[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2002 Referred in Senate (RFS)]
1st Session
H. R. 2002
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 26 (legislative day, July 10), 1995
Received; read twice and referred to the Committee on Appropriations
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 1996, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of
Transportation and related agencies for the fiscal year ending
September 30, 1996, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Salaries and Expenses
For necessary expenses of the Office of the Secretary, $55,011,500,
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 duplicate physical copies of airline tariffs that are
already available for public and departmental access at no cost; to
secure them against detection, alteration, or tampering; or open them
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, $3,309,000.
Working Capital Fund
Necessary expenses for operating costs and capital outlays of the
Department of Transportation Working Capital Fund associated with the
provision of services to entities within the Department of
Transportation, not to exceed $102,231,000 shall be paid, in accordance
with law, from appropriations made available to the Department of
Transportation.
Payments to Air Carriers
(liquidation of contract authorization)
(airport and airway trust fund)
(including rescission of contract authorization)
For liquidation of obligations incurred for payments to air
carriers of so much of the compensation fixed and determined under
subchapter II of chapter 417 of title 49, United States Code, as is
payable by the Department of Transportation, $15,000,000, 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
$15,000,000 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, $23,600,000 in fiscal year 1996 is
hereby rescinded: Provided further, That, notwithstanding any other
provision of law, effective January 1, 1996 no point in the 48
contiguous States and Hawaii eligible for compensated transportation in
fiscal year 1996 under subchapter II of chapter 417 of title 49, United
States Code, including 49 U.S.C. 41734(d), shall receive such
transportation unless a State, local government, or other non-Federal
entity agrees to pay at least fifty percent of the cost of providing
such transportation, as determined by the Secretary of Transportation:
Provided further, That the Secretary may require the entity or entities
agreeing to pay such amounts to make advance payments or provide other
security to ensure that timely payments are made: Provided further,
That, notwithstanding any other provision of law, points covered by the
cost-sharing provisions under this head for which no State, local
government, or non-Federal entity agrees to pay at least fifty percent
of the cost of providing such transportation shall receive a reduced
level of service in fiscal year 1996, to be determined by the Secretary
as follows: The Secretary shall subtract from the funds made available
in this Act so much as is needed to provide compensation to all
eligible points for which a State, local government, or other non-
Federal entity agrees to pay at least fifty percent of the cost of
providing such transportation, and, with remaining funds, allocate to
each other point an amount reduced by the ratio of the remainder
calculated above to all funds made available in this Act: Provided
further, That the Secretary shall allocate any funds that become
unallocated as the year progresses to those points for which a State,
local government, or other non-Federal entity does not agree to pay at
least fifty percent of the cost of such transportation.
Payments to Air Carriers
(rescission)
Of the budgetary resources remaining available under this heading,
$6,786,971 are rescinded.
Rental Payments
For necessary expenses for rental of headquarters and field space
not to exceed 8,580,000 square feet and for related services assessed
by the General Services Administration, $130,803,000: Provided, That of
this amount, $1,897,000 shall be derived from the Highway Trust Fund,
$41,441,000 shall be derived from the Airport and Airway Trust Fund,
$836,000 shall be derived from the Pipeline Safety Fund, and $169,000
shall be derived from the Harbor Maintenance Trust Fund: Provided
further, That in addition, for assessments by the General Services
Administration related to the space needs of the Federal Highway
Administration, $17,099,000, 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.
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; $2,565,607,000, of which $25,000,000 shall be
derived from the Oil Spill Liability Trust Fund; and of which
$25,000,000 shall be expended from the Boat Safety Account: Provided,
That the number of aircraft on hand at any one time shall not exceed
two hundred and eighteen, exclusive of aircraft and parts stored to
meet future attrition: 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: Provided further, That of the funds provided for
operating expenses for fiscal year 1996, in this or any other Act, not
less than $314,200,000 shall be available for drug enforcement
activities.
