[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2002 Public Print (PP)]
1st Session
H. R. 2002
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 11, 1995
Ordered to be printed with the amendments of the Senate numbered
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 1996, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Transportation and related agencies
for the fiscal year ending September 30, 1996, and for other purposes,
namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Salaries and Expenses
For necessary expenses of the Office of the Secretary,
(1)<DELETED>$55,011,500 </DELETED>$56,500,000, of which not to exceed
(2)<DELETED>$40,000 </DELETED>$60,000 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 (3)<DELETED>duplicate physical
copies </DELETED>custody of airline tariffs that are already available
for public and departmental access at no cost; to secure them against
detection, alteration, or tampering; (4)<DELETED>or open them
</DELETED>and open to inspection by the Department.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
(5)<DELETED>$6,554,000 </DELETED>$12,083,000, 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, (6)<DELETED>$3,309,000 </DELETED>$9,710,000.
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 (7)<DELETED>$102,231,000
</DELETED>$104,364,000 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, (8)<DELETED>$15,000,000
</DELETED>$26,738,536, 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 (9)<DELETED>$15,000,000
</DELETED>$26,738,536 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 (10)<DELETED>seventy
</DELETED>seventy-five highway miles from the nearest large or medium
(11)or small hub airport, (12)except for any such community in which is
located an airline maintenance facility performing required Federal
Aviation Regulation heavy engine heavy structural airframe maintenance
work in accordance with Part 135.411(a)(2), or that require a rate of
subsidy per passenger in excess of $200 unless such point is greater
than two hundred (13)<DELETED>and ten </DELETED>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,
(14)<DELETED>$23,600,000 </DELETED>$11,861,464 in fiscal year 1996 is
hereby rescinded(15)<DELETED>:-Provided further, That, notwithstanding
any other provision of law, effective January 1, 1996 no point in the
48 contiguous States and Hawaii eligible for compensated transportation
in fiscal year 1996 under subchapter II of chapter 417 of title 49,
United States Code, including 49 U.S.C. 41734(d), shall receive such
transportation unless a State, local government, or other non-Federal
entity agrees to pay at least fifty percent of the cost of providing
such transportation, as determined by the Secretary of Transportation:
Provided further, That the Secretary may require the entity or entities
agreeing to pay such amounts to make advance payments or provide other
security to ensure that timely payments are made: Provided further,
That, notwithstanding any other provision of law, points covered by the
cost-sharing provisions under this head for which no State, local
government, or non-Federal entity agrees to pay at least fifty percent
of the cost of providing such transportation shall receive a reduced
level of service in fiscal year 1996, to be determined by the Secretary
as follows: The Secretary shall subtract from the funds made available
in this Act so much as is needed to provide compensation to all
eligible points for which a State, local government, or other non-
Federal entity agrees to pay at least fifty percent of the cost of
providing such transportation, and, with remaining funds, allocate to
each other point an amount reduced by the ratio of the remainder
calculated above to all funds made available in this Act: Provided
further, That the Secretary shall allocate any funds that become
unallocated as the year progresses to those points for which a State,
local government, or other non-Federal entity does not agree to pay at
least fifty percent of the cost of such transportation</DELETED>.
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, (16)<DELETED>$130,803,000
</DELETED>$139,689,000: 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 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)<DELETED>$17,099,000
</DELETED>$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, (18)<DELETED>$2,900,000 </DELETED>$2,100,000, of
which (19)<DELETED>$2,642,000 </DELETED>$1,842,000 shall remain
available until September 30, 1997(20): Provided, That notwithstanding
49 U.S.C. 332, these funds may be used for business opportunities
related to any mode of transportation.
(21)Interstate Commerce Commission Sunset
For necessary expenses, of the Office of the Secretary, not
otherwise provided for, $4,705,000, to transfer residual rail and motor
carriers functions from the Interstate Commerce Commission to the
Department 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; (22)<DELETED>$2,565,607,000
</DELETED>$2,286,000,000, of which $25,000,000 shall be derived from
the Oil Spill Liability Trust Fund(23)<DELETED>;-and of which
$25,000,000 shall be expended from the Boat Safety Account</DELETED>:
Provided, That the number of aircraft on hand at any one time shall not
exceed two hundred and eighteen, exclusive of aircraft and parts stored
to meet future attrition: Provided further, That none of the funds
appropriated in this or any other Act shall be available for pay or
administrative expenses in connection with shipping commissioners in
the United States: Provided further, That none of the funds provided in
this Act shall be available for expenses incurred for yacht
documentation under 46 U.S.C. 12109, except to the extent fees are
collected from yacht owners and credited to this appropriation:
Provided further, That the Commandant shall reduce both military and
civilian employment levels for the purpose of complying with Executive
Order No. 12839(24)<DELETED>:-Provided further, That of the funds
provided for operating expenses for fiscal year 1996, in this or any
other Act, not less than $314,200,000 shall be available for drug
enforcement activities</DELETED>.
Acquisition, Construction, and Improvements
(including transfer of funds)
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto,
(25)<DELETED>$375,175,000</DELETED> $366,800,000, of which $32,500,000
shall be derived from the Oil Spill Liability Trust Fund; of which
(26)<DELETED>$191,200,000 </DELETED>$178,000,000 shall be available to
acquire, repair, renovate or improve vessels, small boats and related
equipment, to remain available until September 30, 2000;
(27)<DELETED>$16,500,000 </DELETED>$14,500,000 shall be available to
acquire new aircraft and increase aviation capability, to remain
available until September 30, 1998; (28)<DELETED>$42,200,000
</DELETED>$47,600,000 shall be available for other equipment, to remain
available until September 30, 1998; (29)<DELETED>$82,275,000
</DELETED>$80,200,000 shall be available for shore facilities and aids
to navigation facilities, to remain available until September 30, 1998;
and (30)<DELETED>$43,000,000 </DELETED>$46,500,000 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(31)<DELETED>:-Provided further, That the Secretary
may transfer funds between projects under this head, not to exceed
$50,000,000 in total for the fiscal year, thirty days after
notification to the House and Senate Committees on Appropriations,
solely for the purpose of providing funds for facility renovation,
construction, exit costs, and other implementation costs associated
with Coast Guard streamlining plans</DELETED>(32): Provided further,
That the Commandant shall 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.
(33)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, (34)<DELETED>$16,000,000 </DELETED>$2,000,000, 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; (35)<DELETED>$61,859,000
</DELETED>$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, (36)<DELETED>$18,500,000 </DELETED>$20,000,000, 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.
(37)<DELETED>Boat Safety
<DELETED>(aquatic resources trust fund)</DELETED>
<DELETED> 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.</DELETED>
(38)<DELETED>Emergency Fund
<DELETED>(limitation on permanent appropriation)</DELETED>
<DELETED>(oil spill liability trust fund)</DELETED>
<DELETED> Except as provided in emergency supplemental
appropriations provided in other appropriations Acts for fiscal year
1996, not more than $3,000,000 shall be obligated or expended in fiscal
year 1996 pursuant to section 6002(b) of the Oil Pollution Act of 1990
to carry out the provisions of section 1012(a)(4) of that
Act.</DELETED>
FEDERAL AVIATION ADMINISTRATION
Operations
(39)(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, (40)<DELETED>$4,600,000,000 </DELETED>$4,550,000,000,
of which (41)<DELETED>$1,871,500,000 </DELETED>$1,865,000,000 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 (42)<DELETED>aviation </DELETED>agency services, including
(43)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 (44)and in addition $10,000,000, to be credited to this
appropriation from fees established and collected to cover the cost of
safety and security regulation under the jurisdiction of the Federal
Aviation Administration: 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(45): Provided
further, That none of the funds appropriated in this or any subsequent
Act may be used to pay premium pay under 5 U.S.C. 5546a for any fiscal
year beginning after September 30, 1995; except that, (i) for fiscal
year 1996, such premium pay may be paid at 50 percent of the rate
specified in 5 U.S.C. 5546a; and (ii) for fiscal year 1997, such
premium pay may be paid at 25 percent of the rate specified in 5 U.S.C.
