Text: H.R.2002 — 104th Congress (1995-1996)All Information (Except Text)

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Public Law No: 104-50 (11/15/1995)

 
[104th Congress Public Law 50]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ50.104]

 DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1996

[[Page 109 STAT. 436]]

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. <<NOTE: Nov. 15, 1995 -  [H.R. 2002]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Transportation and Related Agencies Appropriations Act, 1996.>>  That 
the following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the Department of Transportation and 
related agencies for the fiscal year ending September 30, 1996, and for 
other purposes, namely:

                                 TITLE I

                      DEPARTMENT OF TRANSPORTATION

                         OFFICE OF THE SECRETARY

                          Salaries and Expenses

    For necessary expenses of the Office of the Secretary, $56,189,000, 
of which not to exceed $40,000 shall be available as the Secretary may 
determine for allocation within the Department for official reception 
and representation expenses: Provided, That notwithstanding any other 
provision of law, there may be credited to this appropriation up to 
$1,000,000 in funds received in user fees established to support the 
electronic tariff filing system: Provided further, That none of the 
funds appropriated in this Act or otherwise made available may be used 
to maintain custody of airline tariffs that are already available for 
public and departmental access at no cost; to secure them against 
detection, alteration, or tampering; and open to inspection by the 
Department.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $6,554,000, 
and in addition, $809,000, to be derived from ``Federal-aid Highways'' 
subject to the ``Limitation on General Operating Expenses''.

           Transportation Planning, Research, and Development

    For necessary expenses for conducting transportation planning, 
research, systems development, and development activities, to remain 
available until expended, $8,220,000.

[[Page 109 STAT. 437]]

                          Working Capital Fund

    Necessary expenses for operating costs and capital outlays of the 
Department of Transportation Working Capital Fund associated with the 
provision of services to entities within the Department of 
Transportation, not to exceed $103,149,000 shall be paid, in accordance 
with law, from appropriations made available to the Department of 
Transportation.

                        Payments to Air Carriers

                 (liquidation of contract authorization)

                     (airport and airway trust fund)

            (including rescission of contract authorization)

    For liquidation of obligations incurred for payments to air carriers 
of so much of the compensation fixed and determined under subchapter II 
of chapter 417 of title 49, United States Code, as is payable by the 
Department of Transportation, $22,600,000, to remain available until 
expended and to be derived from the Airport and Airway Trust Fund: 
Provided, That none of the funds in this Act shall be available for the 
implementation or execution of programs in excess of $22,600,000 for the 
Payments to Air Carriers program in fiscal year 1996: Provided further, 
That none of the funds in this Act shall be used by the Secretary of 
Transportation to make payment of compensation under subchapter II of 
chapter 417 of title 49, United States Code, in excess of the 
appropriation in this Act for liquidation of obligations incurred under 
the ``Payments to air carriers'' program: Provided further, That none of 
the funds in this Act shall be used for the payment of claims for such 
compensation except in accordance with this provision: Provided further, 
That none of the funds in this Act shall be available for service to 
communities in the forty-eight contiguous States that are located fewer 
than seventy highway miles from the nearest large or medium hub airport, 
or that require a rate of subsidy per passenger in excess of $200 unless 
such point is greater than two hundred and ten miles from the nearest 
large or medium hub airport: Provided further, That of funds provided 
for ``Small Community Air Service'' by Public Law 101-508, $16,000,000 
in fiscal year 1996 is hereby rescinded.

                        Payments to Air Carriers

                              (rescission)

    Of the budgetary resources remaining available under this heading, 
$6,786,971 are rescinded.

                             Rental Payments

    For necessary expenses for rental of headquarters and field space 
not to exceed 8,580,000 square feet and for related services assessed by 
the General Services Administration, $135,200,000: Provided, That of 
this amount, $1,897,000 shall be derived from the Highway Trust Fund, 
$41,441,000 shall be derived from the Airport and Airway Trust Fund, 
$836,000 shall be derived from the Pipeline Safety Fund, and $169,000 
shall be derived from the

[[Page 109 STAT. 438]]

Harbor Maintenance Trust Fund: Provided further, That in addition, for 
assessments by the General Services Administration related to the space 
needs of the Federal Highway Administration, $17,685,000, to be derived 
from ``Federal-aid Highways'', subject to the ``Limitation on General 
Operating Expenses''.

                Minority Business Resource Center Program

    For the cost of direct loans, $1,500,000, as authorized by 49 U.S.C. 
332: Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That these funds are available to 
subsidize gross obligations for the principal amount of direct loans not 
to exceed $15,000,000. In addition, for administrative expenses to carry 
out the direct loan program, $400,000.

                       Minority Business Outreach

    For necessary expenses of the Minority Business Resource Center 
outreach activities, $2,900,000, of which $2,642,000 shall remain 
available until September 30, 1997: Provided, That notwithstanding 49 
U.S.C. 332, these funds may be used for business opportunities related 
to any mode of transportation.

                               COAST GUARD

                           Operating Expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for; purchase of not to exceed five 
passenger motor vehicles for replacement only; payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and 
recreation and welfare; $2,278,991,000, of which $25,000,000 shall be 
derived from the Oil Spill Liability Trust Fund; and of which 
$20,000,000 shall be expended from the Boat Safety Account: 
Provided, <<NOTE: 14 USC 92 note.>>  That the number of aircraft on hand 
at any one time shall not exceed two hundred and eighteen, exclusive of 
aircraft and parts stored to meet future attrition: Provided further, 
That none of the funds appropriated in this or any other Act shall be 
available for pay or administrative expenses in connection with shipping 
commissioners in the United States: Provided further, That none of the 
funds provided in this Act shall be available for expenses incurred for 
yacht documentation under 46 U.S.C. 12109, except to the extent fees are 
collected from yacht owners and credited to this appropriation: Provided 
further, That the Commandant shall reduce both military and civilian 
employment levels for the purpose of complying with Executive Order No. 
12839.

               Acquisition, Construction, and Improvements

    For necessary expenses of acquisition, construction, renovation, and 
improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto, $362,375,000, of which 
$32,500,000 shall be derived from the Oil Spill Liability Trust Fund; of 
which $167,600,000 shall be available to acquire, repair, renovate or 
improve vessels, small boats and related equip

[[Page 109 STAT. 439]]

ment, to remain available until September 30, 2000; $12,000,000 shall be 
available to acquire new aircraft and increase aviation capability, to 
remain available until September 30, 1998; $49,200,000 shall be 
available for other equipment, to remain available until September 30, 
1998; $88,875,000 shall be available for shore facilities and aids to 
navigation facilities, to remain available until September 30, 1998; and 
$44,700,000 shall be available for personnel compensation and benefits 
and related costs, to remain available until September 30, 1996: 
Provided, That funds received from the sale of the VC-11A and HU-25 
aircraft shall be credited to this appropriation for the purpose of 
acquiring new aircraft and increasing aviation capacity: Provided 
further, That the Commandant may dispose of surplus real property by 
sale or lease and the proceeds of such sale or lease shall be credited 
to this appropriation.

                Environmental Compliance and Restoration

    For necessary expenses to carry out the Coast Guard's environmental 
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 Portland, 
Oregon, $15,000,000, to remain available until expended.

                          Alteration of Bridges

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

                               Retired Pay

    For retired pay, including the payment of obligations therefor 
otherwise chargeable to lapsed appropriations for this purpose, and 
payments under the Retired Serviceman's Family Protection and Survivor 
Benefits Plans, and for payments for medical care of retired personnel 
and their dependents under the Dependents Medical Care Act (10 U.S.C. 
ch. 55), $582,022,000.

                            Reserve Training

    For all necessary expenses for the Coast Guard Reserve, as 
authorized by law; maintenance and operation of facilities; and 
supplies, equipment, and services; $62,000,000.

               Research, Development, Test, and Evaluation

    For necessary expenses, not otherwise provided for, for applied 
scientific research, development, test, and evaluation; maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law, $18,000,000, to remain available until expended, of 
which $3,150,000 shall be derived from the Oil Spill Liability Trust 
Fund: Provided, That there may be credited to this appropriation funds 
received from State and local governments, other public authorities, 
private sources, and foreign countries, for expenses incurred for 
research, development, testing, and evaluation.

[[Page 109 STAT. 440]]

                               Boat Safety

                     (aquatic resources trust fund)

    For payment of necessary expenses incurred for recreational boating 
safety assistance under Public Law 92-75, as amended, $20,000,000, to be 
derived from the Boat Safety Account and to remain available until 
expended.

