Note: This document is the unofficial version of a Bill or Resolution. The printed Bill and Resolution produced by the Government Printing Office is the only official version.

VERSION As Engrossed in the House

CONGRESS 104th CONGRESS

1st Session

BILL H. R. 2002

--------------------

TEXT AN ACT

Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1996, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending September 30, 1996, and for other purposes, namely:

TITLE I

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary,

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

the Secretary may determine for allocation within the Department

for official reception and representation expenses: Provided, That

notwithstanding any other provision of law, there may be credited

to this appropriation up to $1,000,000 in funds received in user

fees established to support the electronic tariff filing system:

Provided further, That none of the funds appropriated in this Act

or otherwise made available may be used to maintain duplicate

physical copies of airline tariffs that are already available for

public and departmental access at no cost; to secure them against

detection, alteration, or tampering; or open them to inspection by

the Department.

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $6,554,000,

and in addition, $809,000, to be derived from `Federal-aid

Highways` subject to the `Limitation on General Operating

Expenses`.

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning,

research, systems development, and development activities, to

remain available until expended, $3,309,000.

WORKING CAPITAL FUND

Necessary expenses for operating costs and capital outlays of the

Department of Transportation Working Capital Fund associated with

the provision of services to entities within the Department of

Transportation, not to exceed $102,231,000 shall be paid, in

accordance with law, from appropriations made available to the

Department of Transportation.

PAYMENTS TO AIR CARRIERS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

For liquidation of obligations incurred for payments to air

carriers of so much of the compensation fixed and determined under

subchapter II of chapter 417 of title 49, United States Code, as is

payable by the Department of Transportation, $15,000,000, to remain

available until expended and to be derived from the Airport and

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

shall be available for the implementation or execution of programs

in excess of $15,000,000 for the Payments to Air Carriers program

in fiscal year 1996: Provided further, That none of the funds in

this Act shall be used by the Secretary of Transportation to make

payment of compensation under subchapter II of chapter 417 of title

49, United States Code, in excess of the appropriation in this Act

for liquidation of obligations incurred under the `Payments to air

carriers` program: Provided further, That none of the funds in this

Act shall be used for the payment of claims for such compensation

except in accordance with this provision: Provided further, That

none of the funds in this Act shall be available for service to

communities in the forty-eight contiguous States that are located

fewer than seventy highway miles from the nearest large or medium

hub airport, or that require a rate of subsidy per passenger in

excess of $200 unless such point is greater than two hundred and

ten miles from the nearest large or medium hub airport: Provided

further, That of funds provided for `Small Community Air Service`

by Public Law 101-508, $23,600,000 in fiscal year 1996 is hereby

rescinded: Provided further, That, notwithstanding any other

provision of law, effective January 1, 1996 no point in the 48

contiguous States and Hawaii eligible for compensated

transportation in fiscal year 1996 under subchapter II of chapter

417 of title 49, United States Code, including 49 U.S.C. 41734(d),

shall receive such transportation unless a State, local government,

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

the cost of providing such transportation, as determined by the

Secretary of Transportation: Provided further, That the Secretary

may require the entity or entities agreeing to pay such amounts to

make advance payments or provide other security to ensure that

timely payments are made: Provided further, That, notwithstanding

any other provision of law, points covered by the cost-sharing

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

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

of providing such transportation shall receive a reduced level of

service in fiscal year 1996, to be determined by the Secretary as

follows: The Secretary shall subtract from the funds made available

in this Act so much as is needed to provide compensation to all

eligible points for which a State, local government, or other

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

of providing such transportation, and, with remaining funds,

allocate to each other point an amount reduced by the ratio of the

remainder calculated above to all funds made available in this Act:

Provided further, That the Secretary shall allocate any funds that

become unallocated as the year progresses to those points for which

a State, local government, or other non-Federal entity does not

agree to pay at least fifty percent of the cost of such

transportation.

PAYMENTS TO AIR CARRIERS

(RESCISSION)

Of the budgetary resources remaining available under this

heading, $6,786,971 are rescinded.

RENTAL PAYMENTS

For necessary expenses for rental of headquarters and field space

not to exceed 8,580,000 square feet and for related services

assessed by the General Services Administration, $130,803,000:

Provided, That of this amount, $1,897,000 shall be derived from the

Highway Trust Fund, $41,441,000 shall be derived from the Airport

and Airway Trust Fund, $836,000 shall be derived from the Pipeline

Safety Fund, and $169,000 shall be derived from the Harbor

Maintenance Trust Fund: Provided further, That in addition, for

assessments by the General Services Administration related to the

space needs of the Federal Highway Administration, $17,099,000, to

be derived from `Federal-aid Highways`, subject to the `Limitation

on General Operating Expenses`.

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of direct loans, $1,500,000, as authorized by 49

U.S.C. 332: Provided, That such costs, including the cost of

modifying such loans, shall be as defined in section 502 of the

Congressional Budget Act of 1974: Provided further, That these

funds are available to subsidize gross obligations for the

principal amount of direct loans not to exceed $15,000,000. In

addition, for administrative expenses to carry out the direct loan

program, $400,000.

MINORITY BUSINESS OUTREACH

For necessary expenses of the Minority Business Resource Center

outreach activities, $2,900,000, of which $2,642,000 shall remain

available until September 30, 1997.

COAST GUARD

OPERATING EXPENSES

For necessary expenses for the operation and maintenance of the

Coast Guard, not otherwise provided for; purchase of not to exceed

five passenger motor vehicles for replacement only; payments

pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C.

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

429(b)); and recreation and welfare; $2,565,607,000, of which

$25,000,000 shall be derived from the Oil Spill Liability Trust

Fund; and of which $25,000,000 shall be expended from the Boat

Safety Account: Provided, That the number of aircraft on hand at

any one time shall not exceed two hundred and eighteen, exclusive

of aircraft and parts stored to meet future attrition: Provided

further, That none of the funds appropriated in this or any other

Act shall be available for pay or administrative expenses in

connection with shipping commissioners in the United States:

Provided further, That none of the funds provided in this Act shall

be available for expenses incurred for yacht documentation under 46

U.S.C. 12109, except to the extent fees are collected from yacht

owners and credited to this appropriation: Provided further, That

the Commandant shall reduce both military and civilian employment

levels for the purpose of complying with Executive Order No. 12839:

Provided further, That of the funds provided for operating expenses

for fiscal year 1996, in this or any other Act, not less than

$314,200,000 shall be available for drug enforcement activities.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of acquisition, construction, renovation,

and improvement of aids to navigation, shore facilities, vessels,

and aircraft, including equipment related thereto, $375,175,000, of

which $32,500,000 shall be derived from the Oil Spill Liability

Trust Fund; of which $191,200,000 shall be available to acquire,

repair, renovate or improve vessels, small boats and related

equipment, to remain available until September 30, 2000;

$16,500,000 shall be available to acquire new aircraft and increase

aviation capability, to remain available until September 30, 1998;

$42,200,000 shall be available for other equipment, to remain

available until September 30, 1998; $82,275,000 shall be available

for shore facilities and aids to navigation facilities, to remain

available until September 30, 1998; and $43,000,000 shall be

available for personnel compensation and benefits and related

costs, to remain available until September 30, 1996: Provided, That

funds received from the sale of the VC-11A and HU-25 aircraft shall

be credited to this appropriation for the purpose of acquiring new

aircraft and increasing aviation capacity: Provided further, That

the Secretary may transfer funds between projects under this head,

not to exceed $50,000,000 in total for the fiscal year, thirty days

after notification to the House and Senate Committees on

Appropriations, solely for the purpose of providing funds for

facility renovation, construction, exit costs, and other

implementation costs associated with Coast Guard streamlining

plans.

