ary schooling for dependents of Federal Aviation Adminis-
tration 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 trans-
portation 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 pre-
scribed, 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 imple-
menting 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 appropria-
tions, unless expressly so provided herein.
SEC. 308. The Secretary of Transportation may enter
into grants, cooperative agreements, and other trans-
actions 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 As-
sistance Act of 1992 and related legislation: Provided,
That the authority provided in this section may be exer-
cised 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 procure-
ment 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 is-
sued pursuant to existing law.
SEC. 310. (a) For fiscal year 1996 the Secretary of
Transportation shall distribute the obligation limitation
for Federal-aid highways by allocation in the ratio which
sums authorized to be appropriated for Federal-aid high-
ways 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 ap-
portioned 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 pe-
riod shall not exceed 12 per centum of the total amount
distributed to all States under such subsection.
(c) Notwithstanding subsections (a) and (b), the Sec-
retary shall—
(1) provide all States with authority sufficient
to prevent lapses of sums authorized to be appro-
priated for Federal-aid highways that have been ap-
portioned 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 dur-
ing 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 ad-
ministrative expenses and funded from the adminis-
trative takedown authorized by section 104(a), title
23 U.S.C., the Federal lands highway program, the
intelligent vehicle highway systems program, and
amounts made available under sections 1040, 1047,
1064, 6001, 6005, 6006, 6023, and 6024 of Public
Law 102–240, and 49 U.S.C. 5316, 5317, and
5338: Provided, That amounts made available under
section 6005 of Public Law 102–240 shall be subject
to the obligation limitation for Federal-aid highways
and highway safety construction programs under the
head ‘‘Federal-Aid Highways’’ in this Act.
(d) During the period October 1 through December
31, 1995, the aggregate amount of obligations under sec-
tion 157 of title 23, United States Code, for projects cov-
ered under section 147 of the Surface Transportation As-
sistance Act of 1978, section 9 of the Federal-Aid High-
way Act of 1981, sections 131(b), 131(j), and 404 of Pub-
lic 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 pursuant to paragraph (d) 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 sec-
tion 103(e)(4) of title 23, United States Code,
which would not be obligated in fiscal year 1996 if the
total amount of the obligation limitation provided for such
fiscal year in this Act were utilized.
(f) Paragraph (e) shall not apply to any State which
on or after August 1, 1996, has the amount distributed
to such State under paragraph (a) for fiscal year 1996
reduced under paragraph (c)(2).
SEC. 311. None of the funds in this Act shall be avail-
able for salaries and expenses of more than one hundred
and ten political and Presidential appointees in the De-
partment of Transportation: Provided, That none of the
personnel covered by this provision may be assigned on
temporary detail outside the Department of Transpor-
tation.
SEC. 312. The limitation on obligations for the pro-
grams 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 discre-
tionary 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 Spe-
cial Programs Administration from States, counties, mu-
nicipalities, other public authorities, and private sources
for expenses incurred for training and for reports’ publica-
tion and dissemination may be credited to the Research
and Special Programs account.
SEC. 316. None of the funds in this Act shall be avail-
able 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 land-
ing 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 main-
tained by the FAA in accordance with agency criteria.
SEC. 318. None of the funds in this Act shall be avail-
able 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 cancella-
tion 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 con-
ditioning such performance upon the appropriation of
funds: Provided, That this limitation does not apply to a
contract in which the Federal Government incurs no fi-
nancial liability from not buying additional systems, sub-
systems, or components beyond the basic contract require-
ments.
SEC. 319. None of the funds provided in this Act
shall be made available for planning and executing a pas-
senger manifest program by the Department of Transpor-
tation 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 speci-
fied 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 ad-
ministered under the most recent appropriation heading
for any such section.
SEC. 323. None of the funds in this Act shall be avail-
able 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 re-
lating 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 con-
necting the boroughs of Brooklyn, New York, and Staten
Island, New York, shall continue to be collected for only
those vehicles exiting from such bridge in Staten Island.
SEC. 326. None of the funds in this Act may be used
to compensate in excess of 335 technical staff years under
the federally-funded research and
development center
contract between the Federal Aviation Administration
and the Center for Advanced Aviation Systems Develop-
ment during fiscal year 1996.
