PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2951

Public Law 104–205

104th Congress

An Act

Making appropriations for the Department of Transportation and related agencies

for the fiscal year ending September 30, 1997, 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,

1997, 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, $52,966,000, of which such sums as necessary shall be used to

investigate anticompetitive practices in air transportation, enforce

section 41712 of title 49, and report to Congress by the end of

the fiscal year on its progress to address anticompetitive practices,

and 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 custody

of airline tariffs that are already available for public and departmental access at no cost; to secure them against detection, alteration, or tampering; and open to inspection by the Department.

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $5,574,000.

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning,

research, systems development, and development activities, to

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

Department of

Transportation

and Related

Agencies

Appropriations

Act, 1997.

Sept. 30, 1996

[H.R. 3675]
110 STAT. 2952 PUBLIC LAW 104–205—SEPT. 30, 1996

TRANSPORTATION ADMINISTRATIVE SERVICE CENTER

Necessary expenses for operating costs and capital outlays of

the Transportation Administrative Service Center, not to exceed

$124,812,000, shall be paid from appropriations made available

to the Department of Transportation: Provided, That such services

shall be provided on a competitive basis to entities within the

Department of Transportation: Provided further, That the above

limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to

an agency of the Department shall be transferred to the Transportation Administrative Service Center without the approval of the

agency modal administrator: Provided further, That no assessments

may be levied against any program, budget activity, subactivity

or project funded by this Act unless notice of such

assessments and the basis therefor are presented to the House

and Senate Committees on Appropriations and are approved by

such Committees.

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, $25,900,000, 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 $25,900,000 for the Payments to Air Carriers

program in fiscal year 1997: 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,

$12,700,000 in fiscal year 1997 is hereby rescinded.
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2953

PAYMENTS TO AIR CARRIERS

(RESCISSION)

Of the budgetary resources remaining available under this

heading, $1,133,000 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, $127,447,000:

Provided, That of this amount, $2,022,000 shall be derived from

the Highway Trust Fund, $39,113,000 shall be derived from the

Airport and Airway Trust Fund, $840,000 shall be derived from

the Pipeline Safety Fund, and $193,000 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,

$17,294,000, 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 $2,635,000 shall remain

available until September 30, 1998: Provided, That notwithstanding

49 U.S.C. 332, these funds may be used for business opportunities

related to any mode of transportation.

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; $2,319,725,000, of

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

Trust Fund: 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 avail14 USC 92 note.
110 STAT. 2954 PUBLIC LAW 104–205—SEPT. 30, 1996

able 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.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, renovation,

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

and aircraft, including equipment related thereto, $374,840,000,

of which $20,000,000 shall be derived from the Oil Spill Liability

Trust Fund; of which $216,500,000 shall be available to acquire,

repair, renovate or improve vessels, small boats and related equipment, to remain available until September 30, 2001; $18,040,000

shall be available to acquire new aircraft and increase aviation

capability, to remain available until September 30, 1999;

$41,700,000 shall be available for other equipment, to remain available until September 30, 1999; $52,350,000 shall be available for

shore facilities and aids to navigation facilities, to remain available

until September 30, 1999; and $46,250,000 shall remain available

for personnel compensation and benefits and related costs, to remain

available until September 30, 1998: 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 Commandant may dispose of surplus real property by sale or lease

and the proceeds of such sale or lease shall be credited to this

appropriation: Provided further, That none of the funds in this

Act may be obligated or expended to continue the ‘‘Vessel Traffic

Service (VTS) 2000’’ Program: Provided further, That of the funds

provided under this heading, $1,000,000 is available only for a

Coast Guard analysis of future VTS system requirements which

minimizes complexity and is based upon an open system architecture maximizing use of off-the-shelf technology, to be conducted

in cooperation with the maritime community and local organizations

affected by the implementation of such systems.

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, $22,000,000, to remain available until

expended.

PORT SAFETY DEVELOPMENT

For necessary expenses for debt retirement of the Port of Portland, Oregon, without further findings and determinations,

$5,000,000, 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.
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2955

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); $608,084,000.

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; $65,890,000.

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

of which $5,020,000 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,

$35,000,000, to be derived from the Boat Safety Account and to

remain available until expended.

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, United States 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, $4,900,000,000, of

which $1,642,500,000 shall be derived from the Airport and Airway

Trust Fund: Provided, That notwithstanding any other provision

of law, not to exceed $75,000,000 from additional user fees to

be established by the Administrator of the Federal Aviation

Administration shall be credited to this appropriation as offsetting

collections and used for necessary and authorized expenses under

this heading: Provided further, That the sum herein appropriated

from the general fund shall be reduced on a dollar for dollar

basis as such offsetting collections are received during fiscal year
110 STAT. 2956 PUBLIC LAW 104–205—SEPT. 30, 1996

1997, to result in a final fiscal year 1997 appropriation from the

general fund estimated at not more than $3,182,500,000: Provided

further, That the only additional user fees authorized as offsetting

collections are fees for services provided to aircraft that neither

take off from, nor land in, the United States: Provided further,

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 agency services, including receipts for 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: Provided further, That none of the funds

in this Act may be obligated or expended to operate a manned

auxiliary flight service station in the contiguous United States:

Provided further, That none of the funds derived from the Airport

and Airway Trust Fund may be used to support the operations

and activities of the Associate Administrator for Commercial Space

Transportation.

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, United

States 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, $1,790,000,000, of which $1,573,000,000

shall remain available until September 30, 1999, and of which

$217,000,000 shall remain available until September 30, 1997: 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.
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2957

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, United States Code, including construction of experimental facilities and acquisition of necessary sites

by lease or grant, $187,412,000, to be derived from the Airport

and Airway Trust Fund and to remain available until September

30, 1999: 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, United States

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

$1,460,000,000 in fiscal year 1997 for grants-in-aid for airport planning and development, and noise compatibility planning and programs, notwithstanding section 47117(h) of title 49, United States

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,

United States Code.

AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM

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

under this heading during fiscal year 1997.

ADMINISTRATIVE SERVICES FRANCHISE FUND

There is hereby established in the Treasury a fund, to be

available without fiscal year limitation, for the costs of capitalizing

and operating such administrative services as the FAA Administrator determines may be performed more advantageously as centralized services, including accounting, international training,

payroll, travel, duplicating, multimedia and information technology

services: Provided, That any inventories, equipment, and other

49 USC 40113

note.