                     FEDERAL AVIATION ADMINISTRATION

                               Operations

                      (including transfer of funds)

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities and 
the operation (including leasing) and maintenance of aircraft, and 
carrying out the provisions of subchapter I of chapter 471 of title 49, 
U.S.Code, or other provisions of law authorizing the obligation of funds 
for similar programs of airport and airway development or improvement, 
lease or purchase of four passenger motor vehicles for replacement only, 
$4,645,712,000, of which $2,222,859,100 shall be derived from the 
Airport and Airway Trust Fund: Provided, That there may be credited to 
this appropriation funds received from States, counties, municipalities, 
foreign authorities, other public authorities, and private sources, for 
expenses incurred in the provision of agency services, including 
receipts for the maintenance and operation of air navigation facilities 
and for issuance, renewal or modification of certificates, including 
airman, aircraft, and repair station certificates, or for tests related 
thereto, or for processing major repair or alteration forms: Provided 
further, That funds may be used to enter into a grant agreement with a 
nonprofit standard setting organization to assist in the development of 
aviation safety standards: Provided further, That none of the funds in 
this Act shall be available for new applicants for the second career 
training program: Provided further, That none of the funds in this Act 
shall be available for paying premium pay under 5 U.S.C. 5546(a) to any 
Federal Aviation Administration employee unless such employee actually 
performed work during the time corresponding to such premium pay: 
Provided further, That the Secretary may transfer funds to this account, 
from Coast Guard ``Operating expenses'', not to exceed $60,000,000 in 
total for the fiscal year, fifteen days after written notification to 
the House and Senate Committees on Appropriations, solely for the 
purpose of providing additional funds for air traffic control operations 
and maintenance to enhance aviation safety and security: Provided 
further, That the unexpended balances of the appropriation ``Office of 
Commercial Space Transportation, Operations and Research'' shall be 
transferred to and merged with this appropriation: Provided further, 
That none of the funds derived from the Airport and Airway Trust Fund 
may be used to support the operations and activities of the Associate 
Administrator for Commercial Space Transportation.

[[Page 109 STAT. 441]]

                        Facilities and Equipment

                     (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for acquisition, 
establishment, and improvement by contract or purchase, and hire of air 
navigation and experimental facilities and equipment as authorized under 
part A of subtitle VII of title 49, U.S.Code, including initial 
acquisition of necessary sites by lease or grant; engineering and 
service testing, including construction of test facilities and 
acquisition of necessary sites by lease or grant; and construction and 
furnishing of quarters and related accommodations for officers and 
employees of the Federal Aviation Administration stationed at remote 
localities where such accommodations are not available; and the 
purchase, lease, or transfer of aircraft from funds available under this 
head; to be derived from the Airport and Airway Trust Fund, 
$1,934,883,000, of which $1,708,883,000 shall remain available until 
September 30, 1998, of which $216,000,000 shall remain available until 
September 30, 1996, and of which $10,000,000, to remain available until 
expended, is for funding noncompetitive cooperative agreements with air 
carriers to assist them in acquiring and installing the following 
advanced security equipment: (1) hardened unit load devices, (2) 
explosive detection systems certified by the Federal Aviation 
Administration, and (3) computer-aided screener training and proficiency 
systems, in order to evaluate such equipment's operational feasibility 
and effectiveness in improving civil aviation security: Provided, That 
there may be credited to this appropriation funds received from States, 
counties, municipalities, other public authorities, and private sources, 
for expenses incurred in the establishment and modernization of air 
navigation facilities.

                        Facilities and Equipment

                     (airport and airway trust fund)

                              (rescission)

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

                 Research, Engineering, and Development

                     (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle VII 
of title 49, U.S.C., including construction of experimental facilities 
and acquisition of necessary sites by lease or grant, $185,698,000, to 
be derived from the Airport and Airway Trust Fund and to remain 
available until September 30, 1998: Provided, That there may be credited 
to this appropriation funds received from States, counties, 
municipalities, other public authorities, and private sources, for 
expenses incurred for research, engineering, and development.

[[Page 109 STAT. 442]]

                       Grants-in-Aid for Airports

                 (liquidation of contract authorization)

                     (airport and airway trust fund)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and for noise compatibility planning 
and programs as authorized under subchapter I of chapter 471 and 
subchapter I of chapter 475 of title 49, U.S.Code, and under other law 
authorizing such obligations, $1,500,000,000, to be derived from the 
Airport and Airway Trust Fund and to remain available until expended: 
Provided, That none of the funds in this Act shall be available for the 
planning or execution of programs the obligations for which are in 
excess of $1,450,000,000 in fiscal year 1996 for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs, notwithstanding section 47117(h) of title 49, U.S.Code: 
Provided further, That none of the funds in this Act shall be available 
for the planning and execution of programs the obligations for which are 
in excess of $26,000,000 for the ``Military Airports Program'' and 
$48,000,000 for the ``Reliever Airports Program''.

                    Aviation Insurance Revolving Fund

    The Secretary of Transportation is hereby authorized to make such 
expenditures and investments, within the limits of funds available 
pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the 
Government Corporation Control Act, as amended (31 U.S.C. 9104), as may 
be necessary in carrying out the program for aviation insurance 
activities under chapter 443 of title 49, U.S. Code.

                Aircraft Purchase Loan Guarantee Program

    None of the funds in this Act shall be available for activities 
under this head the obligations for which are in excess of $1,600,000 
during fiscal year 1996.

                     FEDERAL HIGHWAY ADMINISTRATION

                limitation on general operating expenses

    Necessary expenses for administration, operation, including motor 
carrier safety program operations, and research of the Federal Highway 
Administration not to exceed $509,660,000 shall be paid in accordance 
with law from appropriations made available by this Act to the Federal 
Highway Administration together with advances and reimbursements 
received by the Federal Highway Administration: Provided, That 
$208,946,000 of the amount provided herein shall remain available until 
September 30, 1998.

[[Page 109 STAT. 443]]

                      Highway-Related Safety Grants

                 (liquidation of contract authorization)

                          (highway trust fund)

                      (including transfer of funds)

    For payment of obligations incurred in carrying out the provisions 
of title 23, United States Code, section 402 administered by the Federal 
Highway Administration, to remain available until expended, $11,000,000, 
to be derived from the Highway Trust Fund: Provided, That not to exceed 
$100,000 of the amount made available herein shall be available for 
``Limitation on general operating expenses'': Provided further, That 
none of the funds in this Act shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$11,000,000 in fiscal year 1996 for ``Highway-Related Safety Grants''.

                          Federal-Aid Highways

                       (limitation on obligations)

                          (highway trust fund)

    None <<NOTE: 23 USC 104 note.>>  of the funds in this Act shall be 
available for the implementation or execution of programs the 
obligations for which are in excess of $17,550,000,000 for Federal-aid 
highways and highway safety construction programs for fiscal year 1996.

                          Federal-Aid Highways

                 (liquidation of contract authorization)

                          (highway trust fund)

    For carrying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, including the National 
Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not 
otherwise provided, including reimbursements for sums expended pursuant 
to the provisions of 23 U.S.C. 308, $19,200,000,000 or so much thereof 
as may be available in and derived from the Highway Trust Fund, to 
remain available until expended.

                       Right-of-Way Revolving Fund

                      (limitation on direct loans)

                          (highway trust fund)

    None of the funds under this head are available for obligations for 
right-of-way acquisition during fiscal year 1996.

[[Page 109 STAT. 444]]

                       Motor Carrier Safety Grants

                 (liquidation of contract authorization)

                          (highway trust fund)

    For payment of obligations incurred in carrying out 49 U.S.C. 31102, 
$68,000,000, to be derived from the Highway Trust Fund and to remain 
available until expended: Provided, That none of the funds in this Act 
shall be available for the implementation or execution of programs the 
obligations for which are in excess of $77,225,000 for ``Motor Carrier 
Safety Grants''.

             NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

                         Operations and Research

    For expenses necessary to discharge the functions of the Secretary 
with respect to traffic and highway safety under part C of subtitle VI 
of title 49, United States Code, and chapter 301 of title 49, United 
States Code, $73,316,570, of which $37,825,850 shall remain available 
until September 30, 1998: Provided, That none of the funds appropriated 
by this Act may be obligated or expended to plan, finalize, or implement 
any rulemaking to add to section 575.104 of title 49 of the Code of 
Federal Regulations any requirement pertaining to a grading standard 
that is different from the three grading standards (treadwear, traction, 
and temperature resistance) already in effect.