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the Coast Guard`s

environmental compliance and restoration functions under chapter 19

of title 14, United States Code, $21,000,000, to remain available

until expended.

ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive

bridges, $16,000,000, to remain available until expended.

RETIRED PAY

For retired pay, including the payment of obligations therefor

otherwise chargeable to lapsed appropriations for this purpose, and

payments under the Retired Serviceman`s Family Protection and

Survivor Benefits Plans, and for payments for medical care of

retired personnel and their dependents under the Dependents Medical

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

RESERVE TRAINING

For all necessary expenses for the Coast Guard Reserve, as

authorized by law; maintenance and operation of facilities; and

supplies, equipment, and services; $61,859,000.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses, not otherwise provided for, for applied

scientific research, development, test, and evaluation;

maintenance, rehabilitation, lease and operation of facilities and

equipment, as authorized by law, $18,500,000, to remain available

until expended, of which $3,150,000 shall be derived from the Oil

Spill Liability Trust Fund: Provided, That there may be credited to

this appropriation funds received from State and local governments,

other public authorities, private sources, and foreign countries,

for expenses incurred for research, development, testing, and

evaluation.

BOAT SAFETY

(AQUATIC RESOURCES TRUST FUND)

For payment of necessary expenses incurred for recreational

boating safety assistance under Public Law 92-75, as amended,

$20,000,000, to be derived from the Boat Safety Account and to

remain available until expended.

EMERGENCY FUND

(LIMITATION ON PERMANENT APPROPRIATION)

(OIL SPILL LIABILITY TRUST FUND)

Except as provided in emergency supplemental appropriations

provided in other appropriations Acts for fiscal year 1996, not

more than $3,000,000 shall be obligated or expended in fiscal year

1996 pursuant to section 6002(b) of the Oil Pollution Act of 1990

to carry out the provisions of section 1012(a)(4) of that Act.

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

For necessary expenses of the Federal Aviation Administration,

not otherwise provided for, including operations and research

activities related to commercial space transportation,

administrative expenses for research and development, establishment

of air navigation facilities and the operation (including leasing)

and maintenance of aircraft, and carrying out the provisions of

subchapter I of chapter 471 of title 49, U.S. Code, or other

provisions of law authorizing the obligation of funds for similar

programs of airport and airway development or improvement, lease or

purchase of four passenger motor vehicles for replacement only,

$4,600,000,000, of which $1,871,500,000 shall be derived from the

Airport and Airway Trust Fund: Provided, That there may be credited

to this appropriation funds received from States, counties,

municipalities, foreign authorities, other public authorities, and

private sources, for expenses incurred in the provision of aviation

services, including the maintenance and operation of air navigation

facilities and for issuance, renewal or modification of

certificates, including airman, aircraft, and repair station

certificates, or for tests related thereto, or for processing major

repair or alteration forms: Provided further, That funds may be

used to enter into a grant agreement with a nonprofit standard

setting organization to assist in the development of aviation

safety standards: Provided further, That none of the funds in this

Act shall be available for new applicants for the second career

training program: Provided further, That none of the funds in this

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

5546(a) to any Federal Aviation Administration employee unless such

employee actually performed work during the time corresponding to

such premium pay.

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for

acquisition, establishment, and improvement by contract or

purchase, and hire of air navigation and experimental facilities

and equipment as authorized under part A of subtitle VII of title

49, U.S. Code, including initial acquisition of necessary sites by

lease or grant; engineering and service testing, including

construction of test facilities and acquisition of necessary sites

by lease or grant; and construction and furnishing of quarters and

related accommodations for officers and employees of the Federal

Aviation Administration stationed at remote localities where such

accommodations are not available; and the purchase, lease, or

transfer of aircraft from funds available under this head; to be

derived from the Airport and Airway Trust Fund, $2,000,000,000, of

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

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

September 30, 1996: Provided, That there may be credited to this

appropriation funds received from States, counties, municipalities,

other public authorities, and private sources, for expenses

incurred in the establishment and modernization of air navigation

facilities.

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION)

Of the available balances under this heading, $60,000,000 are

rescinded.

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for research,

engineering, and development, as authorized under part A of

subtitle VII of title 49, U.S.C., including construction of

experimental facilities and acquisition of necessary sites by lease

or grant, $143,000,000, to be derived from the Airport and Airway

Trust Fund and to remain available until September 30, 1998:

Provided, That there may be credited to this appropriation funds

received from States, counties, municipalities, other public

authorities, and private sources, for expenses incurred for

research, engineering, and development.

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(AIRPORT AND AIRWAY TRUST FUND)

For liquidation of obligations incurred for grants-in-aid for

airport planning and development, and for noise compatibility

planning and programs as authorized under subchapter I of chapter

471 and subchapter I of chapter 475 of title 49, U.S. Code, and

under other law authorizing such obligations, $1,500,000,000, to be

derived from the Airport and Airway Trust Fund and to remain

available until expended: Provided, That none of the funds in this

Act shall be available for the planning or execution of programs

the obligations for which are in excess of $1,600,000,000 in fiscal

year 1996 for grants-in-aid for airport planning and development,

and noise compatibility planning and programs, notwithstanding

section 47117(h) of title 49, U.S. Code.

AVIATION INSURANCE REVOLVING FUND

The Secretary of Transportation is hereby authorized to make such

expenditures and investments, within the limits of funds available

pursuant to 49 U.S.C. 44307, and in accordance with section 104 of

the Government Corporation Control Act, as amended (31 U.S.C.

9104), as may be necessary in carrying out the program for aviation

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

AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM

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

under this head the obligations for which are in excess of

$1,600,000 during fiscal year 1996.

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON GENERAL OPERATING EXPENSES

Necessary expenses for administration, operation, including motor

carrier safety program operations, and research of the Federal

Highway Administration not to exceed $495,381,000 shall be paid in

accordance with law from appropriations made available by this Act

to the Federal Highway Administration together with advances and

reimbursements received by the Federal Highway Administration:

Provided, That $190,667,000 of the amount provided herein shall

remain available until September 30, 1998.

HIGHWAY-RELATED SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

For payment of obligations incurred in carrying out the

provisions of title 23, United States Code, section 402

administered by the Federal Highway Administration, to remain

available until expended, $10,000,000, to be derived from the

Highway Trust Fund: Provided, That not to exceed $100,000 of the

amount made available herein shall be available for `Limitation on

general operating expenses`: Provided further, That none of the

funds in this Act shall be available for the planning or execution

of programs the obligations for which are in excess of $10,000,000

in fiscal year 1996 for `Highway-Related Safety Grants`.

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

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

implementation or execution of programs the obligations for which

are in excess of $18,000,000,000 for Federal-aid highways and

highway safety construction programs for fiscal year 1996.

FEDERAL-AID HIGHWAYS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For carrying out the provisions of title 23, United States Code,

that are attributable to Federal-aid highways, including the

National Scenic and Recreational Highway as authorized by 23 U.S.C.