49 USC 40113

note.
110 STAT. 2958 PUBLIC LAW 104–205—SEPT. 30, 1996

assets pertaining to the services to be provided by such fund,

either on hand or on order, less the related liabilities or unpaid

obligations, and any appropriations made prior to the current year

for the purpose of providing capital shall be used to capitalize

such fund: Provided further, That such fund shall be paid in advance

from funds available to the FAA and other Federal agencies for

which such centralized services are performed, at rates which will

return in full all expenses of operation, including accrued leave,

depreciation of fund plant and equipment, amortization of Automated Data Processing (ADP) software and systems (either required

or donated), and an amount necessary to maintain a reasonable

operating reserve, as determined by the FAA Administrator: Provided further, That such fund shall provide services on a competitive

basis: Provided further, That an amount not to exceed four percent

of the total annual income to such fund may be retained in the

fund for fiscal year 1997 and each year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of FAA financial

management, ADP, and support systems: Provided further, That

no later than thirty days after the end of each fiscal year, amounts

in excess of this reserve limitation shall be transferred to miscellaneous receipts in the Treasury.

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 $521,114,000 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 $221,958,000 of the amount provided herein shall remain available until September 30, 1999.

HIGHWAY-RELATED SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

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, $2,049,000 to be derived from the Highway Trust Fund.

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 1997.

23 USC 104 note.
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2959

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,

$19,800,000,000 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 1997.

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out 49 U.S.C. 31102, $74,000,000, 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 $78,225,000 for ‘‘Motor Carrier Safety Grants’’.

STATE INFRASTRUCTURE BANKS

To carry out the State Infrastructure Bank Pilot Program (Public Law 104–59, section 350), $150,000,000, to remain available

until expended: Provided, That the Secretary may distribute these

funds in a manner determined by the Secretary to any State for

which a State Infrastructure Bank has been approved and the

State has requested such funds: Provided further, That no distribution of funds made available under this heading shall be made

prior to 180 days after the date of enactment of this Act: Provided

further, That the Secretary may approve State Infrastructure Banks

for more than 10 States: Provided further, That these funds shall

be used to advance projects or programs under the terms and

conditions of section 350: Provided further, That any State that

receives such funds may deposit any portion of those funds into

either the highway or transit account of the State Infrastructure

Bank: Provided further, That the Secretary shall ensure that the

Federal disbursements shall be at a rate consistent with historic

rates for the Federal-aid highways program.
110 STAT. 2960 PUBLIC LAW 104–205—SEPT. 30, 1996

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, $80,900,000, of which $45,646,000

shall remain available until September 30, 1999: 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, $51,712,000, of which $27,066,000 shall

remain available until September 30, 1999.

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, $168,100,000, 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 1997, are in excess of $168,100,000 for

programs authorized under 23 U.S.C. 402 and 410, as amended,

of which $128,700,000 shall be for ‘‘State and community highway

safety grants’’, $2,400,000 shall be for the ‘‘National Driver Register’’, $11,500,000 shall be for highway safety grants as authorized

by section 1003(a)(7) of Public Law 102–240, and $25,500,000 shall

be for section 410 ‘‘Alcohol-impaired driving counter-measures 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 not to exceed $5,468,000 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 $150,000 of the funds made available

for section 402 may be available for administering the highway

safety grants authorized by section 1003(a)(7) of Public Law 102–

240: Provided further, That the unobligated balances of the appro-
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2961

priation ‘‘Highway-Related Safety Grants’’ shall be transferred to

and merged with this ‘‘Highway Traffic Safety Grants’’ appropriation: Provided further, That not to exceed $500,000 of the funds

made available for section 410 ‘‘Alcohol-impaired driving countermeasures programs’’ shall be available for technical assistance to

the States.

FEDERAL RAILROAD ADMINISTRATION

OFFICE OF THE ADMINISTRATOR

For necessary expenses of the Federal Railroad Administration,

not otherwise provided for, $16,739,000, of which $1,523,000 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, $51,407,000, of which $2,476,000 shall

remain available until expended: Provided, That notwithstanding

any other law, funds appropriated under this heading are available

for the reimbursement of out-of-state travel and per diem costs

incurred by employees of State governments directly supporting

the Federal railroad safety program, including regulatory development and compliance-related activities.

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development, $20,100,000, 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, $115,000,000, to remain available until

September 30, 1999.

40 USC 817 note.
110 STAT. 2962 PUBLIC LAW 104–205—SEPT. 30, 1996

HIGH-SPEED RAIL TRAINSETS AND FACILITIES

For the National Railroad Passenger Corporation, $80,000,000,

to remain available until September 30, 1999, to pursue public/

private partnerships for high-speed rail trainset and maintenance

facility financing arrangements.

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 1997.

NEXT GENERATION HIGH-SPEED RAIL

For necessary expenses for Next Generation High-Speed Rail

studies, corridor planning, development, demonstration, and

implementation, $24,757,000, to remain available until expended:

Provided, That funds under this head may be made available for

grants to States for high-speed rail corridor design, feasibility

studies, environmental analyses, and track and signal

improvements.

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, $2,855,000, to be derived

from the Highway Trust Fund and to remain available until

expended.

ALASKA RAILROAD REHABILITATION

To enable the Secretary of Transportation to make grants to

the Alaska Railroad, $10,000,000 shall be for capital rehabilitation

and improvements benefiting its passenger operations.

RHODE ISLAND RAIL DEVELOPMENT

For the costs associated with construction of a third track

on the Northeast Corridor between Davisville and Central Falls,

Rhode Island, with sufficient clearance to accommodate double stack

freight cars, $7,000,000 to be matched by the State of Rhode Island

or its designee on a dollar for dollar basis and to remain available

until expended: Provided, That as a condition of accepting such

funds, the Providence and Worcester (P&W) Railroad shall enter

Contracts.
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2963

into an agreement with the Secretary to reimburse Amtrak and/

or the Federal Railroad Administration, on a dollar for dollar basis,

up to the first $13,000,000 in damages resulting from the legal

action initiated by the P&W Railroad under its existing contracts

with Amtrak relating to the provision of vertical clearances between

Davisville and Central Falls in excess of those required for present

freight operations.

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, $565,450,000, to remain available until expended,

of which $342,000,000 shall be available for operating losses and

for mandatory passenger rail service payments, and $223,450,000

shall be for capital improvements: Provided, That funding under

this head for capital improvements shall not be made available

before July 1, 1997: 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, $41,497,000.