Acquisition, Construction, and Improvements
(including transfer of funds)
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto, $375,175,000, of which
$32,500,000 shall be derived from the Oil Spill Liability Trust Fund;
of which $191,200,000 shall be available to acquire, repair, renovate
or improve vessels, small boats and related equipment, to remain
available until September 30, 2000; $16,500,000 shall be available to
acquire new aircraft and increase aviation capability, to remain
available until September 30, 1998; $42,200,000 shall be available for
other equipment, to remain available until September 30, 1998;
$82,275,000 shall be available for shore facilities and aids to
navigation facilities, to remain available until September 30, 1998;
and $43,000,000 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 Secretary may transfer funds between projects under
this head, not to exceed $50,000,000 in total for the fiscal year,
thirty days after notification to the House and Senate Committees on
Appropriations, solely for the purpose of providing funds for facility
renovation, construction, exit costs, and other implementation costs
associated with Coast Guard streamlining plans.
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.
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; $61,859,000.
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, $18,500,000, 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.
Boat Safety
(aquatic resources trust fund)
For payment of necessary expenses incurred for recreational boating
safety assistance under Public Law 92-75, as amended, $20,000,000, to
be derived from the Boat Safety Account and to remain available until
expended.
Emergency Fund
(limitation on permanent appropriation)
(oil spill liability trust fund)
Except as provided in emergency supplemental appropriations
provided in other appropriations Acts for fiscal year 1996, not more
than $3,000,000 shall be obligated or expended in fiscal year 1996
pursuant to section 6002(b) of the Oil Pollution Act of 1990 to carry
out the provisions of section 1012(a)(4) of that Act.
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, $4,600,000,000, of which $1,871,500,000 shall be
derived from the Airport and Airway Trust Fund: Provided, That there
may be credited to this appropriation funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources, for expenses incurred in the
provision of aviation services, including 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.
Facilities and Equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, and improvement by contract or purchase,
and hire of air navigation and experimental facilities and equipment as
authorized under part A of subtitle VII of title 49, U.S. Code,
including initial acquisition of necessary sites by lease or grant;
engineering and service testing, including construction of test
facilities and acquisition of necessary sites by lease or grant; and
construction and furnishing of quarters and related accommodations for
officers and employees of the Federal Aviation Administration stationed
at remote localities where such accommodations are not available; and
the purchase, lease, or transfer of aircraft from funds available under
this head; to be derived from the Airport and Airway Trust Fund,
$2,000,000,000, of which $1,784,000,000 shall remain available until
September 30, 1998, and of which $216,000,000 shall remain available
until September 30, 1996: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment and modernization of air navigation facilities.
Facilities and Equipment
(airport and airway trust fund)
(rescission)
Of the available balances under this heading, $60,000,000 are
rescinded.
Research, Engineering, and Development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, U.S.C., including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$143,000,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 1998: Provided, That there may
be credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred for research, engineering, and development.
Grants-in-Aid for Airports
(liquidation of contract authorization)
(airport and airway trust fund)
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 $1,600,000,000 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.
Aviation Insurance Revolving Fund
The Secretary of Transportation is hereby authorized to make such
expenditures and investments, within the limits of funds available
pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the
Government Corporation Control Act, as amended (31 U.S.C. 9104), as may
be necessary in carrying out the program for aviation insurance
activities under chapter 443 of title 49, U.S. Code.
Aircraft Purchase Loan Guarantee Program
None of the funds in this Act shall be available for activities
under this head the obligations for which are in excess of $1,600,000
during fiscal year 1996.
FEDERAL HIGHWAY ADMINISTRATION
limitation on general operating expenses
Necessary expenses for administration, operation, including motor
carrier safety program operations, and research of the Federal Highway
Administration not to exceed $495,381,000 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
$190,667,000 of the amount provided herein shall remain available until
September 30, 1998.
Highway-Related Safety Grants
(liquidation of contract authorization)
(highway trust fund)
(including transfer of funds)
For payment of obligations incurred in carrying out the provisions
of title 23, United States Code, section 402 administered by the
Federal Highway Administration, to remain available until expended,
$10,000,000, 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 $10,000,000 in fiscal year 1996 for ``Highway-Related Safety
Grants''.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs the obligations for which are
in excess of $18,000,000,000 for Federal-aid highways and highway
safety construction programs for fiscal year 1996.
Federal-Aid Highways
(liquidation of contract authorization)
(highway trust fund)
For carrying out the provisions of title 23, United States Code,
that are attributable to Federal-aid highways, including the National
Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not
otherwise provided, including reimbursements for sums expended pursuant
to the provisions of 23 U.S.C. 308, $19,200,000,000 or so much thereof
as may be available in and derived from the Highway Trust Fund, to
remain available until expended.