5546a(46): 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.
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,
(47)<DELETED>$2,000,000,000 </DELETED>$1,890,377,000, of which
(48)<DELETED>$1,784,000,000 </DELETED>$1,674,377,000 shall remain
available until September 30, 1998, (49)<DELETED>and </DELETED>of which
$216,000,000 shall remain available until September 30, 1996(50), 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,
(51)<DELETED>$60,000,000 </DELETED>$70,000,000 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,
(52)<DELETED>$143,000,000 </DELETED>$215,886,000, 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.
Grants-in-Aid for Airports
(liquidation of contract authorization)
(airport and airway trust fund)
(53)(including rescission of contract authorization)
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 (54)<DELETED>$1,600,000,000 </DELETED>$1,250,000,000 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 (55): 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 $20,000,000 for the ``Military Airports Program'' and
$50,000,000 for the ``Reliever Airports Program''(56): Provided
further, That of the available contract authority balances under this
account, $5,000,000 are rescinded.
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 (57)<DELETED>$495,381,000
</DELETED>$548,434,000 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
(58)<DELETED>$190,667,000 </DELETED>$248,909,000 of the amount provided
herein shall remain available until September 30, 1998.
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,
(59)<DELETED>$10,000,000 </DELETED>$13,000,000, 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 (60)<DELETED>$10,000,000
</DELETED>$13,000,000 in fiscal year 1996 for ``Highway-Related Safety
Grants''.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs the obligations for which are
in excess of (61)<DELETED>$18,000,000,000 </DELETED>$17,000,000,000 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.
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
(62)<DELETED>$79,150,000 </DELETED>$75,000,000 for ``Motor Carrier
Safety Grants''.
(63)Surface Transportation Projects
For up to 80 percent, or as specified in authorizing legislation,
of the expenses necessary for certain highway and surface
transportation projects and parking facilities, including feasibility
and environmental studies, that advance methods of improving safety,
reducing congestion, or otherwise improving surface transportation,
$39,500,000, to remain available until expended.
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, (64)<DELETED>$73,316,570 </DELETED>$71,261,000, of which
(65)<DELETED>$37,825,850 </DELETED>$36,770,676 shall remain available
until September 30, 1998(66)<DELETED>:-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</DELETED>.
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,
(67)<DELETED>$52,011,930 </DELETED>$50,344,000, of which
(68)<DELETED>$32,770,670 </DELETED>$31,716,720 shall remain available
until September 30, 1998.
(69)<DELETED>Operations and Research
<DELETED>(rescissions)</DELETED>
<DELETED> Of the amounts made available under this heading in Public
Law 103-331, Public Law 102-388, and Public Law 101-516, $4,547,185 are
rescinded from the national advanced driving simulator
project.</DELETED>
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, (70)<DELETED>$153,400,000
</DELETED>$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
(71)<DELETED>$153,400,000 </DELETED>$155,100,000 for programs
authorized under 23 U.S.C. 402 and 410, as amended, of which
(72)<DELETED>$126,000,000 </DELETED>$128,000,000 shall be for ``State
and community highway safety grants'', (73)<DELETED>$2,400,000
</DELETED>$2,100,000 shall be for the ``National Driver Register''
(74)<DELETED>(subject to passage hereafter by the House of a bill
authorizing appropriations therefor, and only in amounts provided
therein)</DELETED> subject to authorization, and $25,000,000 shall be
for section 410 ``Alcohol-impaired driving countermeasures
programs''(75)<DELETED>:-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 none of these funds
shall be used to purchase automobiles or motorcycles for state, local,
or private usage</DELETED>: Provided further, That not to exceed
(76)<DELETED>$5,153,000 </DELETED>$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'' (77)<DELETED>may
</DELETED>shall be available for technical assistance to the States:
Provided further, That not to exceed (78)<DELETED>$890,000
</DELETED>$777,000 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, (79)<DELETED>$14,000,000 </DELETED>$14,018,000,
of which $1,508,000 shall remain available until expended: Provided,
That none of the funds in this Act shall be available for the planning
or execution of a program making commitments to guarantee new loans
under the Emergency Rail Services Act of 1970, as amended, and no new
commitments to guarantee loans under section 211(a) or 211(h) of the
Regional Rail Reorganization Act of 1973, as amended, shall be made:
Provided further, That, as part of the Washington Union Station
transaction in which the Secretary assumed the first deed of trust on
the property and, where the Union Station Redevelopment Corporation or
any successor is obligated to make payments on such deed of trust on
the Secretary's behalf, including payments on and after September 30,
1988, the Secretary is authorized to receive such payments directly
from the Union Station Redevelopment Corporation, credit them to the
appropriation charged for the first deed of trust, and make payments on
the first deed of trust with those funds: Provided further, That such
additional sums as may be necessary for payment on the first deed of
trust may be advanced by the Administrator from unobligated balances
available to the Federal Railroad Administration, to be reimbursed from
payments received from the Union Station Redevelopment Corporation.
Railroad Safety
For necessary expenses in connection with railroad safety, not
otherwise provided for, (80)<DELETED>$49,940,660 </DELETED>$49,105,000,
of which $2,687,000 shall remain available until expended.
Railroad Research and Development
For necessary expenses for railroad research and development,
(81)<DELETED>$21,000,000 </DELETED>$25,775,000, 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 seq.) and 49 U.S.C.
24909, (82)<DELETED>$100,000,000 </DELETED>$130,000,000, 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
(83)<DELETED>technology development and demonstrations, $10,000,000, to
remain available until expended </DELETED>studies, corridor planning,
development, demonstration, and implementation, $20,000,000, to remain
available until expended(84): 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, $5,000,000, 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
$5,000,000.
(85)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.
(86)Pennsylvania Station Redevelopment Project
For grants to the National Railroad Passenger Corporation,
$25,000,000, to remain available until expended, for engineering,
design and construction activities to enable the James A. Farley Post
Office in New York City to be used as a train station and commercial
center: Provided, That the Secretary may retain from these funds such
amounts as the Secretary shall deem appropriate to undertake the
environmental and historic preservation analyses associated with this
project.
(87)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,
$2,000,000 to be matched by the State of Rhode Island or its designee
on a dollar for dollar basis and to remain available until expended:
Provided, That as a condition of accepting such funds, the Providence
and Worcester (P&W) Railroad shall enter into an agreement with the
Secretary to reimburse Amtrak and/or the Federal Railroad
Administration, on a dollar for dollar basis, up to the first
$7,000,000 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
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation authorized by 49 U.S.C. 24104,
(88)<DELETED>$628,000,000 </DELETED>$605,000,000, to remain available
until expended, of which (89)<DELETED>$336,000,000
</DELETED>$305,000,000 shall be available for operating losses and for
mandatory passenger rail service payments, (90)<DELETED>$62,000,000
</DELETED>$100,000,000 shall be for transition costs incurred by the
Corporation, and (91)<DELETED>$230,000,000 </DELETED>$200,000,000 shall
be for capital improvements: Provided, (92)<DELETED>That none of the
funds under this head shall be made available until significant reforms
(including labor reforms) in authorizing legislation are enacted to
restructure the National Railroad Passenger Corporation: Provided
further, </DELETED>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, (93)<DELETED>$39,260,000 </DELETED>$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,
(94)<DELETED>$890,000,000 </DELETED>$985,000,000: Provided, That no
more than (95)<DELETED>$2,000,000,000 </DELETED>$2,105,850,000 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)(96): 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 eighty percent of the
amount of operating assistance such areas are eligible to receive under
Public Law 103-331(97): Provided further, That before apportionment of
funds under this heading, $29,325,031 shall be apportioned to areas of
200,000 or greater in population.
