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[Public Law: 104-50(became law 11/15/95). H.R. 2002 - A bill
making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 1996, and for other
purposes.]

DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT, 1996 [[Page 109 STAT. 436]] Public Law 104-50 104th Congress An Act Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1996, and for other purposes. <<NOTE: Nov. 15, 1995 - [H.R. 2002]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Department of Transportation and Related Agencies Appropriations Act, 1996.>> That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending September 30, 1996, and for other purposes, namely: TITLE I DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY Salaries and Expenses For necessary expenses of the Office of the Secretary, $56,189,000, of which not to exceed $40,000 shall be available as the Secretary may determine for allocation within the Department for official reception and representation expenses: Provided, That notwithstanding any other provision of law, there may be credited to this appropriation up to $1,000,000 in funds received in user fees established to support the electronic tariff filing system: Provided further, That none of the funds appropriated in this Act or otherwise made available may be used to maintain custody of airline tariffs that are already available for public and departmental access at no cost; to secure them against detection, alteration, or tampering; and open to inspection by the Department. Office of Civil Rights For necessary expenses of the Office of Civil Rights, $6,554,000, and in addition, $809,000, to be derived from ``Federal-aid Highways'' subject to the ``Limitation on General Operating Expenses''. Transportation Planning, Research, and Development For necessary expenses for conducting transportation planning, research, systems development, and development activities, to remain available until expended, $8,220,000. [[Page 109 STAT. 437]] Working Capital Fund Necessary expenses for operating costs and capital outlays of the Department of Transportation Working Capital Fund associated with the provision of services to entities within the Department of Transportation, not to exceed $103,149,000 shall be paid, in accordance with law, from appropriations made available to the Department of Transportation. Payments to Air Carriers For liquidation of obligations incurred for payments to air carriers of so much of the compensation fixed and determined under subchapter II of chapter 417 of title 49, United States Code, as is payable by the Department of Transportation, $22,600,000, to remain available until expended and to be derived from the Airport and Airway Trust Fund: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs in excess of $22,600,000 for the Payments to Air Carriers program in fiscal year 1996: Provided further, That none of the funds in this Act shall be used by the Secretary of Transportation to make payment of compensation under subchapter II of chapter 417 of title 49, United States Code, in excess of the appropriation in this Act for liquidation of obligations incurred under the ``Payments to air carriers'' program: Provided further, That none of the funds in this Act shall be used for the payment of claims for such compensation except in accordance with this provision: Provided further, That none of the funds in this Act shall be available for service to communities in the forty-eight contiguous States that are located fewer than seventy highway miles from the nearest large or medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than two hundred and ten miles from the nearest large or medium hub airport: Provided further, That of funds provided for ``Small Community Air Service'' by Public Law 101-508, $16,000,000 in fiscal year 1996 is hereby rescinded. Payments to Air Carriers Of the budgetary resources remaining available under this heading, $6,786,971 are rescinded. Rental Payments For necessary expenses for rental of headquarters and field space not to exceed 8,580,000 square feet and for related services assessed by the General Services Administration, $135,200,000: Provided, That of this amount, $1,897,000 shall be derived from the Highway Trust Fund, $41,441,000 shall be derived from the Airport and Airway Trust Fund, $836,000 shall be derived from the Pipeline Safety Fund, and $169,000 shall be derived from the [[Page 109 STAT. 438]] Harbor Maintenance Trust Fund: Provided further, That in addition, for assessments by the General Services Administration related to the space needs of the Federal Highway Administration, $17,685,000, to be derived from ``Federal-aid Highways'', subject to the ``Limitation on General Operating Expenses''. Minority Business Resource Center Program For the cost of direct loans, $1,500,000, as authorized by 49 U.S.C. 332: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $15,000,000. In addition, for administrative expenses to carry out the direct loan program, $400,000. Minority Business Outreach For necessary expenses of the Minority Business Resource Center outreach activities, $2,900,000, of which $2,642,000 shall remain available until September 30, 1997: Provided, That notwithstanding 49 U.S.C. 332, these funds may be used for business opportunities related to any mode of transportation. COAST GUARD Operating Expenses For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed five passenger motor vehicles for replacement only; payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and recreation and welfare; $2,278,991,000, of which $25,000,000 shall be derived from the Oil Spill Liability Trust Fund; and of which $20,000,000 shall be expended from the Boat Safety Account: Provided, <<NOTE: 14 USC 92 note.>> That the number of aircraft on hand at any one time shall not exceed two hundred and eighteen, exclusive of aircraft and parts stored to meet future attrition: Provided further, That none of the funds appropriated in this or any other Act shall be available for pay or administrative expenses in connection with shipping commissioners in the United States: Provided further, That none of the funds provided in this Act shall be available for expenses incurred for yacht documentation under 46 U.S.C. 12109, except to the extent fees are collected from yacht owners and credited to this appropriation: Provided further, That the Commandant shall reduce both military and civilian employment levels for the purpose of complying with Executive Order No. 12839. Acquisition, Construction, and Improvements For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, $362,375,000, of which $32,500,000 shall be derived from the Oil Spill Liability Trust Fund; of which $167,600,000 shall be available to acquire, repair, renovate or improve vessels, small boats and related equip [[Page 109 STAT. 439]] ment, to remain available until September 30, 2000; $12,000,000 shall be available to acquire new aircraft and increase aviation capability, to remain available until September 30, 1998; $49,200,000 shall be available for other equipment, to remain available until September 30, 1998; $88,875,000 shall be available for shore facilities and aids to navigation facilities, to remain available until September 30, 1998; and $44,700,000 shall be available for personnel compensation and benefits and related costs, to remain available until September 30, 1996: Provided, That funds received from the sale of the VC-11A and HU-25 aircraft shall be credited to this appropriation for the purpose of acquiring new aircraft and increasing aviation capacity: Provided further, That the Commandant may dispose of surplus real property by sale or lease and the proceeds of such sale or lease shall be credited to this appropriation. Environmental Compliance and Restoration For necessary expenses to carry out the Coast Guard's environmental compliance and restoration functions under chapter 19 of title 14, United States Code, $21,000,000, to remain available until expended. Port Safety Development For necessary expenses for debt retirement of the Port of Portland, Oregon, $15,000,000, to remain available until expended. Alteration of Bridges For necessary expenses for alteration or removal of obstructive bridges, $16,000,000, to remain available until expended. Retired Pay For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55), $582,022,000. Reserve Training For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; $62,000,000. Research, Development, Test, and Evaluation For necessary expenses, not otherwise provided for, for applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law, $18,000,000, to remain available until expended, of which $3,150,000 shall be derived from the Oil Spill Liability Trust Fund: Provided, That there may be credited to this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries, for expenses incurred for research, development, testing, and evaluation. [[Page 109 STAT. 440]] Boat Safety For payment of necessary expenses incurred for recreational boating safety assistance under Public Law 92-75, as