FORMULA GRANTS

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

5311, and 5336, to remain available until expended, $490,000,000:

Provided, That no more than $2,149,185,000 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): Provided further, That the limitation on operating assistance provided under this heading shall, for urbanized

areas of less than 200,000 in population, be no less than seventyfive percent of the amount of operating assistance such areas are

eligible to receive under Public Law 103–331: Provided further,

That in the distribution of the limitation provided under this heading to urbanized areas that had a population under the 1990 census

of 1,000,000 or more, the Secretary shall direct each such area

to give priority consideration to the impact of reductions in operating assistance on smaller transit authorities operating within the

area and to consider the needs and resources of such transit authorities when the limitation is distributed among all transit authorities

operating in the area.

Urban and rural

areas.
110 STAT. 2964 PUBLIC LAW 104–205—SEPT. 30, 1996

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, $85,500,000, of which $39,500,000

shall be for activities under Metropolitan Planning (49 U.S.C. 5303);

$4,500,000 for activities under Rural Transit Assistance (49 U.S.C.

5311(b)(2)); $8,250,000 for activities under State Planning and

Research (49 U.S.C. 5313(b)); $22,000,000 for activities under

National Planning and Research (49 U.S.C. 5314); $8,250,000 for

activities under Transit Cooperative Research (49 U.S.C. 5313(a));

and $3,000,000 for National Transit Institute (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), $1,920,000,000, to remain available until expended and

to be derived from the Highway Trust Fund: Provided, That

$1,920,000,000 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 $1,900,000,000 in fiscal year 1997 for grants under

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

shall be available for fixed guideway modernization, $760,000,000;

there shall be available for the replacement, rehabilitation, and

purchase of buses and related equipment and the construction

of bus-related facilities, $380,000,000; and, notwithstanding any

other provision of law, except for fixed guideway modernization

projects, $8,890,000 made available under Public Law 102–240 and

Public Law 102–143 under ‘‘Federal Transit Administration, Discretionary Grants’’ for projects specified in those Acts or identified

in reports accompanying those Acts, not obligated by September

30, 1996; together with, notwithstanding any other provision of

law, $744,000 funds made available for the ‘‘New Bedford and

Fall River Massachusetts commuter rail extension’’ under Public

Law 103–331; together with, notwithstanding any other provision

of law, $47,322,000 funds made available for the ‘‘Chicago Central

Area Circulator Project’’ in Public Law 103–122 and Public Law

103–331, shall be made available for new fixed guideway systems
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2965

together with the $760,000,000 made available for new fixed guideway systems in this Act, to be available as follows: $6,390,000 for the Alaska-Hollis to Ketchikan ferry project;

$64,410,000 for the Atlanta-North Springs project;

$10,260,000 for the Baltimore-LRT Extension project;

$30,000,000 for the Boston Piers-MOS–2 project;

$1,000,000 for the Burlington-Charlotte, Vermont commuter rail project;

$3,500,000 for the Canton-Akron-Cleveland commuter rail

project;

$22,500,000, notwithstanding any other provision of law,

for transit improvements in the Chicago downtown area;

$3,000,000 for the Cincinnati Northeast-Northern

Kentucky rail line project;

$11,000,000 for the DART North Central light rail extension project;

$15,250,000 for the Dallas-Fort Worth RAILTRAN project;

$661,000,000 for the DeKalb County, Georgia light rail

project;

$1,500,000 for the Denver Southwest Corridor project;

$9,000,000 for the Florida Tri-County commuter rail

project;

$1,000,000 for the Griffin light rail project;

$40,590,000 for the Houston Regional Bus project;

$5,500,000 for the Jackson, Mississippi Intermodal

Corridor;

$15,000,000 for the Jacksonville ASE extension project;

$3,000,000 for the Kansas City Southtown corridor project;

$2,000,000 for the Little Rock, Arkansas Junction Bridge

project;

$70,000,000 for the Los Angeles-MOS–3 project;

$1,500,000 for the Los Angeles-San Diego commuter rail

project;

$33,191,000 for the MARC Commuter Rail Improvements

project;

$1,500,000 for the Metro-Dade Transit east-west corridor,

Florida project;

$1,000,000 for the Miami-North 27th Avenue project;

$3,039,000 for the Memphis, Tennessee Regional Rail Plan;

$4,240,000 for the Morgantown, West Virginia Personal

Rapid Transit System;

$10,000,000 for the New Jersey Urban Core/Hudson-Bergen

LRT project;

$105,530,000 for the New Jersey Urban Core/Secaucus

project;

$500,000 for the New Jersey West Trenton commuter rail

project;

$8,000,000 for the New Orleans Canal Street Corridor

project;

$2,000,000 for the New Orleans Desire Streetcar project;

$35,020,000 for the New York-Queens Connection project;

$500,000 for the Northern Indiana commuter rail project;

$2,000,000 for the Oklahoma City, MAPS corridor transit

system;

$3,000,000 for the Orange County transitway project;

$2,000,000 for the Orlando Lynx light rail project;

$10,000,000 for the Pittsburgh Airport busway project;
110 STAT. 2966 PUBLIC LAW 104–205—SEPT. 30, 1996

$6,000,000 for the Portland South/North light rail transit

project; $138,000,000 for the Portland-Westside/Hillsboro Extension

project; $2,000,000 for the Research Triangle Park, North Carolina

regional transit plan; $6,000,000 for the Sacramento LRT Extension project;

$35,000,000 for the Salt Lake City-South LRT project, of which $10,000,000 may be available for high-occupancy vehicle

lane and corridor design costs; $13,500,000 for St. Louis Metrolink;

$32,000,000 for the St. Louis-St. Clair Extension project;

$27,500,000 for the San Francisco Area-BART airport

extension/San Jose Tasman West LRT projects; $1,500,000 for the San Diego-Mid-Coast Corridor project;

$4,750,000 for the San Juan Tren Urbano project;

$3,000,000 for the Seattle-Renton-Tacoma light rail project;

$375,000 for the Staten Island-Midtown Ferry service

project; $2,000,000 for the Tampa Bay Regional Rail project;

$3,000,000 for the Virginia Rail Express Richmond to

Washington communter rail project; and $3,750,000 for the Whitehall ferry terminal, New York,

New York.

