IB

Union Calendar No. 88

104TH CONGRESS

1ST SESSION H. R. 2002

[Report No. 104–177]

Making appropriations for the Department of Transportation and related

agencies for the fiscal year ending September 30, 1996, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 11, 1995

Mr. WOLF, from the Committee on Appropriations, reported the following bill;

which was committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

A BILL

Making appropriations for the Department of Transportation

and related agencies for the fiscal year ending September

30, 1996, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Department of Transportation and related agencies for
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1 the fiscal year ending September 30, 1996, and for other

2 purposes, namely:

3 TITLE I

4 DEPARTMENT OF TRANSPORTATION

5 OFFICE OF THE SECRETARY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Secretary,

8 $55,011,500, of which not to exceed $40,000 shall be

9 available as the Secretary may determine for allocation

10 within the Department for official reception and represen11 tation expenses: Provided, That notwithstanding any other

12 provision of law, there may be credited to this appropria13 tion up to $1,000,000 in funds received in user fees estab14 lished to support the electronic tariff filing system: Pro15 vided further, That none of the funds appropriated in this

16 Act or otherwise made available may be used to maintain

17 duplicate physical copies of airline tariffs that are already

18 available for public and departmental access at no cost;

19 to secure them against detection, alteration, or tampering;

20 or open them to inspection by the Department.

21 OFFICE OF CIVIL RIGHTS

22 For necessary expenses of the Office of Civil Rights,

23 $6,554,000, and in addition, $809,000, to be derived from

24 ‘‘Federal-aid Highways’’ subject to the ‘‘Limitation on

25 General Operating Expenses’’.
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1 TRANSPORTATION PLANNING, RESEARCH, AND

2 DEVELOPMENT

3 For necessary expenses for conducting transportation

4 planning, research, systems development, and development

5 activities, to remain available until expended, $3,309,000.

6 WORKING CAPITAL FUND

7 Necessary expenses for operating costs and capital

8 outlays of the Department of Transportation Working

9 Capital Fund associated with the provision of services to

10 entities within the Department of Transportation, not to

11 exceed $102,231,000 shall be paid, in accordance with

12 law, from appropriations made available to the Depart13 ment of Transportation.

14 PAYMENTS TO AIR CARRIERS

15 (LIQUIDATION OF CONTRACT AUTHORIZATION)

16 (AIRPORT AND AIRWAY TRUST FUND)

17 (INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

18 For liquidation of obligations incurred for payments

19 to air carriers of so much of the compensation fixed and

20 determined under subchapter II of chapter 417 of title 49,

21 United States Code, as is payable by the Department of

22 Transportation, $15,000,000, to remain available until ex23 pended and to be derived from the Airport and Airway

24 Trust Fund: Provided, That none of the funds in this Act

25 shall be available for the implementation or execution of

26 programs in excess of $15,000,000 for the Payments to
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1 Air Carriers program in fiscal year 1996: Provided further,

2 That none of the funds in this Act shall be used by the

3 Secretary of Transportation to make payment of com4 pensation under subchapter II of chapter 417 of title 49,

5 United States Code, in excess of the appropriation in this

6 Act for liquidation of obligations incurred under the ‘‘Pay7 ments to air carriers’’ program: Provided further, That

8 none of the funds in this Act shall be used for the payment

9 of claims for such compensation except in accordance with

10 this provision: Provided further, That none of the funds

11 in this Act shall be available for service to communities

12 in the forty-eight contiguous States that are located fewer

13 than seventy highway miles from the nearest large or me14 dium hub airport, or that require a rate of subsidy per

15 passenger in excess of $200 unless such point is greater

16 than two hundred and ten miles from the nearest large

17 or medium hub airport: Provided further, That of funds

18 provided for ‘‘Small Community Air Service’’ by Public

19 Law 101–508, $23,600,000 in fiscal year 1996 is hereby

20 rescinded: Provided further, That, notwithstanding any

21 other provision of law, effective January 1, 1996 no point

22 in the 48 contiguous States and Hawaii eligible for com23 pensated transportation in fiscal year 1996 under sub24 chapter II of chapter 417 of title 49, United States Code,

25 including 49 U.S.C. 41734(d), shall receive such transpor-
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1 tation unless a State, local government, or other non-Fed2 eral entity agrees to pay at least fifty percent of the cost

3 of providing such transportation, as determined by the

4 Secretary of Transportation: Provided further, That the

5 Secretary may require the entity or entities agreeing to

6 pay such amounts to make advance payments or provide

7 other security to ensure that timely payments are made:

8 Provided further, That, notwithstanding any other provi9 sion of law, points covered by the cost-sharing provisions

10 under this head for which no State, local government, or

11 non-Federal entity agrees to pay at least fifty percent of

12 the cost of providing such transportation shall receive a

13 reduced level of service in fiscal year 1996, to be deter14 mined by the Secretary as follows: The Secretary shall

15 subtract from the funds made available in this Act so

16 much as is needed to provide compensation to all eligible

17 points for which a State, local government, or other non18 Federal entity agrees to pay at least fifty percent of the

19 cost of providing such transportation, and, with remaining

20 funds, allocate to each other point an amount reduced by

21 the ratio of the remainder calculated above to all funds

22 made available in this Act: Provided further, That the Sec23 retary shall allocate any funds that become unallocated as

24 the year progresses to those points for which a State, local

25 government, or other non-Federal entity does not agree
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1 to pay at least fifty percent of the cost of such transpor2 tation.

3 PAYMENTS TO AIR CARRIERS

4 (RESCISSION)

5 Of the budgetary resources remaining available under

6 this heading, $6,786,971 are rescinded.

7 RENTAL PAYMENTS

8 For necessary expenses for rental of headquarters

9 and field space not to exceed 8,580,000 square feet and

10 for related services assessed by the General Services Ad11 ministration, $130,803,000: Provided, That of this

12 amount, $1,897,000 shall be derived from the Highway

13 Trust Fund, $41,441,000 shall be derived from the Air14 port and Airway Trust Fund, $836,000 shall be derived

15 from the Pipeline Safety Fund, and $169,000 shall be de16 rived from the Harbor Maintenance Trust Fund: Provided

17 further, That in addition, for assessments by the General

18 Services Administration related to the space needs of the

19 Federal Highway Administration, $17,099,000, to be de20 rived from ‘‘Federal-aid Highways’’, subject to the ‘‘Limi21 tation on General Operating Expenses’’.

22 MINORITY BUSINESS RESOURCE CENTER PROGRAM

23 For the cost of direct loans, $1,500,000, as author24 ized by 49 U.S.C. 332: Provided, That such costs, includ25 ing the cost of modifying such loans, shall be as defined
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1 in section 502 of the Congressional Budget Act of 1974:

2 Provided further, That these funds are available to sub3 sidize gross obligations for the principal amount of direct

4 loans not to exceed $15,000,000. In addition, for adminis5 trative expenses to carry out the direct loan program,

6 $400,000.

7 MINORITY BUSINESS OUTREACH

8 For necessary expenses of the Minority Business Re9 source Center outreach activities, $2,900,000, of which

10 $2,642,000 shall remain available until September 30,

11 1997.

12 COAST GUARD

13 OPERATING EXPENSES

14 For necessary expenses for the operation and mainte15 nance of the Coast Guard, not otherwise provided for; pur16 chase of not to exceed five passenger motor vehicles for

17 replacement only; payments pursuant to section 156 of

18 Public Law 97–377, as amended (42 U.S.C. 402 note),

19 and section 229(b) of the Social Security Act (42 U.S.C.

20 429(b)); and recreation and welfare; $2,566,000,000, of

21 which $25,000,000 shall be derived from the Oil Spill Li22 ability Trust Fund; and of which $25,000,000 shall be ex23 pended from the Boat Safety Account: Provided, That the

24 number of aircraft on hand at any one time shall not ex25 ceed two hundred and eighteen, exclusive of aircraft and
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1 parts stored to meet future attrition: Provided further,

2 That none of the funds appropriated in this or any other

3 Act shall be available for pay or administrative expenses

4 in connection with shipping commissioners in the United

5 States: Provided further, That none of the funds provided

6 in this Act shall be available for expenses incurred for

7 yacht documentation under 46 U.S.C. 12109, except to

8 the extent fees are collected from yacht owners and cred9 ited to this appropriation: Provided further, That the Com10 mandant shall reduce both military and civilian employ11 ment levels for the purpose of complying with Executive

12 Order No. 12839: Provided further, That of the funds pro13 vided for operating expenses for fiscal year 1996, in this

14 or any other Act, not less than $314,200,000 shall be

15 available for drug enforcement activities.

