H. R. 2084—28
authorities, and private sources for expenses incurred for training,
for reports publication and dissemination, and for travel expenses
incurred in performance of hazardous materials exemptions and
approvals functions.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST 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 to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$36,879,000, of which $5,479,000 shall be derived from the Oil
Spill Liability Trust Fund and shall remain available until Sep-
tember 30, 2002; of which $30,000,000 shall be derived from the
Pipeline Safety Fund, of which $17,394,000 shall remain available
until September 30, 2002; and of which $1,400,000 shall be derived
from amounts previously collected under 49 U.S.C. 60301: Provided,
That amounts previously collected under 49 U.S.C. 60301 shall
be available for damage prevention grants to States and public
education activities.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000,
to be derived from the Emergency Preparedness Fund, to remain
available until September 30, 2002: Provided, That none of the
funds made available by 49 U.S.C. 5116(i) and 5127(d) shall be
made available for obligation by individuals other than the Sec-
retary of Transportation, or his designee.
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, $44,840,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties speci-
fied in the Inspector General Act, as amended (5 U.S.C. App.
3) to investigate allegations of fraud, including false statements
to the Government (18 U.S.C. 1001), by any person or entity that
is subject to regulation by the Department: Provided further, That
the funds made available under this heading shall be used to
investigate pursuant to section 41712 of title 49, United States
Code, relating to unfair or deceptive practices and unfair methods
of competition by domestic and foreign air carriers and ticket agents:
Provided further, That it is the sense of the Senate, that for pur-
poses of the preceding proviso, the terms ‘‘unfair or deceptive prac-
tices’’ and ‘‘unfair methods of competition’’ include the failure to
disclose to a passenger or a ticket agent whether the flight on
which the passenger is ticketed or has requested to purchase a
ticket is overbooked, unless the Secretary certifies such disclosure
by a carrier is technologically infeasible: Provided further, That
H. R. 2084—29
the funds made available under this heading shall be used: (1)
to investigate pursuant to section 41712 of title 49, United States
Code, relating to unfair or deceptive practices and unfair methods
of competition by air carriers and foreign air carriers; (2) for moni-
toring by the Inspector General of the compliance of domestic and
foreign air carriers with respect to paragraph (1) of this proviso;
and (3) for the submission to the appropriate committees of Con-
gress by the Inspector General, not later than July 15, 2000, of
a report on the extent to which actual or potential barriers exist
to consumer access to comparative price and service information
from independent sources on the purchase of passenger air transpor-
tation: Provided further, That it is the sense of the Senate, that
for purposes of the preceding proviso, the terms ‘‘unfair or deceptive
practices’’ and ‘‘unfair methods of competition’’ mean the offering
for sale to the public for any route, class, and time of service
through any technology or means of communication a fare that
is different than that offered through other technology or means
of communication: Provided further, That it is the sense of the
Senate that funds made available under this heading shall be
used for the submission to the appropriate committees of Congress
by the Inspector General a report on the extent to which air carriers
and foreign air carriers deny travel to airline consumers with non-
refundable tickets from one carrier to another.
SURFACE TRANSPORTATION BOARD
SALARIES AND EXPENSES
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $17,000,000: Pro-
vided, That notwithstanding any other provision of law, not to
exceed $1,600,000 from fees established by the Chairman of the
Surface Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and authorized
expenses under this heading: Provided further, That the sum herein
appropriated from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
fiscal year 2000, to result in a final appropriation from the general
fund estimated at no more than $15,400,000.
TITLE II
RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS
COMPLIANCE BOARD
SALARIES AND EXPENSES
For expenses necessary for the Architectural and Transpor-
tation Barriers Compliance Board, as authorized by section 502
of the Rehabilitation Act of 1973, as amended, $4,633,000: Provided,
That, notwithstanding any other provision of law, there may be
credited to this appropriation funds received for publications and
training expenses.
H. R. 2084—30
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–
15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901–5902) $57,000,000, of which not to exceed $2,000 may be
used for official reception and representation expenses.
TITLE III
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
SEC. 301. During the current fiscal year applicable appropria-
tions 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 busi-
ness; and uniforms, or allowances therefor, as authorized by law
(5 U.S.C. 5901–5902).