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,

$2,300,000,000, 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
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2967

by the Saint Lawrence Seaway Development Corporation, including

the Great Lakes Pilotage functions delegated by the Secretary of

Transportation, $10,337,000, 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, $26,886,000, of

which $574,000 shall be derived from the Pipeline Safety Fund,

and of which $7,101,000 shall remain available until September

30, 1999: Provided, That up to $1,200,000 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 to discharge the

pipeline program responsibilities of the Oil Pollution Act of 1990,

$30,988,000, of which $2,528,000 shall be derived from the Oil

Spill Liability Trust Fund and shall remain available until September 30, 1999; and of which $28,460,000 shall be derived from

the Pipeline Safety Fund, of which $15,500,000 shall remain available until September 30, 1999: Provided, That in addition to

amounts made available for the Pipeline Safety Fund, $1,000,000

shall be available for grants to States for the development and

establishment of one-call notification systems and shall be derived

from amounts previously collected under section 7005 of the Consolidated Omnibus Budget Reconciliation Act of 1985.

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, 1999: 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

For necessary expenses of the Office of Inspector General to

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

as amended, $37,900,000: Provided, That none of the funds under

this heading shall be for the conduct of contract audits.
110 STAT. 2968 PUBLIC LAW 104–205—SEPT. 30, 1996

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board,

including services authorized by 5 U.S.C. 3109, $12,344,000: Provided, That $3,000,000 in fees collected in fiscal year 1997 by

the Surface Transportation Board pursuant to 31 U.S.C. 9701 shall

be made available to this appropriation in fiscal year 1997: Provided

further, That any fees received in excess of $3,000,000 in fiscal

year 1997 shall remain available until expended, but shall not

be available for obligation until October 1, 1997.

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, $3,540,000: 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), $42,407,000, of which not to exceed $2,000 may be

used for official reception and representation expenses.

TITLE III—GENERAL PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

SEC. 301. During the current fiscal year applicable 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 1997

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

49 USC 106 note.
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2969

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 one hundred seven 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 1997 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, 1996,

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

23 USC 104 note.

Contracts.

Public

information.
110 STAT. 2970 PUBLIC LAW 104–205—SEPT. 30, 1996

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, 1997, 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) of title 23, United States Code, the

Federal lands highway program, the intelligent transportation

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, 1996,

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, 1997,

the aggregate amount which may be obligated by all States 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 1997 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, 1997, has the amount distributed to such State

under paragraph (a) for fiscal year 1997 reduced under paragraph

(c)(2).

(g) INCREASE IN ADMINISTRATIVE TAKEDOWN.—

(1) IN GENERAL.—Notwithstanding any other provision of

law, for fiscal year 1997 only, whenever an allocation is made

of the sums authorized to be appropriated for expenditure on

the Federal lands highways program, and whenever an apportionment is made of the sums authorized to be appropriated
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2971

for expenditure on the surface transportation program, the

congestion mitigation and air quality improvement program,

the National Highway System, the Interstate maintenance program, the Interstate reimbursement program, the highway

bridge replacement and rehabilitation program, and the donor

State bonus program, the Secretary of Transportation shall

deduct a sum in such amount not to exceed 41⁄4 per centum

of all sums to be authorized as the Secretary may determine

necessary for administering the provisions of law to be financed

from appropriations for the Federal-Aid Highway Program and

for carrying on the research authorized by subsections (a) and

(b) of section 307 of title 23, United States Code. In making

such determination, the Secretary shall take into account the

unobligated balance of any sums deducted for such purposes

in prior years. The sum so deducted shall remain available

until expended.

(2) EFFECT.—Any deduction by the Secretary of Transportation in accordance with this Act shall be deemed to be a

deduction under section 104(a) of title 23, United States Code.

SEC. 311. 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. 312. None of the funds in this Act shall be used to

implement section 404 of title 23, United States Code.

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

to plan, finalize, or implement regulations that would establish

a vessel traffic safety fairway less than five miles wide between

the Santa Barbara Traffic Separation Scheme and the San Francisco

Traffic Separation Scheme.

SEC. 314. Notwithstanding any other provision of law, airports

may transfer, without consideration, to the Federal Aviation

Administration (FAA) instrument landing systems (along with 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. 315. None of the funds in this Act shall be available

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

includes economic order quantity or long lead time material 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. 316. None of the funds provided in this Act shall be

made available for planning and executing a passenger manifest

49 USC 44502

note.

49 USC 5338

note.
110 STAT. 2972 PUBLIC LAW 104–205—SEPT. 30, 1996

program by the Department of Transportation that only applies

to United States flag carriers.

SEC. 317. 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, 1999,

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

SEC. 318. Notwithstanding any other provision of law, any

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

chapter 53 of title 49, United States Code, that remain available

for expenditure may be transferred to and administered under

the most recent appropriation heading for any such section.

SEC. 319. 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. 320. None of the funds in this Act may be used to compensate in excess of 335 technical staff years under the federallyfunded research and development center contract between the

Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 1997.

SEC. 321. Funds provided in this Act for the Transportation

Administrative Service Center (TASC) shall be reduced by

$10,000,000, which limits fiscal year 1997 TASC obligational

authority for elements of the Department of Transportation funded

in this Act to no more than $114,812,000: 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 Transportation

Administrative Service Center.

SEC. 322. 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. 323. 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. 324. 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
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2973

Administrator of the Federal Aviation Administration determines,

in writing, that safety conditions warrant obligation of such funds.

SEC. 325. 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.

That in addition to amounts otherwise provided in this Act, not

to exceed $3,100,000 in expenses of the Bureau of Transportation

Statistics necessary to conduct activities related to airline statistics

may be incurred, but only to the extent such expenses are offset

by user fees charged for those activities and credited as offsetting

collections.

SEC. 326. The Secretary of Transportation is authorized to

transfer funds appropriated in this Act 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. 327. 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. 328. None of the funds in this Act shall, in the absence

of express authorization by Congress, be used directly or indirectly

to pay for any personal service, advertisement, telegram, telephone,

letter, printed or written matter, or other device, intended or

designed to influence in any manner a Member of Congress, to

favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any

bill or resolution proposing such legislation or appropriation: Provided, That this shall not prevent officers or employees of the

Department of Transportation or related agencies funded in this

Act from communicating to Members of Congress on the request

of any Member or to Congress, through the proper official channels,

requests for legislation or appropriations which they deem necessary

for the efficient conduct of the public business.

SEC. 329. 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.

Notification.
110 STAT. 2974 PUBLIC LAW 104–205—SEPT. 30, 1996

SEC. 330. None of the funds made available in this Act may

be used for improvements to the Miller Highway in New York

City, New York.