Right-of-Way Revolving Fund
(limitation on direct loans)
(highway trust fund)
None of the funds under this head are available for obligations for
right-of-way acquisition during fiscal year 1996.
Motor Carrier Safety Grants
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C.
31102, $68,000,000, to be derived from the Highway Trust Fund and to
remain available until expended: Provided, That none of the funds in
this Act shall be available for the implementation or execution of
programs the obligations for which are in excess of $79,150,000 for
``Motor Carrier Safety Grants''.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Operations and Research
For expenses necessary to discharge the functions of the Secretary
with respect to traffic and highway safety under part C of subtitle VI
of title 49, United States Code, and chapter 301 of title 49, United
States Code, $73,316,570, of which $37,825,850 shall remain available
until September 30, 1998: Provided, That none of the funds appropriated
by this Act may be obligated or expended to plan, finalize, or
implement any rulemaking to add to section 575.104 of title 49 of the
Code of Federal Regulations any requirement pertaining to a grading
standard that is different from the three grading standards (treadwear,
traction, and temperature resistance) already in effect.
Operations and Research
(highway trust fund)
For expenses necessary to discharge the functions of the Secretary
with respect to traffic and highway safety under 23 U.S.C. 403 and
section 2006 of the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240), to be derived from the Highway Trust Fund,
$52,011,930, of which $32,770,670 shall remain available until
September 30, 1998.
Operations and Research
(rescissions)
Of the amounts made available under this heading in Public Law 103-
331, Public Law 102-388, and Public Law 101-516, $4,547,185 are
rescinded from the national advanced driving simulator project.
Highway Traffic Safety Grants
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred carrying out the provisions of
23 U.S.C. 153, 402, 408, and 410, Chapter 303 of title 49, United
States Code, and section 209 of Public Law 95-599, as amended, to
remain available until expended, $153,400,000, 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 $153,400,000 for programs authorized under 23
U.S.C. 402 and 410, as amended, of which $126,000,000 shall be for
``State and community highway safety grants'', $2,400,000 shall be for
the ``National Driver Register'' (subject to passage hereafter by the
House of a bill authorizing appropriations therefor, and only in
amounts provided therein), and $25,000,000 shall be for section 410
``Alcohol-impaired driving countermeasures 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 none of these funds shall be used to purchase automobiles
or motorcycles for state, local, or private usage: Provided further,
That not to exceed $5,153,000 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'' may 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, $14,000,000, of which $1,508,000 shall remain
available until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of a program making
commitments to guarantee new loans under the Emergency Rail Services
Act of 1970, as amended, and no new commitments to guarantee loans
under section 211(a) or 211(h) of the Regional Rail Reorganization Act
of 1973, as amended, shall be made: Provided further, That, as part of
the Washington Union Station transaction in which the Secretary assumed
the first deed of trust on the property and, where the Union Station
Redevelopment Corporation or any successor is obligated to make
payments on such deed of trust on the Secretary's behalf, including
payments on and after September 30, 1988, the Secretary is authorized
to receive such payments directly from the Union Station Redevelopment
Corporation, credit them to the appropriation charged for the first
deed of trust, and make payments on the first deed of trust with those
funds: Provided further, That such additional sums as may be necessary
for payment on the first deed of trust may be advanced by the
Administrator from unobligated balances available to the Federal
Railroad Administration, to be reimbursed from payments received from
the Union Station Redevelopment Corporation.
Railroad Safety
For necessary expenses in connection with railroad safety, not
otherwise provided for, $49,940,660, of which $2,687,000 shall remain
available until expended.
Railroad Research and Development
For necessary expenses for railroad research and development,
$21,000,000, to remain available until expended.
Northeast Corridor Improvement Program
For necessary expenses related to Northeast Corridor improvements
authorized by title VII of the Railroad Revitalization and Regulatory
Reform Act of 1976, as amended (45 U.S.C. 851 et seq.) and 49 U.S.C.
24909, $100,000,000, to remain available until September 30, 1998.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, in such amounts and at such times
as may be necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under sections 511
through 513 of such Act, such authority to exist as long as any such
guaranteed obligation is outstanding: Provided, That no new loan
guarantee commitments shall be made during fiscal year 1996.
National Magnetic Levitation Prototype Development
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the planning
or execution of the National Magnetic Levitation Prototype Development
program as defined in subsections 1036(b) and 1036(d)(1)(A) of the
Intermodal Surface Transportation Efficiency Act of 1991.
