```

[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.
HR 2002 RFS----2
HR 2002 RFS----3
HR 2002 RFS----4
HR 2002 RFS----5
```