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, (98)<DELETED>$82,250,000 of which $39,436,250
shall be for activities under 49 U.S.C. 5303, $4,381,250 for activities
under 49 U.S.C. 5311(b)(2), $8,051,250 for activities under 49 U.S.C.
5313(b), $19,480,000 for activities under 49 U.S.C. 5314, $8,051,251
for activities under 49 U.S.C. 5313(a), and $2,850,000 for activities
under 49 U.S.C. 5315</DELETED> $90,000,000.
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
(99)<DELETED>$1,110,000,000 </DELETED>$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 (100)<DELETED>there shall be available for new fixed
guideway systems, $666,000,000, to be available as follows</DELETED>,
notwithstanding any other provision of law, and except for fixed
guideway modernization projects, $22,840,000 made available under
Public Law 102-388 under ``Federal Transit Administration,
Discretionary Grants'' for projects specified in that Act or identified
in reports accompanying 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 under
this Act, to be available as follows:
$42,410,000 for the Atlanta-North Springs project;
(101)<DELETED>$17,500,000 </DELETED>$22,620,000 for the
South Boston Piers (MOS-2) project;
(102)<DELETED>$6,500,000 for the Canton-Akron-Cleveland
commuter rail project (subject to passage hereafter by the
House of a bill authorizing appropriations therefor, and only
in amounts provided therein);
</DELETED> (103)<DELETED>$2,000,000 for the Cincinnati
Northeast/Northern Kentucky rail line project (subject to
passage hereafter by the House of a bill authorizing
appropriations therefor, and only in amounts provided therein);
</DELETED> $16,941,000 for the Dallas South Oak Cliff LRT
project;
(104)<DELETED>$2,500,000 </DELETED>$3,500,000 for the DART
North Central light rail extension project
(105)<DELETED>(subject to passage hereafter by the House of a
bill authorizing appropriations therefor, and only in amounts
provided therein)</DELETED>;
(106)<DELETED>$5,000,000 </DELETED>$7,000,000 for the
Dallas-Fort Worth RAILTRAN project (107)<DELETED>(subject to
passage hereafter by the House of a bill authorizing
appropriations therefor, and only in amounts provided
therein)</DELETED>;
$10,000,000 for the Florida Tri-County commuter rail
project (108)<DELETED>(subject to passage hereafter by the
House of a bill authorizing appropriations therefor, and only
in amounts provided therein)</DELETED>;
$22,630,000 for the Houston Regional Bus project;
(109)<DELETED>$12,500,000 for the Jacksonville ASE
extension project;
</DELETED> (110)<DELETED>$125,000,000 </DELETED>$45,000,000
for the Los Angeles Metro Rail (MOS-3);
(111)<DELETED>$10,000,000 for the Los Angeles-San Diego
commuter rail project;
</DELETED> (112)<DELETED>$10,000,000 </DELETED>$15,000,000
for the MARC commuter rail project;
(113)<DELETED>$3,000,000 </DELETED>$22,630,000 for the
Maryland Central Corridor LRT project;
$2,000,000 for the Miami-North 27th Avenue project
(114)<DELETED>(subject to passage hereafter by the House of a
bill authorizing appropriations therefor, and only in amounts
provided therein)</DELETED>;
(115)<DELETED>$2,500,000 for the Memphis, Tennessee
Regional Rail Plan (subject to passage hereafter by the House
of a bill authorizing appropriations therefor, and only in
amounts provided therein);
</DELETED> (116)<DELETED>$75,000,000 </DELETED>$85,500,000
for the New Jersey Urban Core-Secaucus project;
(117)<DELETED>$10,000,000 for the New Orleans Canal Street
Corridor project (subject to passage hereafter by the House of
a bill authorizing appropriations therefor, and only in amounts
provided therein);
</DELETED> (118)<DELETED>$114,989,000 </DELETED>$160,000,000
for the New York Queens Connection project;
(119)<DELETED>$5,000,000 for the Orange County Transitway
project (subject to passage hereafter by the House of a bill
authorizing appropriations therefor, and only in amounts
provided therein);
</DELETED> $22,630,000 for the Pittsburgh Airport Phase 1
project;
(120)<DELETED>$85,500,000 </DELETED>$130,140,000 for the
Portland Westside LRT project;
(121)<DELETED>$2,000,000 for the Sacramento LRT extension
project;
</DELETED> (122)<DELETED>$10,000,000 </DELETED>$13,000,000
for the St. Louis Metro Link LRT project;
(123)<DELETED>$5,000,000 </DELETED>$14,519,000 for the Salt
Lake City light rail project(124)<DELETED>:-Provided, That such
funding may be available only for related high-occupancy
vehicle lane and intermodal corridor design costs</DELETED>;
(125)<DELETED>$10,000,000 </DELETED>$22,620,000 for the San
Francisco BART (126)<DELETED>extension to the San Francisco
airport </DELETED>extension/tasman corridor project;
(127)<DELETED>$15,000,000 for the San Juan, Puerto Rico
Tren Urbano project (subject to passage hereafter by the House
of a bill authorizing appropriations therefor, and only in
amounts provided therein);
</DELETED> (128)<DELETED>$1,000,000 for the Tampa to
Lakeland commuter rail project (subject to passage hereafter by
the House of a bill authorizing appropriations therefor, and
only in amounts provided therein);
</DELETED> (129)<DELETED>$5,000,000 for the Whitehall ferry
terminal, New York, New York (subject to passage hereafter by
the House of a bill authorizing appropriations therefor, and
only in amounts provided therein); and
</DELETED> $14,400,000 for the Wisconsin central commuter
project (130)<DELETED>(subject to passage hereafter by the
House of a bill authorizing appropriations therefor, and only
in amounts provided therein)</DELETED>;
(131)$11,300,000 for the Burlington-Charlotte, Vermont
commuter rail project; and
(132)$5,000,000 for the Chicago central area circulator.
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,
(133)<DELETED>$2,000,000,000 </DELETED>$1,700,000,000 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, (134)<DELETED>$200,000,000
</DELETED>$170,000,000, 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(135): Provided, That, notwithstanding any other provision
of law, no funds made available to the Saint Lawrence Seaway
Development Corporation from the Harbor Maintenance Trust Fund may be
obligated for fiscal year 1996, if the Saint Lawrence Seaway
Development Corporation expends or obligates funds from the financial
reserve fund of the Corporation for the design, development, or
procurement of a global position system vessel traffic service system
during that fiscal year: Provided further, That no funds made available
to the Saint Lawrence Seaway Development Corporation from the Harbor
Maintenance Trust Fund pursuant to this Act may be used by the
Corporation during fiscal year 1996 for those purposes.
