Department of Transportation and Related Agencies Appropriations Act, 1996
PL 104-50 (H.R.2002), enacted 11/15/1995

109 STAT. 436 
PUBLIC LAW 104-50—NOV. 15, 1995 
Nov. 15, 1995 
[H.R. 2002] 
Department of 
Transportation 
and Related 
Agencies 
Appropriations 
Act. 1996. 
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 Depart-
ment 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 depart-
mental access at no cost; to secure them against detection, alter-
ation, 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 High-
ways" 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. 
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 car-
riers 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 pro-
grams 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 "Pay-
ments 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 Tixist 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 modify-
ing such loans, shall be as defined in section 502 of the Congres-
sional 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 adminis-
trative expenses to carry out the direct loan program, $400,000. 
MINORITY BUSINESS OUTREACH 
For necessary expenses of the Minority Business Resource Cen-
ter 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 
14 use 92 note. 
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: Pro-
vided 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 Execu-
tive 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 equip-
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 avail-
able 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-llA 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 Com-
mandant 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 pa3maent 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, DEVISLOPMENT, 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 appropria-
tion 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 activi-
ties related to commercial space transportation, administrative 
expenses for research and development, establishment of air naviga-
tion 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 authori-
ties, 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 air-
man, 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 oper-
ations and maintenance to enhance aviation safety and security: 
Provided further. That the unexpended balances of the appropria-
tion "Office of Commercial Space Transportation, Operations and 
Research" shall be transferred to and merged with this appropria-
tion: Provided further. That none of the funds derived from the 
Airport and Airway Trust Fund may be used to support the oper-
ations 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 acquisi-
tion, 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 facili-
ties 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 pri-
vate sources, for expenses incurred in the establishment and mod-
ernization 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 experi-
mental 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 authori-
ties, and private sources, for expenses incurred for research, 
engineering, and development. 
109 STAT. 442 
PUBLIC LAW 104-50—NOV. 15, 1995 
GRANTS-nsi-AID FOR AIRPORTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(AIRPORT AND AIRWAY TRUST FUND) 
For liquidation of obligations incurred for grants-in-aid for air-
port 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 obliga-
tions 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 avail-
able 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 
49 use 40113 
None of the funds in this Act shall be available for activities 
note. 
under this head the obligations for which are in excess of $1,600,000 
during fiscal year 1996. 
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION O N 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 pro-
vided herein shall remain available until September 30, 1998. 
' • " ^ f ^ ^ 
PUBLIC ]:AW 104-50—NOV. 15, 1995 
109 STAT. 443 
HIGHWAY-RELATED SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
For pajonent of obligations incurred in carrying out the provi-
sions 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 23 USC104 note, 
implementation or execution of programs the obligations for which 
are in excess of $17,550,000,000 for Federal-aid highways and high-
way 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. 
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 Sec-
retary 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 tempera-
ture resistance) already in effect. 
OPERATIONS AND RESEARCH 
(HIGHWAY TRUST FUND) 
For expenses necessary to discharge the functions of the Sec-
retary 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 carr5dng 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 Effi-
ciency 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 "Alco-
hol-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 €;xpended: 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 40 USC 817 note. 
Station transaction in which the Secretary assumed the first deed 
of trust on the property and, where the Union Station Redevelop-
ment 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 Redevelop-
ment 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 avail-
able to the Federal Railroad Administration, to be reimbursed from 
pajonents received from the Union Station Redevelopment Corpora-
tion. 
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 improve-
ments authorized by title VII of the Railroad Revitalization and 
Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et 
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 Develop-
ment 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 improve-
ments. 
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 pro-
gram 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 Contracts, 
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 B'alls 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 improve-
ments 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 operat-
ing assistance provided under this heading shall, for urbanized 
areas of less than 200,000 in population, be no less than seventy-
109 STAT. 448 
PUBLIC LAW 104-50—NOV. 15, 1995 
five percent of the amount of operating assistance such areas are 
Urban and rural 
eligible to receive under Public Law 103-331: Provided 
further, 
areas. 
That in the distribution of the limitation provided under this head-
ing 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 operat-
ing assistance on smaller transit authorities operating within the 
area and to consider the needs and resources of such transit authori-
ties 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 
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 high-
occupancy 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 com-
muter 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 commit-
ments 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, coun-
ties, 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 develop-
ment 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 
SAI^ARIES 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 
SAI.ARIES AND EXPENSES 
For expenses necessary for the Architectural and Transpor-
tation 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 equiva-
lent 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 Commis-
sion, 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 representa-
tion 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 appropria-
tions to the Department of Transportation shall be available for 
maintenance and operation of aircraft; hire of passenger motor 
' iv'^^f2> • 
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 busi-
ness; and uniforms, or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902). 
SEC. 302. Funds for the Pginama 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 49 USC 106 note. 
by the Federal Aviation Administration shall be available (1) except 
as otherwise authorized by title VIII of the Elementary and Second-
ary Education Act of 1965, 20 U.S.C. 7701, et seq., for expenses 
of primary and secondary schooling for dependents of Federal Avia-
tioia 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 deter-
mined 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 resi-
dence when the Secretary, under such regulations as may be pre-
scribed, determines that such schools are not accessible by public 
means of transportation o
m a regular basis. 