SEC. 302. Such sums as may be necessary for fiscal year 2000
pay raises for programs funded in this Act shall be absorbed within
the levels appropriated in this Act or previous appropriations Acts.
SEC. 303. Funds appropriated under this Act for expenditures
by the Federal Aviation Administration shall be available: (1) except
as otherwise authorized by title VIII of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7701 et seq.), for expenses
of primary and secondary schooling for dependents of Federal Avia-
tion 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 deter-
mined 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 resi-
dence when the Secretary, under such regulations as may be pre-
scribed, 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 Depart-
ment 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 in this Act shall be available
for salaries and expenses of more than 100 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. 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
H. R. 2084—31
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 pursu-
ant 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 2000, the Secretary of Transpor-
tation shall—
(1) not distribute from the obligation limitation for Federal-
aid Highways amounts authorized for administrative expenses
and programs funded from the administrative takedown author-
ized by section 104(a) of title 23, United States Code, for the
highway use tax evasion program, and amounts provided under
section 110 of title 23, United States Code, and for the Bureau
of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid Highways that is equal to the unobligated bal-
ance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for the previous fiscal year the
funds for which are allocated by the Secretary;
(3) determine the ratio that—
(A) the obligation limitation for Federal-aid Highways
less the aggregate of amounts not distributed under para-
graphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated
for Federal-aid highways and highway safety construction
programs (other than sums authorized to be appropriated
for sections set forth in paragraphs (1) through (7) of sub-
section (b) and sums authorized to be appropriated for
section 105 of title 23, United States Code, equal to the
amount referred to in subsection (b)(8)) for such fiscal
year less the aggregate of the amounts not distributed
under paragraph (1) of this subsection;
(4) distribute the obligation limitation for Federal-aid High-
ways less the aggregate amounts not distributed under para-
graphs (1) and (2) of section 117 of title 23, United States
Code (relating to high priority projects program), section 201
of the Appalachian Regional Development Act of 1965, the
Woodrow Wilson Memorial Bridge Authority Act of 1995, and
$2,000,000,000 for such fiscal year under section 105 of title
23, United States Code (relating to minimum guarantee) so
that the amount of obligation authority available for each of
such sections is equal to the amount determined by multiplying
H. R. 2084—32
the ratio determined under paragraph (3) by the sums author-
ized to be appropriated for such section (except in the case
of section 105, $2,000,000,000) for such fiscal year;
(5) distribute the obligation limitation provided for Federal-
aid Highways less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under para-
graph (4) for each of the programs that are allocated by the
Secretary under title 23, United States Code (other than activi-
ties to which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio determined
under paragraph (3) by the sums authorized to be appropriated
for such program for such fiscal year; and
(6) distribute the obligation limitation provided for Federal-
aid Highways less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under para-
graphs (4) and (5) for Federal-aid highways and highway safety
construction programs (other than the minimum guarantee pro-
gram, but only to the extent that amounts apportioned for
the minimum guarantee program for such fiscal year exceed
$2,639,000,000, and the Appalachian development highway
system program) that are apportioned by the Secretary under
title 23, United States Code, in the ratio that—
(A) sums authorized to be appropriated for such pro-
grams that are apportioned to each State for such fiscal
year, bear to
(B) the total of the sums authorized to be appropriated
for such programs that are apportioned to all States for
such fiscal year.
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation
limitation for Federal-aid Highways shall not apply to obligations:
(1) under section 125 of title 23, United States Code; (2) under
section 147 of the Surface Transportation Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981; (4)
under sections 131(b) and 131( j) of the Surface Transportation
Assistance Act of 1982; (5) under sections 149(b) and 149(c) of
the Surface Transportation and Uniform Relocation Assistance Act
of 1987; (6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991; (7) under section
157 of title 23, United States Code, as in effect on the day before
the date of the enactment of the Transportation Equity Act for
the 21st Century; and (8) under section 105 of title 23, United
States Code (but, only in an amount equal to $639,000,000 for
such fiscal year).