SEC. 327. Funds provided in this Act for the Depart-
ment of Transportation working capital fund (WCF) shall
be reduced by $10,000,000 $5,000,000, which limits fiscal
year 1996 WCF obligational authority for elements of the
Department of Transportation funded in this Act to no
more than $92,231,000 $99,364,000: Provided, That such
reductions from the budget request shall be allocated by
the Department of Transportation to each appropriations
account in proportion to the amount included in each ac-
count for the working capital fund.
SEC. 328. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Fed-
eral Railroad Administration from States, counties, mu-
nicipalities, other public authorities, and private sources
for expenses incurred for training may be credited respec-
tively to the Federal Highway Administration’s ‘‘Limita-
tion on General Operating Expenses’’ account, the Federal
Transit Administration’s ‘‘Transit Planning and Re-
search’’ account, and to the Federal Railroad Administra-
tion’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 Con-
gress that, to the greatest extent practicable, all equip-
ment 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 en-
tity 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 state-
ment made in subsection (a) by the Congress.
SEC. 330. None of the funds in this Act shall be avail-
able 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 safe-
ty 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 eco-
nomic life of the bus for at least 5 years’’; and
(2) in subparagraph (C), ‘‘that extends the eco-
nomic 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 re-
ceived by the Bureau of Transportation Statistics from the
sale of data products, for necessary expenses incurred pur-
suant 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 pur-
pose of reimbursing the Bureau for such expenses: Pro-
vided, That such funds shall not be subject to the obliga-
tion limitation for Federal-aid highways and highway safe-
ty 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 struc-
ture, and to the extent practicable collocate consolidate the
Department’s surface transportation field offices adminis-
trative activities: Provided further, That the Secretary may
for the purpose of consolidation of offices and facilities
other than those at Headquarters, after notification to and
approval of the House and Senate Committees on Appro-
priations, transfer the funds made available by this Act
for civilian and military personnel compensation and bene-
fits and other administrative expenses to other appropria-
tions 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 trans-
ferred: 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 Con-
gress of the Budget Request for Fiscal Year 1997, a reorga-
nization 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 rela-
tionship of the Saint Lawrence Seaway Development Cor-
poration to the Department.
SEC. 336. The Secretary of Transportation is author-
ized to transfer funds appropriated for any office of the
Office of the Secretary 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 obli-
gated 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 emo-
tional response or psychological stress in some partici-
pants; (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 meth-
ods 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 life-
style outside the workplace; or (f) includes content related
to human immunodeficiency virus/acquired immune defi-
ciency syndrome (HIV/AIDS) other than that necessary
to make employees more aware of the medical ramifica-
tions of HIV/AIDS and the workplace rights of HIV-posi-
tive employees.
SEC. 337. None of the funds appropriated by this Act
shall be made available for employee training unless such
training is consistent with the provisions of 5 U.S.C. 4101
et seq., as amended.
SEC. 338. None of the funds in this Act may be used
to enforce the requirement that airport charges make the
as airport self-sustaining as possible or the prohibition
against revenue diversion in the Airport and Airway Im-
provement 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 per-
son for the use of such parks above those required for
the operation and maintenance of such parks shall be re-
mitted 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 incom-
patible with the safe and efficient use of the airport.
SEC. 339. (a) Except as provided in subsection (b)
of this section, 180 days after attaining eligibility for an
immediate retirement annuity under 5 U.S.C. 8336 or 5
U.S.C. 8412, an individual shall not be eligible to receive
compensation under 5 U.S.C. 8105–8106 resulting from
work injuries associated with employment with the De-
partment of Transportation (excluding the Maritime Ad-
ministration).
(b) An individual who, on the date of enactment of
this Act, is eligible to receive an immediate annuity de-
scribed in subsection (a) may continue to receive such
compensation under 5 U.S.C. 8105–8106 until March 31,
1996.
(c) For the purposes of section (a), the time an individ-
ual has spent on the worker’s compensation rolls shall be
counted as regular employment time.
SEC. 340. None of the funds in this Act shall be avail-
able 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 citi-
zens of the People’s Republic of China to participate in
research fellowships sponsored by the Federal Highway
Administration or other modal administrations of the De-
partment of Transportation, or to provide training or any
form of technology transfer to scientists or engineers em-
ployed by or working for 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 oper-
ations 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 Inter-
state Commerce Commission to the Department of Trans-
portation: 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 Com-
merce 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 car-
rier functions.