148, not otherwise provided, including reimbursements for sums

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

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

derived from the Highway Trust Fund, to remain available until

expended.

RIGHT-OF-WAY REVOLVING FUND

(LIMITATION ON DIRECT LOANS)

(HIGHWAY TRUST FUND)

None of the funds under this head are available for obligations

for right-of-way acquisition during fiscal year 1996.

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out 49 U.S.C.

31102, $68,000,000, to be derived from the Highway Trust Fund and

to remain available until expended: Provided, That none of the

funds in this Act shall be available for the implementation or

execution of programs the obligations for which are in excess of

$79,150,000 for `Motor Carrier Safety Grants`.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

For expenses necessary to discharge the functions of the

Secretary with respect to traffic and highway safety under part C

of subtitle VI of title 49, United States Code, and chapter 301 of

title 49, United States Code, $73,316,570, of which $37,825,850

shall remain available until September 30, 1998: Provided, That

none of the funds appropriated by this Act may be obligated or

expended to plan, finalize, or implement any rulemaking to add to

section 575.104 of title 49 of the Code of Federal Regulations any

requirement pertaining to a grading standard that is different from

the three grading standards (treadwear, traction, and temperature

resistance) already in effect.

OPERATIONS AND RESEARCH

(HIGHWAY TRUST FUND)

For expenses necessary to discharge the functions of the

Secretary with respect to traffic and highway safety under 23

U.S.C. 403 and section 2006 of the Intermodal Surface

Transportation Efficiency Act of 1991 (Public Law 102-240), to be

derived from the Highway Trust Fund, $52,011,930, of which

$32,770,670 shall remain available until September 30, 1998.

OPERATIONS AND RESEARCH

(RESCISSIONS)

Of the amounts made available under this heading in Public Law

103-331, Public Law 102-388, and Public Law 101-516, $4,547,185 are

rescinded from the national advanced driving simulator project.

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For payment of obligations incurred carrying out the provisions

of 23 U.S.C. 153, 402, 408, and 410, Chapter 303 of title 49,

United States Code, and section 209 of Public Law 95-599, as

amended, to remain available until expended, $153,400,000, to be

derived from the Highway Trust Fund: Provided, That,

notwithstanding subsection 2009(b) of the Intermodal Surface

Transportation Efficiency Act of 1991, none of the funds in this

Act shall be available for the planning or execution of programs

the total obligations for which, in fiscal year 1996, are in excess

of $153,400,000 for programs authorized under 23 U.S.C. 402 and

410, as amended, of which $126,000,000 shall be for `State and

community highway safety grants`, $2,400,000 shall be for the

`National Driver Register` (subject to passage hereafter by the

House of a bill authorizing appropriations therefor, and only in

amounts provided therein), and $25,000,000 shall be for section 410

`Alcohol-impaired driving countermeasures programs`: Provided

further, That none of these funds shall be used for construction,

rehabilitation or remodeling costs, or for office furnishings and

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

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

purchase automobiles or motorcycles for state, local, or private

usage: Provided further, That not to exceed $5,153,000 of the funds

made available for section 402 may be available for administering

`State and community highway safety grants`: Provided further, That

not to exceed $500,000 of the funds made available for section 410

`Alcohol-impaired driving counter-measures programs` may be

available for technical assistance to the States: Provided further,

That not to exceed $890,000 of the funds made available for the

`National Driver Register` may be available for administrative

expenses.

FEDERAL RAILROAD ADMINISTRATION

OFFICE OF THE ADMINISTRATOR

For necessary expenses of the Federal Railroad Administration,

not otherwise provided for, $14,000,000, of which $1,508,000 shall

remain available until expended: Provided, That none of the funds

in this Act shall be available for the planning or execution of a

program making commitments to guarantee new loans under the

Emergency Rail Services Act of 1970, as amended, and no new

commitments to guarantee loans under section 211(a) or 211(h) of

the Regional Rail Reorganization Act of 1973, as amended, shall be

made: Provided further, That, as part of the Washington Union

Station transaction in which the Secretary assumed the first deed

of trust on the property and, where the Union Station Redevelopment

Corporation or any successor is obligated to make payments on such

deed of trust on the Secretary`s behalf, including payments on and

after September 30, 1988, the Secretary is authorized to receive

such payments directly from the Union Station Redevelopment

Corporation, credit them to the appropriation charged for the first

deed of trust, and make payments on the first deed of trust with

those funds: Provided further, That such additional sums as may be

necessary for payment on the first deed of trust may be advanced by

the Administrator from unobligated balances available to the

Federal Railroad Administration, to be reimbursed from payments

received from the Union Station Redevelopment Corporation.

RAILROAD SAFETY

For necessary expenses in connection with railroad safety, not

otherwise provided for, $49,940,660, of which $2,687,000 shall

remain available until expended.

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development,

$21,000,000, to remain available until expended.

NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

For necessary expenses related to Northeast Corridor improvements

authorized by title VII of the Railroad Revitalization and

Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et seq.)

and 49 U.S.C. 24909, $100,000,000, to remain available until

September 30, 1998.

RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

The Secretary of Transportation is authorized to issue to the

Secretary of the Treasury notes or other obligations pursuant to

section 512 of the Railroad Revitalization and Regulatory Reform

Act of 1976 (Public Law 94-210), as amended, in such amounts and at

such times as may be necessary to pay any amounts required pursuant

to the guarantee of the principal amount of obligations under

sections 511 through 513 of such Act, such authority to exist as

long as any such guaranteed obligation is outstanding: Provided,

That no new loan guarantee commitments shall be made during fiscal

year 1996.

NATIONAL MAGNETIC LEVITATION PROTOTYPE DEVELOPMENT

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

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

or execution of the National Magnetic Levitation Prototype

Development program as defined in subsections 1036(b) and

1036(d)(1)(A) of the Intermodal Surface Transportation Efficiency

Act of 1991.

NEXT GENERATION HIGH SPEED RAIL

For necessary expenses for Next Generation High Speed Rail

technology development and demonstrations, $10,000,000, to remain

available until expended.

TRUST FUND SHARE OF NEXT GENERATION HIGH SPEED RAIL

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For grants and payment of obligations incurred in carrying out

the provisions of the High Speed Ground Transportation program as

defined in subsections 1036(c) and 1036(d)(1)(B) of the Intermodal

Surface Transportation Efficiency Act of 1991, including planning

and environmental analyses, $5,000,000, to be derived from the

Highway Trust Fund and to remain available until expended:

Provided, That none of the funds in this Act shall be available for

the implementation or execution of programs the obligations for

which are in excess of $5,000,000.

GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

To enable the Secretary of Transportation to make grants to the

National Railroad Passenger Corporation authorized by 49 U.S.C.

24104, $628,000,000, of which $336,000,000 shall be available for

operating losses and for mandatory passenger rail service payments,

$62,000,000 shall be for transition costs incurred by the

Corporation, and $230,000,000 shall be for capital improvements:

Provided, That none of the funds under this head shall be made

available until significant reforms (including labor reforms) in

authorizing legislation are enacted to restructure the National

Railroad Passenger Corporation: Provided further, That funding

under this head for capital improvements shall not be made

available before July 1, 1996: Provided further, That none of the

funds herein appropriated shall be used for lease or purchase of

passenger motor vehicles or for the hire of vehicle operators for

any officer or employee, other than the president of the

Corporation, excluding the lease of passenger motor vehicles for

those officers or employees while in official travel status.