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Not-
withstanding subsection (a), the Secretary shall after August 1
for such fiscal year revise a distribution of the obligation limitation
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 104 and 144 of title 23, United
States Code, section 160 (as in effect on the day before the enact-
ment of the Transportation Equity Act for the 21st Century) of
title 23, United States Code, and under section 1015 of the Inter-
modal Surface Transportation Act of 1991 (105 Stat. 1943–1945).
H. R. 2084—33
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR-
TATION RESEARCH PROGRAMS.—The obligation limitation shall apply
to transportation research programs carried out under chapter 5
of title 23, United States Code, except that obligation authority
made available for such programs under such limitation shall
remain available for a period of 3 fiscal years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not later
than 30 days after the date of the distribution of obligation limita-
tion under subsection (a), the Secretary shall distribute to the
States any funds: (1) that are authorized to be appropriated for
such fiscal year for Federal-aid highways programs (other than
the program under section 160 of title 23, United States Code)
and for carrying out subchapter I of chapter 311 of title 49, United
States Code, and highway-related programs under chapter 4 of
title 23, United States Code; and (2) that the Secretary determines
will not be allocated to the States, and will not be available for
obligation, in such fiscal year due to the imposition of any obligation
limitation for such fiscal year. Such distribution to the States shall
be made in the same ratio as the distribution of obligation authority
under subsection (a)(6). The funds so distributed shall be available
for any purposes described in section 133(b) of title 23, United
States Code.
(f ) SPECIAL RULE.—Obligation limitation distributed for a fiscal
year under subsection (a)(4) of this section for a section set forth
in subsection (a)(4) shall remain available until used and shall
be in addition to the amount of any limitation imposed on obliga-
tions for Federal-aid highway and highway safety construction pro-
grams for future fiscal years.
SEC. 311. The limitations 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.
SEC. 312. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
SEC. 313. 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. 314. Notwithstanding any other provision of law, airports
may transfer, without consideration, to the Federal Aviation
Administration (FAA) instrument landing systems (along with asso-
ciated approach lighting equipment and runway visual range equip-
ment) which conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal airport-aid pro-
gram, airport development aid program or airport improvement
program grant. The Federal Aviation Administration shall accept
such equipment, which shall thereafter be operated and maintained
by FAA in accordance with agency criteria.
SEC. 315. 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 procure-
ment in excess of $10,000,000 in any 1 year of the contract; (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
H. R. 2084—34
subsequent years of the contract without conditioning such perform-
ance 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. 316. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made avail-
able by this Act under ‘‘Federal Transit Administration, Capital
investment grants’’ for projects specified in this Act or identified
in reports accompanying this Act not obligated by September 30,
2002, and other recoveries, shall be made available for other projects
under 49 U.S.C. 5309.
SEC. 317. Notwithstanding any other provision of law, any
funds appropriated before October 1, 1999, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 318. None of the funds in this Act may be used to com-
pensate in excess of 320 technical staff-years under the federally
funded research and development center contract between the Fed-
eral Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2000.
SEC. 319. Funds provided in this Act for the Transportation
Administrative Service Center (TASC) shall be reduced by
$15,000,000, which limits fiscal year 2000 TASC obligational
authority for elements of the Department of Transportation funded
in this Act to no more than $133,673,000: Provided, That such
reductions from the budget request shall be allocated by the Depart-
ment of Transportation to each appropriations account in proportion
to the amount included in each account for the Transportation
Administrative Service Center.
SEC. 320. Funds received by the Federal Highway Administra-
tion, 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 Administra-
tion’s ‘‘Federal-Aid Highways’’ account, the Federal Transit
Administration’s ‘‘Transit Planning and Research’’ account, and to
the Federal Railroad Administration’s ‘‘Safety and Operations’’
account, except for State rail safety inspectors participating in
training pursuant to 49 U.S.C. 20105.
SEC. 321. 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 the enactment of this section.
SEC. 322. TEMPORARY AIR SERVICE INTERRUPTIONS. (a) AVAIL-
ABILITY OF FUNDS.—Funds appropriated or otherwise made avail-
able by this Act to carry out section 47114(c)(1) of title 49, United
States Code, may be available for apportionment to an airport
sponsor described in subsection (b) in fiscal year 2000 in an amount
equal to the amount apportioned to that sponsor in fiscal year
1999.