SEC. 343. Notwithstanding any other law, the funds
available for obligation to carry out the project in West
Calcasieu Parish, Louisiana, authorized by section
149(a)(87) of the Surface Transportation and Uniform Re-
location Assistance Act of 1987 (Public Law 101–17; 101
Stat. 194) shall be made available for obligation to carry
out the project for Lake Charles, Louisiana, authorized by
item 17 of the table in section 1106(a)(2) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law
102–240; 105 Stat. 2038).
SEC. 344. Improvements identified as highest priority
by section 1069(t) of Public Law 102–240 and funded pur-
suant to section 118(c)(2) of title 23, United States Code,
shall not be treated as an allocation for Interstate mainte-
nance for such fiscal year under section 157(a)(4) of title
23, United States Code, and sections 1013(c), 1015(a)(1),
and 1015(b)(1) of Public Law 102–240: Provided further,
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 Sec-
retary of Labor and the Administrator of the Environ-
mental Protection Agency shall, within three months of the
date of enactment of this Act, carry out research to identify
successful telecommuting programs in the public and pri-
vate sectors and provide for the dissemination to the public
of information regarding the establishment of successful
telecommuting programs and the benefits and costs of
telecommuting. Within one year of the date of enactment
of this Act, the Secretary shall report to Congress its find-
ings, 
conclusions, 
and 
recommendations 
regarding
telecommuting developed under this section.
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. Notwithstanding any other provision of law,
for fiscal year 1996, the Secretary shall allocate to a State
an additional amount of funding for its Federal-aid high-
way programs on a dollar for dollar basis to the extent that
prior year unobligated balances are withdrawn and can-
celed. Such funds are subject to the obligation ceiling for
Federal-aid Highways set by annual appropriations Acts.
SEC. 348. Notwithstanding any other provision of law,
for fiscal year 1996, a State may, at its option, transfer
those funds authorized or appropriated for highway dem-
onstration projects under Public Law 102–240, Public Law
100–17, Public Law 97–424, or under an applicable appro-
priations act for the Department of Transportation, to its
apportionment under section 104(b)(1), (2), (3), (5), and
144 of title 23, United States Code: Provided, That dem-
onstration projects upon which such funds are drawn have
not gone to construction (although obligations may have
been incurred for preliminary engineering or environ-
mental studies). Funds transferred under this section shall
be subject to the laws, regulations, policies, and procedures,
relating to the apportionment to which they are transferred
and shall be subject to the obligation ceiling for Federal-
aid highways set by annual appropriations Acts.
SEC. 349. INTERSTATE COMPACT INFRASTRUCTURE
BANKS.—Chapter 3 of title 49, United States Code, is
amended by the addition of the following new section 334:
‘‘SEC. 334. INTERSTATE COMPACT INFRASTRUCTURE
BANKS.—(a) CONSENT
TO INTERSTATE COMPACTS.—In
order to increase public investment, attract needed private
investment, and promote an intermodal transportation net-
work, Congress grants consent to the States to enter into
interstate compacts establishing transportation infrastruc-
ture banks to promote regional or multi-State investment
in transportation infrastructure and thereby improve eco-
nomic productivity.
‘‘(b) ASSISTANCE FOR TRANSPORTATION PROJECTS,
PROGRAMS, AND
ACTIVITIES.—An Interstate Compact
Transportation Infrastructure Bank (Infrastructure Bank)
established under this section may make loans, issue debt
under the authority of the Infrastructure Bank’s State ju-
risdictions either jointly or separately as the Infrastructure
Bank and its jurisdictions determine, and provide other as-
sistance to public or private entities constructing, or pro-
posing to construct or initiate, transportation projects, pro-
grams, or activities that are eligible to receive financial as-
sistance under—
‘‘(1) title 23, United States Code, and the Inter-
modal Surface Transportation Efficiency Act of 1991;
and
‘‘(2) chapters 53 and 221 and subtitle VII, part
B, of this title.