amended, $20,000,000, to be derived from the Boat Safety Account and to remain available until expended. FEDERAL AVIATION ADMINISTRATION Operations For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities and the operation (including leasing) and maintenance of aircraft, and carrying out the provisions of subchapter I of chapter 471 of title 49, U.S.Code, or other provisions of law authorizing the obligation of funds for similar programs of airport and airway development or improvement, lease or purchase of four passenger motor vehicles for replacement only, $4,645,712,000, of which $2,222,859,100 shall be derived from the Airport and Airway Trust Fund: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses incurred in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair or alteration forms: Provided further, That funds may be used to enter into a grant agreement with a nonprofit standard setting organization to assist in the development of aviation safety standards: Provided further, That none of the funds in this Act shall be available for new applicants for the second career training program: Provided further, That none of the funds in this Act shall be available for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay: Provided further, That the Secretary may transfer funds to this account, from Coast Guard ``Operating expenses'', not to exceed $60,000,000 in total for the fiscal year, fifteen days after written notification to the House and Senate Committees on Appropriations, solely for the purpose of providing additional funds for air traffic control operations and maintenance to enhance aviation safety and security: Provided further, That the unexpended balances of the appropriation ``Office of Commercial Space Transportation, Operations and Research'' shall be transferred to and merged with this appropriation: Provided further, That none of the funds derived from the Airport and Airway Trust Fund may be used to support the operations and activities of the Associate Administrator for Commercial Space Transportation. [[Page 109 STAT. 441]] Facilities and Equipment For necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities and equipment as authorized under part A of subtitle VII of title 49, U.S.Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; and construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this head; to be derived from the Airport and Airway Trust Fund, $1,934,883,000, of which $1,708,883,000 shall remain available until September 30, 1998, of which $216,000,000 shall remain available until September 30, 1996, and of which $10,000,000, to remain available until expended, is for funding noncompetitive cooperative agreements with air carriers to assist them in acquiring and installing the following advanced security equipment: (1) hardened unit load devices, (2) explosive detection systems certified by the Federal Aviation Administration, and (3) computer-aided screener training and proficiency systems, in order to evaluate such equipment's operational feasibility and effectiveness in improving civil aviation security: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities. Facilities and Equipment Of the available balances under this heading, $60,000,000 are rescinded. Research, Engineering, and Development For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, U.S.C., including construction of experimental facilities and acquisition of necessary sites by lease or grant, $185,698,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 1998: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering, and development. [[Page 109 STAT. 442]] Grants-in-Aid for Airports For liquidation of obligations incurred for grants-in-aid for airport planning and development, and for noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, U.S.Code, and under other law authorizing such obligations, $1,500,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the obligations for which are in excess of $1,450,000,000 in fiscal year 1996 for grants-in-aid for airport planning and development, and noise compatibility planning and programs, notwithstanding section 47117(h) of title 49, U.S.Code: Provided further, That none of the funds in this Act shall be available for the planning and execution of programs the obligations for which are in excess of $26,000,000 for the ``Military Airports Program'' and $48,000,000 for the ``Reliever Airports Program''. Aviation Insurance Revolving Fund The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of funds available pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program for aviation insurance activities under chapter 443 of title 49, U.S. Code. Aircraft Purchase Loan Guarantee Program None of the funds in this Act shall be available for activities under this head the obligations for which are in excess of $1,600,000 during fiscal year 1996. FEDERAL HIGHWAY ADMINISTRATION Necessary expenses for administration, operation, including motor carrier safety program operations, and research of the Federal Highway Administration not to exceed $509,660,000 shall be paid in accordance with law from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: Provided, That $208,946,000 of the amount provided herein shall remain available until September 30, 1998. [[Page 109 STAT. 443]] Highway-Related Safety Grants (including transfer of funds) For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402 administered by the Federal Highway Administration, to remain available until expended, $11,000,000, to be derived from the Highway Trust Fund: Provided, That not to exceed $100,000 of the amount made available herein shall be available for ``Limitation on general operating expenses'': Provided further, That none of the funds in this Act shall be available for the planning or execution of programs the obligations for which are in excess of $11,000,000 in fiscal year 1996 for ``Highway-Related Safety Grants''. Federal-Aid Highways None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $17,550,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 1996. Federal-Aid Highways 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 None of the funds under this head are available for obligations for right-of-way acquisition during fiscal year 1996. [[Page 109 STAT. 444]] Motor Carrier Safety Grants For payment of obligations incurred in carrying out 49 U.S.C. 31102, $68,000,000, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $77,225,000 for ``Motor Carrier Safety Grants''. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Operations and Research For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety under part C of subtitle VI of title 49, United States Code, and chapter 301 of title 49, United States Code, $73,316,570, of which $37,825,850 shall remain available until September 30, 1998: Provided, That none of the funds appropriated by this Act may be obligated or expended to plan, finalize, or implement any rulemaking to add to section 575.104 of title 49 of the Code of Federal Regulations any requirement pertaining to a grading standard that is different from the three grading standards (treadwear, traction, and temperature resistance) already in effect. Operations and Research For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety under 23 U.S.C. 403 and section 2006 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240), to be derived from the Highway Trust Fund, $51,884,430, of which $32,247,000 shall remain available until September 30, 1998. Highway Traffic Safety Grants For payment of obligations incurred carrying out the provisions of 23 U.S.C. 153, 402, 408, and 410, chapter 303 of title 49, United States Code, and section 209 of Public Law 95-599, as amended, to remain available until expended, $155,100,000, to be derived from the Highway Trust Fund: Provided, That, notwithstanding subsection 2009(b) of the Intermodal Surface Transportation Efficiency Act of 1991, none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 1996, are in excess of $155,100,000 for programs authorized under 23 U.S.C. 402 and 410, as amended, of which $127,700,000 shall be for ``State and community highway safety grants'', $2,400,000 shall be for the ``National Driver Register'' subject to authorization, and $25,000,000 shall be for section 410 [[Page 109 STAT. 445]] ``Alcohol-impaired driving counter-measures programs'': Provided further, That none of these funds shall be used for construction, rehabilitation or remodeling costs, or for office furnishings and fixtures for State, local, or private buildings or structures: Provided further, That not to exceed $5,211,000 of the funds made available for section 402 may be available for administering ``State and community highway safety grants'': Provided further, That not to exceed $500,000 of the funds made available for section 410 ``Alcohol-impaired driving counter-measures programs'' shall be available for technical assistance to the States: Provided further, That not to exceed $890,000 of the funds made available for the ``National Driver Register'' may be available for administrative expenses. FEDERAL RAILROAD ADMINISTRATION Office of the Administrator For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $14,018,000, of which $1,508,000 shall remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of a program making commitments to guarantee new loans under the Emergency Rail Services Act of 1970, as amended, and no new commitments to guarantee loans under section 211(a) or 211(h) of the Regional Rail Reorganization Act of 1973, as amended, shall be made: Provided further, <<NOTE: 40 USC 817 note.