                         Operations and Research

                          (highway trust fund)

    For expenses necessary to discharge the functions of the Secretary 
with respect to traffic and highway safety under 23 U.S.C. 403 and 
section 2006 of the Intermodal Surface Transportation Efficiency Act of 
1991 (Public Law 102-240), to be derived from the Highway Trust Fund, 
$51,884,430, of which $32,247,000 shall remain available until September 
30, 1998.

                      Highway Traffic Safety Grants

                 (liquidation of contract authorization)

                          (highway trust fund)

    For payment of obligations incurred carrying out the provisions of 
23 U.S.C. 153, 402, 408, and 410, chapter 303 of title 49, United States 
Code, and section 209 of Public Law 95-599, as amended, to remain 
available until expended, $155,100,000, to be derived from the Highway 
Trust Fund: Provided, That, notwithstanding subsection 2009(b) of the 
Intermodal Surface Transportation Efficiency Act of 1991, none of the 
funds in this Act shall be available for the planning or execution of 
programs the total obligations for which, in fiscal year 1996, are in 
excess of $155,100,000 for programs authorized under 23 U.S.C. 402 and 
410, as amended, of which $127,700,000 shall be for ``State and 
community highway safety grants'', $2,400,000 shall be for the 
``National Driver Register'' subject to authorization, and $25,000,000 
shall be for section 410

[[Page 109 STAT. 445]]

``Alcohol-impaired driving counter-measures programs'': Provided 
further, That none of these funds shall be used for construction, 
rehabilitation or remodeling costs, or for office furnishings and 
fixtures for State, local, or private buildings or structures: Provided 
further, That not to exceed $5,211,000 of the funds made available for 
section 402 may be available for administering ``State and community 
highway safety grants'': Provided further, That not to exceed $500,000 
of the funds made available for section 410 ``Alcohol-impaired driving 
counter-measures programs'' shall be available for technical assistance 
to the States: Provided further, That not to exceed $890,000 of the 
funds made available for the ``National Driver Register'' may be 
available for administrative expenses.

                     FEDERAL RAILROAD ADMINISTRATION

                       Office of the Administrator

    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $14,018,000, of which $1,508,000 shall remain 
available until expended: Provided, That none of the funds in this Act 
shall be available for the planning or execution of a program making 
commitments to guarantee new loans under the Emergency Rail Services Act 
of 1970, as amended, and no new commitments to guarantee loans under 
section 211(a) or 211(h) of the Regional Rail Reorganization Act of 
1973, as amended, shall be made: Provided further, <<NOTE: 40 USC 817 
note.>>  That, as part of the Washington Union Station transaction in 
which the Secretary assumed the first deed of trust on the property and, 
where the Union Station Redevelopment Corporation or any successor is 
obligated to make payments on such deed of trust on the Secretary's 
behalf, including payments on and after September 30, 1988, the 
Secretary is authorized to receive such payments directly from the Union 
Station Redevelopment Corporation, credit them to the appropriation 
charged for the first deed of trust, and make payments on the first deed 
of trust with those funds: Provided further, That such additional sums 
as may be necessary for payment on the first deed of trust may be 
advanced by the Administrator from unobligated balances available to the 
Federal Railroad Administration, to be reimbursed from payments received 
from the Union Station Redevelopment Corporation.

                             Railroad Safety

    For necessary expenses in connection with railroad safety, not 
otherwise provided for, $49,919,000, of which $2,687,000 shall remain 
available until expended.

                    Railroad Research and Development

    For necessary expenses for railroad research and development, 
$24,550,000, to remain available until expended.

                 Northeast Corridor Improvement Program

    For necessary expenses related to Northeast Corridor improvements 
authorized by title VII of the Railroad Revitalization and Regulatory 
Reform Act of 1976, as amended (45 U.S.C. 851 et

[[Page 109 STAT. 446]]

seq.) and 49 U.S.C. 24909, $115,000,000, to remain available until 
September 30, 1998.

             Railroad Rehabilitation and Improvement Program

    The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to section 
512 of the Railroad Revitalization and Regulatory Reform Act of 1976 
(Public Law 94-210), as amended, in such amounts and at such times as 
may be necessary to pay any amounts required pursuant to the guarantee 
of the principal amount of obligations under sections 511 through 513 of 
such Act, such authority to exist as long as any such guaranteed 
obligation is outstanding: Provided, That no new loan guarantee 
commitments shall be made during fiscal year 1996.

           National Magnetic Levitation Prototype Development

                       (limitation on obligations)

                          (highway trust fund)

    None of the funds in this Act shall be available for the planning or 
execution of the National Magnetic Levitation Prototype Development 
program as defined in subsections 1036(b) and 1036(d)(1)(A) of the 
Intermodal Surface Transportation Efficiency Act of 1991.

                     Next Generation High Speed Rail

    For necessary expenses for Next Generation High Speed Rail studies, 
corridor planning, development, demonstration, and implementation, 
$19,205,000, to remain available until expended: Provided, That funds 
under this head may be made available for grants to States for high 
speed rail corridor design, feasibility studies, environmental analyses 
and track and signal improvements.

           Trust Fund Share of Next Generation High Speed Rail

                 (liquidation of contract authorization)

                          (highway trust fund)

    For grants and payment of obligations incurred in carrying out the 
provisions of the High Speed Ground Transportation program as defined in 
subsections 1036(c) and 1036(d)(1)(B) of the Intermodal Surface 
Transportation Efficiency Act of 1991, including planning and 
environmental analyses, $7,118,000, to be derived from the Highway Trust 
Fund and to remain available until expended: Provided, That none of the 
funds in this Act shall be available for the implementation or execution 
of programs the obligations for which are in excess of $5,000,000.

                     Alaska Railroad Rehabilitation

    To enable the Secretary of Transportation to make grants to the 
Alaska Railroad, $10,000,000 shall be for capital rehabilitation and 
improvements benefiting its passenger operations.

[[Page 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: <<NOTE: Contracts.>>  Provided, That as a condition of 
accepting such funds, the Providence and Worcester (P&W) Railroad shall 
enter into an agreement with the Secretary to reimburse Amtrak and/or 
the Federal Railroad Administration, on a dollar for dollar basis, up to 
the first $6,000,000 in damages resulting from the legal action 
initiated by the P&W Railroad under its existing contracts with Amtrak 
relating to the provision of vertical clearances between Davisville and 
Central Falls in excess of those required for present freight 
operations.

          Grants to the National Railroad Passenger Corporation

                      (including transfer of funds)

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation authorized by 49 U.S.C. 24104, 
$635,000,000, to remain available until expended, of which $305,000,000 
shall be available for operating losses and for mandatory passenger rail 
service payments, $100,000,000 shall be for transition costs incurred by 
the Corporation, and $230,000,000 shall be for capital improvements: 
Provided, That up to $15,000,000 of the amount made available under this 
head for capital improvements may, at the discretion of the Corporation, 
be transferred to the Northeast Corridor Improvement Program: Provided 
further, That funding under this head for capital improvements shall not 
be made available before July 1, 1996: Provided further, That none of 
the funds herein appropriated shall be used for lease or purchase of 
passenger motor vehicles or for the hire of vehicle operators for any 
officer or employee, other than the president of the Corporation, 
excluding the lease of passenger motor vehicles for those officers or 
employees while in official travel status.

                     FEDERAL TRANSIT ADMINISTRATION

                         Administrative Expenses

    For necessary administrative expenses of the Federal Transit 
Administration's programs authorized by chapter 53 of title 49, United 
States Code, $42,000,000.

                             Formula Grants

    For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2), 
5311, and 5336, to remain available until expended, $942,925,000: 
Provided, That no more than $2,052,925,000 of budget authority shall be 
available for these purposes: Provided further, That of the funds 
provided under this head for formula grants, no more than $400,000,000 
may be used for operating assistance under 49 U.S.C. 5336(d): Provided 
further, That the limitation on operating assistance provided under this 
heading shall, for urbanized areas of less than 200,000 in population, 
be no less than seventy-

[[Page 109 STAT. 448]]

five percent of the amount of operating assistance such areas are 
eligible to receive under Public Law 103-331: <<NOTE: Urban and rural 
areas.>>  Provided further, That in the distribution of the limitation 
provided under this heading to urbanized areas that had a population 
under the 1990 census of 1,000,000 or more, the Secretary shall direct 
each such area to give priority consideration to the impact of 
reductions in operating assistance on smaller transit authorities 
operating within the area and to consider the needs and resources of 
such transit authorities when the limitation is distributed among all 
transit authorities operating in the area.

                    University Transportation Centers

    For necessary expenses for university transportation centers as 
authorized by 49 U.S.C. 5317(b), to remain available until expended, 
$6,000,000.