‘‘(c) FORMS OF ASSISTANCE.—An Infrastructure Bank
may loan or provide other assistance to a public or private
entity in an amount equal to all or part of the cost of con-
struction or capital cost of a qualifying project. The amount
of any loan or other assistance received for a qualifying
project under this section may be subordinated to any other
debt financing for the project. For purposes of this sub-
section, the term ‘other assistance’ includes any use of funds
for the purpose of credit enhancements, use as a capital re-
serve for bond or debt instrument financing, bond or debt
instrument financing issuance costs, bond or debt issuance
financing insurance, subsidizing of interest rates, letters of
credit, credit instruments, bond or debt financing instru-
ment security, other forms of debt financing that relate to
the qualifying project, and other leveraging tools approved
by the Secretary.
‘‘(d) INTERSTATE COMPACT TRANSPORTATION INFRA-
STRUCTURE BANK REQUIREMENTS.—In order to qualify an
Interstate Compact Transportation Infrastructure Bank for
capitalization grants under this section, each participating
State shall—
‘‘(1) deposit into the Infrastructure Bank, from
non-Federal or Federal sources other than this title or
title 23, United States Code, an amount equal to 25
percent of each capitalization grant or, if lower be-
cause of the proportion of Federal lands in the State,
the proportional non-Federal share that a State
would otherwise pay on the basis of section 120(b) of
title 23;
‘‘(2) ensure that the Infrastructure Bank main-
tains on a continuing basis an investment grade rat-
ing on its debt issuances or has a sufficient level of
bond or debt financing instrument insurance to
maintain the viability of the fund;
‘‘(3) ensure that investment income generated by
the funds deposited into an Infrastructure Bank shall
be—
‘‘(A) credited to the Infrastructure Bank;
‘‘(B) available for use in providing loans
and other assistance to qualifying projects, pro-
grams, or activities from the Infrastructure
Bank; and
‘‘(C) invested in U.S. Treasury securities,
bank deposits, or such other financing instru-
ments as the Secretary may provide to earn in-
terest to enhance the leveraging of qualifying
transportation activities;
‘‘(4) provide that the repayment of a loan or
other assistance to a State from any loan under this
section may be credited to the Infrastructure Bank or
obligated for any purpose for which the loaned funds
were available under this title or title 23;
‘‘(5) ensure that any loan from an Infrastructure
Bank shall bear any positive interest the Bank deter-
mines appropriate to make the qualifying project fea-
sible;
‘‘(6) ensure that repayment of any loan from an
Infrastructure Bank shall commence not later than
five years after the facility has opened to traffic or the
project, activity or facility has been completed;
‘‘(7) ensure that the term for repaying any loan
shall not exceed 30 years from the date of obligation
of the loan;
‘‘(8) limit any assignment, transfer, or loan to
an Infrastructure Bank to not more than the amount
which a State is entitled to under subsection (f) of
this section; and
‘‘(9) require the Infrastructure Bank to make an
annual report to the Secretary on its status no later
than September 30 of each year.
‘‘(e) SECRETARIAL REQUIREMENTS.—In administer-
ing this section, the Secretary shall—
‘‘(1) ensure that federal disbursements for capital
reserves shall be at a rate consistent with historic
rates for the Federal-aid highway program; and
‘‘(2) specify procedures and guidelines for estab-
lishing, operating, and making loans from an Infra-
structure Bank.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS; CONTRIBU-
TIONS FROM TITLE 23 APPORTIONMENTS.—(1) There are
authorized to be appropriated from the Airport and Airway
Trust Fund established under section 9502 of the Internal
Revenue Code of 1986 (26 U.S.C. 9502) to carry out this
section not more than $250,000,000 in Fiscal Year 1996.
‘‘(2) Notwithstanding the provisions of title 23, United
States Code, and Public Law 102–240 (Intermodal Surface
Transportation Efficiency Act of 1991), a State may con-
tribute to an Infrastructure Bank up to 10 percent of fed-
eral funds apportioned under section 104(b) of title 23 that
are subject to the annual Federal-aid Highways obligation
limitation, except for interstate construction.
‘‘(3) A state may disburse funds appropriated under
paragraph (f)(1) of this subsection or contributed under
(f)(2) of this subsection to an Infrastructure Bank at a rate
that does not exceed the traditional rate of disbursement
for the Airport Improvement Program or the Federal-aid
Highway program, respectively.
‘‘(g) STATE ALLOCATION.—The Secretary shall appor-
tion to the chief executive of each State choosing to partici-
pate in an Infrastructure Bank the percentage allocation
of the amount available under paragraph (e)(1) of this sec-
tion on the first day of the fiscal year, as follows:
‘‘State
Percentage
‘‘Alabama ..................................................................................................