16 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses of acquisition, construction,

19 renovation, and improvement of aids to navigation, shore

20 facilities, vessels, and aircraft, including equipment related

21 thereto, $375,175,000, of which $32,500,000 shall be de22 rived from the Oil Spill Liability Trust Fund; of which

23 $191,200,000 shall be available to acquire, repair, ren24 ovate or improve vessels, small boats and related equip25 ment, to remain available until September 30, 2000;
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1 $16,500,000 shall be available to acquire new aircraft and

2 increase aviation capability, to remain available until Sep3 tember 30, 1998; $42,200,000 shall be available for other

4 equipment, to remain available until September 30, 1998;

5 $82,275,000 shall be available for shore facilities and aids

6 to navigation facilities, to remain available until Septem7 ber 30, 1998; and $43,000,000 shall be available for per8 sonnel compensation and benefits and related costs, to re9 main available until September 30, 1996: Provided, That

10 funds received from the sale of the VC–11A and HU–25

11 aircraft shall be credited to this appropriation for the pur12 pose of acquiring new aircraft and increasing aviation ca13 pacity: Provided further, That the Secretary may transfer

14 funds between projects under this head, not to exceed

15 $50,000,000 in total for the fiscal year, thirty days after

16 notification to the House and Senate Committees on Ap17 propriations, solely for the purpose of providing funds for

18 facility renovation, construction, exit costs, and other im19 plementation costs associated with Coast Guard streamlin20 ing plans.

21 ENVIRONMENTAL COMPLIANCE AND RESTORATION

22 For necessary expenses to carry out the Coast

23 Guard’s environmental compliance and restoration func24 tions under chapter 19 of title 14, United States Code,

25 $21,000,000, to remain available until expended.
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1 ALTERATION OF BRIDGES

2 For necessary expenses for alteration or removal of

3 obstructive bridges, $16,000,000, to remain available until

4 expended.

5 RETIRED PAY

6 For retired pay, including the payment of obligations

7 therefor otherwise chargeable to lapsed appropriations for

8 this purpose, and payments under the Retired Service9 man’s Family Protection and Survivor Benefits Plans, and

10 for payments for medical care of retired personnel and

11 their dependents under the Dependents Medical Care Act

12 (10 U.S.C. ch. 55), $582,022,000.

13 RESERVE TRAINING

14 For all necessary expenses for the Coast Guard Re15 serve, as authorized by law; maintenance and operation

16 of facilities; and supplies, equipment, and services;

17 $61,859,000.

18 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

19 For necessary expenses, not otherwise provided for,

20 for applied scientific research, development, test, and eval21 uation; maintenance, rehabilitation, lease and operation of

22 facilities and equipment, as authorized by law,

23 $18,500,000, to remain available until expended, of which

24 $3,150,000 shall be derived from the Oil Spill Liability

25 Trust Fund: Provided, That there may be credited to this
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1 appropriation funds received from State and local govern2 ments, other public authorities, private sources, and for3 eign countries, for expenses incurred for research, develop4 ment, testing, and evaluation.

5 BOAT SAFETY

6 (AQUATIC RESOURCES TRUST FUND)

7 For payment of necessary expenses incurred for rec8 reational boating safety assistance under Public Law 92–

9 75, as amended, $20,000,000, to be derived from the Boat

10 Safety Account and to remain available until expended.

11 EMERGENCY FUND

12 (LIMITATION ON PERMANENT APPROPRIATION)

13 (OIL SPILL LIABILITY TRUST FUND)

14 Except as provided in emergency supplemental appro15 priations provided in other appropriations Acts for fiscal

16 year 1996, not more than $3,000,000 shall be obligated

17 or expended in fiscal year 1996 pursuant to section

18 6002(b) of the Oil Pollution Act of 1990 to carry out the

19 provisions of section 1012(a)(4) of that Act.

20 FEDERAL AVIATION ADMINISTRATION

21 OPERATIONS

22 For necessary expenses of the Federal Aviation Ad23 ministration, not otherwise provided for, including oper24 ations and research activities related to commercial space

25 transportation, administrative expenses for research and

26 development, establishment of air navigation facilities and
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1 the operation (including leasing) and maintenance of air2 craft, and carrying out the provisions of subchapter I of

3 chapter 471 of title 49, U.S. Code, or other provisions of

4 law authorizing the obligation of funds for similar pro5 grams of airport and airway development or improvement,

6 lease or purchase of four passenger motor vehicles for re7 placement only, $4,600,000,000, of which $1,871,500,000

8 shall be derived from the Airport and Airway Trust Fund:

9 Provided, That there may be credited to this appropriation

10 funds received from States, counties, municipalities, for11 eign authorities, other public authorities, and private

12 sources, for expenses incurred in the provision of aviation

13 services, including the maintenance and operation of air

14 navigation facilities and for issuance, renewal or modifica15 tion of certificates, including airman, aircraft, and repair

16 station certificates, or for tests related thereto, or for proc17 essing major repair or alteration forms: Provided further,

18 That funds may be used to enter into a grant agreement

19 with a nonprofit standard setting organization to assist

20 in the development of aviation safety standards: Provided

21 further, That none of the funds in this Act shall be avail22 able for new applicants for the second career training pro23 gram: Provided further, That none of the funds in this Act

24 shall be available for paying premium pay under 5 U.S.C.

25 5546(a) to any Federal Aviation Administration employee
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1 unless such employee actually performed work during the

2 time corresponding to such premium pay.

3 FACILITIES AND EQUIPMENT

4 (AIRPORT AND AIRWAY TRUST FUND)

5 For necessary expenses, not otherwise provided for,

6 for acquisition, establishment, and improvement by con7 tract or purchase, and hire of air navigation and experi8 mental facilities and equipment as authorized under part

9 A of subtitle VII of title 49, U.S. Code, including initial

10 acquisition of necessary sites by lease or grant; engineer11 ing and service testing, including construction of test fa12 cilities and acquisition of necessary sites by lease or grant;

13 and construction and furnishing of quarters and related

14 accommodations for officers and employees of the Federal

15 Aviation Administration stationed at remote localities

16 where such accommodations are not available; and the

17 purchase, lease, or transfer of aircraft from funds avail18 able under this head; to be derived from the Airport and

19 Airway Trust Fund, $2,000,000,000, of which

20 $1,784,000,000 shall remain available until September 30,

21 1998, and of which $216,000,000 shall remain available

22 until September 30, 1996: Provided, That there may be

23 credited to this appropriation funds received from States,

24 counties, municipalities, other public authorities, and pri-
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1 vate sources, for expenses incurred in the establishment

2 and modernization of air navigation facilities.

3 FACILITIES AND EQUIPMENT

4 (AIRPORT AND AIRWAY TRUST FUND)

5 (RESCISSION)

6 Of the available balances under this heading,

7 $60,000,000 are rescinded.

8 RESEARCH, ENGINEERING, AND DEVELOPMENT

9 (AIRPORT AND AIRWAY TRUST FUND)

10 For necessary expenses, not otherwise provided for,

11 for research, engineering, and development, as authorized

12 under part A of subtitle VII of title 49, U.S.C., including

13 construction of experimental facilities and acquisition of

14 necessary sites by lease or grant, $143,000,000, to be de15 rived from the Airport and Airway Trust Fund and to re16 main available until September 30, 1998: Provided, That

17 there may be credited to this appropriation funds received

18 from States, counties, municipalities, other public authori19 ties, and private sources, for expenses incurred for re20 search, engineering, and development.

21 GRANTS-IN-AID FOR AIRPORTS

22 (LIQUIDATION OF CONTRACT AUTHORIZATION)

23 (AIRPORT AND AIRWAY TRUST FUND)

24 For liquidation of obligations incurred for grants-in25 aid for airport planning and development, and for noise

26 compatibility planning and programs as authorized under
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1 subchapter I of chapter 471 and subchapter I of chapter

2 475 of title 49, U.S. Code, and under other law authoriz3 ing such obligations, $1,500,000,000, to be derived from

4 the Airport and Airway Trust Fund and to remain avail5 able until expended: Provided, That none of the funds in

6 this Act shall be available for the planning or execution

7 of programs the obligations for which are in excess of

8 $1,600,000,000 in fiscal year 1996 for grants-in-aid for

9 airport planning and development, and noise compatibility

10 planning and programs, notwithstanding section 47117(h)

11 of title 49, U.S. Code.

12 AVIATION INSURANCE REVOLVING FUND

13 The Secretary of Transportation is hereby authorized

14 to make such expenditures and investments, within the

15 limits of funds available pursuant to 49 U.S.C. 44307, and

16 in accordance with section 104 of the Government Cor17 poration Control Act, as amended (31 U.S.C. 9104), as

18 may be necessary in carrying out the program for aviation

19 insurance activities under chapter 443 of title 49, U.S.

20 Code.

21 AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM

22 None of the funds in this Act shall be available for

23 activities under this head the obligations for which are in

24 excess of $1,600,000 during fiscal year 1996.
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1 FEDERAL HIGHWAY ADMINISTRATION

2 LIMITATION ON GENERAL OPERATING EXPENSES

3 Necessary expenses for administration, operation, in4 cluding motor carrier safety program operations, and re5 search of the Federal Highway Administration not to ex6 ceed $495,381,000 shall be paid in accordance with law

7 from appropriations made available by this Act to the Fed8 eral Highway Administration together with advances and

9 reimbursements received by the Federal Highway Admin10 istration: Provided, That $190,667,000 of the amount pro11 vided herein shall remain available until September 30,

12 1998.