>> That, as part of the Washington Union Station transaction in which the Secretary assumed the first deed of trust on the property and, where the Union Station Redevelopment Corporation or any successor is obligated to make payments on such deed of trust on the Secretary's behalf, including payments on and after September 30, 1988, the Secretary is authorized to receive such payments directly from the Union Station Redevelopment Corporation, credit them to the appropriation charged for the first deed of trust, and make payments on the first deed of trust with those funds: Provided further, That such additional sums as may be necessary for payment on the first deed of trust may be advanced by the Administrator from unobligated balances available to the Federal Railroad Administration, to be reimbursed from payments received from the Union Station Redevelopment Corporation. Railroad Safety For necessary expenses in connection with railroad safety, not otherwise provided for, $49,919,000, of which $2,687,000 shall remain available until expended. Railroad Research and Development For necessary expenses for railroad research and development, $24,550,000, to remain available until expended. Northeast Corridor Improvement Program For necessary expenses related to Northeast Corridor improvements authorized by title VII of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et [[Page 109 STAT. 446]] seq.) and 49 U.S.C. 24909, $115,000,000, to remain available until September 30, 1998. Railroad Rehabilitation and Improvement Program The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided, That no new loan guarantee commitments shall be made during fiscal year 1996. National Magnetic Levitation Prototype Development None of the funds in this Act shall be available for the planning or execution of the National Magnetic Levitation Prototype Development program as defined in subsections 1036(b) and 1036(d)(1)(A) of the Intermodal Surface Transportation Efficiency Act of 1991. Next Generation High Speed Rail For necessary expenses for Next Generation High Speed Rail studies, corridor planning, development, demonstration, and implementation, $19,205,000, to remain available until expended: Provided, That funds under this head may be made available for grants to States for high speed rail corridor design, feasibility studies, environmental analyses and track and signal improvements. Trust Fund Share of Next Generation High Speed Rail For grants and payment of obligations incurred in carrying out the provisions of the High Speed Ground Transportation program as defined in subsections 1036(c) and 1036(d)(1)(B) of the Intermodal Surface Transportation Efficiency Act of 1991, including planning and environmental analyses, $7,118,000, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $5,000,000. Alaska Railroad Rehabilitation To enable the Secretary of Transportation to make grants to the Alaska Railroad, $10,000,000 shall be for capital rehabilitation and improvements benefiting its passenger operations. [[Page 109 STAT. 447]] Rhode Island Rail Development For the costs associated with construction of a third track on the Northeast Corridor between Davisville and Central Falls, Rhode Island, with sufficient clearance to accommodate double stack freight cars, $1,000,000 to be matched by the State of Rhode Island or its designee on a dollar for dollar basis and to remain available until expended: <<NOTE: Contracts.>> Provided, That as a condition of accepting such funds, the Providence and Worcester (P&W) Railroad shall enter into an agreement with the Secretary to reimburse Amtrak and/or the Federal Railroad Administration, on a dollar for dollar basis, up to the first $6,000,000 in damages resulting from the legal action initiated by the P&W Railroad under its existing contracts with Amtrak relating to the provision of vertical clearances between Davisville and Central Falls in excess of those required for present freight operations. Grants to the National Railroad Passenger Corporation (including transfer of funds) To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation authorized by 49 U.S.C. 24104, $635,000,000, to remain available until expended, of which $305,000,000 shall be available for operating losses and for mandatory passenger rail service payments, $100,000,000 shall be for transition costs incurred by the Corporation, and $230,000,000 shall be for capital improvements: Provided, That up to $15,000,000 of the amount made available under this head for capital improvements may, at the discretion of the Corporation, be transferred to the Northeast Corridor Improvement Program: Provided further, That funding under this head for capital improvements shall not be made available before July 1, 1996: Provided further, That none of the funds herein appropriated shall be used for lease or purchase of passenger motor vehicles or for the hire of vehicle operators for any officer or employee, other than the president of the Corporation, excluding the lease of passenger motor vehicles for those officers or employees while in official travel status. FEDERAL TRANSIT ADMINISTRATION Administrative Expenses For necessary administrative expenses of the Federal Transit Administration's programs authorized by chapter 53 of title 49, United States Code, $42,000,000. Formula Grants For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2), 5311, and 5336, to remain available until expended, $942,925,000: Provided, That no more than $2,052,925,000 of budget authority shall be available for these purposes: Provided further, That of the funds provided under this head for formula grants, no more than $400,000,000 may be used for operating assistance under 49 U.S.C. 5336(d): Provided further, That the limitation on operating assistance provided under this heading shall, for urbanized areas of less than 200,000 in population, be no less than seventy- [[Page 109 STAT. 448]] five percent of the amount of operating assistance such areas are eligible to receive under Public Law 103-331: <<NOTE: Urban and rural areas.>> Provided further, That in the distribution of the limitation provided under this heading to urbanized areas that had a population under the 1990 census of 1,000,000 or more, the Secretary shall direct each such area to give priority consideration to the impact of reductions in operating assistance on smaller transit authorities operating within the area and to consider the needs and resources of such transit authorities when the limitation is distributed among all transit authorities operating in the area. University Transportation Centers For necessary expenses for university transportation centers as authorized by 49 U.S.C. 5317(b), to remain available until expended, $6,000,000. Transit Planning and Research For necessary expenses for transit planning and research as authorized by 49 U.S.C. 5303, 5311, 5313, 5314, and 5315, to remain available until expended, $85,500,000 of which $39,500,000 shall be for activities under 49 U.S.C. 5303, $4,500,000 for activities under 49 U.S.C. 5311(b)(2), $8,250,000 for activities under 49 U.S.C. 5313(b), $22,000,000 for activities under 49 U.S.C. 5314, $8,250,000 for activities under 49 U.S.C. 5313(a), and $3,000,000 for activities under 49 U.S.C. 5315. Trust Fund Share of Expenses For payment of obligations incurred in carrying out 49 U.S.C. 5338(a), $1,120,850,000, to remain available until expended and to be derived from the Highway Trust Fund: Provided, That $1,120,850,000 shall be paid from the Mass Transit Account of the Highway Trust Fund to the Federal Transit Administration's formula grants account. Discretionary Grants None of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $1,665,000,000 in fiscal year 1996 for grants under the contract authority in 49 U.S.C. 5338(b): Provided, That there shall be available for fixed guideway modernization, $666,000,000; there shall be available for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities, $333,000,000; and, notwithstanding any other provision of law, except for fixed guideway modernization projects, $21,631,250 made available under Public Law 102-388 under ``Federal Transit Administration, Discretionary Grants'' for projects specified in that Act or identified in reports accompanying [[Page 109 STAT. 449]] that Act, not obligated by September 30, 1995, shall be made available for new fixed guideway systems together with the $666,000,000 made available for new fixed guideway systems in this Act, to be available as follows: $42,410,000 for the Atlanta-North Springs project; $20,060,000 for the South