Next Generation High Speed Rail
For necessary expenses for Next Generation High Speed Rail
technology development and demonstrations, $10,000,000, to remain
available until expended.
Trust Fund Share of Next Generation High Speed Rail
(liquidation of contract authorization)
(highway trust fund)
For grants and payment of obligations incurred in carrying out the
provisions of the High Speed Ground Transportation program as defined
in subsections 1036(c) and 1036(d)(1)(B) of the Intermodal Surface
Transportation Efficiency Act of 1991, including planning and
environmental analyses, $5,000,000, to be derived from the Highway
Trust Fund and to remain available until expended: Provided, That none
of the funds in this Act shall be available for the implementation or
execution of programs the obligations for which are in excess of
$5,000,000.
Grants to the National Railroad Passenger Corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation authorized by 49 U.S.C. 24104,
$628,000,000, of which $336,000,000 shall be available for operating
losses and for mandatory passenger rail service payments, $62,000,000
shall be for transition costs incurred by the Corporation, and
$230,000,000 shall be for capital improvements: Provided, That none of
the funds under this head shall be made available until significant
reforms (including labor reforms) in authorizing legislation are
enacted to restructure the National Railroad Passenger Corporation:
Provided further, 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, $39,260,000.
Formula Grants
For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2),
5311, and 5336, to remain available until expended, $890,000,000:
Provided, That no more than $2,000,000,000 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).
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, $82,250,000 of which $39,436,250 shall be for
activities under 49 U.S.C. 5303, $4,381,250 for activities under 49
U.S.C. 5311(b)(2), $8,051,250 for activities under 49 U.S.C. 5313(b),
$19,480,000 for activities under 49 U.S.C. 5314, $8,051,251 for
activities under 49 U.S.C. 5313(a), and $2,850,000 for activities under
49 U.S.C. 5315.
Trust Fund Share of Expenses
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C.
5338(a), $1,120,850,000, to remain available until expended and to be
derived from the Highway Trust Fund: Provided, That $1,110,000,000
shall be paid from the Mass Transit Account of the Highway Trust Fund
to the Federal Transit Administration's formula grants account.
Discretionary Grants
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs the obligations for which are
in excess of $1,665,000,000 in fiscal year 1996 for grants under the
contract authority in 49 U.S.C. 5338(b): Provided, That there shall be
available for fixed guideway modernization, $666,000,000; there shall
be available for the replacement, rehabilitation, and purchase of buses
and related equipment and the construction of bus-related facilities,
$333,000,000; and there shall be available for new fixed guideway
systems, $666,000,000, to be available as follows:
$42,410,000 for the Atlanta-North Springs project;
$17,500,000 for the South Boston Piers (MOS-2) project;
$6,500,000 for the Canton-Akron-Cleveland commuter rail
project (subject to passage hereafter by the House of a bill
authorizing appropriations therefor, and only in amounts
provided therein);
$2,000,000 for the Cincinnati Northeast/Northern Kentucky
rail line project (subject to passage hereafter by the House of
a bill authorizing appropriations therefor, and only in amounts
provided therein);
$16,941,000 for the Dallas South Oak Cliff LRT project;
$2,500,000 for the DART North Central light rail extension
project (subject to passage hereafter by the House of a bill
authorizing appropriations therefor, and only in amounts
provided therein);
$5,000,000 for the Dallas-Fort Worth RAILTRAN project
(subject to passage hereafter by the House of a bill
authorizing appropriations therefor, and only in amounts
provided therein);
$10,000,000 for the Florida Tri-County commuter rail
project (subject to passage hereafter by the House of a bill
authorizing appropriations therefor, and only in amounts
provided therein);
$22,630,000 for the Houston Regional Bus project;
$12,500,000 for the Jacksonville ASE extension project;
$125,000,000 for the Los Angeles Metro Rail (MOS-3);
$10,000,000 for the Los Angeles-San Diego commuter rail
project;
$10,000,000 for the MARC commuter rail project;
$3,000,000 for the Maryland Central Corridor LRT project;
$2,000,000 for the Miami-North 27th Avenue project (subject
to passage hereafter by the House of a bill authorizing
appropriations therefor, and only in amounts provided therein);
$2,500,000 for the Memphis, Tennessee Regional Rail Plan
(subject to passage hereafter by the House of a bill
authorizing appropriations therefor, and only in amounts
provided therein);
$75,000,000 for the New Jersey Urban Core-Secaucus project;