13 HIGHWAY-RELATED SAFETY GRANTS

14 (LIQUIDATION OF CONTRACT AUTHORIZATION)

15 (HIGHWAY TRUST FUND)

16 (INCLUDING TRANSFER OF FUNDS)

17 For payment of obligations incurred in carrying out

18 the provisions of title 23, United States Code, section 402

19 administered by the Federal Highway Administration, to

20 remain available until expended, $10,000,000, to be de21 rived from the Highway Trust Fund: Provided, That not

22 to exceed $100,000 of the amount made available herein

23 shall be available for ‘‘Limitation on general operating ex24 penses’’: Provided further, That none of the funds in this

25 Act shall be available for the planning or execution of pro26 grams the obligations for which are in excess of
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1 $10,000,000 in fiscal year 1996 for ‘‘Highway-Related

2 Safety Grants’’.

3 FEDERAL-AID HIGHWAYS

4 (LIMITATION ON OBLIGATIONS)

5 (HIGHWAY TRUST FUND)

6 None of the funds in this Act shall be available for

7 the implementation or execution of programs the obliga8 tions for which are in excess of $18,000,000,000 for Fed9 eral-aid highways and highway safety construction pro10 grams for fiscal year 1996.

11 FEDERAL-AID HIGHWAYS

12 (LIQUIDATION OF CONTRACT AUTHORIZATION)

13 (HIGHWAY TRUST FUND)

14 For carrying out the provisions of title 23, United

15 States Code, that are attributable to Federal-aid high16 ways, including the National Scenic and Recreational

17 Highway as authorized by 23 U.S.C. 148, not otherwise

18 provided, including reimbursements for sums expended

19 pursuant to the provisions of 23 U.S.C. 308,

20 $19,200,000,000 or so much thereof as may be available

21 in and derived from the Highway Trust Fund, to remain

22 available until expended.
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1 RIGHT-OF-WAY REVOLVING FUND

2 (LIMITATION ON DIRECT LOANS)

3 (HIGHWAY TRUST FUND)

4 None of the funds under this head are available for

5 obligations for right-of-way acquisition during fiscal year

6 1996.

7 MOTOR CARRIER SAFETY GRANTS

8 (LIQUIDATION OF CONTRACT AUTHORIZATION)

9 (HIGHWAY TRUST FUND)

10 For payment of obligations incurred in carrying out

11 49 U.S.C. 31102, $68,000,000, to be derived from the

12 Highway Trust Fund and to remain available until ex13 pended: Provided, That none of the funds in this Act shall

14 be available for the implementation or execution of pro15 grams the obligations for which are in excess of

16 $79,150,000 for ‘‘Motor Carrier Safety Grants’’.

17 NATIONAL HIGHWAY TRAFFIC SAFETY

18 ADMINISTRATION

19 OPERATIONS AND RESEARCH

20 For expenses necessary to discharge the functions of

21 the Secretary with respect to traffic and highway safety

22 under part C of subtitle VI of title 49, United States Code,

23 and chapter 301 of title 49, United States Code,

24 $73,316,570, of which $37,825,850 shall remain available

25 until September 30, 1998: Provided, That none of the

26 funds appropriated by this Act may be obligated or ex-
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1 pended to plan, finalize, or implement any rulemaking to

2 add to section 575.104 of title 49 of the Code of Federal

3 Regulations any requirement pertaining to a grading

4 standard that is different from the three grading stand5 ards (treadwear, traction, and temperature resistance) al6 ready in effect.

7 OPERATIONS AND RESEARCH

8 (HIGHWAY TRUST FUND)

9 For expenses necessary to discharge the functions of

10 the Secretary with respect to traffic and highway safety

11 under 23 U.S.C. 403 and section 2006 of the Intermodal

12 Surface Transportation Efficiency Act of 1991 (Public

13 Law 102–240), to be derived from the Highway Trust

14 Fund, $52,011,930, of which $32,770,670 shall remain

15 available until September 30, 1998.

16 OPERATIONS AND RESEARCH

17 (RESCISSIONS)

18 Of the amounts made available under this heading

19 in Public Law 103–331, Public Law 102–388, and Public

20 Law 101–516, $4,547,185 are rescinded from the national

21 advanced driving simulator project.

22 HIGHWAY TRAFFIC SAFETY GRANTS

23 (LIQUIDATION OF CONTRACT AUTHORIZATION)

24 (HIGHWAY TRUST FUND)

25 For payment of obligations incurred carrying out the

26 provisions of 23 U.S.C. 153, 402, 408, and 410, Chapter
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1 303 of title 49, United States Code, and section 209 of

2 Public Law 95–599, as amended, to remain available until

3 expended, $153,400,000, to be derived from the Highway

4 Trust Fund: Provided, That, notwithstanding subsection

5 2009(b) of the Intermodal Surface Transportation Effi6 ciency Act of 1991, none of the funds in this Act shall

7 be available for the planning or execution of programs the

8 total obligations for which, in fiscal year 1996, are in ex9 cess of $153,400,000 for programs authorized under 23

10 U.S.C. 402 and 410, as amended, of which $126,000,000

11 shall be for ‘‘State and community highway safety

12 grants’’, $2,400,000 shall be for the ‘‘National Driver

13 Register’’, and $25,000,000 shall be for section 410 ‘‘Al14 cohol-impaired driving countermeasures programs’’: Pro15 vided further, That from the $126,000,000 provided under

16 ‘‘State and community highway safety grants’’,

17 $3,000,000 shall be made available for the ‘‘Safe commu18 nities’’ program in three States, notwithstanding the pro19 visions of 23 U.S.C. 402(c) and (g): Provided further, That

20 none of these funds shall be used for construction, reha21 bilitation or remodeling costs, or for office furnishings and

22 fixtures for State, local, or private buildings or structures:

23 Provided further, That none of these funds shall be used

24 to purchase automobiles or motorcycles for state, local, or

25 private usage: Provided further, That not to exceed
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1 $5,153,000 of the funds made available for section 402

2 may be available for administering ‘‘State and community

3 highway safety grants’’: Provided further, That not to ex4 ceed $500,000 of the funds made available for section 410

5 ‘‘Alcohol-impaired driving counter-measures programs’’

6 may be available for technical assistance to the States:

7 Provided further, That not to exceed $890,000 of the

8 funds made available for the ‘‘National Driver Register’’

9 may be available for administrative expenses.

10 FEDERAL RAILROAD ADMINISTRATION

11 OFFICE OF THE ADMINISTRATOR

12 For necessary expenses of the Federal Railroad Ad13 ministration, not otherwise provided for, $14,000,000, of

14 which $1,508,000 shall remain available until expended:

15 Provided, That none of the funds in this Act shall be avail16 able for the planning or execution of a program making

17 commitments to guarantee new loans under the Emer18 gency Rail Services Act of 1970, as amended, and no new

19 commitments to guarantee loans under section 211(a) or

20 211(h) of the Regional Rail Reorganization Act of 1973,

21 as amended, shall be made: Provided further, That, as part

22 of the Washington Union Station transaction in which the

23 Secretary assumed the first deed of trust on the property

24 and, where the Union Station Redevelopment Corporation

25 or any successor is obligated to make payments on such
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1 deed of trust on the Secretary’s behalf, including pay2 ments on and after September 30, 1988, the Secretary

3 is authorized to receive such payments directly from the

4 Union Station Redevelopment Corporation, credit them to

5 the appropriation charged for the first deed of trust, and

6 make payments on the first deed of trust with those funds:

7 Provided further, That such additional sums as may be

8 necessary for payment on the first deed of trust may be

9 advanced by the Administrator from unobligated balances

10 available to the Federal Railroad Administration, to be re11 imbursed from payments received from the Union Station

12 Redevelopment Corporation.

13 RAILROAD SAFETY

14 For necessary expenses in connection with railroad

15 safety, not otherwise provided for, $49,940,660, of which

16 $2,687,000 shall remain available until expended.

17 RAILROAD RESEARCH AND DEVELOPMENT

18 For necessary expenses for railroad research and de19 velopment, $21,000,000, to remain available until ex20 pended.

21 NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

22 For necessary expenses related to Northeast Corridor

23 improvements authorized by title VII of the Railroad Revi24 talization and Regulatory Reform Act of 1976, as amend25 ed (45 U.S.C. 851 et seq.) and 49 U.S.C. 24909,
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1 $100,000,000, to remain available until September 30,

2 1998.

3 RAILROAD REHABILITATION AND IMPROVEMENT

4 PROGRAM

5 The Secretary of Transportation is authorized to

6 issue to the Secretary of the Treasury notes or other obli7 gations pursuant to section 512 of the Railroad Revitaliza8 tion and Regulatory Reform Act of 1976 (Public Law 94–

9 210), as amended, in such amounts and at such times as

10 may be necessary to pay any amounts required pursuant

11 to the guarantee of the principal amount of obligations

12 under sections 511 through 513 of such Act, such author13 ity to exist as long as any such guaranteed obligation is

14 outstanding: Provided, That no new loan guarantee com15 mitments shall be made during fiscal year 1996.

16 NATIONAL MAGNETIC LEVITATION PROTOTYPE

17 DEVELOPMENT

18 (LIMITATION ON OBLIGATIONS)

19 (HIGHWAY TRUST FUND)

20 None of the funds in this Act shall be available for

21 the planning or execution of the National Magnetic Levita22 tion Prototype Development program as defined in sub23 sections 1036(b) and 1036(d)(1)(A) of the Intermodal

24 Surface Transportation Efficiency Act of 1991.
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1 NEXT GENERATION HIGH SPEED RAIL

2 For necessary expenses for Next Generation High

3 Speed Rail technology development and demonstrations,

4 $10,000,000, to remain available until expended.