                      Transit Planning and Research

    For necessary expenses for transit planning and research as 
authorized by 49 U.S.C. 5303, 5311, 5313, 5314, and 5315, to remain 
available until expended, $85,500,000 of which $39,500,000 shall be for 
activities under 49 U.S.C. 5303, $4,500,000 for activities under 49 
U.S.C. 5311(b)(2), $8,250,000 for activities under 49 U.S.C. 5313(b), 
$22,000,000 for activities under 49 U.S.C. 5314, $8,250,000 for 
activities under 49 U.S.C. 5313(a), and $3,000,000 for activities under 
49 U.S.C. 5315.

                      Trust Fund Share of Expenses

                 (liquidation of contract authorization)

                          (highway trust fund)

    For payment of obligations incurred in carrying out 49 U.S.C. 
5338(a), $1,120,850,000, to remain available until expended and to be 
derived from the Highway Trust Fund: Provided, That $1,120,850,000 shall 
be paid from the Mass Transit Account of the Highway Trust Fund to the 
Federal Transit Administration's formula grants account.

                          Discretionary Grants

                       (limitation on obligations)

                          (highway trust fund)

    None of the funds in this Act shall be available for the 
implementation or execution of programs the obligations for which are in 
excess of $1,665,000,000 in fiscal year 1996 for grants under the 
contract authority in 49 U.S.C. 5338(b): Provided, That there shall be 
available for fixed guideway modernization, $666,000,000; there shall be 
available for the replacement, rehabilitation, and purchase of buses and 
related equipment and the construction of bus-related facilities, 
$333,000,000; and, notwithstanding any other provision of law, except 
for fixed guideway modernization projects, $21,631,250 made available 
under Public Law 102-388 under ``Federal Transit Administration, 
Discretionary Grants'' for projects specified in that Act or identified 
in reports accompanying

[[Page 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 commuter 
        rail project.

                        Mass Transit Capital Fund

                 (liquidation of contract authorization)

                          (highway trust fund)

    For payment of obligations incurred in carrying out 49 U.S.C. 
5338(b) administered by the Federal Transit Administration,

[[Page 109 STAT. 450]]

$2,000,000,000 to be derived from the Highway Trust Fund and to remain 
available until expended.

             Washington Metropolitan Area Transit Authority

    For necessary expenses to carry out the provisions of section 14 of 
Public Law 96-184 and Public Law 101-551, $200,000,000, to remain 
available until expended.

              SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

    The Saint Lawrence Seaway Development Corporation is hereby 
authorized to make such expenditures, within the limits of funds and 
borrowing authority available to the Corporation, and in accord with 
law, and to make such contracts and commitments without regard to fiscal 
year limitations as provided by section 104 of the Government 
Corporation Control Act, as
amended, as may be necessary in carrying out the programs set forth in 
the Corporation's budget for the current fiscal year.

                       Operations and Maintenance

                     (harbor maintenance trust fund)

    For necessary expenses for operation and maintenance of those 
portions of the Saint Lawrence Seaway operated and maintained by the 
Saint Lawrence Seaway Development Corporation, $10,150,000, to be 
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 
99-662.

              RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

                      Research and Special Programs

    For expenses necessary to discharge the functions of the Research 
and Special Programs Administration, $23,937,000, of which $574,000 
shall be derived from the Pipeline Safety Fund, and of which $7,606,000 
shall remain available until September 30, 1998: Provided, That up to 
$1,000,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited 
in the general fund of the Treasury as offsetting receipts: Provided 
further, That there may be credited to this appropriation funds received 
from States, counties, municipalities, other public authorities, and 
private sources for expenses incurred for training, for reports 
publication and dissemination.

                             Pipeline Safety

                         (pipeline safety fund)

    For expenses necessary to conduct the functions of the pipeline 
safety program for grants-in-aid to carry out a pipeline safety program, 
as authorized by 49 U.S.C. 60107 and the Hazardous Liquid Pipeline 
Safety Act of 1979, as amended, and to discharge the pipeline program 
responsibilities of the Oil Pollution Act of 1990, $31,448,000, of which 
$2,698,000 shall be derived from the Oil Spill Liability Trust Fund and 
shall remain available until September 30, 1998; and of which 
$28,750,000 shall be derived from the Pipeline Safety Fund, of which 
$19,423,000 shall remain

[[Page 109 STAT. 451]]

available until September 30, 1998: Provided, That from amounts made 
available herein from the Pipeline Safety Fund, not to exceed $1,000,000 
shall be available for grants to States for the development and 
establishment of one-call notification systems.

                      Emergency Preparedness Grants

                      (emergency preparedness fund)

    For necessary expenses to carry out 49 U.S.C. 5127(c), $400,000 to 
be derived from the Emergency Preparedness Fund, to remain available 
until September 30, 1998: Provided, That not more than $8,890,000 shall 
be made available for obligation in fiscal year 1996 from amounts made 
available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That no 
such funds shall be made available for obligation by individuals other 
than the Secretary of Transportation, or his designees.

                       OFFICE OF INSPECTOR GENERAL

                          Salaries and Expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$40,238,000.

                   BUREAU OF TRANSPORTATION STATISTICS

    For expenses necessary to conduct activities related to airline 
statistics, $2,200,000, of which $272,000 shall remain available until 
expended.

                                TITLE II

                            RELATED AGENCIES

       ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

                          Salaries and Expenses

    For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended, $3,500,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for publications and training 
expenses.

                  NATIONAL TRANSPORTATION SAFETY BOARD

                          Salaries and Expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-18; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902), 
$38,774,000, of which not to exceed $1,000 may be used for official 
reception and representation expenses.

[[Page 109 STAT. 452]]

                             Emergency Fund

    For necessary expenses of the National Transportation Safety Board 
for accident investigations, including hire of passenger motor vehicles 
and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the per diem rate equivalent to the rate for a 
GS-18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 
5901-5902), $360,802 to remain available until expended.

                     INTERSTATE COMMERCE COMMISSION

                          Salaries and Expenses

    For necessary expenses of the Interstate Commerce Commission, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343(b), $13,379,000, of which 
$4,984,000 shall be for severance and closing costs: Provided, That of 
the fees collected in fiscal year 1996 by the Interstate Commerce 
Commission pursuant to 31 U.S.C. 9701, one-twelfth of $8,300,000 of 
those fees collected shall be made available for each month the 
Commission remains in existence during fiscal year 1996.

                   Payments for Directed Rail Service

                       (limitation on obligations)

    None of the funds provided in this Act shall be available for the 
execution of programs the obligations for which can reasonably be 
expected to exceed $475,000 for directed rail service authorized under 
49 U.S.C. 11125 or any other Act.

                         PANAMA CANAL COMMISSION

                       Panama Canal Revolving Fund

    For administrative expenses of the Panama Canal Commission, 
including not to exceed $11,000 for official reception and 
representation expenses of the Board; not to exceed $5,000 for official 
reception and representation expenses of the Secretary; and not to 
exceed $30,000 for official reception and representation expenses of the 
Administrator, $50,741,000, to be derived from the Panama Canal 
Revolving Fund: Provided, That funds available to the Panama Canal 
Commission shall be available for the purchase of not to exceed 38 
passenger motor vehicles for replacement only (including large heavy-
duty vehicles used to transport Commission personnel across the Isthmus 
of Panama), the purchase price of which shall not exceed $19,500 per 
vehicle.

                                TITLE III

                           GENERAL PROVISIONS

                     (including transfers of funds)

    Sec. 301. During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for maintenance 
and operation of aircraft; hire of passenger motor

[[Page 109 STAT. 453]]

vehicles and aircraft; purchase of liability insurance for motor 
vehicles operating in foreign countries on official department business; 
and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 
5901-5902).
    Sec. 302. Funds for the Panama Canal Commission may be apportioned 
notwithstanding 31 U.S.C. 1341 to the extent necessary to permit payment 
of such pay increases for officers or employees as may be authorized by 
administrative action pursuant to law that are not in excess of 
statutory increases granted for the same period in corresponding rates 
of compensation for other employees of the Government in comparable 
positions.
    Sec. 303. <<NOTE: 49 USC 106 note.>>  Funds appropriated under this 
Act for expenditures by the Federal Aviation Administration shall be 
available (1) except as otherwise authorized by title VIII of the 
Elementary and Secondary Education Act of 1965, 20 U.S.C. 7701, et seq., 
for expenses of primary and secondary schooling for dependents of 
Federal Aviation Administration personnel stationed outside the 
continental United States at costs for any given area not in excess of 
those of the Department of Defense for the same area, when it is 
determined by the Secretary that the schools, if any, available in the 
locality are unable to provide adequately for the education of such 
dependents, and (2) for transportation of said dependents between 
schools serving the area that they attend and their places of residence 
when the Secretary, under such regulations as may be prescribed, 
determines that such schools are not accessible by public means of 
transportation on a regular basis.