H. R. 2084—35
(b) COVERED AIRPORT SPONSORS.—An airport sponsor referred
to in subsection (a) is an airport sponsor with respect to whose
primary airport the Secretary of Transportation found that—
(1) passenger boardings at the airport fell below 10,000
in the calendar year used to calculate the apportionment;
(2) the airport had at least 10,000 passenger boardings
in the calendar year prior to the calendar year used to calculate
apportionments to airport sponsors in a fiscal year; and
(3) the cause of the shortfall in passenger boardings was
a temporary but significant interruption in service by an air
carrier to that airport due to an employment action, natural
disaster, or other event unrelated to the demand for air
transportation at the affected airport.
SEC. 323. Section 3021 of Public Law 105–178 is amended
in subsection (a)—
(1) in the first sentence, by striking ‘‘single-State’’; and
(2) in the second sentence, by striking ‘‘Any’’ and all that
follows through ‘‘United States Code’’ and inserting ‘‘The funds
made available to the State of Oklahoma and the State of
Vermont to carry out sections 5307 and 5311 of title 49, United
States Code’’.
SEC. 324. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data prod-
ucts, for necessary expenses incurred pursuant to 49 U.S.C. 111
may be credited to the Federal-aid highways account for the purpose
of reimbursing the Bureau for such expenses: Provided, That such
funds shall be subject to the obligation limitation for Federal-
aid highways and highway safety construction.
SEC. 325. None of the funds in this Act may be obligated
or expended for employee training which: (a) does not meet identi-
fied 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 syn-
drome (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. 326. None of the funds in this Act shall, in the absence
of express authorization by Congress, be used directly or indirectly
to pay for any personal service, advertisement, telegraph, telephone,
letter, printed or written material, radio, television, video presen-
tation, electronic communications, or other device, intended or
designed to influence in any manner a Member of Congress or
of a State legislature to favor or oppose by vote or otherwise,
any legislation or appropriation by Congress or a State legislature
after the introduction of any bill or resolution in Congress proposing
such legislation or appropriation, or after the introduction of any
bill or resolution in a State legislature proposing such legislation
or appropriation: Provided, That this shall not prevent officers
H. R. 2084—36
or employees of the Department of Transportation or related agen-
cies funded in this Act from communicating to Members of Congress
or to Congress, on the request of any Member, or to members
of State legislature, or to a State legislature, through the proper
official channels, requests for legislation or appropriations which
they deem necessary for the efficient conduct of business.
SEC. 327. (a) IN GENERAL.—None of the funds made available
in this Act may be expended by an entity unless the entity agrees
that in expending the funds the entity will comply with the Buy
American Act (41 U.S.C. 10a–10c).
(b) SENSE
OF
THE
CONGRESS; REQUIREMENT
REGARDING
NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may
be authorized to be purchased with financial assistance pro-
vided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) PROHIBITION
OF
CONTRACTS
WITH
PERSONS
FALSELY
LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally
determined by a court or Federal agency that any person inten-
tionally affixed a label bearing a ‘‘Made in America’’ inscription,
or any inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant
to the debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
SEC. 328. Not to exceed $1,000,000 of the funds provided in
this Act for the Department of Transportation shall be available
for the necessary expenses of advisory committees: Provided, That
this limitation shall not apply to advisory committees established
for the purpose of conducting negotiated rulemaking in accordance
with the Negotiated Rulemaking Act, 5 U.S.C. 561–570a, or the
Coast Guard’s advisory council on roles and missions.
SEC. 329. Hereafter, notwithstanding any other provision of
law, receipts, in amounts determined by the Secretary, collected
from users of fitness centers operated by or for the Department
of Transportation shall be available to support the operation and
maintenance of those facilities.
SEC. 330. None of the funds in this Act shall be available
to implement or enforce regulations that would result in the with-
drawal 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. 331. Notwithstanding any other provision of law, funds
made available under this Act, and any prior year unobligated