5 TRUST FUND SHARE OF NEXT GENERATION HIGH

6 SPEED RAIL

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (HIGHWAY TRUST FUND)

9 For grants and payment of obligations incurred in

10 carrying out the provisions of the High Speed Ground

11 Transportation program as defined in subsections 1036(c)

12 and 1036(d)(1)(B) of the Intermodal Surface Transpor13 tation Efficiency Act of 1991, including planning and en14 vironmental analyses, $5,000,000, to be derived from the

15 Highway Trust Fund and to remain available until ex16 pended: Provided, That none of the funds in this Act shall

17 be available for the implementation or execution of pro18 grams the obligations for which are in excess of

19 $5,000,000.

20 GRANTS TO THE NATIONAL RAILROAD PASSENGER

21 CORPORATION

22 To enable the Secretary of Transportation to make

23 grants to the National Railroad Passenger Corporation

24 authorized by 49 U.S.C. 24104, $628,000,000, of which

25 $336,000,000 shall be available for operating losses and

26 for mandatory passenger rail service payments,
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1 $62,000,000 shall be for transition costs incurred by the

2 Corporation, and $230,000,000 shall be for capital im3 provements: Provided, That none of the funds under this

4 head shall be made available until significant reforms (in5 cluding labor reforms) in authorizing legislation are en6 acted to restructure the National Railroad Passenger Cor7 poration: Provided further, That funding under this head

8 for capital improvements shall not be made available be9 fore July 1, 1996: Provided further, That none of the

10 funds herein appropriated shall be used for lease or pur11 chase of passenger motor vehicles or for the hire of vehicle

12 operators for any officer or employee, other than the presi13 dent of the Corporation, excluding the lease of passenger

14 motor vehicles for those officers or employees while in offi15 cial travel status.

16 FEDERAL TRANSIT ADMINISTRATION

17 ADMINISTRATIVE EXPENSES

18 For necessary administrative expenses of the Federal

19 Transit Administration’s programs authorized by chapter

20 53 of title 49, United States Code, $39,260,000.

21 FORMULA GRANTS

22 For necessary expenses to carry out 49 U.S.C. 5307,

23 5310(a)(2), 5311, and 5336, to remain available until ex24 pended, $890,000,000: Provided, That no more than

25 $2,000,000,000 of budget authority shall be available for
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1 these purposes: Provided further, That of the funds pro2 vided under this head for formula grants, no more than

3 $400,000,000 may be used for operating assistance under

4 49 U.S.C. 5336(d).

5 UNIVERSITY TRANSPORTATION CENTERS

6 For necessary expenses for university transportation

7 centers as authorized by 49 U.S.C. 5317(b), to remain

8 available until expended, $6,000,000.

9 TRANSIT PLANNING AND RESEARCH

10 For necessary expenses for transit planning and re11 search as authorized by 49 U.S.C. 5303, 5311, 5313,

12 5314, and 5315, to remain available until expended,

13 $82,250,000 of which $39,436,250 shall be for activities

14 under 49 U.S.C. 5303, $4,381,250 for activities under 49

15 U.S.C. 5311(b)(2), $8,051,250 for activities under 49

16 U.S.C. 5313(b), $19,480,000 for activities under 49

17 U.S.C. 5314, $8,051,251 for activities under 49 U.S.C.

18 5313(a), and $2,850,000 for activities under 49 U.S.C.

19 5315.

20 TRUST FUND SHARE OF EXPENSES

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (HIGHWAY TRUST FUND)

23 For payment of obligations incurred in carrying out

24 49 U.S.C. 5338(a), $1,120,850,000, to remain available

25 until expended and to be derived from the Highway Trust

26 Fund: Provided, That $1,110,000,000 shall be paid from
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1 the Mass Transit Account of the Highway Trust Fund to

2 the Federal Transit Administration’s formula grants ac3 count.

4 DISCRETIONARY GRANTS

5 (LIMITATION ON OBLIGATIONS)

6 (HIGHWAY TRUST FUND)

7 None of the funds in this Act shall be available for

8 the implementation or execution of programs the obliga9 tions for which are in excess of $1,665,000,000 in fiscal

10 year 1996 for grants under the contract authority in 49

11 U.S.C. 5338(b): Provided, That there shall be available for

12 fixed guideway modernization, $666,000,000; there shall

13 be available for the replacement, rehabilitation, and pur14 chase of buses and related equipment and the construction

15 of bus-related facilities, $333,000,000; and there shall be

16 available for new fixed guideway systems, $666,000,000,

17 to be available as follows:

18 $42,410,000 for the Atlanta-North Springs

19 project;

20 $17,500,000 for the South Boston Piers

21 (MOS–2) project;

22 $6,500,000 for the Canton-Akron-Cleveland

23 commuter rail project;

24 $2,000,000 for the Cincinnati Northeast/North25 ern Kentucky rail line project;
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1 $16,941,000 for the Dallas South Oak Cliff

2 LRT project;

3 $2,500,000 for the DART North Central light

4 rail extension project;

5 $5,000,000 for the Dallas-Fort Worth

6 RAILTRAN project;

7 $10,000,000 for the Florida Tri-County com8 muter rail project;

9 $22,630,000 for the Houston Regional Bus

10 project;

11 $12,500,000 for the Jacksonville ASE extension

12 project;

13 $125,000,000 for the Los Angeles Metro Rail

14 (MOS–3);

15 $10,000,000 for the Los Angeles-San Diego

16 commuter rail project;

17 $10,000,000 for the MARC commuter rail

18 project;

19 $3,000,000 for the Maryland Central Corridor

20 LRT project;

21 $2,000,000 for the Miami-North 27th Avenue

22 project;

23 $2,500,000 for the Memphis, Tennessee Re24 gional Rail Plan;
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1 $75,000,000 for the New Jersey Urban Core2 Secaucus project;

3 $10,000,000 for the New Orleans Canal Street

4 Corridor project;

5 $114,989,000 for the New York Queens Con6 nection project;

7 $5,000,000 for the Orange County Transitway

8 project;

9 $22,630,000 for the Pittsburgh Airport Phase

10 1 project;

11 $85,500,000 for the Portland Westside LRT

12 project;

13 $2,000,000 for the Sacramento LRT extension

14 project;

15 $10,000,000 for the St. Louis Metro Link LRT

16 project;

17 $5,000,000 for the Salt Lake City light rail

18 project: Provided, That such funding may be avail19 able only for related high-occupancy vehicle lane and

20 intermodal corridor design costs;

21 $10,000,000 for the San Francisco BART ex22 tension to the San Francisco airport project;

23 $15,000,000 for the San Juan, Puerto Rico

24 Tren Urbano project;
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1 $1,000,000 for the Tampa to Lakeland com2 muter rail project;

3 $5,000,000 for the Whitehall ferry terminal,

4 New York, New York; and

5 $14,400,000 for the Wisconsin central com6 muter project.

7 MASS TRANSIT CAPITAL FUND

8 (LIQUIDATION OF CONTRACT AUTHORIZATION)

9 (HIGHWAY TRUST FUND)

10 For payment of obligations incurred in carrying out

11 49 U.S.C. 5338(b) administered by the Federal Transit

12 Administration, $2,000,000,000 to be derived from the

13 Highway Trust Fund and to remain available until ex14 pended.

15 WASHINGTON METROPOLITAN AREA TRANSIT

16 AUTHORITY

17 For necessary expenses to carry out the provisions

18 of section 14 of Public Law 96–184 and Public Law 101–

19 551, $200,000,000, to remain available until expended.

20 SAINT LAWRENCE SEAWAY DEVELOPMENT

21 CORPORATION

22 The Saint Lawrence Seaway Development Corpora23 tion is hereby authorized to make such expenditures, with24 in the limits of funds and borrowing authority available

25 to the Corporation, and in accord with law, and to make

26 such contracts and commitments without regard to fiscal
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1 year limitations as provided by section 104 of the Govern2 ment Corporation Control Act, as amended, as may be

3 necessary in carrying out the programs set forth in the

4 Corporation’s budget for the current fiscal year.

5 OPERATIONS AND MAINTENANCE

6 (HARBOR MAINTENANCE TRUST FUND)

7 For necessary expenses for operation and mainte8 nance of those portions of the Saint Lawrence Seaway op9 erated and maintained by the Saint Lawrence Seaway De10 velopment Corporation, $10,190,500, to be derived from

11 the Harbor Maintenance Trust Fund, pursuant to Public

12 Law 99–662.

13 RESEARCH AND SPECIAL PROGRAMS

14 ADMINISTRATION

15 RESEARCH AND SPECIAL PROGRAMS

16 For expenses necessary to discharge the functions of

17 the Research and Special Programs Administration,

18 $26,030,000, of which $574,000 shall be derived from the

19 Pipeline Safety Fund, and of which $7,606,000 shall re20 main available until September 30, 1998: Provided, That

21 $2,322,000 shall be transferred to the Bureau of Trans22 portation Statistics for the expenses necessary to conduct

23 activities related to Airline Statistics, and of which

24 $272,000 shall remain available until expended: Provided

25 further, That up to $1,000,000 in fees collected under 49
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1 U.S.C. 5108(g) shall be deposited in the general fund of

2 the Treasury as offsetting receipts: Provided further, That

3 there may be credited to this appropriation funds received

4 from States, counties, municipalities, other public authori5 ties, and private sources for expenses incurred for train6 ing, for reports publication and dissemination.