$10,000,000 for the New Orleans Canal Street Corridor
project (subject to passage hereafter by the House of a bill
authorizing appropriations therefor, and only in amounts
provided therein);
$114,989,000 for the New York Queens Connection project;
$5,000,000 for the Orange County Transitway project
(subject to passage hereafter by the House of a bill
authorizing appropriations therefor, and only in amounts
provided therein);
$22,630,000 for the Pittsburgh Airport Phase 1 project;
$85,500,000 for the Portland Westside LRT project;
$2,000,000 for the Sacramento LRT extension project;
$10,000,000 for the St. Louis Metro Link LRT project;
$5,000,000 for the Salt Lake City light rail project:
Provided, That such funding may be available only for related
high-occupancy vehicle lane and intermodal corridor design
costs;
$10,000,000 for the San Francisco BART extension to the San
Francisco airport project;
$15,000,000 for the San Juan, Puerto Rico Tren Urbano
project (subject to passage hereafter by the House of a bill
authorizing appropriations therefor, and only in amounts
provided therein);
$1,000,000 for the Tampa to Lakeland commuter rail project
(subject to passage hereafter by the House of a bill
authorizing appropriations therefor, and only in amounts
provided therein);
$5,000,000 for the Whitehall ferry terminal, New York, New
York (subject to passage hereafter by the House of a bill
authorizing appropriations therefor, and only in amounts
provided therein); and
$14,400,000 for the Wisconsin central commuter project
(subject to passage hereafter by the House of a bill
authorizing appropriations therefor, and only in amounts
provided therein).
Mass Transit Capital Fund
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C.
5338(b) administered by the Federal Transit Administration,
$2,000,000,000 to be derived from the Highway Trust Fund and to remain
available until expended.
Washington Metropolitan Area Transit Authority
For necessary expenses to carry out the provisions of section 14 of
Public Law 96-184 and Public Law 101-551, $200,000,000, to remain
available until expended.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
Operations and Maintenance
(harbor maintenance trust fund)
For necessary expenses for operation and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by the
Saint Lawrence Seaway Development Corporation, $10,190,500, 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, $26,030,000, 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
$2,322,000 shall be transferred to the Bureau of Transportation
Statistics for the expenses necessary to conduct activities related to
Airline Statistics, and of which $272,000 shall remain available until
expended: Provided further, That up to $1,000,000 in fees collected
under 49 U.S.C. 5108(g) shall be deposited in the general fund of the
Treasury as offsetting receipts: Provided further, That there may be
credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and
dissemination.
Pipeline Safety
(pipeline safety fund)
For expenses necessary to conduct the functions of the pipeline
safety program for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107 and the Hazardous Liquid
Pipeline Safety Act of 1979, as amended, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990, $29,941,000,
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
$27,243,000 shall be derived from the Pipeline Safety Fund, of which
$19,423,000 shall remain available until September 30, 1998: Provided,
That from amounts made available herein from the Pipeline Safety Fund,
not to exceed $1,000,000 shall be available for grants to States for
the development and establishment of one-call notification systems.
Emergency Preparedness Grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5127(c), $400,000 to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 1998: Provided, That not more than $8,890,000 shall
be made available for obligation in fiscal year 1996 from amounts made
available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That no
such funds shall be made available for obligation by individuals other
than the Secretary of Transportation, or his designees.
OFFICE OF INSPECTOR GENERAL
Salaries and Expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$40,238,000.
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, $3,656,000: 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.
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), $160,802 to remain available until expended.
INTERSTATE COMMERCE COMMISSION
Salaries and Expenses
For necessary expenses of the Interstate Commerce Commission,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b), $13,379,000, of
which $4,984,000 shall be for severance and closing costs: Provided,
That of the fees collected in fiscal year 1996 by the Interstate
Commerce Commission pursuant to 31 U.S.C. 9701, one-twelfth of
$8,300,000 of those fees collected shall be made available for each
month the Commission remains in existence during fiscal year 1996.