    Sec. 304. Appropriations contained in this Act for the Department of 
Transportation shall be available for services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for an Executive Level IV.
    Sec. 305. None of the funds for the Panama Canal Commission may be 
expended unless in conformance with the Panama Canal Treaties of 1977 
and any law implementing those treaties.
    Sec. 306. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 307. None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 308. The Secretary of Transportation may enter into grants, 
cooperative agreements, and other transactions with any person, agency, 
or instrumentality of the United States, any unit of State or local 
government, any educational institution, and any other entity in 
execution of the Technology Reinvestment Project authorized under the 
Defense Conversion, Reinvestment and Transition Assistance Act of 1992 
and related legislation: Provided, That the authority provided in this 
section may be exercised without regard to section 3324 of title 31, 
United States Code.
    Sec. 309. <<NOTE: Contracts. Public information.>>  The expenditure 
of any appropriation under this Act for any consulting service through 
procurement contract pursuant to section 3109 of title 5, United States 
Code, shall be limited to those contracts where such expenditures are a 
matter of public record and available for public inspection, except 
where otherwise provided under existing law, or under existing Executive 
order issued pursuant to existing law.

[[Page 109 STAT. 454]]

    Sec. 310. <<NOTE: 23 USC 104 note.>>  (a) For fiscal year 1996 the 
Secretary of Transportation shall distribute the obligation limitation 
for Federal-aid highways by allocation in the ratio which sums 
authorized to be appropriated for Federal-aid highways that are 
apportioned or allocated to each State for such fiscal year bear to the 
total of the sums authorized to be appropriated for Federal-aid highways 
that are apportioned or allocated to all the States for such fiscal 
year.

    (b) During the period October 1 through December 31, 1995, no State 
shall obligate more than 25 per centum of the amount distributed to such 
State under subsection (a), and the total of all State obligations 
during such period shall not exceed 12 per centum of the total amount 
distributed to all States under such subsection.
    (c) Notwithstanding subsections (a) and (b), the Secretary shall--
            (1) provide all States with authority sufficient to prevent 
        lapses of sums authorized to be appropriated for Federal-aid 
        highways that have been apportioned to a State;
            (2) after August 1, 1996, revise a distribution of the funds 
        made available under subsection (a) if a State will not obligate 
        the amount distributed during that fiscal year and redistribute 
        sufficient amounts to those States able to obligate amounts in 
        addition to those previously distributed during that fiscal year 
        giving priority to those States having large unobligated 
        balances of funds apportioned under sections 103(e)(4), 104, and 
        144 of title 23, United States Code, and under sections 1013(c) 
        and 1015 of Public Law 102-240; and
            (3) not distribute amounts authorized for administrative 
        expenses and funded from the administrative takedown authorized 
        by section 104(a), title 23 U.S.C., the Federal lands highway 
        program, the intelligent transportation systems program, and 
        amounts made available under sections 1040, 1047, 1064, 6001, 
        6005, 6006, 6023, and 6024 of Public Law 102-240, and 49 U.S.C. 
        5316, 5317, and 5338: Provided, That amounts made available 
        under section 6005 of Public Law 102-240 shall be subject to the 
        obligation limitation for Federal-aid highways and highway 
        safety construction programs under the head ``Federal-Aid 
        Highways'' in this Act.

    (d) During the period October 1 through December 31, 1995, the 
aggregate amount of obligations under section 157 of title 23, United 
States Code, for projects covered under section 147 of the Surface 
Transportation Assistance Act of 1978, section 9 of the Federal-Aid 
Highway Act of 1981, sections 131(b), 131(j), and 404 of Public Law 97-
424, sections 1061, 1103 through 1108, 4008, and 6023(b)(8) and 
6023(b)(10) of Public Law 102-240, and for projects authorized by Public 
Law 99-500 and Public Law 100-17, shall not exceed $277,431,840.
    (e) During the period August 2 through September 30, 1996, the 
aggregate amount which may be obligated by all States shall not exceed 
2.5 percent of the aggregate amount of funds apportioned or allocated to 
all States--
            (1) under sections 104 and 144 of title 23, United States 
        Code, and 1013(c) and 1015 of Public Law 102-240, and
            (2) for highway assistance projects under section 103(e)(4) 
        of title 23, United States Code,

[[Page 109 STAT. 455]]

which would not be obligated in fiscal year 1996 if the total amount of 
the obligation limitation provided for such fiscal year in this Act were 
utilized.
    (f) Paragraph (e) shall not apply to any State which on or after 
August 1, 1996, has the amount distributed to such State under paragraph 
(a) for fiscal year 1996 reduced under paragraph (c)(2).
    Sec. 311. None of the funds in this Act shall be available for 
salaries and expenses of more than one hundred political and 
Presidential appointees in the Department of Transportation: Provided, 
That none of the personnel covered by this provision may be assigned on 
temporary detail outside the Department of Transportation.
    Sec. 312. <<NOTE: 49 USC 5338 note.>>  The limitation on obligations 
for the programs of the Federal Transit Administration shall not apply 
to any authority under 49 U.S.C. 5338, previously made available for 
obligation, or to any other authority previously made available for 
obligation under the discretionary grants program.

    Sec. 313. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.
    Sec. 314. Such sums as may be necessary for fiscal year 1996 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 315. Funds received by the Research and Special Programs 
Administration from States, counties, municipalities, other public 
authorities, and private sources for expenses incurred for training and 
for reports' publication and dissemination may be credited to the 
Research and Special Programs account.
    Sec. 316. None of the funds in this Act shall be available to plan, 
finalize, or implement regulations that would establish a vessel traffic 
safety fairway less than five miles wide between the Santa Barbara 
Traffic Separation Scheme and the San Francisco Traffic Separation 
Scheme.
    Sec. 317. <<NOTE: 49 USC 44502 note.>>  Notwithstanding any other 
provision of law, airports may transfer, without consideration, to the 
Federal Aviation Administration (FAA) instrument landing systems (along 
with associated approach lighting equipment and runway visual range 
equipment) which conform to FAA design and performance specifications, 
the purchase of which was assisted by a Federal airport aid program, 
airport development aid program or airport improvement program grant. 
The FAA shall accept such equipment, which shall thereafter be operated 
and maintained by the FAA in accordance with agency criteria.

    Sec. 318. None of the funds in this Act shall be available to award 
a multiyear contract for production end items that (1) includes economic 
order quantity or long lead time material procurement in excess of 
$10,000,000 in any one year of the contract or (2) includes a 
cancellation charge greater than $10,000,000 which at the time of 
obligation has not been appropriated to the limits of the government's 
liability or (3) includes a requirement that permits performance under 
the contract during the second and subsequent years of the contract 
without conditioning such performance upon the appropriation of funds: 
Provided, That this limitation does not apply to a contract in which the 
Federal Government incurs no financial liability from not buying 
additional systems, subsystems, or components beyond the basic contract 
requirements.

[[Page 109 STAT. 456]]

    Sec. 319. None of the funds provided in this Act shall be made 
available for planning and executing a passenger manifest program by the 
Department of Transportation that only applies to United States flag 
carriers.
    Sec. 320. None of the funds made available in this Act may be used 
to implement, administer, or enforce the provisions of section 1038(d) 
of Public Law 102-240.
    Sec. 321. Notwithstanding any other provision of law, and except for 
fixed guideway modernization projects, funds made available by this Act 
under ``Federal Transit Administration, Discretionary grants'' for 
projects specified in this Act or identified in reports accompanying 
this Act not obligated by September 30, 1998, shall be made available 
for other projects under 49 U.S.C. 5309.
    Sec. 322. Notwithstanding any other provision of law, any funds 
appropriated before October 1, 1993, under any section of chapter 53 of 
title 49 U.S.C., that remain available for expenditure may be 
transferred to and administered under the most recent appropriation 
heading for any such section.
    Sec. 323. None of the funds in this Act shall be available to 
implement or enforce regulations that would result in the withdrawal of 
a slot from an air carrier at O'Hare International Airport under section 
93.223 of title 14 of the Code of Federal Regulations in excess of the 
total slots withdrawn from that air carrier as of October 31, 1993 if 
such additional slot is to be allocated to an air carrier or foreign air 
carrier under section 93.217 of title 14 of the Code of Federal 
Regulations.
    Sec. 324. None of the funds made available by this Act may be 
obligated or expended to design, construct, erect, modify or otherwise 
place any sign in any State relating to any speed limit, distance, or 
other measurement on any highway if such sign establishes such speed 
limit, distance, or other measurement using the metric system.
    Sec. 325. <<NOTE: New York.>>  Notwithstanding any other provisions 
of law, tolls collected for motor vehicles on any bridge connecting the 
boroughs of Brooklyn, New York, and Staten Island, New York, shall 
continue to be collected for only those vehicles exiting from such 
bridge in Staten Island.