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,
(136)<DELETED>$10,190,500 </DELETED>$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, (137)<DELETED>$26,030,000
</DELETED>$24,281,000, 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(138)<DELETED>:-Provided, That $2,322,000 shall
be transferred to the Bureau of Transportation Statistics for the
expenses necessary to conduct activities related to Airline Statistics,
and of which $272,000 shall remain available until expended</DELETED>:
Provided further, 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,
(139)<DELETED>$29,941,000 </DELETED>$32,973,000, 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
(140)<DELETED>$27,243,000 </DELETED>$30,275,000 shall be derived from
the Pipeline Safety Fund, of which $19,423,000 shall remain available
until September 30, 1998: Provided, That from amounts made available
herein from the Pipeline Safety Fund, not to exceed
(141)<DELETED>$1,000,000 </DELETED>$1,500,000 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
(142)<DELETED>$8,890,000 </DELETED>$9,200,000 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,
(143)<DELETED>$40,238,000 </DELETED>$39,891,200.
(144)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, (145)<DELETED>$3,656,000
</DELETED>$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),
(146)<DELETED>$38,774,000 </DELETED>$37,500,000, of which not to exceed
$1,000 may be used for official reception and representation expenses.
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), (147)<DELETED>$160,802 </DELETED>$360,802 to remain
available until expended.
INTERSTATE COMMERCE COMMISSION
(148)<DELETED>Salaries and Expenses
<DELETED> 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.</DELETED>
Salaries and Expenses
For necessary expenses of the Interstate Commerce Commission,
$13,379,000 shall be for severance, closing costs, and for other
expenses.
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 vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 302. Funds for the Panama Canal Commission may be apportioned
notwithstanding 31 U.S.C. 1341 to the extent necessary to permit
payment of such pay increases for officers or employees as may be
authorized by administrative action pursuant to law that are not in
excess of statutory increases granted for the same period in
corresponding rates of compensation for other employees of the
Government in comparable positions.
Sec. 303. Funds appropriated under this Act for expenditures by the
Federal Aviation Administration shall be available (1) except as
otherwise authorized by (149)<DELETED>the Act of September 30, 1950 (20
U.S.C. 236-244) </DELETED>title VIII of the Elementary and Secondary
Education Act of 1965, 20 U.S.C. 7701, et. seq., for expenses of
primary and secondary schooling for dependents of Federal Aviation
Administration personnel stationed outside the continental United
States at costs for any given area not in excess of those of the
Department of Defense for the same area, when it is determined by the
Secretary that the schools, if any, available in the locality are
unable to provide adequately for the education of such dependents, and
(2) for transportation of said dependents between schools serving the
area that they attend and their places of residence when the Secretary,
under such regulations as may be prescribed, determines that such
schools are not accessible by public means of transportation on a
regular basis.
Sec. 304. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 305. None of the funds for the Panama Canal Commission may be
expended unless in conformance with the Panama Canal Treaties of 1977
and any law implementing those treaties.
Sec. 306. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 307. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 308. The Secretary of Transportation may enter into grants,
cooperative agreements, and other transactions with any person, agency,
or instrumentality of the United States, any unit of State or local
government, any educational institution, and any other entity in
execution of the Technology Reinvestment Project authorized under the
Defense Conversion, Reinvestment and Transition Assistance Act of 1992
and related legislation: Provided, That the authority provided in this
section may be exercised without regard to section 3324 of title 31,
United States Code.
Sec. 309. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to section
3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 310. (a) For fiscal year 1996 the Secretary of Transportation
shall distribute the obligation limitation for Federal-aid highways by
allocation in the ratio which sums authorized to be appropriated for
Federal-aid highways that are apportioned or allocated to each State
for such fiscal year bear to the total of the sums authorized to be
appropriated for Federal-aid highways that are apportioned or allocated
to all the States for such fiscal year.
(b) During the period October 1 through December 31, 1995, no State
shall obligate more than 25 per centum of the amount distributed to
such State under subsection (a), and the total of all State obligations
during such period shall not exceed 12 per centum of the total amount
distributed to all States under such subsection.
(c) Notwithstanding subsections (a) and (b), the Secretary shall--
(1) provide all States with authority sufficient to prevent
lapses of sums authorized to be appropriated for Federal-aid
highways that have been apportioned to a State;
(2) after August 1, 1996, revise a distribution of the
funds made available under subsection (a) if a State will not
obligate the amount distributed during that fiscal year and
redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year giving priority to those States having
large unobligated balances of funds apportioned under sections
103(e)(4), 104, and 144 of title 23, United States Code, and
under sections 1013(c) and 1015 of Public Law 102-240; and
(3) not distribute amounts authorized for administrative
expenses and funded from the administrative takedown authorized
by section 104(a), title 23 U.S.C., the Federal lands highway
program, the intelligent vehicle highway systems program, and
amounts made available under sections 1040, 1047, 1064, 6001,
6005, 6006, 6023, and 6024 of Public Law 102-240, and 49 U.S.C.
5316, 5317, and 5338: Provided, That amounts made available
under section 6005 of Public Law 102-240 shall be subject to
the obligation limitation for Federal-aid highways and highway
safety construction programs under the head ``Federal-Aid
Highways'' in this Act.
(d) During the period October 1 through December 31, 1995, the
aggregate amount of obligations under 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
(150)<DELETED>pursuant to paragraph (d)</DELETED> 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,
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 (151)<DELETED>and ten
</DELETED>political and Presidential appointees in the Department of
Transportation: Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the Department of
Transportation.
Sec. 312. The limitation on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation under the
discretionary grants program.
(152)<DELETED>Sec. 313. None of the funds in this Act shall be used
to implement section 404 of title 23, United States Code.
</DELETED> Sec. 314. Such sums as may be necessary for fiscal year
1996 pay raises for programs funded in this Act shall be absorbed
within the levels appropriated in this Act or previous appropriations
Acts.
Sec. 315. Funds received by the Research and Special Programs
Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training and
for reports' publication and dissemination may be credited to the
Research and Special Programs account.
Sec. 316. None of the funds in this Act shall be available to plan,
finalize, or implement regulations that would establish a vessel
traffic safety fairway less than five miles wide between the Santa
Barbara Traffic Separation Scheme and the San Francisco Traffic
Separation Scheme.
Sec. 317. Notwithstanding any other provision of law, airports may
transfer, without consideration, to the Federal Aviation Administration
(FAA) instrument landing systems (along with associated approach
lighting equipment and runway visual range equipment) which conform to
FAA design and performance specifications, the purchase of which was
assisted by a Federal airport aid program, airport development aid
program or airport improvement program grant. The FAA shall accept such
equipment, which shall thereafter be operated and maintained by the FAA
in accordance with agency criteria.
Sec. 318. None of the funds in this Act shall be available to award
a multiyear contract for production end items that (1) includes
economic order quantity or long lead time material procurement in
excess of $10,000,000 in any one year of the contract or (2) includes a
cancellation charge greater than $10,000,000 which at the time of
obligation has not been appropriated to the limits of the government's
liability or (3) includes a requirement that permits performance under
the contract during the second and subsequent years of the contract
without conditioning such performance upon the appropriation of funds:
Provided, That this limitation does not apply to a contract in which
the Federal Government incurs no financial liability from not buying
additional systems, subsystems, or components beyond the basic contract
requirements.
Sec. 319. None of the funds provided in this Act shall be made
available for planning and executing a passenger manifest program by
the Department of Transportation that only applies to United States
flag carriers.
Sec. 320. None of the funds made available in this Act may be used
to implement, administer, or enforce the provisions of section 1038(d)
of Public Law 102-240.
Sec. 321. Notwithstanding any other provision of law, and except
for fixed guideway modernization projects, funds made available by this
Act under ``Federal Transit Administration, Discretionary grants'' for
projects specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 1998, shall be made available
for other projects under 49 U.S.C. 5309.