Payments for Directed Rail Service
(limitation on obligations)
None of the funds provided in this Act shall be available for the
execution of programs the obligations for which can reasonably be
expected to exceed $475,000 for directed rail service authorized under
49 U.S.C. 11125 or any other Act.
PANAMA CANAL COMMISSION
Panama Canal Revolving Fund
For administrative expenses of the Panama Canal Commission,
including not to exceed $11,000 for official reception and
representation expenses of the Board; not to exceed $5,000 for official
reception and representation expenses of the Secretary; and not to
exceed $30,000 for official reception and representation expenses of
the Administrator, $50,741,000, to be derived from the Panama Canal
Revolving Fund: Provided, That funds available to the Panama Canal
Commission shall be available for the purchase of not to exceed 38
passenger motor vehicles for replacement only (including large heavy-
duty vehicles used to transport Commission personnel across the Isthmus
of Panama), the purchase price of which shall not exceed $19,500 per
vehicle.
TITLE III
GENERAL PROVISIONS
(including transfers of funds)
Sec. 301. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 302. Funds for the Panama Canal Commission may be apportioned
notwithstanding 31 U.S.C. 1341 to the extent necessary to permit
payment of such pay increases for officers or employees as may be
authorized by administrative action pursuant to law that are not in
excess of statutory increases granted for the same period in
corresponding rates of compensation for other employees of the
Government in comparable positions.
Sec. 303. Funds appropriated under this Act for expenditures by the
Federal Aviation Administration shall be available (1) except as
otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236-
244), for expenses of primary and secondary schooling for dependents of
Federal Aviation Administration personnel stationed outside the
continental United States at costs for any given area not in excess of
those of the Department of Defense for the same area, when it is
determined by the Secretary that the schools, if any, available in the
locality are unable to provide adequately for the education of such
dependents, and (2) for transportation of said dependents between
schools serving the area that they attend and their places of residence
when the Secretary, under such regulations as may be prescribed,
determines that such schools are not accessible by public means of
transportation on a regular basis.
Sec. 304. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 305. None of the funds for the Panama Canal Commission may be
expended unless in conformance with the Panama Canal Treaties of 1977
and any law implementing those treaties.
Sec. 306. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 307. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 308. The Secretary of Transportation may enter into grants,
cooperative agreements, and other transactions with any person, agency,
or instrumentality of the United States, any unit of State or local
government, any educational institution, and any other entity in
execution of the Technology Reinvestment Project authorized under the
Defense Conversion, Reinvestment and Transition Assistance Act of 1992
and related legislation: Provided, That the authority provided in this
section may be exercised without regard to section 3324 of title 31,
United States Code.
Sec. 309. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to section
3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 310. (a) For fiscal year 1996 the Secretary of Transportation
shall distribute the obligation limitation for Federal-aid highways by
allocation in the ratio which sums authorized to be appropriated for
Federal-aid highways that are apportioned or allocated to each State
for such fiscal year bear to the total of the sums authorized to be
appropriated for Federal-aid highways that are apportioned or allocated
to all the States for such fiscal year.
(b) During the period October 1 through December 31, 1995, no State
shall obligate more than 25 per centum of the amount distributed to
such State under subsection (a), and the total of all State obligations
during such period shall not exceed 12 per centum of the total amount
distributed to all States under such subsection.
(c) Notwithstanding subsections (a) and (b), the Secretary shall--
(1) provide all States with authority sufficient to prevent
lapses of sums authorized to be appropriated for Federal-aid
highways that have been apportioned to a State;
(2) after August 1, 1996, revise a distribution of the
funds made available under subsection (a) if a State will not
obligate the amount distributed during that fiscal year and
redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year giving priority to those States having
large unobligated balances of funds apportioned under sections
103(e)(4), 104, and 144 of title 23, United States Code, and
under sections 1013(c) and 1015 of Public Law 102-240; and
(3) not distribute amounts authorized for administrative
expenses and funded from the administrative takedown authorized
by section 104(a), title 23 U.S.C., the Federal lands highway
program, the intelligent vehicle highway systems program, and
amounts made available under sections 1040, 1047, 1064, 6001,
6005, 6006, 6023, and 6024 of Public Law 102-240, and 49 U.S.C.
5316, 5317, and 5338: Provided, That amounts made available
under section 6005 of Public Law 102-240 shall be subject to
the obligation limitation for Federal-aid highways and highway
safety construction programs under the head ``Federal-Aid
Highways'' in this Act.