    Sec. 326. None of the funds in this Act may be used to compensate in 
excess of 335 technical staff years under the federally-funded  research 
 and  development  center  contract  between  the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 1996.
    Sec. 327. Funds provided in this Act for the Department of 
Transportation working capital fund (WCF) shall be reduced by 
$7,500,000, which limits fiscal year 1996 WCF obligational authority for 
elements of the Department of Transportation funded in this Act to no 
more than $95,649,000: Provided, That such reductions from the budget 
request shall be allocated by the Department of Transportation to each 
appropriations account in proportion to the amount included in each 
account for the working capital fund.
    Sec. 328. Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training may be credited respectively 
to the Federal Highway Administration's ``Limitation on General 
Operating Expenses'' account, the Federal Transit Administration's 
``Transit Planning and Research''

[[Page 109 STAT. 457]]

account, and to the Federal Railroad Administration's ``Railroad 
Safety'' account, except for State rail safety inspectors participating 
in training pursuant to 49 U.S.C. 20105.
    Sec. 329. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.

    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    Sec. 330. None of the funds in this Act shall be available to 
prepare, propose, or promulgate any regulations pursuant to title V of 
the Motor Vehicle Information and Cost Savings Act (49 U.S.C. 32901, et 
seq.) prescribing corporate average fuel economy standards for 
automobiles, as defined in such title, in any model year that differs 
from standards promulgated for such automobiles prior to enactment of 
this section.
    Sec. 331. Notwithstanding 15 U.S.C. 631 et seq. and 10 U.S.C. 2301 
et seq. as amended, the United States Coast Guard acquisition of 47-foot 
Motor Life Boats for fiscal years 1995 through 2000 shall be subject to 
full and open competition for all U.S. shipyards. Accordingly, the 
Federal Acquisition Regulations (FAR) (including but not limited to FAR 
Part 19), shall not apply to the extent they are inconsistent with a 
full and open competition.
    Sec. 332. None of the funds in this Act may be used for planning, 
engineering, design, or construction of a sixth runway at the new Denver 
International Airport, Denver, Colorado: Provided, That this provision 
shall not apply in any case where the Administrator of the Federal 
Aviation Administration determines, in writing, that safety conditions 
warrant obligation of such funds.
    Sec. 333. (a) Section 5302(a)(1) of title 49, United States Code, is 
amended by striking--
            (1) in subparagraph (B), ``that extends the economic life of 
        the bus for at least 5 years''; and
            (2) in subparagraph (C), ``that extends the economic life of 
        the bus for at least 8 years''.

    (b) <<NOTE: Effective date. 49 USC 5302 note.>>  The amendments made 
by this section shall not take effect before March 31, 1996.

    Sec. 334. Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to the provisions of section 6006 
of the Intermodal Surface Transportation Efficiency Act of 1991, may be 
credited to the Federal-aid highways account for the purpose of 
reimbursing the Bureau for such expenses: Provided, That such funds 
shall not be subject to the obligation limitation for Federal-aid 
highways and highway safety construction.
    Sec. 335. Of the budgetary resources provided to the Department of 
Transportation (excluding the Maritime Administration) during fiscal 
year 1996, $25,000,000 are permanently canceled: Provided, That the 
Secretary of Transportation shall reduce the existing field office 
structure, and to the extent practicable collocate and consolidate the 
Department's surface transportation field offices and administrative 
activities: Provided further, That the Secretary may for the purpose of 
consolidation of offices and facilities other than those at 
Headquarters, after notification to and approval of

[[Page 109 STAT. 458]]

the House and Senate Committees on Appropriations, transfer the funds 
made available by this Act for civilian and military personnel 
compensation and benefits and other administrative expenses to other 
appropriations made available to the Department of Transportation as the 
Secretary may designate, to be merged with and to be available for the 
same purposes and for the same time period as the appropriations of 
funds to which transferred: Provided further, That no appropriation 
shall be increased or decreased by more than ten per centum by all such 
transfers: Provided further, That, <<NOTE: 5 USC 905 note.>>  
notwithstanding 5 U.S.C. 905(b), the President may prepare and transmit 
to Congress not later than the date for transmittal to Congress of the 
Budget Request for Fiscal Year 1997, a reorganization plan pursuant to 
chapter 9 of title 5, United States Code, for the reorganization of the 
surface transportation activities of the Department of Transportation 
and the relationship of the Saint Lawrence Seaway Development 
Corporation to the Department.

    Sec. 336. The Secretary of Transportation is authorized to transfer 
funds appropriated in this Act to ``Rental payments'' for any expense 
authorized by that appropriation in excess of the amounts provided in 
this Act: Provided, That prior to any such transfer, notification shall 
be provided to the House and Senate Committees on Appropriations.
    Sec. 337. None of the funds in this Act may be obligated or expended 
for employee training which: (a) does not meet identified needs for 
knowledge, skills and abilities bearing directly upon the performance of 
official duties; (b) contains elements likely to induce high levels of 
emotional response or psychological stress in some participants; (c) 
does not require prior employee notification of the content and methods 
to be used in the training and written end of course evaluations; (d) 
contains any methods or content associated with religious or quasi-
religious belief systems or ``new age'' belief systems as defined in 
Equal Employment Opportunity Commission Notice N-915.022, dated 
September 2, 1988; (e) is offensive to, or designed to change, 
participants' personal values or lifestyle outside the workplace; or (f) 
includes content related to human immunodeficiency virus/acquired immune 
deficiency syndrome (HIV/AIDS) other than that necessary to make 
employees more aware of the medical ramifications of HIV/AIDS and the 
workplace rights of HIV-positive employees.
    Sec. 338. None of the funds in this Act may be used to enforce the 
requirement that airport charges make the airport as 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: Provided further, That the Federal Aviation Administration does 
not find that any use of, or structures on, Kimery Park and Family Park 
are incompatible with the safe and efficient use of the airport.
    Sec. 339. None of the funds in this Act shall, in the absence of 
express authorization by Congress, be used directly or indirectly to pay 
for any personal service, advertisement, telegram, telephone, letter, 
printed or written matter, or other device, intended or designed to 
influence in any manner a Member of Congress, to

[[Page 109 STAT. 459]]

favor or oppose, by vote or otherwise, any legislation or appropriation 
by Congress, whether before or after the introduction of any bill or 
resolution proposing such legislation or appropriation: Provided, That 
this shall not prevent officers or employees of the Department of 
Transportation or related agencies funded in this Act from communicating 
to Members of Congress on the request of any Member or to Congress, 
through the proper official channels, requests for legislation or 
appropriations which they deem necessary for the efficient conduct of 
the public business.
    Sec. 340. None of the funds in this Act shall be available to pay 
the salaries and expenses of any individual to arrange tours of 
scientists or engineers employed by or working for the People's Republic 
of China, to hire citizens of the People's Republic of China to 
participate in research fellowships sponsored by the modal 
administrations of the Department of Transportation, or to provide 
training or any form of technology transfer to scientists or engineers 
employed by or working for the People's Republic of China: Provided, 
That this provision shall not apply to the Federal Aviation 
Administration or the joint Federal Aviation Administration, Department 
of Defense and Department of Commerce initiative designed to modernize 
the air traffic control system of the People's Republic of China.
    Sec. 341. None of the funds in this Act may be used to support 
Federal Transit Administration's field operations and oversight of the 
Washington Metropolitan Area Transit Authority in any location other 
than from the Washington, D.C. metropolitan area.