SEC. 304. Appropriations contained in this Act for the Depart-
ment 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 Contracts. 
Act for any consulting service through procurement contract pursu- Public 
ant to section 3109 of title 5, United States Code, shall be limited info"nation. 
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. 
109 STAT. 454 
PUBLIC LAW 104-50—NOV. 15, 1995 
23 use 104 note. 
SEC. 310. (a) For fiscal year 1996 the Secretary of Transpor-
tation shall distribute the obligation limitation for Federal-aid high-
ways by allocation in the ratio which sums authorized to be appro-
priated 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 author-
ized by section 104(a), title 23 U.S.C, the Federal lands high-
way 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), 1310), 
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 Pubhc Law 102-240, and 
(2) for highway assistance projects under section 103(e)(4) 
of title 23, United States Code, 
PUBLIC LAW 104-50—NOV. 15, 1995 
109 STAT. 455 
which would not be obhgated 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 
(0(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: Pro-
vided, 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 49USC5338 
the Federal Transit Administration shall not apply to any authority i^ot^-
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 49 USC 44502 
may transfer, without consideration, to the Federal Aviation note. 
Administration (FAA) instrument landing isystems (along with asso-
ciated approach lighting equipment and runway visual range equip-
ment) which conform to FAA design and performance specifications, 
the purchase of which was assisted by a Federal airport aid pro-
gram, 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 procure-
ment 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 s^ond and 
subsequent years of the contract without conditioning such perform-
ance 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. 
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 avail-
able by this Act under "Federal Transit Administration, Discre-
tionary 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 with-
drawal 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 estab-
lishes such speed limit, distance, or other measurement using the 
metric system. 
New York. 
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 com-
pensate 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 Avia-
tion 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 Administra-
tion, 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 Administra-
tion's "Limitation on General Operating Expenses" account, the 
Federal Transit Administration's "Transit Planning and Research" 
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 econ-
omy standards for automobiles, as defined in such title, in any 
model year that differs from standards promulgated for such auto-
mobiles 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: Pro-
vided, 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 
Effective date. 
before March 31, 1996. 
49 USC 5302 
SEC. 334. Notwithstanding 31 U.S.C. 3302, funds received by 
the Bureau of Transportation Statistics from the sale of data prod-
ucts, 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: Pro-
vided, That such funds shall not be subject to the obligation limita-
tion for Federal-aid highways and highway safety construction. 
SEC. 335. Of the budgetary resources provided to the Depart-
ment 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 
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 Transpor-
tation 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 fur-
ther, That no appropriation shall be increased or decreased by 
more than ten per centum by all such transfers: Provided 
further, 
5 use 905 note. 
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 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 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 identi-
fied 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 syn-
drome (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 self-
sustaining 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: Pro-
vided 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 
PUBLIC LAW 104-50—NOV. 15, 1995 
109 STAT. 459 
favor or oppose, by vote or otherwise, any legislation or appropria-
tion by Congress, whether before or after the introduction of any 
bill or resolution proposing such legislation or appropriation: Pro-
vided, 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 Com-
merce 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 Depart-
ment of Transportation, $8,421,000 shall be available on the effec-
tive date of legislation transferring certain rail and motor carrier 
functions from the Interstate Commerce Commission to the Depart-
ment of Transportation: Provided, That such amount shall be avail-
able 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 establish-
ment 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 
49 u s e 106 note. 
49 u s e 40110 
note. 
eontracts. 
Small business. 
of this Act, the Secretary shall report to Congress its findings, 
conclusions, and recommendations regarding telecommuting devel-
oped 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 notwith-
standing 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 (Pub-
lic 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. 
\:iyiiS0S^.'' 
PUBLIC LAW 104r-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 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 Grovemments 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; 
Effective date. 
Federal btiildings 
and facilities. 
New Jersey. 
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 Grovem-
ment of Japan, the Grovernment 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 Grovernment 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 Grovernment 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 
Grovernment of Japan abides by the terms of the United States/ 
Japan bilateral aviation agreement. 
Contracts. 
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 Dep%artment 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-
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 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 % 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-
National 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 pa)mients 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-
PUBLIC LAW 104-50—NOV. 15, 1995 
109 STAT. 465 
tions in the Washington, D.C. standard metropoUtan statistical 
area, services similar to those in the bargaining unit. 
(5) The special nature of the work performed by the employ-
ees in the bargaining unit, including any hazards or the relative 
ease of employment, physical requirements, educational quali-
fications, 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, holi-
days, and other excused absences; 
(B) all benefits received by the employees, including 
previous bonuses, insurgince, and pensions; and 
(C) the continuity and stability of employment. 
(7) The public welfare. 
(b) COMPACT AGENCY'S FUNDING ABILITY.—An arbitrator ren-
dering 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 condi-
tions 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 arbitrators 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 arbitra-
tion 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; 
99-194 0-95-16:QL3Partl 
109 STAT. 466 
PUBLIC LAW 104-50—NOV. 15, 1995 
(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. 
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.