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit

Administration`s programs authorized by chapter 53 of title 49,

United States Code, $39,260,000.

FORMULA GRANTS

For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2),

5311, and 5336, to remain available until expended, $890,000,000:

Provided, That no more than $2,000,000,000 of budget authority

shall be available for these purposes: Provided further, That of

the funds provided under this head for formula grants, no more than

$400,000,000 may be used for operating assistance under 49 U.S.C.

5336(d).

UNIVERSITY TRANSPORTATION CENTERS

For necessary expenses for university transportation centers as

authorized by 49 U.S.C. 5317(b), to remain available until

expended, $6,000,000.

TRANSIT PLANNING AND RESEARCH

For necessary expenses for transit planning and research as

authorized by 49 U.S.C. 5303, 5311, 5313, 5314, and 5315, to remain

available until expended, $82,250,000 of which $39,436,250 shall be

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

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

U.S.C. 5313(b), $19,480,000 for activities under 49 U.S.C. 5314,

$8,051,251 for activities under 49 U.S.C. 5313(a), and $2,850,000

for activities under 49 U.S.C. 5315.

TRUST FUND SHARE OF EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out 49 U.S.C.

5338(a), $1,120,850,000, to remain available until expended and to

be derived from the Highway Trust Fund: Provided, That

$1,110,000,000 shall be paid from the Mass Transit Account of the

Highway Trust Fund to the Federal Transit Administration`s formula

grants account.

DISCRETIONARY GRANTS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

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

implementation or execution of programs the obligations for which

are in excess of $1,665,000,000 in fiscal year 1996 for grants

under the contract authority in 49 U.S.C. 5338(b): Provided, That

there shall be available for fixed guideway modernization,

$666,000,000; there shall be available for the replacement,

rehabilitation, and purchase of buses and related equipment and the

construction of bus-related facilities, $333,000,000; and there

shall be available for new fixed guideway systems, $666,000,000, to

be available as follows:

$42,410,000 for the Atlanta-North Springs project;

$17,500,000 for the South Boston Piers (MOS-2) project;

$6,500,000 for the Canton-Akron-Cleveland commuter rail

project (subject to passage hereafter by the House of a bill

authorizing appropriations therefor, and only in amounts

provided therein);

$2,000,000 for the Cincinnati Northeast/Northern Kentucky

rail line project (subject to passage hereafter by the House of

a bill authorizing appropriations therefor, and only in amounts

provided therein);

$16,941,000 for the Dallas South Oak Cliff LRT project;

$2,500,000 for the DART North Central light rail extension

project (subject to passage hereafter by the House of a bill

authorizing appropriations therefor, and only in amounts

provided therein);

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

(subject to passage hereafter by the House of a bill

authorizing appropriations therefor, and only in amounts

provided therein);

$10,000,000 for the Florida Tri-County commuter rail project

(subject to passage hereafter by the House of a bill

authorizing appropriations therefor, and only in amounts

provided therein);

$22,630,000 for the Houston Regional Bus project;

$12,500,000 for the Jacksonville ASE extension project;

$125,000,000 for the Los Angeles Metro Rail (MOS-3);

$10,000,000 for the Los Angeles-San Diego commuter rail

project;

$10,000,000 for the MARC commuter rail project;

$3,000,000 for the Maryland Central Corridor LRT project;

$2,000,000 for the Miami-North 27th Avenue project (subject

to passage hereafter by the House of a bill authorizing

appropriations therefor, and only in amounts provided therein);

$2,500,000 for the Memphis, Tennessee Regional Rail Plan

(subject to passage hereafter by the House of a bill

authorizing appropriations therefor, and only in amounts

provided therein);

$75,000,000 for the New Jersey Urban Core-Secaucus project;

$10,000,000 for the New Orleans Canal Street Corridor project

(subject to passage hereafter by the House of a bill

authorizing appropriations therefor, and only in amounts

provided therein);

$114,989,000 for the New York Queens Connection project;

$5,000,000 for the Orange County Transitway project (subject

to passage hereafter by the House of a bill authorizing

appropriations therefor, and only in amounts provided therein);

$22,630,000 for the Pittsburgh Airport Phase 1 project;

$85,500,000 for the Portland Westside LRT project;

$2,000,000 for the Sacramento LRT extension project;

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

$5,000,000 for the Salt Lake City light rail project:

Provided, That such funding may be available only for related

high-occupancy vehicle lane and intermodal corridor design

costs;

$10,000,000 for the San Francisco BART extension to the San

Francisco airport project;

$15,000,000 for the San Juan, Puerto Rico Tren Urbano project

(subject to passage hereafter by the House of a bill

authorizing appropriations therefor, and only in amounts

provided therein);

$1,000,000 for the Tampa to Lakeland commuter rail project

(subject to passage hereafter by the House of a bill

authorizing appropriations therefor, and only in amounts

provided therein);

$5,000,000 for the Whitehall ferry terminal, New York, New

York (subject to passage hereafter by the House of a bill

authorizing appropriations therefor, and only in amounts

provided therein); and

$14,400,000 for the Wisconsin central commuter project

(subject to passage hereafter by the House of a bill

authorizing appropriations therefor, and only in amounts

provided therein).

MASS TRANSIT CAPITAL FUND

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out 49 U.S.C.

5338(b) administered by the Federal Transit Administration,

$2,000,000,000 to be derived from the Highway Trust Fund and to

remain available until expended.

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

For necessary expenses to carry out the provisions of section 14

of Public Law 96-184 and Public Law 101-551, $200,000,000, to

remain available until expended.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is hereby

authorized to make such expenditures, within the limits of funds

and borrowing authority available to the Corporation, and in accord

with law, and to make such contracts and commitments without regard

to fiscal year limitations as provided by section 104 of the

Government Corporation Control Act, as amended, as may be necessary

in carrying out the programs set forth in the Corporation`s budget

for the current fiscal year.

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses for operation and maintenance of those

portions of the Saint Lawrence Seaway operated and maintained by

the Saint Lawrence Seaway Development Corporation, $10,190,500, to

be derived from the Harbor Maintenance Trust Fund, pursuant to

Public Law 99-662.

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

RESEARCH AND SPECIAL PROGRAMS

For expenses necessary to discharge the functions of the Research

and Special Programs Administration, $26,030,000, of which $574,000

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

$7,606,000 shall remain available until September 30, 1998:

Provided, That $2,322,000 shall be transferred to the Bureau of

Transportation Statistics for the expenses necessary to conduct

activities related to Airline Statistics, and of which $272,000

shall remain available until expended: Provided further, That up to

$1,000,000 in fees collected under 49 U.S.C. 5108(g) shall be

deposited in the general fund of the Treasury as offsetting

receipts: Provided further, That there may be credited to this

appropriation funds received from States, counties, municipalities,

other public authorities, and private sources for expenses incurred

for training, for reports publication and dissemination.