Sec. 322. Notwithstanding any other provision of law, any funds
appropriated before October 1, 1993, under any section of chapter 53 of
title 49 U.S.C., that remain available for expenditure may be
transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 323. None of the funds in this Act shall be available to
implement or enforce regulations that would result in the withdrawal of
a slot from an air carrier at O'Hare International Airport under
section 93.223 of title 14 of the Code of Federal Regulations in excess
of the total slots withdrawn from that air carrier as of October 31,
1993 if such additional slot is to be allocated to an air carrier or
foreign air carrier under section 93.217 of title 14 of the Code of
Federal Regulations.
Sec. 324. None of the funds made available by this Act may be
obligated or expended to design, construct, erect, modify or otherwise
place any sign in any State relating to any speed limit, distance, or
other measurement on any highway if such sign establishes such speed
limit, distance, or other measurement using the metric system.
Sec. 325. Notwithstanding any other provisions of law, tolls
collected for motor vehicles on any bridge connecting the boroughs of
Brooklyn, New York, and Staten Island, New York, shall continue to be
collected for only those vehicles exiting from such bridge in Staten
Island.
Sec. 326. None of the funds in this Act may be used to compensate
in excess of 335 technical staff years under the 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
(153)<DELETED>$10,000,000 </DELETED>$5,000,000, which limits fiscal
year 1996 WCF obligational authority for elements of the Department of
Transportation funded in this Act to no more than
(154)<DELETED>$92,231,000 </DELETED>$99,364,000: Provided, That such
reductions from the budget request shall be allocated by the Department
of Transportation to each appropriations account in proportion to the
amount included in each 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'' 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.
(155)<DELETED>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.
</DELETED> Sec. 331. Notwithstanding 15 U.S.C. 631 et seq. and 10
U.S.C. 2301 et seq. as amended, the United States Coast Guard
acquisition of 47-foot Motor Life Boats for fiscal years 1995 through
2000 shall be subject to full and open competition for all U.S.
shipyards. Accordingly, the Federal Acquisition Regulations (FAR)
(including but not limited to FAR Part 19), shall not apply to the
extent they are inconsistent with a full and open competition.
Sec. 332. None of the funds in this Act may be used for planning,
engineering, design, or construction of a sixth runway at the new
Denver International Airport, Denver, Colorado: Provided, That this
provision shall not apply in any case where the Administrator of the
Federal Aviation Administration determines, in writing, that safety
conditions warrant obligation of such funds.
Sec. 333. (a) Section 5302(a)(1) of title 49, United States Code,
is amended by striking--
(1) in subparagraph (B), ``that extends the economic life
of the bus for at least 5 years''; and
(2) in subparagraph (C), ``that extends the economic life
of the bus for at least 8 years''.
(b) The amendments made by this section shall not take effect
before March 31, 1996.
Sec. 334. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to the provisions of section 6006
of the Intermodal Surface Transportation Efficiency Act of 1991, may be
credited to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses: Provided, That such funds
shall not be subject to the obligation limitation for Federal-aid
highways and highway safety construction.
Sec. 335. Of the budgetary resources provided to the Department of
Transportation (156)<DELETED>(excluding the Maritime Administration)
</DELETED>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
(157)<DELETED>collocate </DELETED>consolidate the Department's
(158)<DELETED>surface transportation field offices
</DELETED>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 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(159): Provided further, That,
notwithstanding 5 U.S.C. 905(b), the President may prepare and transmit
to Congress not later than the date for transmittal to Congress of the
Budget Request for Fiscal Year 1997, a reorganization plan pursuant to
chapter 9 of title 5, United States Code, for the reorganization of the
surface transportation activities of the Department of Transportation
and the relationship of the Saint Lawrence Seaway Development
Corporation to the Department.
Sec. 336. The Secretary of Transportation is authorized to transfer
funds appropriated (160)<DELETED>for any office of the Office of the
Secretary</DELETED> 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.
(161)<DELETED>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.
</DELETED> Sec. 337. None of the funds appropriated by this Act
shall be made available for employee training unless such training is
consistent with the provisions of 5 U.S.C. 4101 et seq., as amended.
(162)<DELETED>Sec. 338. None of the funds in this Act may be used
to enforce the requirement that airport charges make the as airport
self-sustaining as possible or the prohibition against revenue
diversion in the Airport and Airway 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.
</DELETED> Sec. 339. (a) Except as provided in subsection (b) of
this section, 180 days after attaining eligibility for an immediate
retirement annuity under 5 U.S.C. 8336 or 5 U.S.C. 8412, an individual
shall not be eligible to receive compensation under 5 U.S.C. 8105-8106
resulting from work injuries associated with employment with the
Department of Transportation (excluding the Maritime Administration).
(b) An individual who, on the date of enactment of this Act, is
eligible to receive an immediate annuity described in subsection (a)
may continue to receive such compensation under 5 U.S.C. 8105-8106
until March 31, 1996.
(163)(c) For the purposes of section (a), the time an individual
has spent on the worker's compensation rolls shall be counted as
regular employment time.
(164)<DELETED>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
Federal Highway Administration or other 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.
</DELETED> (165)<DELETED>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.
</DELETED> (166)<DELETED>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.
</DELETED> (167)Sec. 343. Notwithstanding any other law, the funds
available for obligation to carry out the project in West Calcasieu
Parish, Louisiana, authorized by section 149(a)(87) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (Public
Law 101-17; 101 Stat. 194) shall be made available for obligation to
carry out the project for Lake Charles, Louisiana, authorized by item
17 of the table in section 1106(a)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat.
2038).
(168)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.
(169)Sec. 345. The Secretary, in consultation with the Secretary of
Labor and the Administrator of the Environmental Protection Agency
shall, within three months of the date of enactment of this Act, carry
out research to identify successful telecommuting programs in the
public and private sectors and provide for the dissemination to the
public of information regarding the establishment of successful
telecommuting programs and the benefits and costs of telecommuting.
Within one year of the date of enactment of this Act, the Secretary
shall report to Congress its findings, conclusions, and recommendations
regarding telecommuting developed under this section.
(170)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.
(171)Sec. 347. Notwithstanding any other provision of law, for
fiscal year 1996, the Secretary shall allocate to a State an additional
amount of funding for its Federal-aid highway programs on a dollar for
dollar basis to the extent that prior year unobligated balances are
withdrawn and canceled. Such funds are subject to the obligation
ceiling for Federal-aid Highways set by annual appropriations Acts:
Provided, That prior year unobligated balances may not be withdrawn and
canceled that were suballocated under title 23 or Public Law 102-240 or
were made available under the congestion mitigation and air quality
program.
(172)Sec. 348. Notwithstanding any other provision of law, for
fiscal year 1996, a State may, at its option, transfer those funds
authorized or appropriated for highway demonstration projects under
Public Law 102-240, Public Law 100-17, Public Law 97-424, or under an
applicable appropriations act for the Department of Transportation, to
its apportionment under section 104(b)(1), (2), (3), (5), and 144 of
title 23, United States Code: Provided, That demonstration projects
upon which such funds are drawn have not gone to construction (although
obligations may have been incurred for preliminary engineering or
environmental studies). Funds transferred under this section shall be
subject to the laws, regulations, policies, and procedures, relating to
the apportionment to which they are transferred and shall be subject to
the obligation ceiling for Federal-aid highways set by annual
appropriations Acts.
(173)Sec. 349. Interstate Compact Infrastructure Banks.--Chapter 3
of title 49, United States Code, is amended by the addition of the
following new section 334:
``Sec. 334. Interstate Compact Infrastructure Banks.--(a) Consent
to Interstate Compacts.--In order to increase public investment,
attract needed private investment, and promote an intermodal
transportation network, Congress grants consent to the States to
establish State infrastructure banks and to enter into interstate
compacts establishing transportation infrastructure banks to promote
regional or multi-State investment in transportation infrastructure and
thereby improve economic productivity.