7 PIPELINE SAFETY

8 (PIPELINE SAFETY FUND)

9 For expenses necessary to conduct the functions of

10 the pipeline safety program for grants-in-aid to carry out

11 a pipeline safety program, as authorized by 49 U.S.C.

12 60107 and the Hazardous Liquid Pipeline Safety Act of

13 1979, as amended, and to discharge the pipeline program

14 responsibilities of the Oil Pollution Act of 1990,

15 $29,941,000, of which $2,698,000 shall be derived from

16 the Oil Spill Liability Trust Fund and shall remain avail17 able until September 30, 1998; and of which $27,243,000

18 shall be derived from the Pipeline Safety Fund, of which

19 $19,423,000 shall remain available until September 30,

20 1998: Provided, That from amounts made available herein

21 from the Pipeline Safety Fund, not to exceed $1,000,000

22 shall be available for grants to States for the development

23 and establishment of one-call notification systems.
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1 EMERGENCY PREPAREDNESS GRANTS

2 (EMERGENCY PREPAREDNESS FUND)

3 For necessary expenses to carry out 49 U.S.C.

4 5127(c), $400,000 to be derived from the Emergency Pre5 paredness Fund, to remain available until September 30,

6 1998: Provided, That not more than $8,890,000 shall be

7 made available for obligation in fiscal year 1996 from

8 amounts made available by 49 U.S.C. 5116(i) and

9 5127(d): Provided further, That no such funds shall be

10 made available for obligation by individuals other than the

11 Secretary of Transportation, or his designees.

12 OFFICE OF INSPECTOR GENERAL

13 SALARIES AND EXPENSES

14 For necessary expenses of the Office of Inspector

15 General to carry out the provisions of the Inspector Gen16 eral Act of 1978, as amended, $40,238,000.

17 TITLE II

18 RELATED AGENCIES

19 ARCHITECTURAL AND TRANSPORTATION

20 BARRIERS COMPLIANCE BOARD

21 SALARIES AND EXPENSES

22 For expenses necessary for the Architectural and

23 Transportation Barriers Compliance Board, as authorized

24 by section 502 of the Rehabilitation Act of 1973, as

25 amended, $3,656,000: Provided, That, notwithstanding
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1 any other provision of law, there may be credited to this

2 appropriation funds received for publications and training

3 expenses.

4 NATIONAL TRANSPORTATION SAFETY BOARD

5 SALARIES AND EXPENSES

6 For necessary expenses of the National Transpor7 tation Safety Board, including hire of passenger motor ve8 hicles and aircraft; services as authorized by 5 U.S.C.

9 3109, but at rates for individuals not to exceed the per

10 diem rate equivalent to the rate for a GS–18; uniforms,

11 or allowances therefor, as authorized by law (5 U.S.C.

12 5901–5902), $38,774,000, of which not to exceed $1,000

13 may be used for official reception and representation ex14 penses.

15 EMERGENCY FUND

16 For necessary expenses of the National Transpor17 tation Safety Board for accident investigations, including

18 hire of passenger motor vehicles and aircraft; services as

19 authorized by 5 U.S.C. 3109, but at rates for individuals

20 not to exceed the per diem rate equivalent to the rate for

21 a GS–18; uniforms, or allowances therefor, as authorized

22 by law (5 U.S.C. 5901–5902), $160,802 to remain avail23 able until expended.
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1 INTERSTATE COMMERCE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Interstate Commerce

4 Commission, including services as authorized by 5 U.S.C.

5 3109, hire of passenger motor vehicles as authorized by

6 31 U.S.C. 1343(b), $13,379,000, of which $4,984,000

7 shall be for severance and closing costs: Provided, That

8 of the fees collected in fiscal year 1996 by the Interstate

9 Commerce Commission pursuant to 31 U.S.C. 9701, one10 twelfth of $8,300,000 of those fees collected shall be made

11 available for each month the Commission remains in exist12 ence during fiscal year 1996.

13 PAYMENTS FOR DIRECTED RAIL SERVICE

14 (LIMITATION ON OBLIGATIONS)

15 None of the funds provided in this Act shall be avail16 able for the execution of programs the obligations for

17 which can reasonably be expected to exceed $475,000 for

18 directed rail service authorized under 49 U.S.C. 11125 or

19 any other Act.

20 PANAMA CANAL COMMISSION

21 PANAMA CANAL REVOLVING FUND

22 For administrative expenses of the Panama Canal

23 Commission, including not to exceed $11,000 for official

24 reception and representation expenses of the Board; not

25 to exceed $5,000 for official reception and representation
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1 expenses of the Secretary; and not to exceed $30,000 for

2 official reception and representation expenses of the Ad3 ministrator, $50,741,000, to be derived from the Panama

4 Canal Revolving Fund: Provided, That funds available to

5 the Panama Canal Commission shall be available for the

6 purchase of not to exceed 38 passenger motor vehicles for

7 replacement only (including large heavy-duty vehicles used

8 to transport Commission personnel across the Isthmus of

9 Panama), the purchase price of which shall not exceed

10 $19,500 per vehicle.

11 TITLE III

12 GENERAL PROVISIONS

13 (INCLUDING TRANSFERS OF FUNDS)

14 SEC. 301. During the current fiscal year applicable

15 appropriations to the Department of Transportation shall

16 be available for maintenance and operation of aircraft;

17 hire of passenger motor vehicles and aircraft; purchase of

18 liability insurance for motor vehicles operating in foreign

19 countries on official department business; and uniforms,

20 or allowances therefor, as authorized by law (5 U.S.C.

21 5901–5902).

22 SEC. 302. Funds for the Panama Canal Commission

23 may be apportioned notwithstanding 31 U.S.C. 1341 to

24 the extent necessary to permit payment of such pay in25 creases for officers or employees as may be authorized by
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1 administrative action pursuant to law that are not in ex2 cess of statutory increases granted for the same period

3 in corresponding rates of compensation for other employ4 ees of the Government in comparable positions.

5 SEC. 303. Funds appropriated under this Act for ex6 penditures by the Federal Aviation Administration shall

7 be available (1) except as otherwise authorized by the Act

8 of September 30, 1950 (20 U.S.C. 236–244), for expenses

9 of primary and secondary schooling for dependents of Fed10 eral Aviation Administration personnel stationed outside

11 the continental United States at costs for any given area

12 not in excess of those of the Department of Defense for

13 the same area, when it is determined by the Secretary that

14 the schools, if any, available in the locality are unable to

15 provide adequately for the education of such dependents,

16 and (2) for transportation of said dependents between

17 schools serving the area that they attend and their places

18 of residence when the Secretary, under such regulations

19 as may be prescribed, determines that such schools are

20 not accessible by public means of transportation on a regu21 lar basis.

22 SEC. 304. Appropriations contained in this Act for

23 the Department of Transportation shall be available for

24 services as authorized by 5 U.S.C. 3109, but at rates for
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1 individuals not to exceed the per diem rate equivalent to

2 the rate for an Executive Level IV.

3 SEC. 305. None of the funds for the Panama Canal

4 Commission may be expended unless in conformance with

5 the Panama Canal Treaties of 1977 and any law imple6 menting those treaties.

7 SEC. 306. None of the funds in this Act shall be used

8 for the planning or execution of any program to pay the

9 expenses of, or otherwise compensate, non-Federal parties

10 intervening in regulatory or adjudicatory proceedings

11 funded in this Act.

12 SEC. 307. None of the funds appropriated in this Act

13 shall remain available for obligation beyond the current

14 fiscal year, nor may any be transferred to other appropria15 tions, unless expressly so provided herein.

16 SEC. 308. The Secretary of Transportation may enter

17 into grants, cooperative agreements, and other trans18 actions with any person, agency, or instrumentality of the

19 United States, any unit of State or local government, any

20 educational institution, and any other entity in execution

21 of the Technology Reinvestment Project authorized under

22 the Defense Conversion, Reinvestment and Transition As23 sistance Act of 1992 and related legislation: Provided,

24 That the authority provided in this section may be exer-
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1 cised without regard to section 3324 of title 31, United

2 States Code.

3 SEC. 309. The expenditure of any appropriation

4 under this Act for any consulting service through procure5 ment contract pursuant to section 3109 of title 5, United

6 States Code, shall be limited to those contracts where such

7 expenditures are a matter of public record and available

8 for public inspection, except where otherwise provided

9 under existing law, or under existing Executive order is10 sued pursuant to existing law.

11 SEC. 310. (a) For fiscal year 1996 the Secretary of

12 Transportation shall distribute the obligation limitation

13 for Federal-aid highways by allocation in the ratio which

14 sums authorized to be appropriated for Federal-aid high15 ways that are apportioned or allocated to each State for

16 such fiscal year bear to the total of the sums authorized

17 to be appropriated for Federal-aid highways that are ap18 portioned or allocated to all the States for such fiscal year.