Boston Piers (MOS-2) project; $4,250,000 for the Canton-Akron-Cleveland commuter rail project; $1,000,000 for the Cincinnati Northeast/Northern Kentucky rail line project; $16,941,000 for the Dallas South Oak Cliff LRT project; $3,000,000 for the DART North Central light rail extension project; $6,000,000 for the Dallas-Fort Worth RAILTRAN project; $10,000,000 for the Florida Tri-County commuter rail project; $22,630,000 for the Houston Regional Bus project; $9,720,625 for the Jacksonville ASE extension project; $85,000,000 for the Los Angeles Metro Rail (MOS-3); $8,500,000 for the Los Angeles-San Diego commuter rail project; $10,000,000 for the MARC commuter rail project; $15,315,000 for the Maryland Central Corridor LRT project; $2,000,000 for the Miami-North 27th Avenue project; $1,250,000 for the Memphis, Tennessee Regional Rail Plan; $80,250,000 for the New Jersey Urban Core-Secaucus project; $5,000,000 for the New Orleans Canal Street Corridor project; $126,725,125 for the New York Queens Connection project; $22,630,000 for the Pittsburgh Airport Phase 1 project; $130,140,000 for the Portland Westside LRT project; $2,000,000 for the Sacramento LRT extension project; $12,500,000 for the St. Louis Metro Link LRT project; $9,759,500 for the Salt Lake City light rail project, of which not more than $5,000,000 may be available for high- occupancy vehicle lane and intermodal corridor design costs; $10,000,000 for the San Francisco BART extension to the San Francisco airport project; $7,500,000 for the San Juan, Puerto Rico Tren Urbano project; $500,000 for the Tampa to Lakeland commuter rail project; $2,500,000 for the Whitehall ferry terminal, New York, New York; $14,400,000 for the Wisconsin central commuter project; and $5,650,000 for the Burlington-Charlotte, Vermont commuter rail project. Mass Transit Capital Fund For payment of obligations incurred in carrying out 49 U.S.C. 5338(b) administered by the Federal Transit Administration, [[Page 109 STAT. 450]] $2,000,000,000 to be derived from the Highway Trust Fund and to remain available until expended. Washington Metropolitan Area Transit Authority For necessary expenses to carry out the provisions of section 14 of Public Law 96-184 and Public Law 101-551, $200,000,000, to remain available until expended. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation's budget for the current fiscal year. Operations and Maintenance For necessary expenses for operation and maintenance of those portions of the Saint Lawrence Seaway operated and maintained by the Saint Lawrence Seaway Development Corporation, $10,150,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662. RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION Research and Special Programs For expenses necessary to discharge the functions of the Research and Special Programs Administration, $23,937,000, of which $574,000 shall be derived from the Pipeline Safety Fund, and of which $7,606,000 shall remain available until September 30, 1998: Provided, That up to $1,000,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as offsetting receipts: Provided further, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination. Pipeline Safety For expenses necessary to conduct the functions of the pipeline safety program for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107 and the Hazardous Liquid Pipeline Safety Act of 1979, as amended, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, $31,448,000, of which $2,698,000 shall be derived from the Oil Spill Liability Trust Fund and shall remain available until September 30, 1998; and of which $28,750,000 shall be derived from the Pipeline Safety Fund, of which $19,423,000 shall remain [[Page 109 STAT. 451]] available until September 30, 1998: Provided, That from amounts made available herein from the Pipeline Safety Fund, not to exceed $1,000,000 shall be available for grants to States for the development and establishment of one-call notification systems. Emergency Preparedness Grants For necessary expenses to carry out 49 U.S.C. 5127(c), $400,000 to be derived from the Emergency Preparedness Fund, to remain available until September 30, 1998: Provided, That not more than $8,890,000 shall be made available for obligation in fiscal year 1996 from amounts made available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That no such funds shall be made available for obligation by individuals other than the Secretary of Transportation, or his designees. OFFICE OF INSPECTOR GENERAL Salaries and Expenses For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $40,238,000. BUREAU OF TRANSPORTATION STATISTICS For expenses necessary to conduct activities related to airline statistics, $2,200,000, of which $272,000 shall remain available until expended. TITLE II RELATED AGENCIES ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD Salaries and Expenses For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $3,500,000: Provided, That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses. NATIONAL TRANSPORTATION SAFETY BOARD Salaries and Expenses For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), $38,774,000, of which not to exceed $1,000 may be used for official reception and representation expenses. [[Page 109 STAT. 452]] Emergency Fund For necessary expenses of the National Transportation Safety Board for accident investigations, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), $360,802 to remain available until expended. INTERSTATE COMMERCE COMMISSION Salaries and Expenses For necessary expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b), $13,379,000, of which $4,984,000 shall be for severance and closing costs: Provided, That of the fees collected in fiscal year 1996 by the Interstate Commerce Commission pursuant to 31 U.S.C. 9701, one-twelfth of $8,300,000 of those fees collected shall be made available for each month the Commission remains in existence during fiscal year 1996. Payments for Directed Rail Service 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 Sec. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor [[Page 109 STAT. 453]] vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). Sec. 302. Funds for the Panama Canal Commission may be apportioned notwithstanding 31 U.S.C. 1341 to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law that are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions. Sec. 303. <<NOTE: 49 USC 106 note.>> Funds appropriated under this Act for expenditures by the Federal Aviation Administration shall be available (1) except as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965, 20 U.S.C. 7701, et seq., for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents, and (2) for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis. Sec. 304. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV. Sec. 305. None of the funds for the Panama Canal Commission may be expended unless in conformance with the Panama Canal Treaties of 1977 and any law implementing those treaties. Sec. 306. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. Sec. 307. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. Sec. 308. The Secretary of Transportation may enter into grants, cooperative agreements, and other transactions with any person, agency, or instrumentality of the United States, any unit of State or local government, any educational institution, and any other entity in execution of the Technology Reinvestment Project authorized under the Defense Conversion, Reinvestment and Transition Assistance Act of 1992 and related legislation: Provided, That the authority provided in this section may be exercised without regard to section 3324 of title 31, United States Code. Sec. 309. <<NOTE: Contracts. Public information.>> The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. [[Page 109 STAT. 454]] Sec. 310. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 1996 the Secretary of Transportation shall distribute the obligation limitation for Federal-aid highways by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways that are apportioned or allocated to each State for such fiscal year bear to the total of the sums authorized to be appropriated for Federal-aid highways that are apportioned or allocated to all the States for such fiscal year. (b) During the period October 1 through December 31, 1995, no State shall obligate more than 25 per centum of the amount distributed to such State under subsection (a), and the total of all State obligations during such period shall not exceed 12 per centum of the total amount distributed to all States under such subsection. (c) Notwithstanding subsections (a) and (b), the Secretary shall-- (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways that have been apportioned to a State; (2) after August 1, 1996, revise a distribution of the funds made available under subsection (a) if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year giving priority to those States having large unobligated balances of funds apportioned under sections 103(e)(4), 104, and 144 of title 23, United States Code, and under sections 1013(c) and 1015 of Public Law 102-240; and (3) not distribute amounts authorized for administrative expenses and funded from the administrative takedown authorized by section 104(a), title 23 U.S.C., the Federal lands highway program, the intelligent transportation systems program, and amounts made available under sections 1040, 1047, 1064, 6001, 6005, 6006, 6023, and 6024 of Public Law 102-240, and 49 U.S.C. 5316, 5317, and 5338: Provided, That amounts made available under section 6005 of Public Law 102-240 shall be subject to the obligation limitation for Federal-aid highways and highway safety construction programs under the head ``Federal-Aid Highways'' in this Act. (d) During the period October 1 through December 31, 1995, the aggregate amount of obligations under section 157 of title 23, United States Code, for projects covered under section 147 of the Surface Transportation Assistance Act of 1978, section 9 of the Federal-Aid Highway Act of 1981, sections 131(b), 131(j), and 404 of Public Law 97- 424, sections 1061, 1103 through 1108, 4008, and 6023(b)(8) and 6023(b)(10) of Public Law 102-240, and for projects authorized by Public Law 99-500 and Public Law 100-17, shall not exceed $277,431,840. (e) During the period August 2 through September 30, 1996, the aggregate amount which may be obligated by all States shall not exceed 2.5 percent of the aggregate amount of funds apportioned or allocated to all States-- (1) under sections 104 and 144 of title 23, United States Code, and 1013(c) and 1015 of Public Law 102-240, and (2) for highway assistance projects under section 103(e)(4) of title 23, United States Code, [[Page 109 STAT. 455]] which would not be obligated in fiscal year 1996 if the total amount of the obligation limitation provided for such fiscal year in this Act were utilized. (f) Paragraph (e) shall not apply to any State which on or after August 1, 1996, has the amount distributed to such State under paragraph (a) for fiscal year 1996 reduced under paragraph (c)(2). Sec. 311. None of the funds in this Act shall be available for salaries and expenses of more than one hundred political and Presidential appointees in the Department of Transportation: Provided, That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation. Sec. 312. <<NOTE: 49 USC 5338 note.>> The limitation on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obligation, or to any other authority previously made available for obligation under the discretionary grants program. Sec. 313. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code. Sec. 314. Such sums as may be necessary for fiscal year 1996 pay raises for programs funded in this Act shall be absorbed within the levels appropriated in this Act or previous appropriations Acts. Sec. 315. Funds received by the Research and Special Programs Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training and for reports' publication and dissemination may be credited to the Research and Special Programs account. Sec. 316. None of the funds in this Act shall be available to plan, finalize, or implement regulations that would establish a vessel traffic safety fairway less than five miles wide between the Santa Barbara Traffic Separation Scheme and the San Francisco Traffic Separation Scheme. Sec. 317. <<NOTE: 49 USC 44502 note.>> Notwithstanding any other provision of law, airports may transfer, without consideration, to the Federal Aviation Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport aid program, airport development aid program or airport improvement program grant. The FAA shall accept such equipment, which shall thereafter be operated and maintained by the FAA in accordance with agency criteria. Sec. 318. None of the funds in this Act shall be available to award a multiyear contract for production end items that (1) includes economic order quantity or long lead time material procurement in excess of $10,000,000 in any one year of the contract or (2) includes a cancellation charge greater than $10,000,000 which at the time of obligation has not been appropriated to the limits of the government's liability or (3) includes a requirement that permits performance under the contract during the second and subsequent years of the contract without conditioning such performance upon the appropriation of funds: Provided, That this limitation does not apply to a contract in which the Federal Government incurs no financial liability from not buying additional systems, subsystems, or components beyond the basic contract requirements. [[Page 109 STAT. 456]] Sec. 319. None of the funds provided in this Act shall be made available for planning and executing a passenger manifest program by the Department of Transportation that only applies to United States flag carriers. Sec. 320. None of the funds made available in this Act may be used to implement, administer, or enforce the provisions of section 1038(d) of Public Law 102-240. Sec. 321. Notwithstanding any other provision of law, and except for fixed guideway modernization projects, funds made available by this Act under ``Federal Transit Administration, Discretionary grants'' for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 1998, shall be made available for other projects under 49 U.S.C. 5309. Sec. 322. Notwithstanding any other provision of law, any funds appropriated before October 1, 1993, under any section of chapter 53 of title 49 U.S.C., that remain available for expenditure may be transferred to and administered under the most recent appropriation heading for any such section. Sec. 323. None of the funds in this Act shall be available to implement or enforce regulations that would result in the withdrawal of a slot from an air carrier at O'Hare International Airport under section 93.223 of title 14 of the Code of Federal Regulations in excess of the total slots withdrawn from that air carrier as of October 31, 1993 if such additional slot is to be allocated to an air carrier or foreign air carrier under section 93.217 of title 14 of the Code of Federal Regulations. Sec. 324. None of the funds made available by this Act may be obligated or expended to design, construct, erect, modify or otherwise place any sign in any State relating to any speed limit, distance, or other measurement on any highway if such sign establishes such speed limit, distance, or other measurement using the metric system. Sec. 325. <<NOTE: New York.>> Notwithstanding any other provisions of law, tolls collected for motor vehicles on any bridge connecting the boroughs of Brooklyn, New York, and Staten Island, New York, shall continue to be collected for only those vehicles exiting from such bridge in Staten Island. Sec. 326. None of the funds in this Act may be used to compensate in excess of 335 technical staff years under the federally-funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 1996. Sec. 327. Funds provided in this Act for the Department of Transportation working capital fund (WCF) shall be reduced by $7,500,000, which limits fiscal year 1996 WCF obligational authority for elements of the Department of Transportation funded in this Act to no more than $95,649,000: Provided, That such reductions from the budget request shall be allocated by the Department of Transportation to each appropriations account in proportion to the amount included in each account for the working capital fund. Sec. 328. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's ``Limitation on General Operating Expenses'' account, the Federal Transit Administration's ``Transit Planning and Research'' [[Page 109 STAT. 457]] account, and to the Federal Railroad Administration's ``Railroad Safety'' account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. Sec. 329. (a) Purchase of American-Made Equipment and Products.--It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made. (b) Notice Requirement.--In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress. Sec. 330. None of the funds in this Act shall be available to prepare, propose, or promulgate any regulations pursuant to title V of the Motor Vehicle Information and Cost Savings Act (49 U.S.C. 32901, et seq.) prescribing corporate average fuel economy standards for automobiles, as defined in such title, in any model year that differs from standards promulgated for such automobiles prior to enactment of this section. Sec. 331. Notwithstanding 15 U.S.C. 631 et seq. and 10 U.S.C. 2301 et seq. as amended, the United States Coast Guard acquisition of 47-foot Motor Life Boats for fiscal years 1995 through 2000 shall be subject to full and open competition for all U.S. shipyards. Accordingly, the Federal Acquisition Regulations (FAR) (including but not limited to FAR Part 19), shall not apply to the extent they are inconsistent with a full and open competition. Sec. 332. None of the funds in this Act may be used for planning, engineering, design, or construction of a sixth runway at the new Denver International Airport, Denver, Colorado: Provided, That this provision shall not apply in any case where the Administrator of the Federal Aviation Administration determines, in writing, that safety conditions warrant obligation of such funds. Sec. 333. (a) Section 5302(a)(1) of title 49, United States Code, is amended by striking-- (1) in subparagraph (B), ``that extends the economic life of the bus for at least 5 years''; and (2) in subparagraph (C), ``that extends the economic life of the bus for at least 8 years''. (b) <<NOTE: Effective date. 49 USC 5302 note.