``(b) Assistance for Transportation Projects, Programs, and
Activities.--A State or Interstate Compact Transportation
Infrastructure Bank (Infrastructure Bank) established under this
section may make loans, issue debt under the authority of the
Infrastructure Bank's State jurisdictions either jointly or separately
as the Infrastructure Bank and its jurisdictions determine, and provide
other assistance to public or private entities constructing, or
proposing to construct or initiate, transportation projects, programs,
or activities that are eligible to receive financial assistance under--
``(1) title 23, United States Code, and the Intermodal
Surface Transportation Efficiency Act of 1991; and
``(2) chapters 53 and 221 and subtitle VII, part B, of this
title.
``(c) Forms of Assistance.--An Infrastructure Bank may loan or
provide other assistance to a public or private entity in an amount
equal to all or part of the cost of construction or capital cost of a
qualifying project. The amount of any loan or other assistance received
for a qualifying project under this section may be subordinated to any
other debt financing for the project. For purposes of this subsection,
the term `other assistance' includes any use of funds for the purpose
of credit enhancements, use as a capital reserve for bond or debt
instrument financing, bond or debt instrument financing issuance costs,
bond or debt issuance financing insurance, subsidizing of interest
rates, letters of credit, credit instruments, bond or debt financing
instrument security, other forms of debt financing that relate to the
qualifying project, and other leveraging tools approved by the
Secretary.
``(d) Interstate Compact Transportation Infrastructure Bank
Requirements.--In order to qualify an Interstate Compact Transportation
Infrastructure Bank for capitalization grants under this section, each
participating State shall--
``(1) deposit into the Infrastructure Bank, from non-
Federal or Federal sources other than this title or title 23,
United States Code, an amount equal to 25 percent of each
capitalization grant or, if lower because of the proportion of
Federal lands in the State, the proportional non-Federal share
that a State would otherwise pay on the basis of section 120(b)
of title 23;
``(2) ensure that the Infrastructure Bank maintains on a
continuing basis an investment grade rating on its debt
issuances or has a sufficient level of bond or debt financing
instrument insurance to maintain the viability of the fund;
``(3) ensure that investment income generated by the funds
deposited into an Infrastructure Bank shall be--
``(A) credited to the Infrastructure Bank;
``(B) available for use in providing loans and
other assistance to qualifying projects, programs, or
activities from the Infrastructure Bank; and
``(C) invested in U.S. Treasury securities, bank
deposits, or such other financing instruments as the
Secretary may provide to earn interest to enhance the
leveraging of qualifying transportation activities;
``(4) provide that the repayment of a loan or other
assistance to a State from any loan under this section may be
credited to the Infrastructure Bank or obligated for any
purpose for which the loaned funds were available under this
title or title 23;
``(5) ensure that any loan from an Infrastructure Bank
shall bear any positive interest the Bank determines
appropriate to make the qualifying project feasible;
``(6) ensure that repayment of any loan from an
Infrastructure Bank shall commence not later than five years
after the facility has opened to traffic or the project,
activity or facility has been completed;
``(7) ensure that the term for repaying any loan shall not
exceed 30 years from the date of obligation of the loan;
``(8) limit any assignment, transfer, or loan to an
Infrastructure Bank to not more than the amount which a State
is entitled to under subsection (f) of this section; and
``(9) require the Infrastructure Bank to make an annual
report to the Secretary on its status no later than September
30 of each year.
``(e) Secretarial Requirements.--In administering this section, the
Secretary shall--
``(1) ensure that federal disbursements for capital
reserves shall be at a rate consistent with historic rates for
the Federal-aid highway program; and
``(2) specify procedures and guidelines for establishing,
operating, and making loans from an Infrastructure Bank.
``(f) Authorization of Appropriations; Contributions From Title 23
Apportionments.--(1) There are authorized to be appropriated from the
Airport and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out this
section not more than $250,000,000 in Fiscal Year 1996.
``(2) Notwithstanding the provisions of title 23, United States
Code, and Public Law 102-240 (Intermodal Surface Transportation
Efficiency Act of 1991), a State may contribute to an Infrastructure
Bank up to 10 percent of federal funds apportioned under section 104(b)
of title 23 that are subject to the annual Federal-aid Highways
obligation limitation, except for interstate construction and
congestion mitigation and air quality program funds: Provided, That a
State shall not deposit funds that are suballocated under title 23 or
Public Law 102-240.
``(3) A state may disburse funds appropriated under paragraph
(f)(1) of this subsection or contributed under (f)(2) of this
subsection to an Infrastructure Bank at a rate that does not exceed the
traditional rate of disbursement for the Airport Improvement Program or
the Federal-aid Highway program, respectively.
``(g) State Allocation.--The Secretary shall apportion to the chief
executive of each State choosing to participate in an Infrastructure
Bank the percentage allocation of the amount available under paragraph
(e)(1) of this section on the first day of the fiscal year, as follows:
``State Percentage
``Alabama.............................................. 1.26
``Alaska............................................... 5.64
``Arizona.............................................. 2.20
``Arkansas............................................. 0.74
``California........................................... 8.57
``Colorado............................................. 2.31
``Connecticut.......................................... 0.74
``Delaware............................................. 0.04
``District of Columbia................................. 0.01
``Florida.............................................. 6.49
``Georgia.............................................. 3.08
``Hawaii............................................... 2.54
``Idaho................................................ 0.75
``Illinois............................................. 3.92
``Indiana.............................................. 1.46
``Iowa................................................. 0.95
``Kansas............................................... 0.68
``Kentucky............................................. 1.80
``Louisiana............................................ 1.34
``Maine................................................ 0.66
``Maryland............................................. 0.84
``Massachusetts........................................ 1.72
``Michigan............................................. 2.68
``Minnesota............................................ 1.59
``Mississippi.......................................... 0.76
``Missouri............................................. 1.92
``Montana.............................................. 1.10
``Nebraska............................................. 0.87
``Nevada............................................... 1.46
``New Hampshire........................................ 0.28
``New Jersey........................................... 1.16
``New Mexico........................................... 0.98
``New York............................................. 5.82
``North Carolina....................................... 2.92
``North Dakota......................................... 0.61
``Ohio................................................. 2.32
``Oklahoma............................................. 0.97
``Oregon............................................... 1.15
``Pennsylvania......................................... 3.29
``Rhode Island......................................... 0.39
``South Carolina....................................... 1.05
``South Dakota......................................... 0.55
``Tennessee............................................ 2.13
``Texas................................................ 7.64
``Utah................................................. 1.04
``Vermont.............................................. 0.22
``Virginia............................................. 2.91
``Washington........................................... 1.78
``West Virginia........................................ 0.58
``Wisconsin............................................ 1.41
``Wyoming.............................................. 0.74
``Puerto Rico.......................................... 0.99
``(g) United States Not Obligated.--The deposit of Federal
apportionments into an Infrastructure Bank shall not be construed as a
commitment, guarantee, or obligation on the part of the United States
to any third party, nor shall any third party have any right against
the United States for payment solely by virtue of the deposit.
Furthermore, any security or debt financing instrument issued by an
Infrastructure Bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
``(h) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds used as a capital
reserve under this section.
``(i) Program Administration.--For each fiscal year, a State may
contribute to an Infrastructure Bank an amount not to exceed two
percent of the Federal funds deposited into that Infrastructure Bank by
the State to provide for the reasonable costs of administering the
fund.