19 (b) During the period October 1 through December

20 31, 1995, no State shall obligate more than 25 per centum

21 of the amount distributed to such State under subsection

22 (a), and the total of all State obligations during such pe23 riod shall not exceed 12 per centum of the total amount

24 distributed to all States under such subsection.
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1 (c) Notwithstanding subsections (a) and (b), the Sec2 retary shall—

3 (1) provide all States with authority sufficient

4 to prevent lapses of sums authorized to be appro5 priated for Federal-aid highways that have been ap6 portioned to a State;

7 (2) after August 1, 1996, revise a distribution

8 of the funds made available under subsection (a) if

9 a State will not obligate the amount distributed dur10 ing that fiscal year and redistribute sufficient

11 amounts to those States able to obligate amounts in

12 addition to those previously distributed during that

13 fiscal year giving priority to those States having

14 large unobligated balances of funds apportioned

15 under sections 103(e)(4), 104, and 144 of title 23,

16 United States Code, and under sections 1013(c) and

17 1015 of Public Law 102–240;

18 (3) not distribute amounts authorized for ad19 ministrative expenses and funded from the adminis20 trative takedown authorized by section 104(a), title

21 23 U.S.C., the Federal lands highway program, the

22 intelligent vehicle highway systems program, and

23 amounts made available under sections 1040, 1047,

24 1064, 6001, 6005, 6006, 6023, and 6024 of Public

25 Law 102–240, and 49 U.S.C. 5316, 5317, and
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1 5338: Provided, That amounts made available under

2 section 6005 of Public Law 102–240 shall be subject

3 to the obligation limitation for Federal-aid highways

4 and highway safety construction programs under the

5 head ‘‘Federal-Aid Highways’’ in this Act;

6 (d) During the period October 1 through December

7 31, 1995, the aggregate amount of obligations under sec8 tion 157 of title 23, United States Code, for projects cov9 ered under section 147 of the Surface Transportation As10 sistance Act of 1978, section 9 of the Federal-Aid High11 way Act of 1981, sections 131(b), 131(j), and 404 of Pub12 lic Law 97–424, sections 1061, 1103 through 1108, 4008,

13 and 6023(b)(8) and 6023(b)(10) of Public Law 102–240,

14 and for projects authorized by Public Law 99–500 and

15 Public Law 100–17, shall not exceed $277,431,840.

16 (e) During the period August 2 through September

17 30, 1996, the aggregate amount which may be obligated

18 by all States pursuant to paragraph (d) shall not exceed

19 2.5 percent of the aggregate amount of funds apportioned

20 or allocated to all States—

21 (1) under sections 104 and 144 of title 23,

22 United States Code, and 1013(c) and 1015 of Public

23 Law 102–240, and

24 (2) for highway assistance projects under sec25 tion 103(e)(4) of title 23, United States Code,
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1 which would not be obligated in fiscal year 1996 if the

2 total amount of the obligation limitation provided for such

3 fiscal year in this Act were utilized.

4 (f) Paragraph (e) shall not apply to any State which

5 on or after August 1, 1996, has the amount distributed

6 to such State under paragraph (a) for fiscal year 1996

7 reduced under paragraph (c)(2).

8 SEC. 311. None of the funds in this Act shall be avail9 able for salaries and expenses of more than one hundred

10 and ten political and Presidential appointees in the De11 partment of Transportation: Provided, That none of the

12 personnel covered by this provision may be assigned on

13 temporary detail outside the Department of Transpor14 tation.

15 SEC. 312. The limitation on obligations for the pro16 grams of the Federal Transit Administration shall not

17 apply to any authority under 49 U.S.C. 5338, previously

18 made available for obligation, or to any other authority

19 previously made available for obligation under the discre20 tionary grants program.

21 SEC. 313. None of the funds in this Act shall be used

22 to implement section 404 of title 23, United States Code.

23 SEC. 314. Such sums as may be necessary for fiscal

24 year 1996 pay raises for programs funded in this Act shall
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1 be absorbed within the levels appropriated in this Act or

2 previous appropriations Acts.

3 SEC. 315. Funds received by the Research and Spe4 cial Programs Administration from States, counties, mu5 nicipalities, other public authorities, and private sources

6 for expenses incurred for training and for reports’ publica7 tion and dissemination may be credited to the Research

8 and Special Programs account.

9 SEC. 316. None of the funds in this Act shall be avail10 able to plan, finalize, or implement regulations that would

11 establish a vessel traffic safety fairway less than five miles

12 wide between the Santa Barbara Traffic Separation

13 Scheme and the San Francisco Traffic Separation

14 Scheme.

15 SEC. 317. Notwithstanding any other provision of

16 law, airports may transfer, without consideration, to the

17 Federal Aviation Administration (FAA) instrument land18 ing systems (along with associated approach lighting

19 equipment and runway visual range equipment) which

20 conform to FAA design and performance specifications,

21 the purchase of which was assisted by a Federal airport

22 aid program, airport development aid program or airport

23 improvement program grant. The FAA shall accept such

24 equipment, which shall thereafter be operated and main25 tained by the FAA in accordance with agency criteria.
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1 SEC. 318. None of the funds in this Act shall be avail2 able to award a multiyear contract for production end

3 items that (1) includes economic order quantity or long

4 lead time material procurement in excess of $10,000,000

5 in any one year of the contract or (2) includes a cancella6 tion charge greater than $10,000,000 which at the time

7 of obligation has not been appropriated to the limits of

8 the government’s liability or (3) includes a requirement

9 that permits performance under the contract during the

10 second and subsequent years of the contract without con11 ditioning such performance upon the appropriation of

12 funds: Provided, That this limitation does not apply to a

13 contract in which the Federal Government incurs no fi14 nancial liability from not buying additional systems, sub15 systems, or components beyond the basic contract require16 ments.

17 SEC. 319. None of the funds provided in this Act

18 shall be made available for planning and executing a pas19 senger manifest program by the Department of Transpor20 tation that only applies to United States flag carriers.

21 SEC. 320. None of the funds made available in this

22 Act may be used to implement, administer, or enforce the

23 provisions of section 1038(d) of Public Law 102–240.

24 SEC. 321. Notwithstanding any other provision of

25 law, and except for fixed guideway modernization projects,
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1 funds made available by this Act under ‘‘Federal Transit

2 Administration, Discretionary grants’’ for projects speci3 fied in this Act or identified in reports accompanying this

4 Act not obligated by September 30, 1998, shall be made

5 available for other projects under 49 U.S.C. 5309.

6 SEC. 322. Notwithstanding any other provision of

7 law, any funds appropriated before October 1, 1993, under

8 any section of chapter 53 of title 49 U.S.C., that remain

9 available for expenditure may be transferred to and ad10 ministered under the most recent appropriation heading

11 for any such section.

12 SEC. 323. None of the funds in this Act shall be avail13 able to implement or enforce regulations that would result

14 in the withdrawal of a slot from an air carrier at O’Hare

15 International Airport under section 93.223 of title 14 of

16 the Code of Federal Regulations in excess of the total slots

17 withdrawn from that air carrier as of October 31, 1993

18 if such additional slot is to be allocated to an air carrier

19 or foreign air carrier under section 93.217 of title 14 of

20 the Code of Federal Regulations.

21 SEC. 324. None of the funds made available by this

22 Act may be obligated or expended to design, construct,

23 erect, modify or otherwise place any sign in any State re24 lating to any speed limit, distance, or other measurement
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1 on any highway if such sign establishes such speed limit,

2 distance, or other measurement using the metric system.

3 SEC. 325. Notwithstanding any other provisions of

4 law, tolls collected for motor vehicles on any bridge con5 necting the boroughs of Brooklyn, New York, and Staten

6 Island, New York, shall continue to be collected for only

7 those vehicles exiting from such bridge in Staten Island.

8 SEC. 326. None of the funds in this Act may be used

9 to compensate in excess of 335 technical staff years under

10 the federally-funded research and development center

11 contract between the Federal Aviation Administration

12 and the Center for Advanced Aviation Systems Develop13 ment during fiscal year 1996.

14 SEC. 327. Funds provided in this Act for the Depart15 ment of Transportation working capital fund (WCF) shall

16 be reduced by $10,000,000, which limits fiscal year 1996

17 WCF obligational authority for elements of the Depart18 ment of Transportation funded in this Act to no more

19 than $92,231,000: Provided, That such reductions from

20 the budget request shall be allocated by the Department

21 of Transportation to each appropriations account in pro22 portion to the amount included in each account for the

23 working capital fund.

24 SEC. 328. Funds received by the Federal Highway

25 Administration, Federal Transit Administration, and Fed-
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1 eral Railroad Administration from States, counties, mu2 nicipalities, other public authorities, and private sources

3 for expenses incurred for training may be credited respec4 tively to the Federal Highway Administration’s ‘‘Limita5 tion on General Operating Expenses’’ account, the Federal

6 Transit Administration’s ‘‘Transit Planning and Re7 search’’ account, and to the Federal Railroad Administra8 tion’s ‘‘Railroad Safety’’ account, except for State rail

9 safety inspectors participating in training pursuant to 49

10 U.S.C. 20105.

11 SEC. 329. (a) PURCHASE OF AMERICAN-MADE

12 EQUIPMENT AND PRODUCTS.—It is the sense of the Con13 gress that, to the greatest extent practicable, all equip14 ment and products purchased with funds made available

15 in this Act should be American-made.