SEC. 331. Not to exceed $1,250,000 of the funds provided in

this Act for the Department of Transportation shall be available

for the necessary expenses of advisory committees.

SEC. 332. Notwithstanding any other provision of law, the

Secretary may use funds appropriated under this Act, or any subsequent Act, to administer and implement the exemption provisions

of 49 CFR 580.6 and to adopt or amend exemptions from the

disclosure requirements of 49 CFR part 580 for any class or category

of vehicles that the Secretary deems appropriate.

SEC. 333. No funds other than those appropriated to the Surface

Transportation Board shall be used for conducting the activities

of the Board.

SEC. 334. Section 24902 of title 49, United States Code, is

amended by adding at the end the following new subsection:

‘‘(m) APPLICABLE PROCEDURES.—No State or local building, zoning, subdivision, or similar or related law, nor any other State

or local law from which a project would be exempt if undertaken

by the Federal Government or an agency thereof within a Federal

enclave wherein Federal jurisdiction is exclusive, including without

limitation with respect to all such laws referenced herein above

requirements for permits, actions, approvals or filings, shall apply

in connection with the construction, ownership, use, operation,

financing, leasing, conveying, mortgaging or enforcing a mortgage

of (i) any improvement undertaken by or for the benefit of Amtrak

as part of, or in furtherance of, the Northeast Corridor Improvement

Project (including without limitation maintenance, service, inspection or similar facilities acquired, constructed or used for high

speed trainsets) or chapter 241, 243, or 247 of this title or (ii)

any land (and right, title or interest created with respect thereto)

on which such improvement is located and adjoining, surrounding

or any related land. These exemptions shall remain in effect and

be applicable with respect to such land and improvements for

the benefit of any mortgagee before, upon and after coming into

possession of such improvements or land, any third party purchasers thereof in foreclosure (or through a deed in lieu of foreclosure), and their respective successors and assigns, in each case

to the extent the land or improvements are used, or held for

use, for railroad purposes or purposes accessory thereto. This subsection (m) shall not apply to any improvement or related land

unless Amtrak receives a Federal operating subsidy in the fiscal

year in which Amtrak commits to or initiates such improvement.’’.

SEC. 335. None of the funds made available in this Act may

be used to construct, or to pay the salaries or expenses of Department of Transportation personnel who approve or facilitate the

construction of, a third track on the Metro-North Railroad Harlem

Line in the vicinity of Bronxville, New York, when it is made

known to the Federal official having authority to obligate or expend

such funds that a final environmental impact statement has not

been completed for such construction project.

SEC. 336. Section 5328(c)(1)(E) of title 49, United States Code,

is amended—

(1) by striking ‘‘Westside’’ the first place it appears;

(2) by striking ‘‘and’’ after ‘‘101–584,’’; and

Applicability.
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2975

(3) by inserting before the period at the end the following:

‘‘, and the locally preferred alternative for the South/North

Corridor Project’’.

SEC. 336a. Section 3035(b) of Public Law 102–240 is hereby

amended by striking ‘‘$515,000,000’’ and inserting in lieu thereof

‘‘$555,000,000’’.

SEC. 337. Notwithstanding any other provision of law, of the

funds made available to Cleveland for the ‘‘Cleveland Dual Hub

Corridor Project’’ or ‘‘Cleveland Dual Hub Rail Project,’’ $4,023,030

in funds made available in fiscal years 1991, 1992, and 1994,

under Public Laws 101–516, 102–143, 102–240, 103–122, and

accompanying reports, shall be made available for the Berea Red

Line Extension and the Euclid Corridor Improvement projects.

SEC. 338. Notwithstanding any other provision of law, funds

made available under section 3035(kk) of Public Law 102–240 for

fiscal year 1997 to the State of Michigan shall be for the purchase

of buses and bus-related equipment and facilities.

SEC. 339. In addition to amounts otherwise provided in this

Act, there is hereby appropriated $2,400,000 for activities of the

National Civil Aviation Review Commission, to remain available

until expended.

SEC. 340. Of the amounts made available under the Federal

Transit Administration’s Discretionary Grants program for Kauai,

Hawaii, in Public Law 103–122 and Public Law 103–331, $3,250,000

shall be transferred to and administered in accordance with 49

U.S.C. 5311 and made available to Kauai, Hawaii.

SEC. 341. Section 423 of H.R. 1361, as passed the House of

Representatives on May 9, 1995, is hereby enacted into law.

SEC. 342. Improvements identified as highest priority by section

1069(t) of Public Law 102–240 and funded pursuant to section

118(c)(2) of title 23, United States Code, shall not be treated as

an allocation for Interstate maintenance for such fiscal year under

section 157(a)(4) of title 23, United States Code, and sections

1013(c), 1015(a)(1), and 1015(b)(1) of Public Law 102–240: Provided,

That any discretionary grant made pursuant to Public Law 99–

663 shall not be subject to section 1015 of Public Law 102–240.

SEC. 343. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None

of the funds made available in this Act may be expended by an

entity unless the entity agrees that in expending the funds the

entity will comply with the Buy American Act (41 U.S.C. 10a–

10c).

(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—

(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may

be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense

of the Congress that entities receiving the assistance should,

in expending the assistance, purchase only American-made

equipment and products to the greatest extent practicable.

(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing

financial assistance using funds made available in this Act,

the head of each Federal agency shall provide to each recipient

of the assistance a notice describing the statement made in

paragraph (1) by the Congress.

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally determined by a court or Federal agency that any person intentionally

105 Stat. 2129.
110 STAT. 2976 PUBLIC LAW 104–205—SEPT. 30, 1996

affixed a label bearing a ‘‘Made in America’’ inscription, or any

inscription with the same meaning, to any product sold in or shipped

to the United States that is not made in the United States, the

person shall be ineligible to receive any contract or subcontract

made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections

9.400 through 9.409 of title 48, Code of Federal Regulations.

SEC. 344. Notwithstanding any other provision of law, receipts,

in amounts determined by the Secretary, collected from users of

fitness centers operated by or for the Department of Transportation

shall be available to support the operation and maintenance of

those facilities.

SEC. 345. None of the funds made available in this Act may

be used by the National Transportation Safety Board to plan, conduct, or enter into any contract for a study to determine the feasibility of allowing individuals who are more than 60 years of age

to pilot commercial aircraft.