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

For expenses necessary to conduct the functions of the pipeline

safety program for grants-in-aid to carry out a pipeline safety

program, as authorized by 49 U.S.C. 60107 and the Hazardous Liquid

Pipeline Safety Act of 1979, as amended, and to discharge the

pipeline program responsibilities of the Oil Pollution Act of 1990,

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

Spill Liability Trust Fund and shall remain available until

September 30, 1998; and of which $27,243,000 shall be derived from

the Pipeline Safety Fund, of which $19,423,000 shall remain

available until September 30, 1998: Provided, That from amounts

made available herein from the Pipeline Safety Fund, not to exceed

$1,000,000 shall be available for grants to States for the

development and establishment of one-call notification systems.

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

For necessary expenses to carry out 49 U.S.C. 5127(c), $400,000

to be derived from the Emergency Preparedness Fund, to remain

available until September 30, 1998: Provided, That not more than

$8,890,000 shall be made available for obligation in fiscal year

1996 from amounts made available by 49 U.S.C. 5116(i) and 5127(d):

Provided further, That no such funds shall be made available for

obligation by individuals other than the Secretary of

Transportation, or his designees.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General to

carry out the provisions of the Inspector General Act of 1978, as

amended, $40,238,000.

TITLE II

RELATED AGENCIES

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

SALARIES AND EXPENSES

For expenses necessary for the Architectural and Transportation

Barriers Compliance Board, as authorized by section 502 of the

Rehabilitation Act of 1973, as amended, $3,656,000: Provided, That,

notwithstanding any other provision of law, there may be credited

to this appropriation funds received for publications and training

expenses.

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety

Board, including hire of passenger motor vehicles and aircraft;

services as authorized by 5 U.S.C. 3109, but at rates for

individuals not to exceed the per diem rate equivalent to the rate

for a GS-18; uniforms, or allowances therefor, as authorized by law

(5 U.S.C. 5901-5902), $38,774,000, of which not to exceed $1,000

may be used for official reception and representation expenses.

EMERGENCY FUND

For necessary expenses of the National Transportation Safety

Board for accident investigations, including hire of passenger

motor vehicles and aircraft; services as authorized by 5 U.S.C.

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

equivalent to the rate for a GS-18; uniforms, or allowances

therefor, as authorized by law (5 U.S.C. 5901-5902), $160,802 to

remain available until expended.

INTERSTATE COMMERCE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Interstate Commerce Commission,

including services as authorized by 5 U.S.C. 3109, hire of

passenger motor vehicles as authorized by 31 U.S.C. 1343(b),

$13,379,000, of which $4,984,000 shall be for severance and closing

costs: Provided, That of the fees collected in fiscal year 1996 by

the Interstate Commerce Commission pursuant to 31 U.S.C. 9701,

one-twelfth of $8,300,000 of those fees collected shall be made

available for each month the Commission remains in existence during

fiscal year 1996.

PAYMENTS FOR DIRECTED RAIL SERVICE

(LIMITATION ON OBLIGATIONS)

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

execution of programs the obligations for which can reasonably be

expected to exceed $475,000 for directed rail service authorized

under 49 U.S.C. 11125 or any other Act.

PANAMA CANAL COMMISSION

PANAMA CANAL REVOLVING FUND

For administrative expenses of the Panama Canal Commission,

including not to exceed $11,000 for official reception and

representation expenses of the Board; not to exceed $5,000 for

official reception and representation expenses of the Secretary;

and not to exceed $30,000 for official reception and representation

expenses of the Administrator, $50,741,000, to be derived from the

Panama Canal Revolving Fund: Provided, That funds available to the

Panama Canal Commission shall be available for the purchase of not

to exceed 38 passenger motor vehicles for replacement only

(including large heavy-duty vehicles used to transport Commission

personnel across the Isthmus of Panama), the purchase price of

which shall not exceed $19,500 per vehicle.

TITLE III

GENERAL PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

Sec. 301. During the current fiscal year applicable

appropriations to the Department of Transportation shall be

available for maintenance and operation of aircraft; hire of

passenger motor vehicles and aircraft; purchase of liability

insurance for motor vehicles operating in foreign countries on

official department business; and uniforms, or allowances therefor,

as authorized by law (5 U.S.C. 5901-5902).

Sec. 302. Funds for the Panama Canal Commission may be

apportioned notwithstanding 31 U.S.C. 1341 to the extent necessary

to permit payment of such pay increases for officers or employees

as may be authorized by administrative action pursuant to law that

are not in excess of statutory increases granted for the same

period in corresponding rates of compensation for other employees

of the Government in comparable positions.

Sec. 303. Funds appropriated under this Act for expenditures by

the Federal Aviation Administration shall be available (1) except

as otherwise authorized by the Act of September 30, 1950 (20 U.S.C.

236-244), for expenses of primary and secondary schooling for

dependents of Federal Aviation Administration personnel stationed

outside the continental United States at costs for any given area

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

area, when it is determined by the Secretary that the schools, if

any, available in the locality are unable to provide adequately for

the education of such dependents, and (2) for transportation of

said dependents between schools serving the area that they attend

and their places of residence when the Secretary, under such

regulations as may be prescribed, determines that such schools are

not accessible by public means of transportation on a regular

basis.

Sec. 304. Appropriations contained in this Act for the Department

of Transportation shall be available for services as authorized by

5 U.S.C. 3109, but at rates for individuals not to exceed the per

diem rate equivalent to the rate for an Executive Level IV.

Sec. 305. None of the funds for the Panama Canal Commission may

be expended unless in conformance with the Panama Canal Treaties of

1977 and any law implementing those treaties.

Sec. 306. None of the funds in this Act shall be used for the

planning or execution of any program to pay the expenses of, or

otherwise compensate, non-Federal parties intervening in regulatory

or adjudicatory proceedings funded in this Act.

Sec. 307. None of the funds appropriated in this Act shall remain

available for obligation beyond the current fiscal year, nor may

any be transferred to other appropriations, unless expressly so

provided herein.

Sec. 308. The Secretary of Transportation may enter into grants,

cooperative agreements, and other transactions with any person,

agency, or instrumentality of the United States, any unit of State

or local government, any educational institution, and any other

entity in execution of the Technology Reinvestment Project

authorized under the Defense Conversion, Reinvestment and

Transition Assistance Act of 1992 and related legislation:

Provided, That the authority provided in this section may be

exercised without regard to section 3324 of title 31, United States

Code.

Sec. 309. The expenditure of any appropriation under this Act for

any consulting service through procurement contract pursuant to

section 3109 of title 5, United States Code, shall be limited to

those contracts where such expenditures are a matter of public

record and available for public inspection, except where otherwise

provided under existing law, or under existing Executive order

issued pursuant to existing law.

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

Transportation shall distribute the obligation limitation for

Federal-aid highways by allocation in the ratio which sums

authorized to be appropriated for Federal-aid highways that are

apportioned or allocated to each State for such fiscal year bear to

the total of the sums authorized to be appropriated for Federal-aid

highways that are apportioned or allocated to all the States for

such fiscal year.

(b) During the period October 1 through December 31, 1995, no

State shall obligate more than 25 per centum of the amount

distributed to such State under subsection (a), and the total of

all State obligations during such period shall not exceed 12 per

centum of the total amount distributed to all States under such

subsection.