    Sec. 342. In addition to the sums made available to the Department 
of Transportation, $8,421,000 shall be available on the effective date 
of legislation transferring certain rail and motor carrier functions 
from the Interstate Commerce Commission to the Department of 
Transportation: Provided, That such amount shall be available only to 
the extent authorized by law: Provided further, That of the fees 
collected pursuant to 31 U.S.C. 9701 in fiscal year 1996 by the 
successors of the Interstate Commerce Commission, one-twelfth of 
$8,300,000 of those fees shall be made available for each month during 
fiscal year 1996 that the successors of the Interstate Commerce 
Commission carry out the transferred rail and motor carrier functions.
    Sec. 343. None of the funds made available in this Act may be used 
for improvements to the Miller Highway in New York City, New York.
    Sec. 344. Improvements identified as highest priority by section 
1069(t) of Public Law 102-240 and funded pursuant to section 118(c)(2) 
of title 23, United States Code, shall not be treated as an allocation 
for Interstate maintenance for such fiscal year under section 157(a)(4) 
of title 23, United States Code, and sections 1013(c), 1015(a)(1), and 
1015(b)(1) of Public Law 102-240: Provided, That any discretionary grant 
made pursuant to Public Law 99-663 shall not be subject to section 1015 
of Public Law 102-240.
    Sec. 345. <<NOTE: Research. Telecommuting. Public 
information. Reports.>>  The Secretary, in consultation with the 
Secretary of Labor and the Administrator of the Environmental Protection 
Agency shall, within three months of the date of enactment of this Act, 
carry out research to identify successful telecommuting programs in the 
public and private sectors and provide for the dissemination to the 
public of information regarding the establishment of successful 
telecommuting programs and the benefits and costs of telecommuting. 
Within one year of the date of enactment

[[Page 109 STAT. 460]]

of this Act, the Secretary shall report to Congress its findings, 
conclusions, and recommendations regarding telecommuting developed under 
this section.

Reports.

    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. <<NOTE: 49 USC 106 note.>>  (a) In consultation with the 
employees of the Federal Aviation Administration and such non-
governmental experts in personnel management systems as he may employ, 
and notwithstanding the provisions of title 5, United States Code, and 
other Federal personnel laws, the Administrator of the Federal Aviation 
Administration shall develop and implement, not later than January 1, 
1996, a personnel management system for the Federal Aviation 
Administration that addresses the unique demands on the agency's 
workforce. Such a new system shall, at a minimum, provide for greater 
flexibility in the hiring, training, compensation, and location of 
personnel.

    (b) The provisions of title 5, United States Code, shall not apply 
to the new personnel management system developed and implemented 
pursuant to subsection (a), with the exception of--
            (1) section 2302(b), relating to whistleblower protection;
            (2) sections 3308-3320, relating to veterans' preference;
            (3) section 7116(b)(7), relating to limitations on the right 
        to strike;
            (4) section 7204, relating to antidiscrimination;
            (5) chapter 73, relating to suitability, security, and 
        conduct;
            (6) chapter 81, relating to compensation for work injury; 
        and
            (7) chapters 83-85, 87, and 89, relating to retirement, 
        unemployment compensation, and insurance coverage.

    (c) This section shall take effect on April 1, 1996.
    Sec. 348. <<NOTE: 49 USC 40110 note.>>  (a) In consultation with 
such non-governmental experts in acquisition management systems as he 
may employ, and notwithstanding provisions of Federal acquisition law, 
the Administrator of the Federal Aviation Administration shall develop 
and implement, not later than January 1, 1996, an acquisition management 
system for the Federal Aviation Administration that addresses the unique 
needs of the agency and, at a minimum, provides for more timely and 
cost-effective acquisitions of equipment and materials.

    (b) The following provisions of Federal acquisition law shall not 
apply to the new acquisition management system developed and implemented 
pursuant to subsection (a):
            (1) Title III of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 252-266).
            (2) The Office of Federal Procurement Policy Act (41 U.S.C. 
        401 et seq.).
            (3) The Federal Acquisition Streamlining Act of 1994 (Public 
        Law 103-355).
            (4) <<NOTE: Contracts. Small business.>>  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.

[[Page 109 STAT. 461]]

            (6) Subchapter V of chapter 35 of title 31, relating to the 
        procurement protest system.
            (7) The Brooks Automatic Data Processing Act (40 U.S.C. 
        759).
            (8) The Federal Acquisition Regulation and any laws not 
        listed in (a) through (e) of this section providing authority to 
        promulgate regulations in the Federal Acquisition Regulation.

    (c) This section shall take effect on April 1, 
1996. <<NOTE: Effective date.>> 

    Sec. 349. Funds provided in this Act for bonuses and cash awards for 
employees of the Department of Transportation shall be reduced by 
$752,852, which limits fiscal year 1996 obligation authority to no more 
than $25,875,075: Provided, That this provision shall be applied to 
funds for Senior Executive Service bonuses, merit pay, and other bonuses 
and cash awards.
    Sec. 350. Not to exceed $850,000 of the funds provided in this Act 
for the Department of Transportation shall be available for the 
necessary expenses of advisory committees.
    Sec. 351. Notwithstanding any other provision of law, the Secretary 
may use funds appropriated under this Act, or any subsequent Act, to 
administer and implement the exemption provisions of 49 CFR 580.6 and to 
adopt or amend exemptions from the disclosure requirements of 49 CFR 
Part 580 for any class or category of vehicles that the Secretary deems 
appropriate.
    Sec. 352. (a) <<NOTE: Federal buildings and facilities. New 
Jersey.>>  The Federal Aviation Administration Technical Center located 
at the Atlantic City International Airport in Pomona, New Jersey, shall 
be known and designated as the ``William J. Hughes Technical Center''.

    (b) Any reference in a law, map, regulation, document, paper, or 
other record of the United States to the Federal Aviation Administration 
Technical Center referred to in section (a) shall be deemed to be a 
reference to the ``William J. Hughes Technical Center''.
    Sec. 353. None of the funds in this Act may be used to close any 
multi-mission small boat stations or subunits: Provided, That the 
Secretary may implement any management efficiencies within the small 
boat unit system, such as modifying the operational posture of units or 
reallocating resources as necessary to ensure the safety of the maritime 
public nationwide, provided that no stations or subunits may be closed.
    Sec. 354. Transfer of Certain Federal Property in New Jersey.--The 
first section of the Act entitled ``An Act transferring certain Federal 
property to the city of Hoboken, New Jersey'', approved September 27, 
1982 (Public Law 97-268, 96 Stat. 1140), is amended--
            (1) in subsection (a), by adding ``and'' at the end, and
            (2) by striking ``Stat. 220), and'' in subsection (b) and 
        all that follows through ``New Jersey; concurrent with'' and 
        inserting the following: ``Stat. 220);

concurrent with''.
    Sec. 355. Sense of Senate Regarding United States/Japan Aviation 
Dispute.--(a) Findings.--The Congress finds that--
            (1) the Governments of the United States and Japan entered 
        into a bilateral aviation agreement in 1952 that has been 
        modified periodically to reflect changes in the aviation 
        relationship between the two countries;

[[Page 109 STAT. 462]]

            (2) in 1994 the total revenue value of passenger and freight 
        traffic for United States air carriers between the United States 
        and Japan was approximately $6,000,000,000;
            (3) the United States/Japan bilateral aviation agreement 
        guarantees three United States carriers ``beyond rights'' that 
        authorize them to fly into Japan, take on additional passengers 
        and cargo, and then fly to another country;
            (4) the United States/Japan bilateral aviation agreement 
        requires that, within 45 days of filing a notice with the 
        Government of Japan, the Government of Japan must authorize 
        United States air carriers to serve routes guaranteed by their 
        ``beyond rights'';
            (5) United States air carriers have made substantial 
        economic investment in reliance upon the expectation their 
        rights under the United States/Japan bilateral aviation 
        agreement would be honored by the Government of Japan;
            (6) the Government of Japan has violated the United States/
        Japan bilateral aviation agreement by preventing United States 
        air carriers from serving routes clearly authorized by their 
        ``beyond rights''; and
            (7) the refusal by the Government of Japan to respect the 
        terms of the United States/Japan bilateral aviation agreement is 
        having severe repercussions on United States air carriers and, 
        in general, customers of these United States air carriers.

    (b) Action Requested.--The Congress--
            (1) calls upon the Government of Japan to honor and abide by 
        the terms of the United States/Japan bilateral aviation 
        agreement and immediately authorize United States air cargo and 
        passenger carriers which have pending route requests relating to 
        their ``beyond rights'' to immediately commence service on the 
        requested routes;
            (2) calls upon the President of the United States to 
        identify strong and appropriate forms of countermeasures that 
        could be taken against the Government of Japan for its egregious 
        violation of the United States/Japan bilateral aviation 
        agreement; and
            (3) calls upon the President of the United States to 
        promptly impose against the Government of Japan whatever 
        countermeasures are necessary and appropriate to ensure the 
        Government of Japan abides by the terms of the United States/
        Japan bilateral aviation agreement.