(d) During the period October 1 through December 31, 1995, the
aggregate amount of obligations under section 157 of title 23, United
States Code, for projects covered under section 147 of the Surface
Transportation Assistance Act of 1978, section 9 of the Federal-Aid
Highway Act of 1981, sections 131(b), 131(j), and 404 of Public Law 97-
424, sections 1061, 1103 through 1108, 4008, and 6023(b)(8) and
6023(b)(10) of Public Law 102-240, and for projects authorized by
Public Law 99-500 and Public Law 100-17, shall not exceed $277,431,840.
(e) During the period August 2 through September 30, 1996, the
aggregate amount which may be obligated by all States pursuant to
paragraph (d) shall not exceed 2.5 percent of the aggregate amount of
funds apportioned or allocated to all States--
(1) under sections 104 and 144 of title 23, United States
Code, and 1013(c) and 1015 of Public Law 102-240, and
(2) for highway assistance projects under section 103(e)(4)
of title 23, United States Code,
which would not be obligated in fiscal year 1996 if the total amount of
the obligation limitation provided for such fiscal year in this Act
were utilized.
(f) Paragraph (e) shall not apply to any State which on or after
August 1, 1996, has the amount distributed to such State under
paragraph (a) for fiscal year 1996 reduced under paragraph (c)(2).
Sec. 311. None of the funds in this Act shall be available for
salaries and expenses of more than one hundred and ten political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 312. The limitation on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation under the
discretionary grants program.
Sec. 313. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 314. Such sums as may be necessary for fiscal year 1996 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 315. Funds received by the Research and Special Programs
Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training and
for reports' publication and dissemination may be credited to the
Research and Special Programs account.
Sec. 316. None of the funds in this Act shall be available to plan,
finalize, or implement regulations that would establish a vessel
traffic safety fairway less than five miles wide between the Santa
Barbara Traffic Separation Scheme and the San Francisco Traffic
Separation Scheme.
Sec. 317. Notwithstanding any other provision of law, airports may
transfer, without consideration, to the Federal Aviation Administration
(FAA) instrument landing systems (along with associated approach
lighting equipment and runway visual range equipment) which conform to
FAA design and performance specifications, the purchase of which was
assisted by a Federal airport aid program, airport development aid
program or airport improvement program grant. The FAA shall accept such
equipment, which shall thereafter be operated and maintained by the FAA
in accordance with agency criteria.
Sec. 318. None of the funds in this Act shall be available to award
a multiyear contract for production end items that (1) includes
economic order quantity or long lead time material procurement in
excess of $10,000,000 in any one year of the contract or (2) includes a
cancellation charge greater than $10,000,000 which at the time of
obligation has not been appropriated to the limits of the government's
liability or (3) includes a requirement that permits performance under
the contract during the second and subsequent years of the contract
without conditioning such performance upon the appropriation of funds:
Provided, That this limitation does not apply to a contract in which
the Federal Government incurs no financial liability from not buying
additional systems, subsystems, or components beyond the basic contract
requirements.
Sec. 319. None of the funds provided in this Act shall be made
available for planning and executing a passenger manifest program by
the Department of Transportation that only applies to United States
flag carriers.
Sec. 320. None of the funds made available in this Act may be used
to implement, administer, or enforce the provisions of section 1038(d)
of Public Law 102-240.
Sec. 321. Notwithstanding any other provision of law, and except
for fixed guideway modernization projects, funds made available by this
Act under ``Federal Transit Administration, Discretionary grants'' for
projects specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 1998, shall be made available
for other projects under 49 U.S.C. 5309.
Sec. 322. Notwithstanding any other provision of law, any funds
appropriated before October 1, 1993, under any section of chapter 53 of
title 49 U.S.C., that remain available for expenditure may be
transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 323. None of the funds in this Act shall be available to
implement or enforce regulations that would result in the withdrawal of
a slot from an air carrier at O'Hare International Airport under
section 93.223 of title 14 of the Code of Federal Regulations in excess
of the total slots withdrawn from that air carrier as of October 31,
1993 if such additional slot is to be allocated to an air carrier or
foreign air carrier under section 93.217 of title 14 of the Code of
Federal Regulations.
Sec. 324. None of the funds made available by this Act may be
obligated or expended to design, construct, erect, modify or otherwise
place any sign in any State relating to any speed limit, distance, or
other measurement on any highway if such sign establishes such speed
limit, distance, or other measurement using the metric system.