SEC. 346. Funds provided in this Act for bonuses and cash

awards for employees of the Department of Transportation shall

be reduced by $513,604 which limits fiscal year 1997 obligation

authority to no more than $25,448,300: Provided, That this provision shall be applied to funds for Senior Executive Service bonuses,

merit pay, and other bonuses and cash awards.

SEC. 347. Hereinafter, the National Railroad Passenger Corporation (Amtrak) shall be exempted from any State or local law

relating to the payment or delivery of abandoned or unclaimed

personal property to any government authority, including any provision for the enforcement thereof, with respect to passenger rail

tickets for which no refund has been or may be claimed, and

such law shall not apply to funds held by Amtrak as a result

of the purchase of tickets after April 30, 1972 for which no refund

has been claimed.

SEC. 348. Notwithstanding any other provision of law, of

amounts made available under Federal Aviation Administration

‘‘Operations’’, the FAA shall provide personnel at Dutch Harbor,

Alaska to provide real-time weather and runway observation and

other such functions to help ensure the safety of aviation operations.

SEC. 349. DEPARTMENT OF TRANSPORTATION VOLUNTARY

SEPARATION INCENTIVE PAYMENTS.—

(a) DEFINITIONS.—For the purposes of this section—

(1) the term ‘‘agency’’ means the following agencies of the

Department of Transportation:

(A) the United States Coast Guard;

(B) the Research and Special Programs Administration;

(C) the Saint Lawrence Seaway Development

Corporation;

(D) the Office of the Secretary; and

(E) the Federal Railroad Administration;

(2) the term ‘‘employee’’ means an employee (as defined

by section 2105 of title 5, United States Code) who is employed

by the agency serving under an appointment without time

limitation, and has been currently employed for a continuous

period of at least 3 years, but does not include—

(A) a reemployed annuitant under subchapter III of

chapter 83 or chapter 84 of title 5, United States Code,

or another retirement system for employees of the agency;

5 USC 5597.

Amtrak.

49 USC 24301

note.
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2977

(B) an employee having a disability on the basis of

which such employee is or would be eligible for disability

retirement under the applicable retirement system referred

to in subparagraph (A);

(C) an employee who is in receipt of a specific notice

of involuntary separation for misconduct or unacceptable

performance;

(D) an employee who, upon completing an additional

period of service as referred to in section 3(b)(2)(B)(ii) of

the Federal Workforce Restructuring Act of 1994 (5 U.S.C.

5597 note), would qualify for a voluntary separation incentive payment under section 3 of such Act;

(E) an employee who has previously received any voluntary separation incentive payment by the Federal

Government under this section or any other authority and

has not repaid such payment;

(F) an employee covered by statutory reemployment

rights who is on transfer to another organization;

(G) any employee who, during the twenty-four month

period preceding the date of separation, has received a

recruitment or relocation bonus under section 5753 of title

5, United States Code, or who, within the twelve month

period preceding the date of separation, received a retention

allowance under section 5754 of title 5, United States Code;

or

(H) any employee who, upon separation and application, would be eligible for an immediate annuity under

subchapter III of chapter 83 or chapter 84 of title 5, United

States Code (or another retirement system for employees

of the agency), other than an annuity subject to a reduction

under section 8339(h) or 8415(f) of such title (or corresponding provisions of another retirement system for employees

of the agency).

(b) AGENCY STRATEGIC PLAN.—

(1) IN GENERAL.—The head of an agency, prior to obligating

any resources for voluntary separation incentive payments,

shall submit to the House and Senate Committees on Appropriations and the Committee on Governmental Affairs of the

Senate and the Committee on Government Reform and Oversight of the House of Representatives a strategic plan outlining

the intended use of such incentive payments and a proposed

organizational chart for the agency once such incentive payments have been completed.

(2) CONTENTS.—The agency’s plan shall include—

(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;

(B) the number and amounts of voluntary separation

incentive payments to be offered; and

(C) a description of how the agency will operate without

the eliminated positions and functions.

(c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE

PAYMENTS.—

(1) IN GENERAL.—A voluntary separation incentive payment

under this section may be paid by an agency to any employee

only to the extent necessary to eliminate the positions and

functions identified by the strategic plan.
110 STAT. 2978 PUBLIC LAW 104–205—SEPT. 30, 1996

(2) AMOUNT AND TREATMENT OF PAYMENTS.—A voluntary

separation incentive payment—

(A) shall be paid in a lump sum after the employee’s

separation;

(B) shall be paid from appropriations or funds available

for the payment of the basic pay of the employees;

(C) shall be equal to the lesser of—

(i) an amount equal to the amount the employee

would be entitled to receive under section 5595(c) of

title 5, United States Code; or

(ii) an amount determined by an agency head not

to exceed $25,000 in fiscal year 1997;

(D) shall not be a basis for payment, and shall not

be included in the computation, of any other type of Government benefit; and

(E) shall not be taken into account in determining

the amount of any severance pay to which the employee

may be entitled under section 5595 of title 5, United States

Code, based on any other separation.

(3) LIMITATION.—No amount shall be payable under this

section based on any separation occurring before the date of

the enactment of this Act, or after September 30, 1997.

(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT

FUND.—

(1) IN GENERAL.—In addition to any other payments which

it is required to make under subchapter III of chapter 83

of title 5, United States Code, an agency shall remit to the

Office of Personnel Management for deposit to the Treasury

of the United States to the credit of the Civil Service Retirement

and Disability Fund an amount equal to 15 percent of the

final basic pay of each employee of the agency who is covered

under subchapter III of chapter 83 or chapter 84 of title 5,

United States Code, to whom a voluntary separation incentive

has been paid under this section.

(2) DEFINITION.—For the purpose of paragraph (1), the

term ‘‘final basic pay’’, with respect to an employee, means

the total amount of basic pay which would be payable for

a year of service by such employee, computed using the

employee’s final rate of basic pay, and, if last serving on other

than a full-time basis, with appropriate adjustment therefor.

(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT.—An individual who has received a voluntary separation

incentive payment under this section and accepts any employment

for compensation with the Government of the United States, or

who works for any agency of the United States Government through

a personal services contract, within 5 years after the date of the

separation on which the payment is based shall be required to

pay, prior to the individual’s first day of employment, the entire

amount of the incentive payment to the agency that paid the

incentive payment.