(c) Notwithstanding subsections (a) and (b), the Secretary shall

-

(1) provide all States with authority sufficient to prevent

lapses of sums authorized to be appropriated for Federal-aid

highways that have been apportioned to a State;

(2) after August 1, 1996, revise a distribution of the funds

made available under subsection (a) if a State will not

obligate the amount distributed during that fiscal year and

redistribute sufficient amounts to those States able to

obligate amounts in addition to those previously distributed

during that fiscal year giving priority to those States having

large unobligated balances of funds apportioned under sections

103(e)(4), 104, and 144 of title 23, United States Code, and

under sections 1013(c) and 1015 of Public Law 102-240; and

(3) not distribute amounts authorized for administrative

expenses and funded from the administrative takedown authorized

by section 104(a), title 23 U.S.C., the Federal lands highway

program, the intelligent vehicle highway systems program, and

amounts made available under sections 1040, 1047, 1064, 6001,

6005, 6006, 6023, and 6024 of Public Law 102-240, and 49 U.S.C.

5316, 5317, and 5338: Provided, That amounts made available

under section 6005 of Public Law 102-240 shall be subject to

the obligation limitation for Federal-aid highways and highway

safety construction programs under the head `Federal-Aid

Highways` in this Act.

(d) During the period October 1 through December 31, 1995, the

aggregate amount of obligations under section 157 of title 23,

United States Code, for projects covered under section 147 of the

Surface Transportation Assistance Act of 1978, section 9 of the

Federal-Aid Highway Act of 1981, sections 131(b), 131(j), and 404

of Public Law 97-424, sections 1061, 1103 through 1108, 4008, and

6023(b)(8) and 6023(b)(10) of Public Law 102-240, and for projects

authorized by Public Law 99-500 and Public Law 100-17, shall not

exceed $277,431,840.

(e) During the period August 2 through September 30, 1996, the

aggregate amount which may be obligated by all States pursuant to

paragraph (d) shall not exceed 2.5 percent of the aggregate amount

of funds apportioned or allocated to all States -

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

Code, and 1013(c) and 1015 of Public Law 102-240, and

(2) for highway assistance projects under section 103(e)(4)

of title 23, United States Code,

which would not be obligated in fiscal year 1996 if the total

amount of the obligation limitation provided for such fiscal year

in this Act were utilized.

(f) Paragraph (e) shall not apply to any State which on or after

August 1, 1996, has the amount distributed to such State under

paragraph (a) for fiscal year 1996 reduced under paragraph (c)(2).

Sec. 311. None of the funds in this Act shall be available for

salaries and expenses of more than one hundred and ten political

and Presidential appointees in the Department of Transportation:

Provided, That none of the personnel covered by this provision may

be assigned on temporary detail outside the Department of

Transportation.

Sec. 312. The limitation on obligations for the programs of the

Federal Transit Administration shall not apply to any authority

under 49 U.S.C. 5338, previously made available for obligation, or

to any other authority previously made available for obligation

under the discretionary grants program.

Sec. 313. None of the funds in this Act shall be used to

implement section 404 of title 23, United States Code.

Sec. 314. Such sums as may be necessary for fiscal year 1996 pay

raises for programs funded in this Act shall be absorbed within the

levels appropriated in this Act or previous appropriations Acts.

Sec. 315. Funds received by the Research and Special Programs

Administration from States, counties, municipalities, other public

authorities, and private sources for expenses incurred for training

and for reports` publication and dissemination may be credited to

the Research and Special Programs account.

Sec. 316. None of the funds in this Act shall be available to

plan, finalize, or implement regulations that would establish a

vessel traffic safety fairway less than five miles wide between the

Santa Barbara Traffic Separation Scheme and the San Francisco

Traffic Separation Scheme.

Sec. 317. Notwithstanding any other provision of law, airports

may transfer, without consideration, to the Federal Aviation

Administration (FAA) instrument landing systems (along with

associated approach lighting equipment and runway visual range

equipment) which conform to FAA design and performance

specifications, the purchase of which was assisted by a Federal

airport aid program, airport development aid program or airport

improvement program grant. The FAA shall accept such equipment,

which shall thereafter be operated and maintained by the FAA in

accordance with agency criteria.

Sec. 318. None of the funds in this Act shall be available to

award a multiyear contract for production end items that (1)

includes economic order quantity or long lead time material

procurement in excess of $10,000,000 in any one year of the

contract or (2) includes a cancellation charge greater than

$10,000,000 which at the time of obligation has not been

appropriated to the limits of the government`s liability or (3)

includes a requirement that permits performance under the contract

during the second and subsequent years of the contract without

conditioning such performance upon the appropriation of funds:

Provided, That this limitation does not apply to a contract in

which the Federal Government incurs no financial liability from not

buying additional systems, subsystems, or components beyond the

basic contract requirements.

Sec. 319. None of the funds provided in this Act shall be made

available for planning and executing a passenger manifest program

by the Department of Transportation that only applies to United

States flag carriers.

Sec. 320. None of the funds made available in this Act may be

used to implement, administer, or enforce the provisions of section

1038(d) of Public Law 102-240.

Sec. 321. Notwithstanding any other provision of law, and except

for fixed guideway modernization projects, funds made available by

this Act under `Federal Transit Administration, Discretionary

grants` for projects specified in this Act or identified in reports

accompanying this Act not obligated by September 30, 1998, shall be

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

Sec. 322. Notwithstanding any other provision of law, any funds

appropriated before October 1, 1993, under any section of chapter

53 of title 49 U.S.C., that remain available for expenditure may be

transferred to and administered under the most recent appropriation

heading for any such section.

Sec. 323. None of the funds in this Act shall be available to

implement or enforce regulations that would result in the

withdrawal of a slot from an air carrier at O`Hare International

Airport under section 93.223 of title 14 of the Code of Federal

Regulations in excess of the total slots withdrawn from that air

carrier as of October 31, 1993 if such additional slot is to be

allocated to an air carrier or foreign air carrier under section

93.217 of title 14 of the Code of Federal Regulations.

Sec. 324. None of the funds made available by this Act may be

obligated or expended to design, construct, erect, modify or

otherwise place any sign in any State relating to any speed limit,

distance, or other measurement on any highway if such sign

establishes such speed limit, distance, or other measurement using

the metric system.

Sec. 325. Notwithstanding any other provisions of law, tolls

collected for motor vehicles on any bridge connecting the boroughs

of Brooklyn, New York, and Staten Island, New York, shall continue

to be collected for only those vehicles exiting from such bridge in

Staten Island.

Sec. 326. None of the funds in this Act may be used to compensate

in excess of 335 technical staff years under the federally-funded

research and development center contract between the Federal

Aviation Administration and the Center for Advanced Aviation

Systems Development during fiscal year 1996.

Sec. 327. Funds provided in this Act for the Department of

Transportation working capital fund (WCF) shall be reduced by

$10,000,000, which limits fiscal year 1996 WCF obligational

authority for elements of the Department of Transportation funded

in this Act to no more than $92,231,000: Provided, That such

reductions from the budget request shall be allocated by the

Department of Transportation to each appropriations account in

proportion to the amount included in each account for the working

capital fund.

Sec. 328. Funds received by the Federal Highway Administration,

Federal Transit Administration, and Federal Railroad Administration

from States, counties, municipalities, other public authorities,

and private sources for expenses incurred for training may be

credited respectively to the Federal Highway Administration`s

`Limitation on General Operating Expenses` account, the Federal

Transit Administration`s `Transit Planning and Research` account,

and to the Federal Railroad Administration`s `Railroad Safety`

account, except for State rail safety inspectors participating in

training pursuant to 49 U.S.C. 20105.

