Home > 106th Congressional Bills > H.R. 2084 (eh) Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 2000, and for other purposes. [Engrossed in House] ...

H.R. 2084 (eh) Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 2000, and for other purposes. [Engrossed in House] ...


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                     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 Secretary of Transportation, 
or his designee.

                      OFFICE OF INSPECTOR GENERAL

                         Salaries and Expenses

                     (including transfer of funds)

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$48,000,000, of which $43,000,000 shall be derived from transfers of 
funds from the United States Coast Guard, the Federal Aviation 
Administration, the Federal Highway Administration, the Federal 
Railroad Administration, and the Federal Transit Administration: 
Provided, 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 air carriers, foreign air carriers, and 
ticket agents: Provided further, That, it is the sense of the Senate, 
for purposes of the preceding proviso, the terms ``unfair or deceptive 
practices'' 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 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 monitoring by the Inspector 
General of the compliance of air carriers and foreign carriers with 
respect to paragraph (1) of this proviso, and (3) for the submission to 
the appropriate committees of Congress 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 transportation: Provided further, That, it is the sense 
of the Senate, 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, 
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 
carriers deny travel to airline consumers with nonrefundable 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, $15,400,000: Provided, 
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 any fees received in excess 
of $1,600,000 in fiscal year 2000 shall remain available until 
expended, but shall not be available for obligation until October 1, 
2000.

                                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, $4,500,000: 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-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902), 
$51,500,000, of which not to exceed $2,000 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-15; uniforms, or allowances therefor, as authorized by law (5 
U.S.C. 5901-5902), $1,000,000, to remain available until expended.

                               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. 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 Secondary 
Education Act of 1965 (20 U.S.C. 7701 et seq.), 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 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 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 2000, the Secretary of Transportation 
shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid Highways amounts authorized for administrative 
        expenses and programs funded from the administrative takedown 
        authorized by section 104(a) of title 23, United States Code, 
        and amounts authorized for the highway use tax evasion program 
        and the Bureau of Transportation Statistics.
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid Highways that is equal to the unobligated 
        balance 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 paragraphs (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 subsection (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 
        Highways less the aggregate amounts not distributed under 
        paragraphs (1) and (2) for 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 
        the Transportation Equity Act for the 21st Century (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 the ratio determined under paragraph 
        (3) by the sums authorized 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 
        paragraph (4) for each of the programs that are allocated by 
        the Secretary under title 23, United States Code (other than 
        activities 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 
        paragraphs (4) and (5) for Federal-aid highways and highway 
        safety construction programs (other than the minimum guarantee 
        program, 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 
                programs 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 section 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 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.--Notwithstanding 
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 enactment of the Transportation Equity Act for 
the 21st Century) of title 23, United States Code, and under section 
1015 of the Intermodal Surface Transportation Act of 1991 (105 Stat. 
1943-1945).
    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--The obligation limitation shall apply to 
transportation research programs carried out under chapters 3 and 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 limitation 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 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) for a section set forth in subsection 
(a)(4) shall remain available until used for obligation of funds for 
such section and shall be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and highway safety 
construction programs 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 

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