``(j) Rescission of Contract Authorization.--Of the available
contract authority balances under the account entitled ``Grants-In-Aid
for Airports'' in this Act, $250,000,000 are rescinded.''.
(174)Sec. 350. (a) In consultation with the employees of the
Federal Aviation Administration and such nongovernmental 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 Secretary of Transportation 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 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) Section 7118(b)(7), relating to limitations on the
right to strike;
(3) Section 7204, relating to antidiscrimination;
(4) Chapter 73, relating to suitability, security, and
conduct;
(5) Chapter 81, relating to compensation for work injury;
and
(6) Chapters 83-85, 87, and 89, relating to retirement and
insurance coverage.
(c) This section shall take effect on April 1, 1996.
(175)Sec. 351. (a) In consultation with such non-governmental
experts in acquisition management systems as he may employ, and
notwithstanding provisions of Federal acquisition law, the Secretary of
Transportation shall develop and implement, not later than January 1,
1996, an acquisition management system for the Federal Aviation
Administration that addresses the unique needs of the agency and, at a
minimum, provides for more timely and cost-effective acquisitions of
equipment and materials.
(b) The following provisions of Federal acquisition law shall not
apply to the new acquisition management system developed and
implemented pursuant to subsection (a):
(1) Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 252-266);
(2) The Office of Federal Procurement Policy Act (41 U.S.C.
401 et seq.);
(3) The Federal Acquisition Streamlining Act of 1994
(Public Law 103-355);
(4) The Small Business Act (15 U.S.C. 631 et seq.), except
that all reasonable opportunities to be awarded contracts shall
be provided to small business concerns and small business
concerns owned and controlled by socially and economically
disadvantaged individuals;
(5) The Competition in Contracting Act;
(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); and
(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.
(176)Sec. 352. 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 1995 obligation authority
to no more than $25,875,075: Provided, That this provision shall be
applied to funds for Senior Executive Service bonuses, merit pay, and
other bonuses and cash awards.
(177)Sec. 353. 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.
(178)Sec. 354. 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.
(179)Sec. 355. (a) The Federal Aviation Administration Technical
Center located at the Atlantic City International Airport in Pomona,
New Jersey, shall be known and designated as the ``William J. Hughes
Technical Center''.
(b) Any reference in a law, map, regulation, document, paper, or
other record of the United States to the Federal Aviation
Administration Technical Center referred to in section (a) shall be
deemed to be a reference to the ``William J. Hughes Technical Center''.
(180)Sec. 356. 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.
(181)Sec. 357. Notwithstanding any other provision of law, of the
$29,596,000 available for obligation authorized by item 21 of the table
in section 1105(f) of the Intermodal Surface Transportation Efficiency
Act of 1991 (Public Law 102-240; 105 Stat. 2038), $6,000,000 shall be
made available for obligation to carry out surface transportation
projects in Louisiana. Of this amount, $5,000,000 shall be made
available for completion of the I-10 and I-610 project in New Orleans,
Louisiana and $1,000,000 shall be made available for three highway
studies of which $250,000 is provided for a study to widen US 84/LA 6
traversing north Louisiana, $250,000 is provided for a study to widen
La. Hwy 42 from US Hwy. 61 to La. Hwy. 44 and extend to I-10 in East
Ascension Parish and $500,000 is provided for a study to connect
Interstate 20 on both sides of the Ouachita River.
(182)Sec. 358. 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''.
(183)sec. 359. energy savings at federal facilities.
(a) Reduction in Facilities Energy Costs.--The head of each agency
for which funds are made available under this Act shall take all
actions necessary to achieve during fiscal year 1996 a 5 percent
reduction, from fiscal year 1995 levels, in the energy costs of the
facilities used by the agency.
(b) Use of Cost Savings.--An amount equal to the amount of cost
savings realized by an agency under subsection (a) shall remain
available for obligation through the end of fiscal year 1997, without
further authorization or appropriation, as follows:
(1) Conservation measures.--Fifty percent of the amount
shall remain available for the implementation of additional
energy conservation measures and for water conservation
measures at such facilities used by the agency as are
designated by the head of the agency.
(2) Other purposes.--Fifty percent of the amount shall
remain available for use by the agency for such purposes as are
designated by the head of the agency, consistent with
applicable law.
(c) Report.--
(1) In general.--Not later than December 31, 1996, the head
of each agency described in subsection (a) shall submit a
report to Congress specifying the results of the actions taken
under subsection (a) and providing any recommendations
concerning how to further reduce energy costs and energy
consumption in the future.
(2) Contents.--Each report shall--
(A) specify the total energy costs of the
facilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
(184)sec. 360. study of air fares.
(a) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Adjusted air fare.--The term ``adjusted air fare''
means an actual air fare that is adjusted for distance traveled
by a passenger.
(2) Air carrier.--The term--
(A) ``air carrier'' has the same meaning as in
section 40102(a)(2) of title 49, United States Code;
and
(B) the terms ``regional commuter air carrier'',
and ``major air carrier'' shall have the meanings
provided those terms by the Secretary.
(3) Airport.--The term ``airport'' has the same meaning as
in section 40102(9) of title 49, United States Code.
(4) Commercial air carrier.--The term ``commercial air
carrier'' means an air carrier that provides air transportation
for commercial purposes (as determined by the Secretary).
(5) Hub airport.--The term ``hub airport'' has the same
meaning as in section 41731(a)(2) of title 49, United States
Code.
(6) Large hub airport.--The term ``large hub airport''--
(A) shall have the meaning provided that term by
the Secretary; and
(B) does not include a small hub airport (as such
term is defined in section 41731(a)(5) of title 49,
United States Code).
(7) Nonhub airport.--The term ``nonhub airport'' has the
same meaning as in section 41731(a)(4) of title 49, United
States Code.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Study of air fares.--
(1) In general.--The Secretary shall conduct a study to--
(A) compare air fares paid (calculated as both
actual and adjusted air fares) for air transportation
on flights conducted by commercial air carriers--
(i) between--
(I) nonhub airports located in
small communities; and
(II) large hub airports; and
(ii) between large hub airports; and
(B) analyze--
(i) the extent to which passenger service
that is provided from nonhub airports is
provided on--
(I) regional commuter commercial
air carriers; or
(II) major air carriers;
(ii) the type of aircraft employed in
providing passenger service at nonhub airports;
and
(iii) whether there is competition among
commercial air carriers with respect to the
provision of air service to passengers from
nonhub airports.
(2) Findings.--The Secretary shall include in the study
conducted under this subsection findings made by the Secretary
concerning--
(A) whether passengers who use commercial air
carriers to and from rural areas (as defined by the
Secretary) pay a disproportionately greater price for
that transportation than do passengers who use
commercial air carriers between urban areas (as defined
by the Secretary);
(B) the nature of competition, if any in rural
markets (as defined by the Secretary) for commercial
air carriers;
(C) whether a relationship exists between higher
air fares and competition among commercial air carriers
for passengers travelling on jet aircraft from small
communities (as defined by the Secretary) and, if such
relationship exists, the nature of that relationship;
(D) the number of small communities that have lost
air service as a result of the deregulation of
commercial air carriers with respect to air fares;
(E) the number of small communities served by
airports with respect to which, after the date on which
the deregulation referred to in subparagraph (D)
occurred, jet air service was replaced by turbo prop
air service; and
(F) with respect to the replacement in service
referred to in subparagraph (E), any corresponding
decreases in available seat capacity for consumers at
the airports referred to in that subparagraph.