(f) REDUCTIONS OF AGENCY EMPLOYMENT LEVELS.—

(1) IN GENERAL.—The total number of funded employee

positions in an agency shall be reduced by one position for

each vacancy credited by the separation of any employee who

has received, or is due to receive, a voluntary separation incentive payment under this section. For the purposes of this sub-
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2979

section, positions shall be counted on a full-time-equivalent

basis.

(2) ENFORCEMENT.—The President, through the Office of

Management and Budget, shall monitor each agency and take

any action necessary to ensure that the requirements of this

subsection are met.

(g) EFFECTIVE DATE.—This section shall take effect October

1, 1996.

SEC. 350. Treatment of Certain Pending Child Custody Cases

in Superior Court of District of Columbia.—

(a) IN GENERAL.—Subchapter II of chapter 9 of title 11, District

of Columbia Code, is amended by adding at the end the following

new section:

‘‘§ 11–925. Rules regarding certain pending child custody

cases.

‘‘(a) In any pending case involving custody over a minor child

or the visitation rights of a parent of a minor child in the Superior

Court which is described in subsection (b)—

‘‘(1) at anytime after the child attains 13 years of age,

the party to the case who is described in subsection (b)(1)

may not have custody over, or visitation rights with, the child

without the child’s consent; and

‘‘(2) if any person had actual or legal custody over the

child or offered safe refuge to the child while the case (or

other actions relating to the case) was pending, the court may

not deprive the person of custody or visitation rights over

the child or otherwise impose sanctions on the person on the

grounds that the person had such custody or offered such

refuge.

‘‘(b) A case described in this subsection is a case in which—

‘‘(1) the child asserts that a party to the case has been

sexually abusive with the child;

‘‘(2) the child has resided outside of the United States

for not less than 24 consecutive months;

‘‘(3) any of the parties to the case has denied custody

or visitation to another party in violation of an order of the

court for not less than 24 consecutive months; and

‘‘(4) any of the parties to the case has lived outside of

the District of Columbia during such period of denial of custody

or visitation.’’.

(b) CLERICAL AMENDMENT.—The table of sections for subchapter

II of chapter 9 of title 11, D.C. Code, is amended by adding at

the end the following new item:

‘‘11–925. Rules regarding certain pending child custody cases.’’.

(c) EFFECTIVE DATE.—

(1) IN GENERAL.—The amendments made by this section

shall apply to cases brought in the Superior Court of the

District of Columbia before, on, or after the date of the enactment of this Act.

(2) CONTINUATION OF PROVISIONS UNTIL TERMINATION.—

The provisions of section 11–925, District of Columbia Code

(as added by subsection (a)), shall apply to any case described

in paragraph (1) until the termination of the case.

SEC. 351. Not later than December 31, 1997, the Administrator

of the Federal Aviation Administration shall—

49 USC 40110

note.

Applicability.

President.
110 STAT. 2980 PUBLIC LAW 104–205—SEPT. 30, 1996

(a) take such action as may be necessary to provide for

an independent assessment of the acquisition management system of the Federal Aviation Administration that includes a

review of any efforts of the Administrator in promoting and

encouraging the use of full and open competition as the preferred method of procurement with respect to any contract

that involves an amount greater than $50,000,000; and

(b) submit to the Congress a report on the findings of

that independent assessment: Provided, That for purposes of

this section, the term ‘‘full and open competition’’ has the

meaning provided that term in section 4(6) of the Office of

Federal Procurement Policy Act (41 U.S.C. 403(6)).

SEC. 352. 49 U.S.C. 31112 is amended by adding the following

new subsection:

‘‘(4) Nebraska may continue to allow to be operated under

paragraphs (b)(1) and (b)(2) of this section, the State of

Nebraska may allow longer combination vehicles that were

not in actual operation on June 1, 1991 to be operated within

its boundaries to transport sugar beets from the field where

such sugar beets are harvested to storage, market, factory

or stockpile or from stockpile to storage, market or factory.

This provision shall expire on September 30, 1997.’’.

SEC. 353. (a) Section 120(c) of title 23, United States Code,

is amended by inserting ‘‘rail-highway crossing closure,’’ after ‘‘carpooling and vanpooling,’’.

(b) Section 130 of such title is amended by adding at the

end the following:

‘‘(i) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING CLOSURES.—

‘‘(1) IN GENERAL.—Notwithstanding any other provision of

this section and subject to paragraphs (2) and (3), a State

may, from sums available to the State under this section,

make incentive payments to local governments in the State

upon the permanent closure by such governments of public

at-grade railway-highway crossings under the jurisdiction of

such governments.

‘‘(2) INCENTIVE PAYMENTS BY RAILROADS.—A State may not

make an incentive payment under paragraph (1) to a local

government with respect to the closure of a crossing unless

the railroad owning the tracks on which the crossing is located

makes an incentive payment to the government with respect

to the closure.

‘‘(3) AMOUNT OF STATE PAYMENT.—The amount of the incentive payment payable to a local government by a State under

paragraph (1) with respect to a crossing may not exceed the

lesser of—

‘‘(A) the amount of the incentive payment paid to the

government with respect to the crossing by the railroad

concerned under paragraph (2); or

‘‘(B) $7,500.

‘‘(4) USE OF STATE PAYMENTS.—A local government receiving an incentive payment from a State under paragraph (1)

shall use the amount of the incentive payment for transportation safety improvements.’’.

SEC. 354. LIMITATION ON FUNDS USED TO ENFORCE REGULATIONS REGARDING ANIMAL FATS AND VEGETABLE OILS.—None of

Expiration date.

Reports.

Contracts.
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2981

the funds made available in this Act may be used by the Coast

Guard to issue, implement, or enforce a regulation or to establish

an interpretation or guideline under the Edible Oil Regulatory

Reform Act (Public Law 104–55) or the amendments made by

that Act that does not recognize and provide for, with respect

to fats, oils, and greases (as described in that Act or the amendments made by that Act) differences in—

(1) physical, chemical, biological, and other relevant

properties; and

(2) environmental effects.

SEC. 355. Of the funds made available to the Federal Railroad

Administration, up to $200,000 may be made available from the

Office of the Administrator to establish and operate the Institute

for Railroad Safety as authorized by the Swift Rail Development

Act of 1994.

SEC. 356. No funds appropriated under this Act shall be used

to levy penalties prior to September 1, 1997, on the States of

Maine or New Hampshire based on non-compliance with Federal

vehicle weight limitations.

