In the case of an arbitration award to which section 404 applies, the interstate compact

agency and the employees in the bargaining unit, through their

representative, may agree in writing upon any modifications to

the award within 10 days after the award is received by the parties.

After the end of that 10-day period, the award, with any such

modifications, shall become binding upon the interstate compact

agency, the employees in the bargaining unit, and the employees’

representative.

(b) IMPLEMENTATION.—Each party to an award that becomes

binding under subsection (a) shall take all actions necessary to

implement the award.

(c) JUDICIAL REVIEW.—Within 60 days after an award becomes

binding under subsection (a), the interstate compact agency or

the exclusive representative of the employees concerned may file

a civil action in a court which has jurisdiction over the interstate

compact agency for review of the award. The court shall review

the award on the record, and shall vacate the award or any part

of the award, after notice and a hearing, if—

(1) the award is in violation of applicable law;

(2) the arbitrator exceeded the arbitrator’s powers;
109 STAT. 466 PUBLIC LAW 104–50—NOV. 15, 1995

LEGISLATIVE HISTORY—H.R. 2002:

HOUSE REPORTS: Nos. 104–177 (Comm. on Appropriations) and 104–286 (Comm.

of Conference).

SENATE REPORTS: No. 104–126 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 141 (1995):

July 21, 24, 25, considered and passed House.

Aug. 9, 10, considered and passed Senate, amended.

Oct. 25, House agreed to conference report.

Oct. 31, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):

Nov. 16, Presidential statement.

Æ

(3) the decision by the arbitrator is arbitrary or capricious;

(4) the arbitrator conducted the hearing contrary to the

provisions of this title or other statutes or rules that apply

to the arbitration so as to substantially prejudice the rights

of a party;

(5) there was partiality or misconduct by the arbitrator

prejudicing the rights of a party;

(6) the award was procured by corruption, fraud, or bias

on the part of the arbitrator; or

(7) the arbitrator did not comply with the provisions of

section 404.

This Act may be cited as the ‘‘Department of Transportation

and Related Agencies Appropriations Act, 1996’’.

Approved November 15, 1995.