    Sec. 356. <<NOTE: Contracts.>>  The Secretary of Transportation is 
hereby authorized and directed to enter into an agreement modifying the 
agreement entered into pursuant to section 339 of the Department of 
Transportation and Related Agencies Appropriations Act, 1993 (Public Law 
102-388) to conform such agreement to the provisions of section 336 of 
the Department of Transportation and Related Agencies Appropriations 
Act, 1995 (Public Law 103-331). Nothing in this section changes the 
amount of the previous appropriation in section 339, and the line of 
credit provided for shall not exceed an amount supported by the previous 
appropriation. In implementing either section 339 or section 336, the 
Secretary may enter into an agreement requiring an interest rate that is 
higher than that specified therein.

    Sec. 357. Authority To Use Funds for Siding and Intermodal Facility 
in Richland County, North Dakota.--Notwith

[[Page 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 <<NOTE: National Capital Area Interest Arbitration Standards 
Act of 1995. District of Columbia.>> 

    PROVIDING FOR THE ADOPTION OF MANDATORY STANDARDS AND PROCEDURES 
    GOVERNING THE ACTIONS OF ARBITRATORS IN THE ARBITRATION OF LABOR 
 DISPUTES INVOLVING TRANSIT AGENCIES OPERATING IN THE NATIONAL CAPITAL 
                                  AREA

    Section. 401. Short Title.--This title may be cited as the 
``National Capital Area Interest Arbitration Standards Act of 1995''.
    Sec. 402. Findings and Purposes.--(a) Findings.--The Congress finds 
that--
            (1) affordable public transportation is essential to the 
        economic vitality of the national capital area and is an 
        essential component of regional efforts to improve air quality 
        to meet environmental requirements and to improve the health of 
        both residents of and visitors to the national capital area as 
        well as to preserve the beauty and dignity of the Nation's 
        capital;
            (2) use of mass transit by both residents of and visitors to 
        the national capital area is substantially affected by the 
        prices charged for such mass transit services, prices that are 
        substantially affected by labor costs, since more than \2/3\ of 
        operating costs are attributable to labor costs;
            (3) labor costs incurred in providing mass transit in the 
        national capital area have increased at an alarming rate and 
        wages and benefits of operators and mechanics currently are 
        among the highest in the Nation;
            (4) higher operating costs incurred for public transit in 
        the national capital area cannot be offset by increasing costs 
        to patrons, since this often discourages ridership and thus 
        undermines the public interest in promoting the use of public 
        transit;
            (5) spiraling labor costs cannot be offset by the 
        governmental entities that are responsible for subsidy payments 
        for public transit services since local governments generally, 
        and the District of Columbia government in particular, are 
        operating under severe fiscal constraints;
            (6) imposition of mandatory standards applicable to 
        arbitrators resolving arbitration disputes involving interstate 
        compact agencies operating in the national capital area will 
        ensure that wage increases are justified and do not exceed the 
        ability of transit patrons and taxpayers to fund the increase; 
        and
            (7) Federal legislation is necessary under Article I of 
        section 8 of the United States Constitution to balance the need 
        to moderate and lower labor costs while maintaining industrial 
        peace.

    (b) Purpose.--It is therefore the purpose of this Act to adopt 
standards governing arbitration which must be applied by arbitrators 
resolving disputes involving interstate compact agencies operat

[[Page 109 STAT. 464]]

ing in the national capital area in order to lower operating costs for 
public transportation in the Washington metropolitan area.
    Sec. 403. Definitions.--As used in this title--
            (1) the term ``arbitration'' means--
                    (A) the arbitration of disputes, regarding the terms 
                and conditions of employment, that is required under an 
                interstate compact governing an interstate compact 
                agency operating in the national capital area; and
                    (B) does not include the interpretation and 
                application of rights arising from an existing 
                collective bargaining agreement;
            (2) the term ``arbitrator'' refers to either a single 
        arbitrator, or a board of arbitrators, chosen under applicable 
        procedures;
            (3) an interstate compact agency's ``funding ability'' is 
        the ability of the interstate compact agency, or of any 
        governmental jurisdiction which provides subsidy payments or 
        budgetary assistance to the interstate compact agency, to obtain 
        the necessary financial resources to pay for wage and benefit 
        increases for employees of the interstate compact agency;
            (4) the term ``interstate compact agency operating in the 
        national capital area'' means any interstate compact agency 
        which provides public transit services;
            (5) the term ``interstate compact agency'' means any agency 
        established by an interstate compact to which the District of 
        Columbia is a signatory; and
            (6) the term ``public welfare'' includes, with respect to 
        arbitration under an interstate compact--
                    (A) the financial ability of the individual 
                jurisdictions participating in the compact to pay for 
                the costs of providing public transit services; and
                    (B) the average per capita tax burden, during the 
                term of the collective bargaining agreement to which the 
                arbitration relates, of the residents of the Washington, 
                D.C. metropolitan area, and the effect of an arbitration 
                award rendered pursuant to such arbitration on the 
                respective income or property tax rates of the 
                jurisdictions which provide subsidy payments to the 
                interstate compact agency established under the compact.

    Sec. 404. Standards for Arbitrators.--(a) Factors in Making 
Arbitration Award.--An arbitrator rendering an arbitration award 
involving the employees of an interstate compact agency operating in the 
national capital area may not make a finding or a decision for inclusion 
in a collective bargaining agreement governing conditions of employment 
without considering the following factors:
            (1) The existing terms and conditions of employment of the 
        employees in the bargaining unit.
            (2) All available financial resources of the interstate 
        compact agency.
            (3) The annual increase or decrease in consumer prices for 
        goods and services as reflected in the most recent consumer 
        price index for the Washington, D.C. metropolitan area, 
        published by the Bureau of Labor Statistics of the United States 
        Department of Labor.
            (4) The wages, benefits, and terms and conditions of the 
        employment of other employees who perform, in other jurisdic

[[Page 109 STAT. 465]]

        tions in the Washington, D.C. standard metropolitan statistical 
        area, services similar to those in the bargaining unit.
            (5) The special nature of the work performed by the 
        employees in the bargaining unit, including any hazards or the 
        relative ease of employment, physical requirements, educational 
        qualifications, job training and skills, shift assignments, and 
        the demands placed upon the employees as compared to other 
        employees of the interstate compact agency.
            (6) The interests and welfare of the employees in the 
        bargaining unit, including--
                    (A) the overall compensation presently received by 
                the employees, having regard not only for wage rates but 
                also for wages for time not worked, including vacations, 
                holidays, and other excused absences;
                    (B) all benefits received by the employees, 
                including previous bonuses, insurance, and pensions; and
                    (C) the continuity and stability of employment.
            (7) The public welfare.

    (b) Compact Agency's Funding Ability.--An arbitrator rendering an 
arbitration award involving the employees of an interstate compact 
agency operating in the national capital area may not, with respect to a 
collective bargaining agreement governing conditions of employment, 
provide for salaries and other benefits that exceed the interstate 
compact agency's funding ability.
    (c) Requirements for Final Award.--In resolving a dispute submitted 
to arbitration involving the employees of an interstate compact agency 
operating in the national capital area, the arbitrator shall issue a 
written award that demonstrates that all the factors set forth in 
subsections (a) and (b) have been considered and applied. An award may 
grant an increase in pay rates or benefits (including insurance and 
pension benefits), or reduce hours of work, only if the arbitrator 
concludes that any costs to the agency do not adversely affect the 
public welfare. The arbitrator's conclusion regarding the public welfare 
must be supported by substantial evidence.
    Sec. 405. Procedures for Enforcement of Awards.--(a) Modifications 
and Finality of Award.--In the case of an arbitration award to which 
section 404 applies, the interstate compact agency and the employees in 
the bargaining unit, through their representative, may agree in writing 
upon any modifications to the award within 10 days after the award is 
received by the parties. After the end of that 10-day period, the award, 
with any such modifications, shall become binding upon the interstate 
compact agency, the employees in the bargaining unit, and the employees' 
representative.
    (b) Implementation.--Each party to an award that becomes binding 
under subsection (a) shall take all actions necessary to implement the 
award.
    (c) Judicial Review.--Within 60 days after an award becomes binding 
under subsection (a), the interstate compact agency or the exclusive 
representative of the employees concerned may file a civil action in a 
court which has jurisdiction over the interstate compact agency for 
review of the award. The court shall review the award on the record, and 
shall vacate the award or any part of the award, after notice and a 
hearing, if--
            (1) the award is in violation of applicable law;
            (2) the arbitrator exceeded the arbitrator's powers;

[[Page 109 STAT. 466]]

            (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.

                                  <all>