Sec. 329. (a) Purchase of American-Made Equipment and Products. -

It is the sense of the Congress that, to the greatest extent

practicable, all equipment and products purchased with funds made

available in this Act should be American-made.

(b) Notice Requirement. - In providing financial assistance to,

or entering into any contract with, any entity using funds made

available in this Act, the head of each Federal agency, to the

greatest extent practicable, shall provide to such entity a notice

describing the statement made in subsection (a) by the Congress.

Sec. 330. None of the funds in this Act shall be available to

prepare, propose, or promulgate any regulations pursuant to title V

of the Motor Vehicle Information and Cost Savings Act (49 U.S.C.

32901, et seq.) prescribing corporate average fuel economy

standards for automobiles, as defined in such title, in any model

year that differs from standards promulgated for such automobiles

prior to enactment of this section.

Sec. 331. Notwithstanding 15 U.S.C. 631 et seq. and 10 U.S.C.

2301 et seq. as amended, the United States Coast Guard acquisition

of 47-foot Motor Life Boats for fiscal years 1995 through 2000

shall be subject to full and open competition for all U.S.

shipyards. Accordingly, the Federal Acquisition Regulations (FAR)

(including but not limited to FAR Part 19), shall not apply to the

extent they are inconsistent with a full and open competition.

Sec. 332. None of the funds in this Act may be used for planning,

engineering, design, or construction of a sixth runway at the new

Denver International Airport, Denver, Colorado: Provided, That this

provision shall not apply in any case where the Administrator of

the Federal Aviation Administration determines, in writing, that

safety conditions warrant obligation of such funds.

Sec. 333. (a) Section 5302(a)(1) of title 49, United States Code,

is amended by striking -

(1) in subparagraph (B), `that extends the economic life of

the bus for at least 5 years`; and

(2) in subparagraph (C), `that extends the economic life of

the bus for at least 8 years`.

(b) The amendments made by this section shall not take effect

before March 31, 1996.

Sec. 334. Notwithstanding 31 U.S.C. 3302, funds received by the

Bureau of Transportation Statistics from the sale of data products,

for necessary expenses incurred pursuant to the provisions of

section 6006 of the Intermodal Surface Transportation Efficiency

Act of 1991, may be credited to the Federal-aid highways account

for the purpose of reimbursing the Bureau for such expenses:

Provided, That such funds shall not be subject to the obligation

limitation for Federal-aid highways and highway safety

construction.

Sec. 335. Of the budgetary resources provided to the Department

of Transportation (excluding the Maritime Administration) during

fiscal year 1996, $25,000,000 are permanently canceled: Provided,

That the Secretary of Transportation shall reduce the existing

field office structure, and to the extent practicable collocate the

Department`s surface transportation field offices: Provided

further, That the Secretary may for the purpose of consolidation of

offices and facilities other than those at Headquarters, after

notification to and approval of the House and Senate Committees on

Appropriations, transfer the funds made available by this Act for

civilian and military personnel compensation and benefits and other

administrative expenses to other appropriations made available to

the Department of Transportation as the Secretary may designate, to

be merged with and to be available for the same purposes and for

the same time period as the appropriations of funds to which

transferred: Provided further, That no appropriation shall be

increased or decreased by more than ten per centum by all such

transfers.

Sec. 336. The Secretary of Transportation is authorized to

transfer funds appropriated for any office of the Office of the

Secretary to `Rental payments` for any expense authorized by that

appropriation in excess of the amounts provided in this Act:

Provided, That prior to any such transfer, notification shall be

provided to the House and Senate Committees on Appropriations.

Sec. 337. None of the funds in this Act may be obligated or

expended for employee training which: (a) does not meet identified

needs for knowledge, skills and abilities bearing directly upon the

performance of official duties; (b) contains elements likely to

induce high levels of emotional response or psychological stress in

some participants; (c) does not require prior employee notification

of the content and methods to be used in the training and written

end of course evaluations; (d) contains any methods or content

associated with religious or quasi-religious belief systems or `new

age` belief systems as defined in Equal Employment Opportunity

Commission Notice N-915.022, dated September 2, 1988; (e) is

offensive to, or designed to change, participants` personal values

or lifestyle outside the workplace; or (f) includes content related

to human immunodeficiency virus/acquired immune deficiency syndrome

(HIV/AIDS) other than that necessary to make employees more aware

of the medical ramifications of HIV/AIDS and the workplace rights

of HIV-positive employees.

Sec. 338. None of the funds in this Act may be used to enforce

the requirement that airport charges make the as airport

self-sustaining as possible or the prohibition against revenue

diversion in the Airport and Airway Improvement Act of 1982 (49

U.S.C. 47107) against Hot Springs Memorial Field in Hot Springs,

Arkansas, on the grounds of such airport`s failure to collect fair

market rental value for the facilities known as Kimery Park and

Family Park: Provided, That any fees collected by any person for

the use of such parks above those required for the operation and

maintenance of such parks shall be remitted to such airport:

Provided further, That the Federal Aviation Administration does not

find that any use of, or structures on, Kimery Park and Family Park

are incompatible with the safe and efficient use of the airport.

Sec. 339. (a) Except as provided in subsection (b) of this

section, 180 days after attaining eligibility for an immediate

retirement annuity under 5 U.S.C. 8336 or 5 U.S.C. 8412, an

individual shall not be eligible to receive compensation under 5

U.S.C. 8105-8106 resulting from work injuries associated with

employment with the Department of Transportation (excluding the

Maritime Administration).

(b) An individual who, on the date of enactment of this Act, is

eligible to receive an immediate annuity described in subsection

(a) may continue to receive such compensation under 5 U.S.C.

8105-8106 until March 31, 1996.

Sec. 340. None of the funds in this Act shall be available to pay

the salaries and expenses of any individual to arrange tours of

scientists or engineers employed by or working for the People`s

Republic of China, to hire citizens of the People`s Republic of

China to participate in research fellowships sponsored by the

Federal Highway Administration or other modal administrations of

the Department of Transportation, or to provide training or any

form of technology transfer to scientists or engineers employed by

or working for the People`s Republic of China.

Sec. 341. None of the funds in this Act may be used to support

Federal Transit Administration`s field operations and oversight of

the Washington Metropolitan Area Transit Authority in any location

other than from the Washington, D.C. metropolitan area.

Sec. 342. In addition to the sums made available to the

Department of Transportation, $8,421,000 shall be available on the

effective date of legislation transferring certain rail and motor

carrier functions from the Interstate Commerce Commission to the

Department of Transportation: Provided, That such amount shall be

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

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

year 1996 by the successors of the Interstate Commerce Commission,

one-twelfth of $8,300,000 of those fees shall be made available for

each month during fiscal year 1996 that the successors of the

Interstate Commerce Commission carry out the transferred rail and

motor carrier functions.

TITLE IV - PROVIDING FOR THE ADOPTION OF MANDATORY STANDARDS AND

PROCEDURES GOVERNING THE ACTIONS OF ARBITRATORS IN THE ARBITRATION

OF LABOR DISPUTES INVOLVING TRANSIT AGENCIES OPERATING IN THE

NATIONAL CAPITAL AREA

SECTION 401. SHORT TITLE.