>> The amendments made by this section shall not take effect before March 31, 1996. Sec. 334. Notwithstanding 31 U.S.C. 3302, funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to the provisions of section 6006 of the Intermodal Surface Transportation Efficiency Act of 1991, may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses: Provided, That such funds shall not be subject to the obligation limitation for Federal-aid highways and highway safety construction. Sec. 335. Of the budgetary resources provided to the Department of Transportation (excluding the Maritime Administration) during fiscal year 1996, $25,000,000 are permanently canceled: Provided, That the Secretary of Transportation shall reduce the existing field office structure, and to the extent practicable collocate and consolidate the Department's surface transportation field offices and administrative activities: Provided further, That the Secretary may for the purpose of consolidation of offices and facilities other than those at Headquarters, after notification to and approval of [[Page 109 STAT. 458]] the House and Senate Committees on Appropriations, transfer the funds made available by this Act for civilian and military personnel compensation and benefits and other administrative expenses to other appropriations made available to the Department of Transportation as the Secretary may designate, to be merged with and to be available for the same purposes and for the same time period as the appropriations of funds to which transferred: Provided further, That no appropriation shall be increased or decreased by more than ten per centum by all such transfers: Provided further, That, <<NOTE: 5 USC 905 note.>> notwithstanding 5 U.S.C. 905(b), the President may prepare and transmit to Congress not later than the date for transmittal to Congress of the Budget Request for Fiscal Year 1997, a reorganization plan pursuant to chapter 9 of title 5, United States Code, for the reorganization of the surface transportation activities of the Department of Transportation and the relationship of the Saint Lawrence Seaway Development Corporation to the Department. Sec. 336. The Secretary of Transportation is authorized to transfer funds appropriated in this Act to ``Rental payments'' for any expense authorized by that appropriation in excess of the amounts provided in this Act: Provided, That prior to any such transfer, notification shall be provided to the House and Senate Committees on Appropriations. Sec. 337. None of the funds in this Act may be obligated or expended for employee training which: (a) does not meet identified needs for knowledge, skills and abilities bearing directly upon the performance of official duties; (b) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (c) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluations; (d) contains any methods or content associated with religious or quasi- religious belief systems or ``new age'' belief systems as defined in Equal Employment Opportunity Commission Notice N-915.022, dated September 2, 1988; (e) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace; or (f) includes content related to human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) other than that necessary to make employees more aware of the medical ramifications of HIV/AIDS and the workplace rights of HIV-positive employees. Sec. 338. None of the funds in this Act may be used to enforce the requirement that airport charges make the airport as self-sustaining as possible or the prohibition against revenue diversion in the Airport and Airway Improvement Act of 1982 (49 U.S.C. 47107) against Hot Springs Memorial Field in Hot Springs, Arkansas, on the grounds of such airport's failure to collect fair market rental value for the facilities known as Kimery Park and Family Park: Provided, That any fees collected by any person for the use of such parks above those required for the operation and maintenance of such parks shall be remitted to such airport: Provided further, That the Federal Aviation Administration does not find that any use of, or structures on, Kimery Park and Family Park are incompatible with the safe and efficient use of the airport. Sec. 339. None of the funds in this Act shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to [[Page 109 STAT. 459]] favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation: Provided, That this shall not prevent officers or employees of the Department of Transportation or related agencies funded in this Act from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. Sec. 340. None of the funds in this Act shall be available to pay the salaries and expenses of any individual to arrange tours of scientists or engineers employed by or working for the People's Republic of China, to hire citizens of the People's Republic of China to participate in research fellowships sponsored by the modal administrations of the Department of Transportation, or to provide training or any form of technology transfer to scientists or engineers employed by or working for the People's Republic of China: Provided, That this provision shall not apply to the Federal Aviation Administration or the joint Federal Aviation Administration, Department of Defense and Department of Commerce initiative designed to modernize the air traffic control system of the People's Republic of China. Sec. 341. None of the funds in this Act may be used to support Federal Transit Administration's field operations and oversight of the Washington Metropolitan Area Transit Authority in any location other than from the Washington, D.C. metropolitan area. Sec. 342. In addition to the sums made available to the Department of Transportation, $8,421,000 shall be available on the effective date of legislation transferring certain rail and motor carrier functions from the Interstate Commerce Commission to the Department of Transportation: Provided, That such amount shall be available only to the extent authorized by law: Provided further, That of the fees collected pursuant to 31 U.S.C. 9701 in fiscal year 1996 by the successors of the Interstate Commerce Commission, one-twelfth of $8,300,000 of those fees shall be made available for each month during fiscal year 1996 that the successors of the Interstate Commerce Commission carry out the transferred rail and motor carrier functions. Sec. 343. None of the funds made available in this Act may be used for improvements to the Miller Highway in New York City, New York. Sec. 344. Improvements identified as highest priority by section 1069(t) of Public Law 102-240 and funded pursuant to section 118(c)(2) of title 23, United States Code, shall not be treated as an allocation for Interstate maintenance for such fiscal year under section 157(a)(4) of title 23, United States Code, and sections 1013(c), 1015(a)(1), and 1015(b)(1) of Public Law 102-240: Provided, That any discretionary grant made pursuant to Public Law 99-663 shall not be subject to section 1015 of Public Law 102-240. Sec. 345. <<NOTE: Research. Telecommuting. Public information. Reports.>> The Secretary, in consultation with the Secretary of Labor and the Administrator of the Environmental Protection Agency shall, within three months of the date of enactment of this Act, carry out research to identify successful telecommuting programs in the public and private sectors and provide for the dissemination to the public of information regarding the establishment of successful telecommuting programs and the benefits and costs of telecommuting. Within one year of the date of enactment [[Page 109 STAT. 460]] of this Act, the Secretary shall report to Congress its findings, conclusions, and recommendations regarding telecommuting developed under this section. Reports. Sec. 346. Notwithstanding section 1003(c) of Public Law 102-240, authorizations for the Indian Reservation Roads under section 1003(a)(6)(A) of Public Law 102-240 shall be exempt from any reduction in authorizations for budget compliance. Sec. 347. <<NOTE: 49 USC 106 note.>> (a) In consultation with the employees of the Federal Aviation Administration and such non- governmental experts in personnel management systems as he may employ, and notwithstanding the provisions of title 5, United States Code, and other Federal personnel laws, the Administrator of the Federal Aviation Administration shall develop and implement, not later than January 1, 1996, a personnel management system for the Federal Aviation Administration that addresses the unique demands on the agency's workforce. Such a new system shall, at a minimum, provide for greater flexibility in the hiring, training, compensation, and location of personnel. (b) The provisions of title 5, United States Code, shall not apply to the new personnel management system developed and implemented pursuant to subsection (a), with the exception of-- (1) section 2302(b), relating to whistleblower protection; (2) sections 3308-3320, relating to veterans' preference; (3) section 7116(b)(7), relating to limitations on the right to strike; (4) section 7204, relating to antidiscrimination; (5) chapter 73, relating to suitability, security, and conduct; (6) chapter 81, relating to compensation for work injury; and (7) chapters 83-85, 87, and 89, relating to retirement, unemployment compensation, and insurance coverage. (c) This section shall take effect on April 1, 1996. Sec. 348. <<NOTE: 49 USC 40110 note.