Sec. 325. Notwithstanding any other provisions of law, tolls
collected for motor vehicles on any bridge connecting the boroughs of
Brooklyn, New York, and Staten Island, New York, shall continue to be
collected for only those vehicles exiting from such bridge in Staten
Island.
Sec. 326. None of the funds in this Act may be used to compensate
in excess of 335 technical staff years under the federally-funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 1996.
Sec. 327. Funds provided in this Act for the Department of
Transportation working capital fund (WCF) shall be reduced by
$10,000,000, which limits fiscal year 1996 WCF obligational authority
for elements of the Department of Transportation funded in this Act to
no more than $92,231,000: Provided, That such reductions from the
budget request shall be allocated by the Department of Transportation
to each appropriations account in proportion to the amount included in
each account for the working capital fund.
Sec. 328. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration
from States, counties, municipalities, other public authorities, and
private sources for expenses incurred for training may be credited
respectively to the Federal Highway Administration's ``Limitation on
General Operating Expenses'' account, the Federal Transit
Administration's ``Transit Planning and Research'' account, and to the
Federal Railroad Administration's ``Railroad Safety'' account, except
for State rail safety inspectors participating in training pursuant to
49 U.S.C. 20105.
Sec. 329. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
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) 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 the Department's
surface transportation field offices: Provided further, That the
Secretary may for the purpose of consolidation of offices and
facilities other than those at Headquarters, after notification to and
approval of the House and Senate Committees on Appropriations, transfer
the funds made available by this Act for civilian and military
personnel compensation and benefits and other administrative expenses
to other appropriations made available to the Department of
Transportation as the Secretary may designate, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations of funds to which transferred: Provided further, That no
appropriation shall be increased or decreased by more than ten per
centum by all such transfers.
Sec. 336. The Secretary of Transportation is authorized to transfer
funds appropriated for any office of the Office of the Secretary 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 as airport self-sustaining as
possible or the prohibition against revenue diversion in the Airport
and Airway Improvement Act of 1982 (49 U.S.C. 47107) against Hot
Springs Memorial Field in Hot Springs, Arkansas, on the grounds of such
airport's failure to collect fair market rental value for the
facilities known as Kimery Park and Family Park: Provided, That any
fees collected by any person for the use of such parks above those
required for the operation and maintenance of such parks shall be
remitted to such airport: Provided further, That the Federal Aviation
Administration does not find that any use of, or structures on, Kimery
Park and Family Park are incompatible with the safe and efficient use
of the airport.
Sec. 339. (a) Except as provided in subsection (b) of this section,
180 days after attaining eligibility for an immediate retirement
annuity under 5 U.S.C. 8336 or 5 U.S.C. 8412, an individual shall not
be eligible to receive compensation under 5 U.S.C. 8105-8106 resulting
from work injuries associated with employment with the Department of
Transportation (excluding the Maritime Administration).
(b) An individual who, on the date of enactment of this Act, is
eligible to receive an immediate annuity described in subsection (a)
may continue to receive such compensation under 5 U.S.C. 8105-8106
until March 31, 1996.
Sec. 340. None of the funds in this Act shall be available to pay
the salaries and expenses of any individual to arrange tours of
scientists or engineers employed by or working for the People's
Republic of China, to hire citizens of the People's Republic of China
to participate in research fellowships sponsored by the Federal Highway
Administration or other modal administrations of the Department of
Transportation, or to provide training or any form of technology
transfer to scientists or engineers employed by or working for the
People's Republic of China.
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.
TITLE IV--PROVIDING FOR THE ADOPTION OF MANDATORY STANDARDS AND
PROCEDURES GOVERNING THE ACTIONS OF ARBITRATORS IN THE ARBITRATION OF
LABOR DISPUTES INVOLVING TRANSIT AGENCIES OPERATING IN THE NATIONAL
CAPITAL AREA
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 operating 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
jurisdictions 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;
(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.
TITLE V
ADDITIONAL GENERAL PROVISIONS
Sec. 501. None of the funds made available in this Act may be used
for improvements to the Miller Highway in New York City, New York.
This Act may be cited as the ``Department of Transportation and
Related Agencies Appropriations Act, 1996''.
Passed the House of Representatives July 25, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
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