(c) Report.--Upon completion of the study conducted under
subsection (b), but not later than 60 days after the date of enactment
of this Act, the Secretary shall submit a report on the study and the
findings of the Secretary to the Committee on Commerce, Science, and
Transportation of the Senate.
(185)sec. 361. the railroad safety institute.
Of the money appropriated to the United States Department of
Transportation for Transportation Planning, Research and Development,
$1,000,000 shall be made available to establish and operate the
Institute for Railroad Safety as authorized by the Swift Rail
Development Act of 1994.
(186)sec. 362. 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;
(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.
(187)Sec. 363. 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.
(188)sec. 364. elimination of certain highway safety advisory
committees.
(a) National Highway Safety Advisory Committee.--
(1) In general.--Section 404 of title 23, United States
Code, is repealed.
(2) Conforming amendment.--The analysis for chapter 4 of
title 23, United States Code, is amended by striking the item
relating to section 404.
(b) Commercial Motor Vehicle Safety Regulatory Review Panel.--
(1) In general.--Section 31134 of title 49, United States
Code, is repealed.
(2) Conforming amendments.--
(A) The analysis for subchapter III of chapter 311
of title 49, United States Code, is amended by striking
the item relating to section 31134.
(B) Section 31140 of title 49, United States Code,
is amended--
(i) in subsection (a), by striking ``and
the Commercial Motor Vehicle Safety Regulatory
Review Panel''; and
(ii) in subsection (b)--
(I) in paragraph (2), by striking
``the Panel or''; and
(II) by striking ``the Panel'' each
place it appears and inserting ``the
Secretary''.
(C) Section 31141 of title 49, United States Code,
is amended--
(i) by striking subsection (b) and
inserting the following:
``(b) Annual Analysis by the Secretary.--The Secretary annually
shall analyze State laws and regulations and decide which of the laws
and regulations are related to commercial motor vehicle safety.''; and
(ii) in subsection (c)--
(I) in paragraph (1), by striking
``The Secretary'' and all that follows
through ``shall--'' and inserting ``Not
later than 18 months after the date on
which the Secretary makes a decision
under subsection (b) that a State law
or regulation is related to commercial
motor vehicle safety or 18 months after
the date on which the Secretary
prescribes a regulation under section
31136, whichever is later, the
Secretary shall--''; and
(II) in paragraph (5), by striking
``(5)(A) In'' and all that follows
through ``(B) In'' and inserting ``(5)
In''.
(189)sec. 365. delay of restriction on availability of certain highway
funds; national highway system designation.
(a) Delay of Restriction on Availability of Certain Highway
Funds.--Section 103(b) of title 23, United States Code, is amended in
paragraph (3)(B), by striking ``1995'' and inserting ``1997''.
(b) National Highway System Designation.--Section 103 of title 23,
United States Code, is amended by inserting after subsection (b) the
following:
``(c) National Highway System Designation.--
``(1) Designation.--The most recent National Highway System
(as of the date of enactment of this subsection) as submitted
by the Secretary of Transportation pursuant to this section is
designated as the National Highway System.
``(2) Modifications.--
``(A) In general.--At the request of a State, the
Secretary may--
``(i) add a new route segment to the
National Highway System, including a new
intermodal connection; or
``(ii) delete a route segment in existence
on the date of the request and any connection
to the route segment;
if the total mileage of the National Highway System
(including any route segment or connection proposed to
be added under this subparagraph) does not exceed
165,000 miles (265,542 kilometers).
``(B) Procedures for changes requested by states.--
Each State that makes a request for a change in the
National Highway System pursuant to subparagraph (A)
shall establish that each change in a route segment or
connection referred to in the subparagraph has been
identified by the State, in cooperation with local
officials, pursuant to applicable transportation
planning activities for metropolitan areas carried out
under section 134 and statewide planning processes
carried out under section 135.
``(3) Approval by the secretary.--The Secretary may approve
a request made by a State for a change in the National Highway
System pursuant to paragraph (2) if the Secretary determines
that the change--
``(A) meets the criteria established for the
National Highway System under this title; and
``(B) enhances the national transportation
characteristics of the National Highway System.''.
(190)<DELETED>TITLE IV--PROVIDING FOR THE ADOPTION OF MANDATORY
STANDARDS AND PROCEDURES GOVERNING THE ACTIONS OF ARBITRATORS IN THE
ARBITRATION OF LABOR DISPUTES INVOLVING TRANSIT AGENCIES OPERATING IN
THE NATIONAL CAPITAL AREA
<DELETED>SECTION 401. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``National Capital Area
Interest Arbitration Standards Act of 1995''.</DELETED>
<DELETED>SEC. 402. FINDINGS AND PURPOSES.</DELETED>
<DELETED> (a) Findings.--The Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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
</DELETED>\<DELETED>2/3</DELETED>\ <DELETED>of operating costs
are attributable to labor costs;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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
operating in the national capital area in order to lower operating
costs for public transportation in the Washington metropolitan
area.</DELETED>
<DELETED>SEC. 403. DEFINITIONS.</DELETED>
<DELETED> As used in this Title--</DELETED>
<DELETED> (1) the term ``arbitration'' means--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) does not include the interpretation
and application of rights arising from an existing
collective bargaining agreement;</DELETED>
<DELETED> (2) the term ``arbitrator'' refers to either a
single arbitrator, or a board of arbitrators, chosen under
applicable procedures;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) the term ``interstate compact agency operating
in the national capital area'' means any interstate compact
agency which provides public transit services;</DELETED>
<DELETED> (5) the term ``interstate compact agency'' means
any agency established by an interstate compact to which the
District of Columbia is a signatory; and</DELETED>
<DELETED> (6) the term ``public welfare'' includes, with
respect to arbitration under an interstate compact--</DELETED>
<DELETED> (A) the financial ability of the
individual jurisdictions participating in the compact
to pay for the costs of providing public transit
services; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 404. STANDARDS FOR ARBITRATORS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) The existing terms and conditions of
employment of the employees in the bargaining unit.</DELETED>
<DELETED> (2) All available financial resources of the
interstate compact agency.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) The wages, benefits, and terms and conditions
of the employment of other employees who perform, in other
jurisdictions in the Washington, D.C. standard metropolitan
statistical area, services similar to those in the bargaining
unit.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) The interests and welfare of the employees in
the bargaining unit, including--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) all benefits received by the
employees, including previous bonuses, insurance, and
pensions; and</DELETED>
<DELETED> (C) the continuity and stability of
employment.</DELETED>
<DELETED> (7) The public welfare.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 405. PROCEDURES FOR ENFORCEMENT OF AWARDS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Implementation.--Each party to an award that becomes
binding under subsection (a) shall take all actions necessary to
implement the award.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the award is in violation of applicable
law;</DELETED>
<DELETED> (2) the arbitrator exceeded the arbitrator's
powers;</DELETED>
<DELETED> (3) the decision by the arbitrator is arbitrary or
capricious;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (5) there was partiality or misconduct by the
arbitrator prejudicing the rights of a party;</DELETED>
<DELETED> (6) the award was procured by corruption, fraud,
or bias on the part of the arbitrator; or</DELETED>
<DELETED> (7) the arbitrator did not comply with the
provisions of section 404.</DELETED>
(191)<DELETED>TITLE V
<DELETED>ADDITIONAL GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 501. None of the funds made available in this Act may
be used for improvements to the Miller Highway in New York City, New
York.</DELETED>
This Act may be cited as the ``Department of Transportation and
Related Agencies Appropriations Act, 1996''.
Passed the House of Representatives July 25, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate August 10 (legislative day, July 10),
1995.
Attest:
SHEILA P. BURKE,
Secretary.
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