This title may be cited as the `National Capital Area Interest

Arbitration Standards Act of 1995`.

SEC. 402. FINDINGS AND PURPOSES.

(a) Findings. - The Congress finds that -

(1) affordable public transportation is essential to the

economic vitality of the national capital area and is an

essential component of regional efforts to improve air quality

to meet environmental requirements and to improve the health of

both residents of and visitors to the national capital area as

well as to preserve the beauty and dignity of the Nation`s

capital;

(2) use of mass transit by both residents of and visitors to

the national capital area is substantially affected by the

prices charged for such mass transit services, prices that are

substantially affected by labor costs, since more than 2/3 of

operating costs are attributable to labor costs;

(3) labor costs incurred in providing mass transit in the

national capital area have increased at an alarming rate and

wages and benefits of operators and mechanics currently are

among the highest in the Nation;

(4) higher operating costs incurred for public transit in the

national capital area cannot be offset by increasing costs to

patrons, since this often discourages ridership and thus

undermines the public interest in promoting the use of public

transit;

(5) spiraling labor costs cannot be offset by the

governmental entities that are responsible for subsidy payments

for public transit services since local governments generally,

and the District of Columbia government in particular, are

operating under severe fiscal constraints;

(6) imposition of mandatory standards applicable to

arbitrators resolving arbitration disputes involving interstate

compact agencies operating in the national capital area will

ensure that wage increases are justified and do not exceed the

ability of transit patrons and taxpayers to fund the increase;

and

(7) Federal legislation is necessary under Article I of

section 8 of the United States Constitution to balance the need

to moderate and lower labor costs while maintaining industrial

peace.

(b) Purpose. - It is therefore the purpose of this Act to adopt

standards governing arbitration which must be applied by

arbitrators resolving disputes involving interstate compact

agencies operating in the national capital area in order to lower

operating costs for public transportation in the Washington

metropolitan area.

SEC. 403. DEFINITIONS.

As used in this Title -

(1) the term `arbitration` means -

(A) the arbitration of disputes, regarding the terms and

conditions of employment, that is required under an

interstate compact governing an interstate compact agency

operating in the national capital area; and

(B) does not include the interpretation and application

of rights arising from an existing collective bargaining

agreement;

(2) the term `arbitrator` refers to either a single

arbitrator, or a board of arbitrators, chosen under applicable

procedures;

(3) an interstate compact agency`s `funding ability` is the

ability of the interstate compact agency, or of any

governmental jurisdiction which provides subsidy payments or

budgetary assistance to the interstate compact agency, to

obtain the necessary financial resources to pay for wage and

benefit increases for employees of the interstate compact

agency;

(4) the term `interstate compact agency operating in the

national capital area` means any interstate compact agency

which provides public transit services;

(5) the term `interstate compact agency` means any agency

established by an interstate compact to which the District of

Columbia is a signatory; and

(6) the term `public welfare` includes, with respect to

arbitration under an interstate compact -

(A) the financial ability of the individual jurisdictions

participating in the compact to pay for the costs of

providing public transit services; and

(B) the average per capita tax burden, during the term of

the collective bargaining agreement to which the

arbitration relates, of the residents of the Washington,

D.C. metropolitan area, and the effect of an arbitration

award rendered pursuant to such arbitration on the

respective income or property tax rates of the

jurisdictions which provide subsidy payments to the

interstate compact agency established under the compact.

SEC. 404. STANDARDS FOR ARBITRATORS.

(a) Factors in Making Arbitration Award. - An arbitrator

rendering an arbitration award involving the employees of an

interstate compact agency operating in the national capital area

may not make a finding or a decision for inclusion in a collective

bargaining agreement governing conditions of employment without

considering the following factors:

(1) The existing terms and conditions of employment of the

employees in the bargaining unit.

(2) All available financial resources of the interstate

compact agency.

(3) The annual increase or decrease in consumer prices for

goods and services as reflected in the most recent consumer

price index for the Washington, D.C. metropolitan area,

published by the Bureau of Labor Statistics of the United

States Department of Labor.

(4) The wages, benefits, and terms and conditions of the

employment of other employees who perform, in other

jurisdictions in the Washington, D.C. standard metropolitan

statistical area, services similar to those in the bargaining

unit.

(5) The special nature of the work performed by the employees

in the bargaining unit, including any hazards or the relative

ease of employment, physical requirements, educational

qualifications, job training and skills, shift assignments, and

the demands placed upon the employees as compared to other

employees of the interstate compact agency.

(6) The interests and welfare of the employees in the

bargaining unit, including -

(A) the overall compensation presently received by the

employees, having regard not only for wage rates but also

for wages for time not worked, including vacations,

holidays, and other excused absences;

(B) all benefits received by the employees, including

previous bonuses, insurance, and pensions; and

(C) the continuity and stability of employment.

(7) The public welfare.

(b) Compact Agency`s Funding Ability. - An arbitrator rendering

an arbitration award involving the employees of an interstate

compact agency operating in the national capital area may not, with

respect to a collective bargaining agreement governing conditions

of employment, provide for salaries and other benefits that exceed

the interstate compact agency`s funding ability.

(c) Requirements for Final Award. - In resolving a dispute

submitted to arbitration involving the employees of an interstate

compact agency operating in the national capital area, the

arbitrator shall issue a written award that demonstrates that all

the factors set forth in subsections (a) and (b) have been

considered and applied. An award may grant an increase in pay

rates or benefits (including insurance and pension benefits), or

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

costs to the agency do not adversely affect the public welfare.

The arbitrator`s conclusion regarding the public welfare must be

supported by substantial evidence.

SEC. 405. PROCEDURES FOR ENFORCEMENT OF AWARDS.

(a) Modifications and Finality of Award. - In the case of an

arbitration award to which section 404 applies, the interstate

compact agency and the employees in the bargaining unit, through

their representative, may agree in writing upon any modifications

to the award within 10 days after the award is received by the

parties. After the end of that 10-day period, the award, with any

such modifications, shall become binding upon the interstate

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

employees` representative.

(b) Implementation. - Each party to an award that becomes binding

under subsection (a) shall take all actions necessary to implement

the award.

(c) Judicial Review. - Within 60 days after an award becomes

binding under subsection (a), the interstate compact agency or the

exclusive representative of the employees concerned may file a

civil action in a court which has jurisdiction over the interstate

compact agency for review of the award. The court shall review the

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

award, after notice and a hearing, if -

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

(2) the arbitrator exceeded the arbitrator`s powers;

(3) the decision by the arbitrator is arbitrary or

capricious;

(4) the arbitrator conducted the hearing contrary to the

provisions of this title or other statutes or rules that apply

to the arbitration so as to substantially prejudice the rights

of a party;

(5) there was partiality or misconduct by the arbitrator

prejudicing the rights of a party;

(6) the award was procured by corruption, fraud, or bias on

the part of the arbitrator; or

(7) the arbitrator did not comply with the provisions of

section 404.

TITLE V

ADDITIONAL GENERAL PROVISIONS

Sec. 501. None of the funds made available in this Act may be

used for improvements to the Miller Highway in New York City, New

York.

This Act may be cited as the `Department of Transportation and

Related Agencies Appropriations Act, 1996`.

Passed the House of Representatives July 25, 1995.

Attest:

Clerk.