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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.
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