>> (a) In consultation with such non-governmental experts in acquisition management systems as he may employ, and notwithstanding provisions of Federal acquisition law, the Administrator of the Federal Aviation Administration shall develop and implement, not later than January 1, 1996, an acquisition management system for the Federal Aviation Administration that addresses the unique needs of the agency and, at a minimum, provides for more timely and cost-effective acquisitions of equipment and materials. (b) The following provisions of Federal acquisition law shall not apply to the new acquisition management system developed and implemented pursuant to subsection (a): (1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252-266). (2) The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). (3) The Federal Acquisition Streamlining Act of 1994 (Public Law 103-355). (4) <<NOTE: Contracts. Small business.>> The Small Business Act (15 U.S.C. 631 et seq.), except that all reasonable opportunities to be awarded contracts shall be provided to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals. (5) The Competition in Contracting Act. [[Page 109 STAT. 461]] (6) Subchapter V of chapter 35 of title 31, relating to the procurement protest system. (7) The Brooks Automatic Data Processing Act (40 U.S.C. 759). (8) The Federal Acquisition Regulation and any laws not listed in (a) through (e) of this section providing authority to promulgate regulations in the Federal Acquisition Regulation. (c) This section shall take effect on April 1, 1996. <<NOTE: Effective date.>> Sec. 349. Funds provided in this Act for bonuses and cash awards for employees of the Department of Transportation shall be reduced by $752,852, which limits fiscal year 1996 obligation authority to no more than $25,875,075: Provided, That this provision shall be applied to funds for Senior Executive Service bonuses, merit pay, and other bonuses and cash awards. Sec. 350. Not to exceed $850,000 of the funds provided in this Act for the Department of Transportation shall be available for the necessary expenses of advisory committees. Sec. 351. Notwithstanding any other provision of law, the Secretary may use funds appropriated under this Act, or any subsequent Act, to administer and implement the exemption provisions of 49 CFR 580.6 and to adopt or amend exemptions from the disclosure requirements of 49 CFR Part 580 for any class or category of vehicles that the Secretary deems appropriate. Sec. 352. (a) <<NOTE: Federal buildings and facilities. New Jersey.>> The Federal Aviation Administration Technical Center located at the Atlantic City International Airport in Pomona, New Jersey, shall be known and designated as the ``William J. Hughes Technical Center''. (b) Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal Aviation Administration Technical Center referred to in section (a) shall be deemed to be a reference to the ``William J. Hughes Technical Center''. Sec. 353. None of the funds in this Act may be used to close any multi-mission small boat stations or subunits: Provided, That the Secretary may implement any management efficiencies within the small boat unit system, such as modifying the operational posture of units or reallocating resources as necessary to ensure the safety of the maritime public nationwide, provided that no stations or subunits may be closed. Sec. 354. Transfer of Certain Federal Property in New Jersey.--The first section of the Act entitled ``An Act transferring certain Federal property to the city of Hoboken, New Jersey'', approved September 27, 1982 (Public Law 97-268, 96 Stat. 1140), is amended-- (1) in subsection (a), by adding ``and'' at the end, and (2) by striking ``Stat. 220), and'' in subsection (b) and all that follows through ``New Jersey; concurrent with'' and inserting the following: ``Stat. 220); concurrent with''. Sec. 355. Sense of Senate Regarding United States/Japan Aviation Dispute.--(a) Findings.--The Congress finds that-- (1) the Governments of the United States and Japan entered into a bilateral aviation agreement in 1952 that has been modified periodically to reflect changes in the aviation relationship between the two countries; [[Page 109 STAT. 462]] (2) in 1994 the total revenue value of passenger and freight traffic for United States air carriers between the United States and Japan was approximately $6,000,000,000; (3) the United States/Japan bilateral aviation agreement guarantees three United States carriers ``beyond rights'' that authorize them to fly into Japan, take on additional passengers and cargo, and then fly to another country; (4) the United States/Japan bilateral aviation agreement requires that, within 45 days of filing a notice with the Government of Japan, the Government of Japan must authorize United States air carriers to serve routes guaranteed by their ``beyond rights''; (5) United States air carriers have made substantial economic investment in reliance upon the expectation their rights under the United States/Japan bilateral aviation agreement would be honored by the Government of Japan; (6) the Government of Japan has violated the United States/ Japan bilateral aviation agreement by preventing United States air carriers from serving routes clearly authorized by their ``beyond rights''; and (7) the refusal by the Government of Japan to respect the terms of the United States/Japan bilateral aviation agreement is having severe repercussions on United States air carriers and, in general, customers of these United States air carriers. (b) Action Requested.--The Congress-- (1) calls upon the Government of Japan to honor and abide by the terms of the United States/Japan bilateral aviation agreement and immediately authorize United States air cargo and passenger carriers which have pending route requests relating to their ``beyond rights'' to immediately commence service on the requested routes; (2) calls upon the President of the United States to identify strong and appropriate forms of countermeasures that could be taken against the Government of Japan for its egregious violation of the United States/Japan bilateral aviation agreement; and (3) calls upon the President of the United States to promptly impose against the Government of Japan whatever countermeasures are necessary and appropriate to ensure the Government of Japan abides by the terms of the United States/ Japan bilateral aviation agreement. Sec. 356. <<NOTE: Contracts.>> The Secretary of Transportation is hereby authorized and directed to enter into an agreement modifying the agreement entered into pursuant to section 339 of the Department of Transportation and Related Agencies Appropriations Act, 1993 (Public Law 102-388) to conform such agreement to the provisions of section 336 of the Department of Transportation and Related Agencies Appropriations Act, 1995 (Public Law 103-331). Nothing in this section changes the amount of the previous appropriation in section 339, and the line of credit provided for shall not exceed an amount supported by the previous appropriation. In implementing either section 339 or section 336, the Secretary may enter into an agreement requiring an interest rate that is higher than that specified therein. Sec. 357. Authority To Use Funds for Siding and Intermodal Facility in Richland County, North Dakota.--Notwith [[Page 109 STAT. 463]] standing section 22101(a)(3) of title 49, United States Code, the State of North Dakota may use funds available to the State under section 22106(b) of such title for the building of a siding and intermodal facility proposed by the State in Sections 7 and 8, Township 133 North, Range 47 West, Richland County, North Dakota. TITLE IV <<NOTE: National Capital Area Interest Arbitration Standards Act of 1995. District of Columbia.>> PROVIDING FOR THE ADOPTION OF MANDATORY STANDARDS AND PROCEDURES GOVERNING THE ACTIONS OF ARBITRATORS IN THE ARBITRATION OF LABOR DISPUTES INVOLVING TRANSIT AGENCIES OPERATING IN THE NATIONAL CAPITAL AREA Section. 401. Short Title.--This title may be cited as the ``National Capital Area Interest Arbitration Standards Act of 1995''. Sec. 402. Findings and Purposes.--(a) Findings.