TITLE IV—MISCELLANEOUS HIGHWAY PROVISIONS

SEC. 401. Notwithstanding any other provision of law,

semitrailer units operating in a truck tractor-semitrailer combination whose semitrailer unit is more than forty-eight feet in length

and truck tractor-semitrailer-trailer combinations specified in section 31111(b)(1) of title 49, United States Code, may not operate

on United States Route 15 in Virginia between the Maryland border

and the intersection with United States Route 29.

SEC. 402. Item 30 of the table contained in section 1107(b)

of the Intermodal Surface Transportation Efficiency Act of 1991

(105 Stat. 2050), relating to Mobile, Alabama, is amended in the

second column by inserting after ‘‘Alabama’’ the following: ‘‘and

for feasibility studies, preliminary engineering, and construction

of a new bridge and approaches over the Mobile River’’.

SEC. 403. Item 94 of the table contained in section 1107(b)

of the Intermodal Surface Transportation Efficiency Act of 1991

(105 Stat. 2052), relating to St. Thomas, Virgin Islands, is

amended—

(1) by striking ‘‘St. Thomas,’’; and

(2) by inserting after ‘‘the island’’ the following: ‘‘of St.

Thomas and improvements to the VIPA Molasses Dock intermodal port facility on the island of St. Croix to make the

facility capable of handling multiple cargo tasks’’.

SEC. 404. The funds authorized to be appropriated for highwayrailroad grade crossing separations in Mineola, New York, under

the head ‘‘Highway-Railroad Grade Crossing Safety Demonstration

Project (Highway Trust Fund)’’ in House Report 99–976 and section

302(l) of Public Law 99–591 are hereby also authorized to be appropriated for other grade crossing improvements in Nassau and Suffolk Counties in New York and shall be available in accordance

with the terms of the original authoriziaton in House Report 99–

976.

SEC. 405. The Secretary of Transportation is hereby authorized

to enter into an agreement modifying the agreement entered into

pursuant to section 336 of the Department of Transportation and

Related Agencies Appropriations Act, 1995 (Public Law 103–331)
110 STAT. 2982 PUBLIC LAW 104–205—SEPT. 30, 1996

and section 356 of the Department of Transportation and Related

Agencies Appropriations Act, 1996 (Public Law 104–50) to provide

an additional line of credit not to exceed $25,000,000, which may

be used to replace otherwise required contingency reserves: Provided however, That the Secretary may only enter into such modification if it is supported by the amount of the original appropriation

(provided by section 336 of Public Law 103–331). No additional

appropriation is made by this section. In implementing this section,

the Secretary may enter into an agreement requiring an interest

rate, on both the original line of credit and the additional amount

provided for herein, higher than that currently in force and higher

than that specified in the original appropriation. An agreement

entered into pursuant to this section may not obligate the Secretary

to make any funds available until all remaining contingency reserves are exhausted, and in no event shall any funds be made

available before October 1, 1998.

SEC. 406. Public Law 100–202 is amended in the item relating

to ‘‘Traffic Improvement Demonstration Project’’ by inserting after

‘‘project’’ the following: ‘‘or upgrade existing local roads’’.

SEC. 407. The amount appropriated for the Lake Shore Drive

extension study, Whiting, Indiana, under the matter under the

heading ‘‘SURFACE TRANSPORTATION PROJECTS’’ under the heading

‘‘FEDERAL HIGHWAY ADMINISTRATION’’ in title I of the

Department of Transportation and Related Agencies Appropriations

Act, 1995 (Public Law 103–331; 108 Stat. 2478), shall be made

available to carry out the congestion relief project for the construction of a 4-lane road and overpass at Merrillville, Indiana, authorized by item 35 of section 1104(b) of the Intermodal Surface

Transportation Efficiency Act of 1991 (Public Law 102–240; 105

Stat. 2030).

SEC. 408. HIGHWAY SAFETY IMPROVEMENT PROJECT,

MICHIGAN.—Of the amount appropriated for the highway safety

improvement project, Michigan, under the matter under the heading

‘‘SURFACE TRANSPORTATION PROJECTS’’ under the heading ‘‘FEDERAL HIGHWAY ADMINISTRATION’’ in title I of the Department

of Transportation and Related Agencies Appropriations Act, 1995

(Public Law 103–331; 108 Stat. 2478), for the purposes of rightof-way acquisition for Baldwin Road, and engineering, right-of-way

acquisition, and construction between Walton Boulevard and Dixie

Highway, $2,000,000 shall be made available for construction of

Baldwin Road.

SEC. 409. Transfer of Funds Among Minnesota Highway

Projects.—

(a) IN GENERAL.—Such portions of the amounts appropriated

for the Minnesota highway projects described in subsection (b)

that have not been obligated as of December 31, 1996, shall be

made available to carry out the 34th Street Corridor Project in

Moorhead, Minnesota, authorized by section 149(a)(5)(A)(iii) of the

Surface Transportation and Uniform Relocation Assistance Act of

1987 (Public Law 100–17; 101 Stat. 181) (as amended by section

340(a) of the National Highway System Designation Act of 1995

(Public Law 104–59; 109 Stat. 607)).

(b) PROJECTS.—The Minnesota highway projects described in

this subsection are—

(1) the project for Saint Louis County authorized by section

149(a)(76) of the Surface Transportation and Uniform Reloca101 Stat. 1329–

369.
PUBLIC LAW 104–205—SEPT. 30, 1996 110 STAT. 2983

LEGISLATIVE HISTORY—H.R. 3675:

HOUSE REPORTS: Nos. 104–631 (Comm. on Appropriations) and 104–785 (Comm.

of Conference).

SENATE REPORTS: No. 104–325 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 142 (1996):

June 26–28, considered and passed House.

July 30, 31, considered and passed Senate, amended.

Sept. 18, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Sept. 30, Presidential statement.

Æ

tion Assistance Act of 1987 (Public Law 100–17; 101 Stat.

192); and

(2) the project for Nicollet County authorized by item 159

of section 1107(b) of the Intermodal Surface Transportation

Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2056).

SEC. 410. Item 52 in the table contained in section 1106(a)(2)

and items 19 and 20 in the table contained in section 1107(b)

of the Intermodal Surface Transportation Efficiency Act of 1991

(105 Stat. 2037–2059) are each amended by inserting ‘‘Mifflin,

Fulton and Clearfield,’’ after ‘‘Franklin,’’.

This Act may be cited as the ‘‘Department of Transportation

and Related Agencies Appropriations Act, 1997’’.

Approved September 30, 1996.