16 (b) NOTICE REQUIREMENT.—In providing financial

17 assistance to, or entering into any contract with, any en18 tity using funds made available in this Act, the head of

19 each Federal agency, to the greatest extent practicable,

20 shall provide to such entity a notice describing the state21 ment made in subsection (a) by the Congress.

22 SEC. 330. None of the funds in this Act shall be avail23 able to prepare, propose, or promulgate any regulations

24 pursuant to title V of the Motor Vehicle Information and

25 Cost Savings Act (49 U.S.C. 32901, et seq.) prescribing
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1 corporate average fuel economy standards for automobiles,

2 as defined in such title, in any model year that differs

3 from standards promulgated for such automobiles prior to

4 enactment of this section.

5 SEC. 331. Section 30308(a) of title 49, United States

6 Code, is amended by inserting after ‘‘1995’’ ‘‘and

7 $2,400,000 for fiscal year 1996’’.

8 SEC. 332. Notwithstanding 15 U.S.C. 631 et seq. and

9 10 U.S.C. 2301 et seq. as amended, the United States

10 Coast Guard acquisition of 47-foot Motor Life Boats for

11 fiscal years 1995 through 2000 shall be subject to full and

12 open competition for all U.S. shipyards. Accordingly, the

13 Federal Acquisition Regulations (FAR) (including but not

14 limited to FAR Part 19), shall not apply to the extent

15 they are inconsistent with a full and open competition.

16 SEC. 333. None of the funds in this Act may be used

17 for planning, engineering, design, or construction of a

18 sixth runway at the new Denver International Airport,

19 Denver, Colorado: Provided, That this provision shall not

20 apply in any case where the Administrator of the Federal

21 Aviation Administration determines, in writing, that safe22 ty conditions warrant obligation of such funds.

23 SEC. 334. (a) Section 5302(a)(1) of title 49, United

24 States Code, is amended by striking—
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1 (1) in subparagraph (B), ‘‘that extends the eco2 nomic life of the bus for at least 5 years’’; and

3 (2) in subparagraph (C), ‘‘that extends the eco4 nomic life of the bus for at least 8 years’’.

5 (b) The amendments made by this section shall not

6 take effect before March 31, 1996.

7 SEC. 335. Notwithstanding 31 U.S.C. 3302, funds re8 ceived by the Bureau of Transportation Statistics from the

9 sale of data products, for necessary expenses incurred pur10 suant to the provisions of section 6006 of the Intermodal

11 Surface Transportation Efficiency Act of 1991, may be

12 credited to the Federal-aid highways account for the pur13 pose of reimbursing the Bureau for such expenses: Pro14 vided, That such funds shall not be subject to the obliga15 tion limitation for Federal-aid highways and highway safe16 ty construction.

17 SEC. 336. Of the budgetary resources provided to the

18 Department of Transportation (excluding the Maritime

19 Administration) during fiscal year 1996, $25,000,000 are

20 permanently canceled: Provided, That the Secretary of

21 Transportation shall reduce the existing field office struc22 ture, and to the extent practicable collocate the Depart23 ment’s surface transportation field offices: Provided fur24 ther, That the Secretary may for the purpose of consolida25 tion of offices and facilities other than those at Head-
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1 quarters, after notification to and approval of the House

2 and Senate Committees on Appropriations, transfer the

3 funds made available by this Act for civilian and military

4 personnel compensation and benefits and other adminis5 trative expenses to other appropriations made available to

6 the Department of Transportation as the Secretary may

7 designate, to be merged with and to be available for the

8 same purposes and for the same time period as the appro9 priations of funds to which transferred: Provided further,

10 That no appropriation shall be increased or decreased by

11 more than ten per centum by all such transfers.

12 SEC. 337. The Secretary of Transportation is author13 ized to transfer funds appropriated for any office of the

14 Office of the Secretary to ‘‘Rental payments’’ for any ex15 pense authorized by that appropriation in excess of the

16 amounts provided in this Act: Provided, That prior to any

17 such transfer, notification shall be provided to the House

18 and Senate Committees on Appropriations.

19 SEC. 338. None of the funds in this Act may be obli20 gated or expended for employee training which: (a) does

21 not meet identified needs for knowledge, skills and abilities

22 bearing directly upon the performance of official duties;

23 (b) contains elements likely to induce high levels of emo24 tional response or psychological stress in some partici25 pants; (c) does not require prior employee notification of
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1 the content and methods to be used in the training and

2 written end of course evaluations; (d) contains any meth3 ods or content associated with religious or quasi-religious

4 belief systems or ‘‘new age’’ belief systems as defined in

5 Equal Employment Opportunity Commission Notice N–

6 915.022, dated September 2, 1988; (e) is offensive to, or

7 designed to change, participants’ personal values or life8 style outside the workplace; or (f) includes content related

9 to human immunodeficiency virus/acquired immune defi10 ciency syndrome (HIV/AIDS) other than that necessary

11 to make employees more aware of the medical ramifica12 tions of HIV/AIDS and the workplace rights of HIV-posi13 tive employees.

14 SEC. 339. Notwithstanding any other provision of

15 law, facilities known as Kimery Park and Family Park lo16 cated on property of Hot Springs Memorial Field in Hot

17 Springs, Arkansas, shall not be considered airport prop18 erty used for nonaeronautical purposes the use of which

19 requires fair market rental value for the purposes of meet20 ing requirements of the Airport and Airway Improvement

21 Act of 1982, as amended, pertaining to airport revenue

22 diversion and maximization of airport revenue.

23 SEC. 340. (a) Except as provided in subsection (b)

24 of this section, 180 days after attaining eligibility for an

25 immediate retirement annuity under 5 U.S.C. 8336 or 5
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1 U.S.C. 8412, an individual shall not be eligible to receive

2 compensation under 5 U.S.C. 8105–8106 resulting from

3 work injuries associated with employment with the De4 partment of Transportation (excluding the Maritime Ad5 ministration).

6 (b) An individual who, on the date of enactment of

7 this Act, is eligible to receive an immediate annuity de8 scribed in subsection (a) may continue to receive such

9 compensation under 5 U.S.C. 8105–8106 until March 31,

10 1996.

11 SEC. 341. None of the funds in this Act shall be avail12 able to pay the salaries and expenses of any individual

13 to arrange tours of scientists or engineers employed by

14 or working for the People’s Republic of China, to hire citi15 zens of the People’s Republic of China to participate in

16 research fellowships sponsored by the Federal Highway

17 Administration or other modal administrations of the De18 partment of Transportation, or to provide training or any

19 form of technology transfer to scientists or engineers em20 ployed by or working for the People’s Republic of China.

21 SEC. 342. None of the funds in this Act may be used

22 to support Federal Transit Administration’s field oper23 ations and oversight of the Washington Metropolitan Area

24 Transit Authority in any location other than from the

25 Washington, D.C. metropolitan area.
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1 SEC. 343. (a) Subsection (b) of section 5333 of title

2 49, United States Code, is hereby repealed.

3 (b) The repeal made by this section shall take effect

4 on the date of enactment of this Act. Any labor protection

5 agreement or arrangement entered into or imposed pursu6 ant to the subsection repealed by this subsection, or sec7 tion 13(c) of the Federal Transit Act, prior to such date

8 of enactment shall be terminated, as of such date, and

9 shall have no further force or effect, and no rights or du10 ties shall exist on the basis of any such labor protection

11 agreement or arrangement entered into or imposed pursu12 ant to such subsection or such section 13(c) notwithstand13 ing the provisions of any law.

14 SEC. 344. In addition to the sums made available to

15 the Department of Transportation, $8,421,000 shall be

16 available on the effective date of legislation transferring

17 certain rail and motor carrier functions from the Inter18 state Commerce Commission to the Department of Trans19 portation: Provided, That such amount shall be available

20 only to the extent authorized by law: Provided further,

21 That of the fees collected pursuant to 31 U.S.C. 9701 in

22 fiscal year 1996 by the successors of the Interstate Com23 merce Commission, one-twelfth of $8,300,000 of those

24 fees shall be made available for each month during fiscal

25 year 1996 that the successors of the Interstate Commerce
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1 Commission carry out the transferred rail and motor car2 rier functions.