--The Congress finds that-- (1) affordable public transportation is essential to the economic vitality of the national capital area and is an essential component of regional efforts to improve air quality to meet environmental requirements and to improve the health of both residents of and visitors to the national capital area as well as to preserve the beauty and dignity of the Nation's capital; (2) use of mass transit by both residents of and visitors to the national capital area is substantially affected by the prices charged for such mass transit services, prices that are substantially affected by labor costs, since more than \2/3\ of operating costs are attributable to labor costs; (3) labor costs incurred in providing mass transit in the national capital area have increased at an alarming rate and wages and benefits of operators and mechanics currently are among the highest in the Nation; (4) higher operating costs incurred for public transit in the national capital area cannot be offset by increasing costs to patrons, since this often discourages ridership and thus undermines the public interest in promoting the use of public transit; (5) spiraling labor costs cannot be offset by the governmental entities that are responsible for subsidy payments for public transit services since local governments generally, and the District of Columbia government in particular, are operating under severe fiscal constraints; (6) imposition of mandatory standards applicable to arbitrators resolving arbitration disputes involving interstate compact agencies operating in the national capital area will ensure that wage increases are justified and do not exceed the ability of transit patrons and taxpayers to fund the increase; and (7) Federal legislation is necessary under Article I of section 8 of the United States Constitution to balance the need to moderate and lower labor costs while maintaining industrial peace. (b) Purpose.--It is therefore the purpose of this Act to adopt standards governing arbitration which must be applied by arbitrators resolving disputes involving interstate compact agencies operat [[Page 109 STAT. 464]] ing in the national capital area in order to lower operating costs for public transportation in the Washington metropolitan area. Sec. 403. Definitions.--As used in this title-- (1) the term ``arbitration'' means-- (A) the arbitration of disputes, regarding the terms and conditions of employment, that is required under an interstate compact governing an interstate compact agency operating in the national capital area; and (B) does not include the interpretation and application of rights arising from an existing collective bargaining agreement; (2) the term ``arbitrator'' refers to either a single arbitrator, or a board of arbitrators, chosen under applicable procedures; (3) an interstate compact agency's ``funding ability'' is the ability of the interstate compact agency, or of any governmental jurisdiction which provides subsidy payments or budgetary assistance to the interstate compact agency, to obtain the necessary financial resources to pay for wage and benefit increases for employees of the interstate compact agency; (4) the term ``interstate compact agency operating in the national capital area'' means any interstate compact agency which provides public transit services; (5) the term ``interstate compact agency'' means any agency established by an interstate compact to which the District of Columbia is a signatory; and (6) the term ``public welfare'' includes, with respect to arbitration under an interstate compact-- (A) the financial ability of the individual jurisdictions participating in the compact to pay for the costs of providing public transit services; and (B) the average per capita tax burden, during the term of the collective bargaining agreement to which the arbitration relates, of the residents of the Washington, D.C. metropolitan area, and the effect of an arbitration award rendered pursuant to such arbitration on the respective income or property tax rates of the jurisdictions which provide subsidy payments to the interstate compact agency established under the compact. Sec. 404. Standards for Arbitrators.--(a) Factors in Making Arbitration Award.--An arbitrator rendering an arbitration award involving the employees of an interstate compact agency operating in the national capital area may not make a finding or a decision for inclusion in a collective bargaining agreement governing conditions of employment without considering the following factors: (1) The existing terms and conditions of employment of the employees in the bargaining unit. (2) All available financial resources of the interstate compact agency. (3) The annual increase or decrease in consumer prices for goods and services as reflected in the most recent consumer price index for the Washington, D.C. metropolitan area, published by the Bureau of Labor Statistics of the United States Department of Labor. (4) The wages, benefits, and terms and conditions of the employment of other employees who perform, in other jurisdic [[Page 109 STAT. 465]] tions in the Washington, D.C. standard metropolitan statistical area, services similar to those in the bargaining unit. (5) The special nature of the work performed by the employees in the bargaining unit, including any hazards or the relative ease of employment, physical requirements, educational qualifications, job training and skills, shift assignments, and the demands placed upon the employees as compared to other employees of the interstate compact agency. (6) The interests and welfare of the employees in the bargaining unit, including-- (A) the overall compensation presently received by the employees, having regard not only for wage rates but also for wages for time not worked, including vacations, holidays, and other excused absences; (B) all benefits received by the employees, including previous bonuses, insurance, and pensions; and (C) the continuity and stability of employment. (7) The public welfare. (b) Compact Agency's Funding Ability.--An arbitrator rendering an arbitration award involving the employees of an interstate compact agency operating in the national capital area may not, with respect to a collective bargaining agreement governing conditions of employment, provide for salaries and other benefits that exceed the interstate compact agency's funding ability. (c) Requirements for Final Award.--In resolving a dispute submitted to arbitration involving the employees of an interstate compact agency operating in the national capital area, the arbitrator shall issue a written award that demonstrates that all the factors set forth in subsections (a) and (b) have been considered and applied. An award may grant an increase in pay rates or benefits (including insurance and pension benefits), or reduce hours of work, only if the arbitrator concludes that any costs to the agency do not adversely affect the public welfare. The arbitrator's conclusion regarding the public welfare must be supported by substantial evidence. Sec. 405. Procedures for Enforcement of Awards.--(a) Modifications and Finality of Award.--In the case of an arbitration award to which section 404 applies, the interstate compact agency and the employees in the bargaining unit, through their representative, may agree in writing upon any modifications to the award within 10 days after the award is received by the parties. After the end of that 10-day period, the award, with any such modifications, shall become binding upon the interstate compact agency, the employees in the bargaining unit, and the employees' representative. (b) Implementation.--Each party to an award that becomes binding under subsection (a) shall take all actions necessary to implement the award. (c) Judicial Review.--Within 60 days after an award becomes binding under subsection (a), the interstate compact agency or the exclusive representative of the employees concerned may file a civil action in a court which has jurisdiction over the interstate compact agency for review of the award. The court shall review the award on the record, and shall vacate the award or any part of the award, after notice and a hearing, if-- (1) the award is in violation of applicable law; (2) the arbitrator exceeded the arbitrator's powers; [[Page 109 STAT. 466]] (3) the decision by the arbitrator is arbitrary or capricious; (4) the arbitrator conducted the hearing contrary to the provisions of this title or other statutes or rules that apply to the arbitration so as to substantially prejudice the rights of a party; (5) there was partiality or misconduct by the arbitrator prejudicing the rights of a party; (6) the award was procured by corruption, fraud, or bias on the part of the arbitrator; or (7) the arbitrator did not comply with the provisions of section 404. This Act may be cited as the ``Department of Transportation and Related Agencies Appropriations Act, 1996''. Approved November 15, 1995. LEGISLATIVE HISTORY--H.R. 2002: HOUSE REPORTS: No.. 104-177 (Comm. on Appropriations) and 104-286 (Comm. of Conference). SENATE REPORTS: No. 104-126 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 141 (1995): July 21, 24, 25, considered and passed House. Aug. 9, 10, considered and passed Senate, amended. Oct. 25, House agreed to conference report. Oct. 31, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995): Nov. 16, Presidential statement.