1.26
‘‘Alaska ......................................................................................................
5.64
‘‘Arizona ....................................................................................................
2.20
‘‘Arkansas ..................................................................................................
0.74
‘‘California ................................................................................................
8.57
‘‘Colorado ..................................................................................................
2.31
‘‘Connecticut ..............................................................................................
0.74
‘‘Delaware .................................................................................................
0.04
‘‘District of Columbia ...............................................................................
0.01
‘‘Florida .....................................................................................................
6.49
‘‘Georgia ....................................................................................................
3.08
‘‘Hawaii ....................................................................................................
2.54
‘‘Idaho ........................................................................................................
0.75
‘‘Illinois .....................................................................................................
3.92
‘‘Indiana ....................................................................................................
1.46
‘‘Iowa .........................................................................................................
0.95
‘‘Kansas .....................................................................................................
0.68
‘‘Kentucky .................................................................................................
1.80
‘‘Louisiana ................................................................................................
1.34
‘‘Maine .......................................................................................................
0.66
‘‘Maryland .................................................................................................
0.84
‘‘Massachusetts ..........................................................................................
1.72
‘‘Michigan .................................................................................................
2.68
‘‘Minnesota ................................................................................................
1.59
‘‘Mississippi ..............................................................................................
0.76
‘‘Missouri ...................................................................................................
1.92
‘‘Montana ..................................................................................................
1.10
‘‘Nebraska ..................................................................................................
0.87
‘‘Nevada .....................................................................................................
1.46
‘‘New Hampshire ......................................................................................
0.28
‘‘New Jersey ..............................................................................................
1.16
‘‘New Mexico .............................................................................................
0.98
‘‘New York .................................................................................................
5.82
‘‘North Carolina ........................................................................................
2.92
‘‘North Dakota ..........................................................................................
0.61
‘‘Ohio .........................................................................................................
2.32
‘‘Oklahoma ................................................................................................
0.97
‘‘Oregon .....................................................................................................
1.15
‘‘Pennsylvania ..........................................................................................
3.29
‘‘Rhode Island ...........................................................................................
0.39
‘‘South Carolina .......................................................................................
1.05
‘‘South Dakota ..........................................................................................
0.55
‘‘Tennessee .................................................................................................
2.13
‘‘Texas ........................................................................................................
7.64
‘‘Utah .........................................................................................................
1.04
‘‘Vermont ...................................................................................................
0.22
‘‘Virginia ...................................................................................................
2.91
‘‘Washington .............................................................................................
1.78
‘‘West Virginia ..........................................................................................
0.58
‘‘Wisconsin ................................................................................................
1.41
‘‘Wyoming .................................................................................................
0.74
‘‘Puerto Rico .............................................................................................
0.99
‘‘(g) UNITED STATES NOT OBLIGATED.—The deposit
of Federal apportionments into an Infrastructure Bank
shall not be construed as a commitment, guarantee, or obli-
gation on the part of the United States to any third party,
nor shall any third party have any right against the United
States for payment solely by virtue of the deposit. Further-
more, any security or debt financing instrument issued by
an Infrastructure Bank shall expressly state that the secu-
rity or instrument does not constitute a commitment, guar-
antee, or obligation of the United States.
‘‘(h) MANAGEMENT
OF FEDERAL FUNDS.—Sections
3335 and 6503 of title 31, United States Code, shall not
apply to funds used as a capital reserve under this section.
‘‘(i) PROGRAM ADMINISTRATION.—For each fiscal
year, a State may contribute to an Infrastructure Bank an
amount not to exceed two percent of the Federal funds de-
posited into that Infrastructure Bank by the State to pro-
vide for the reasonable costs of administering the fund.’’.
(b) RESCISSION OF CONTRACT AUTHORIZATION.—Of
the available contract authority balances under the account
entitled ‘‘Grants-In-Aid for Airports’’ in this Act,
$250,000,000 are rescinded.
SEC. 350. (a) In consultation with the employees of
the Federal Aviation Administration and such nongovern-
mental experts in personnel management systems as he may
employ, and notwithstanding the provisions of title 5, Unit-
ed States Code, and other Federal personnel laws, the Sec-
retary of Transportation shall develop and implement, not
later than January 1, 1996, a personnel management sys-
tem for the Federal Aviation Administration that addresses
the unique demands on the agency’s workforce. Such new
system shall, at a minimum, provide for greater flexibility
in the hiring, training, compensation, and location of per-
sonnel.
(b) The provisions of title 5, United States Code, shall
not apply to the new personnel management system devel-
oped and implemented pursuant to subsection (a), with the
exception of:
(1) Section 2302(b), relating to whistleblower
protection;
(2) Section 7118(b)(7), relating to limitations on
the right to strike;
(3) Section 7204, relating to antidiscrimination;
(4) Chapter 73, relating to suitability, security,
and conduct;
(5) Chapter 81, relating to compensation for
work injury; and
(6) Chapters 83–85, 87, and 89, relating to re-
tirement and insurance coverage.
SEC. 351. (a) In consultation with such non-govern-
mental experts in acquisition management systems as he
may employ, and notwithstanding provisions of Federal ac-
quisition law, the Secretary of Transportation shall develop
and implement, not later than January 1, 1996, an acqui-
sition management system for the Federal Aviation Admin-
istration that addresses the unique needs of the agency and,
at a minimum, provides for more timely and cost-effective
acquisitions of equipment and materials.
(b) The following provisions of Federal acquisition law
shall not apply to the new acquisition management system
developed and implemented pursuant to subsection (a):
(1) Title III of the Federal Property and Admin-
istrative Services Act of 1949 (41 U.S.C. 252–266);
(2) The Office of Federal Procurement Policy Act
(41 U.S.C. 401 et seq.);
(3) The Federal Acquisition Streamlining Act of
1994 (Public Law 103–355);
(4) The Small Business Act (15 U.S.C. 631 et
seq.), except that all reasonable opportunities to be
awarded contracts shall be provided to small business
concerns and small business concerns owned and con-
trolled by socially and economically disadvantaged
individuals;
(5) The Competition in Contracting Act;
(6) Subchapter V of Chapter 35 of title 31, relat-
ing to the procurement protest system;
(7) The Brooks Automatic Data Processing Act
(40 U.S.C. 759); and
(8) The Federal Acquisition Regulation and any
laws not listed in (a) through (e) of this section pro-
viding authority to promulgate regulations in the
Federal Acquisition Regulation.
SEC. 352. Section 40118(h)(2) of title 49, United
States Code, is amended by striking the second sentence in
that paragraph and inserting in lieu thereof the following:
‘‘After review and a public hearing, the Secretary may end
any part of the authority of the agency to impose a pas-
senger facility fee, except for that portion necessary to make
payments for debt service due by the agency on indebtedness
incurred to carry out an eligible airport-related project.’’
SEC. 353. Funds provided in this Act for bonuses and
cash awards for employees of the Department of Transpor-
tation shall be reduced by $752,852, which limits fiscal year
1995 obligation authority to no more than $25,875,075:
Provided, That this provision shall be applied to funds for
Senior Executive Service bonuses, merit pay, and other bo-
nuses and cash awards.
SEC. 354. 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. 355. 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. 356. (a) The Federal Aviation Administration
Technical Center located at the Atlantic City International
Airport in Pomona, New Jersey, shall be known and des-
ignated as the ‘‘William J. Hughes Technical Center’’.
(b) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal
Aviation Administration Technical Center referred to in
section (a) shall be deemed to be a reference to the ‘‘William
J. Hughes Technical Center’’.
SEC. 357. None of the funds in this Act may be used
to close any multi-mission small boat stations or subunits:
Provided, That the Secretary may implement any manage-
ment efficiencies within the small boat unit system, such
as modifying the operational posture of units or reallocat-
ing resources as necessary to ensure the safety of the mari-
time public nationwide, provided that no stations or
subunits may be closed.
SEC. 358. Notwithstanding any other provision of law,
of the $29,596,000 available for obligation authorized by
item 21 of the table in section 1105(f) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law
102–240; 105 Stat. 2038), $6,000,000 shall be made avail-
able for obligation to carry out surface transportation
projects in Louisiana. Of this amount, $5,000,000 shall be
made available for completion of the I–10 and I–610 project
in New Orleans, Louisiana and $1,000,000 shall be made
available for three highway studies of which $250,000 is
provided for a study to widen US 84/LA 6 traversing north
Louisiana, $250,000 is provided for a study to widen La.
Hwy 42 from US Hwy. 61 to La. Hwy. 44 and extend
to I–10 in East Ascension Parish and $500,000 is provided
for a study to connect Interstate 20 on both sides of the
Ouachita River.
SEC. 359. TRANSFER OF CERTAIN FEDERAL PROP-
ERTY IN NEW JERSEY.—The first section of the Act entitled
‘‘An Act transferring certain Federal property to the city
of Hoboken, New Jersey’’, approved September 27, 1982
(Public Law 97–268, 96 Stat. 1140), is amended—
(1) in subsection (a), by adding ‘‘and’’ at the
end, and
(2) by striking ‘‘Stat. 220), and’’ in subsection
(b) and all that follows through ‘‘New Jersey; concur-
rent with’’ and inserting the following: ‘‘Stat. 220);
concurrent with’’.
TITLE
IV—PROVIDING
FOR
THE
ADOP-
TION
OF
MANDATORY
STANDARDS
AND
PROCEDURES
GOVERNING
THE
ACTIONS OF ARBITRATORS IN THE AR-
BITRATION OF LABOR DISPUTES IN-
VOLVING TRANSIT AGENCIES OPERAT-
ING 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 require-
ments 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 tran-
sit 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 dis-
courages 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 sub-
sidy 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 applica-
ble to arbitrators resolving arbitration disputes in-
volving 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 Arti-
cle 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 inter-
state compact agencies operating in the national capital
area in order to lower operating costs for public transpor-
tation 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 sin-
gle 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 agen-
cy, or of any governmental jurisdiction which pro-
vides subsidy payments or budgetary assistance to
the interstate compact agency, to obtain the nec-
essary financial resources to pay for wage and bene-
fit increases for employees of the interstate compact
agency;
(4) the term ‘‘interstate compact agency operat-
ing in the national capital area’’ means any inter-
state compact agency which provides public transit
services;
(5)
the
term
‘‘interstate
compact
agency’’
means any agency established by an interstate com-
pact to which the District of Columbia is a signa-
tory; and
(6) the term ‘‘public welfare’’ includes, with re-
spect 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. metro-
politan 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 pay-
ments to the interstate compact agency estab-
lished 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 deci-
sion for inclusion in a collective bargaining agreement gov-
erning conditions of employment without considering the
following factors:
(1) The existing terms and conditions of em-
ployment of the employees in the bargaining unit.
(2) All available financial resources of the inter-
state 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 condi-
tions of the employment of other employees who per-
form, in other jurisdictions in the Washington, D.C.
standard metropolitan statistical area, services simi-
lar 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 de-
mands 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 re-
ceived 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 pen-
sions; and
(C) the continuity and stability of employ-
ment.
(7) The public welfare.
(b) COMPACT AGENCY’S FUNDING ABILITY.—An ar-
bitrator rendering an arbitration award involving the em-
ployees of an interstate compact agency operating in the
national capital area may not, with respect to a collective
bargaining agreement governing conditions of employ-
ment, provide for salaries and other benefits that exceed
the interstate compact agency’s funding ability.
(c) REQUIREMENTS FOR FINAL AWARD.—In resolv-
ing a dispute submitted to arbitration involving the em-
ployees 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 wel-
fare. The arbitrator’s conclusion regarding the public wel-
fare 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 ap-
plies, the interstate compact agency and the employees in
the bargaining unit, through their representative, may
agree in writing upon any modifications to the award with-
in 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 inter-
state 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 pow-
ers;
(3) the decision by the arbitrator is arbitrary or
capricious;
(4) the arbitrator conducted the hearing con-
trary to the provisions of this title or other statutes
or rules that apply to the arbitration so as to sub-
stantially 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 pro-
visions of section 404.
TITLE V
ADDITIONAL GENERAL PROVISIONS
SEC. 501. None of the funds made available in this
Act may be used for improvements to the Miller Highway
in New York City, New York.
This Act may be cited as the ‘‘Department of Trans-
portation and Related Agencies Appropriations Act,
1996’’.
Passed the House of Representatives July 25, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
HR 2002 RS——2
HR 2002 RS——3
HR 2002 RS——4
HR 2002 RS——5
HR 2002 RS——6
HR 2002 RS——7