H. R. 2002—26
(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 Regula-
tion.
(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 provi-
sion 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 subse-
quent 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 insert-
ing 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;
H. R. 2002—27
(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 Govern-
ment 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 eco-
nomic 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 agree-
ment is having severe repercussions on United States air car-
riers 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 relat-
ing 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 agree-
ment; 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 Transpor-
tation 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 agree-
ment requiring an interest rate that is higher than that specified
therein.
SEC. 357. AUTHORITY TO USE FUNDS FOR SIDING AND INTER-
MODAL FACILITY IN RICHLAND COUNTY, NORTH DAKOTA.—Notwith-
H. R. 2002—28
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 STAND-
ARDS AND PROCEDURES GOVERNING THE ACTIONS OF
ARBITRATORS IN THE ARBITRATION OF LABOR DISPUTES
INVOLVING TRANSIT AGENCIES OPERATING IN THE NA-
TIONAL 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 Con-
gress finds that—
(1) affordable public transportation is essential to the eco-
nomic 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 govern-
mental entities that are responsible for subsidy payments for
public transit services since local governments generally, and
the District of Columbia government in particular, are operat-
ing under severe fiscal constraints;
(6) imposition of mandatory standards applicable to arbitra-
tors 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 arbitra-
tors resolving disputes involving interstate compact agencies operat-
H. R. 2002—29
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 nec-
essary 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 provid-
ing public transit services; and
(B) the average per capita tax burden, during the term
of the collective bargaining agreement to which the arbitra-
tion relates, of the residents of the Washington, D.C. metro-
politan area, and the effect of an arbitration award ren-
dered pursuant to such arbitration on the respective income
or property tax rates of the jurisdictions which provide
subsidy payments to the interstate compact agency estab-
lished under the compact.
SEC. 404. STANDARDS FOR ARBITRATORS.—(a) FACTORS IN MAK-
ING 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 follow-
ing factors:
(1) The existing terms and conditions of employment of
the employees in the bargaining unit.
(2) All available financial resources of the interstate com-
pact 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, pub-
lished 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-