3 SEC. 345. The Secretary of Transportation shall not

4 authorize funding of additional Federal-aid projects for

5 the Central Artery/Third Harbor Tunnel Project in Bos6 ton, Massachusetts, unless a financial plan is submitted

7 by the Commonwealth of Massachusetts by October 30,

8 1995, and approved by the Secretary: Provided, That for

9 each fiscal year thereafter until the project is complete,

10 the financial plan shall be updated bi-annually and sub11 mitted to the Secretary by February 1 and August 1 of

12 each fiscal year and further funding shall not be approved

13 by the Secretary until the Secretary approves such up14 dated plans: Provided further, That each such financial

15 plan shall be based on a detailed annual estimate of the

16 cost to complete the remaining elements of the project in17 cluding all commitments contained in the approved project

18 environmental documents, regardless of whether these ele19 ments are to be federally funded: Provided further, That

20 the financial plan shall be based on reasonable assump21 tions of future cost increases, as determined by the Sec22 retary, and shall identify the sources of available and pro23 posed funding necessary to finance completion of the

24 project while considering other State transportation needs.
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1 TITLE IV—PROVIDING FOR THE ADOP2 TION OF MANDATORY STANDARDS

3 AND PROCEDURES GOVERNING THE

4 ACTIONS OF ARBITRATORS IN THE AR5 BITRATION OF LABOR DISPUTES IN6 VOLVING TRANSIT AGENCIES OPERAT7 ING IN THE NATIONAL CAPITAL AREA

8 SECTION 401. SHORT TITLE.

9 This title may be cited as the ‘‘National Capital Area

10 Interest Arbitration Standards Act of 1995’’.

11 SEC. 402. FINDINGS AND PURPOSES.

12 (a) FINDINGS.—The Congress finds that—

13 (1) affordable public transportation is essential

14 to the economic vitality of the national capital area

15 and is an essential component of regional efforts to

16 improve air quality to meet environmental require17 ments and to improve the health of both residents

18 of and visitors to the national capital area as well

19 as to preserve the beauty and dignity of the Nation’s

20 capital;

21 (2) use of mass transit by both residents of and

22 visitors to the national capital area is substantially

23 affected by the prices charged for such mass transit

24 services, prices that are substantially affected by
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labor costs, since more than 2 1 ⁄3 of operating costs

2 are attributable to labor costs;

3 (3) labor costs incurred in providing mass tran4 sit in the national capital area have increased at an

5 alarming rate and wages and benefits of operators

6 and mechanics currently are among the highest in

7 the Nation;

8 (4) higher operating costs incurred for public

9 transit in the national capital area cannot be offset

10 by increasing costs to patrons, since this often dis11 courages ridership and thus undermines the public

12 interest in promoting the use of public transit;

13 (5) spiraling labor costs cannot be offset by the

14 governmental entities that are responsible for sub15 sidy payments for public transit services since local

16 governments generally, and the District of Columbia

17 government in particular, are operating under severe

18 fiscal constraints;

19 (6) imposition of mandatory standards applica20 ble to arbitrators resolving arbitration disputes in21 volving interstate compact agencies operating in the

22 national capital area will ensure that wage increases

23 are justified and do not exceed the ability of transit

24 patrons and taxpayers to fund the increase; and
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1 (7) Federal legislation is necessary under Arti2 cle I of section 8 of the United States Constitution

3 to balance the need to moderate and lower labor

4 costs while maintaining industrial peace.

5 (b) PURPOSE.—It is therefore the purpose of this Act

6 to adopt standards governing arbitration which must be

7 applied by arbitrators resolving disputes involving inter8 state compact agencies operating in the national capital

9 area in order to lower operating costs for public transpor10 tation in the Washington metropolitan area.

11 SEC. 403. DEFINITIONS.

12 As used in this Title—

13 (1) the term ‘‘arbitration’’ means—

14 (A) the arbitration of disputes, regarding

15 the terms and conditions of employment, that is

16 required under an interstate compact governing

17 an interstate compact agency operating in the

18 national capital area; and

19 (B) does not include the interpretation and

20 application of rights arising from an existing

21 collective bargaining agreement;

22 (2) the term ‘‘arbitrator’’ refers to either a sin23 gle arbitrator, or a board of arbitrators, chosen

24 under applicable procedures;
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1 (3) an interstate compact agency’s ‘‘funding

2 ability’’ is the ability of the interstate compact agen3 cy, or of any governmental jurisdiction which pro4 vides subsidy payments or budgetary assistance to

5 the interstate compact agency, to obtain the nec6 essary financial resources to pay for wage and bene7 fit increases for employees of the interstate compact

8 agency;

9 (4) the term ‘‘interstate compact agency operat10 ing in the national capital area’’ means any inter11 state compact agency which provides public transit

12 services;

13 (5) the term ‘‘interstate compact agency’’

14 means any agency established by an interstate com15 pact to which the District of Columbia is a signa16 tory; and

17 (6) the term ‘‘public welfare’’ includes, with re18 spect to arbitration under an interstate compact—

19 (A) the financial ability of the individual

20 jurisdictions participating in the compact to pay

21 for the costs of providing public transit services;

22 and

23 (B) the average per capita tax burden,

24 during the term of the collective bargaining

25 agreement to which the arbitration relates, of
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1 the residents of the Washington, D.C. metro2 politan area, and the effect of an arbitration

3 award rendered pursuant to such arbitration on

4 the respective income or property tax rates of

5 the jurisdictions which provide subsidy pay6 ments to the interstate compact agency estab7 lished under the compact.

8 SEC. 404. STANDARDS FOR ARBITRATORS.

9 (a) FACTORS IN MAKING ARBITRATION AWARD.—An

10 arbitrator rendering an arbitration award involving the

11 employees of an interstate compact agency operating in

12 the national capital area may not make a finding or a deci13 sion for inclusion in a collective bargaining agreement gov14 erning conditions of employment without considering the

15 following factors:

16 (1) The existing terms and conditions of em17 ployment of the employees in the bargaining unit.

18 (2) All available financial resources of the inter19 state compact agency.

20 (3) The annual increase or decrease in

21 consumer prices for goods and services as reflected

22 in the most recent consumer price index for the

23 Washington, D.C. metropolitan area, published by

24 the Bureau of Labor Statistics of the United States

25 Department of Labor.
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1 (4) The wages, benefits, and terms and condi2 tions of the employment of other employees who per3 form, in other jurisdictions in the Washington, D.C.

4 standard metropolitan statistical area, services simi5 lar to those in the bargaining unit.

6 (5) The special nature of the work performed

7 by the employees in the bargaining unit, including

8 any hazards or the relative ease of employment,

9 physical requirements, educational qualifications, job

10 training and skills, shift assignments, and the de11 mands placed upon the employees as compared to

12 other employees of the interstate compact agency.

13 (6) The interests and welfare of the employees

14 in the bargaining unit, including—

15 (A) the overall compensation presently re16 ceived by the employees, having regard not only

17 for wage rates but also for wages for time not

18 worked, including vacations, holidays, and other

19 excused absences;

20 (B) all benefits received by the employees,

21 including previous bonuses, insurance, and pen22 sions; and

23 (C) the continuity and stability of employ24 ment.

25 (7) The public welfare.
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1 (b) COMPACT AGENCY’S FUNDING ABILITY.—An ar2 bitrator rendering an arbitration award involving the em3 ployees of an interstate compact agency operating in the

4 national capital area may not, with respect to a collective

5 bargaining agreement governing conditions of employ6 ment, provide for salaries and other benefits that exceed

7 the interstate compact agency’s funding ability.

8 (c) REQUIREMENTS FOR FINAL AWARD.—In resolv9 ing a dispute submitted to arbitration involving the em10 ployees of an interstate compact agency operating in the

11 national capital area, the arbitrator shall issue a written

12 award that demonstrates that all the factors set forth in

13 subsections (a) and (b) have been considered and applied.

14 An award may grant an increase in pay rates or benefits

15 (including insurance and pension benefits), or reduce

16 hours of work, only if the arbitrator concludes that any

17 costs to the agency do not adversely affect the public wel18 fare. The arbitrator’s conclusion regarding the public wel19 fare must be supported by substantial evidence.

20 SEC. 405. PROCEDURES FOR ENFORCEMENT OF AWARDS.

21 (a) MODIFICATIONS AND FINALITY OF AWARD.—In

22 the case of an arbitration award to which section 404 ap23 plies, the interstate compact agency and the employees in

24 the bargaining unit, through their representative, may

25 agree in writing upon any modifications to the award with-
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1 in 10 days after the award is received by the parties. After

2 the end of that 10-day period, the award, with any such

3 modifications, shall become binding upon the interstate

4 compact agency, the employees in the bargaining unit, and

5 the employees’ representative.

6 (b) IMPLEMENTATION.—Each party to an award that

7 becomes binding under subsection (a) shall take all actions

8 necessary to implement the award.

9 (c) JUDICIAL REVIEW.—Within 60 days after an

10 award becomes binding under subsection (a), the inter11 state compact agency or the exclusive representative of the

12 employees concerned may file a civil action in a court

13 which has jurisdiction over the interstate compact agency

14 for review of the award. The court shall review the award

15 on the record, and shall vacate the award or any part of

16 the award, after notice and a hearing, if—

17 (1) the award is in violation of applicable law;

18 (2) the arbitrator exceeded the arbitrator’s pow19 ers;

20 (3) the decision by the arbitrator is arbitrary or

21 capricious;

22 (4) the arbitrator conducted the hearing con23 trary to the provisions of this title or other statutes

24 or rules that apply to the arbitration so as to sub25 stantially prejudice the rights of a party;
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1 (5) there was partiality or misconduct by the

2 arbitrator prejudicing the rights of a party;

3 (6) the award was procured by corruption,

4 fraud, or bias on the part of the arbitrator; or

5 (7) the arbitrator did not comply with the pro6 visions of section 404.

7 This Act may be cited as the ‘‘Department of Trans8 portation and Related Agencies Appropriations Act,

9 1996’’.

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Union Calendar No. 88

104TH CONGRESS

1ST SESSION H. R. 2002

[Report No. 104–177]

A BILL

Making appropriations for the Department of

purposes.year ending September 30, 1996, and for otherTransportation and related agencies for the fiscal

JULY 11, 1995

Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed