Calendar No. 121

105TH CONGRESS

1ST SESSION S. 1048

[Report No. 105–55]

A BILL

Making appropriations for the Department of

purposes.year ending September 30, 1998, and for otherTransportation and related agencies for the fiscal

JULY 22, 1997

Read twice and placed on the calendar
II

Calendar No. 121

105TH CONGRESS

1ST SESSION S. 1048

[Report No. 105–55]

Making appropriations for the Department of Transportation and related

agencies for the fiscal year ending September 30, 1998, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JULY 22, 1997

Mr. SHELBY, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for the Department of Transportation

and related agencies for the fiscal year ending September

30, 1998, and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Department of Transportation and Related Agencies for

6 the fiscal year ending September 30, 1998, and for other

7 purposes, namely:
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1 TITLE I

2 DEPARTMENT OF TRANSPORTATION

3 OFFICE OF THE SECRETARY

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Secretary,

6 $66,703,000, of which not to exceed $40,000 shall be

7 available as the Secretary may determine for allocation

8 within the Department for official reception and represen9 tation expenses and not to exceed $10,567,000 shall be

10 available for rental of headquarters space, related services

11 assessed by the General Services Administration, and for

12 department wide facility security enhancements: Provided,

13 That notwithstanding any other provision of law, there

14 may be credited to this appropriation up to $1,000,000

15 in funds received in user fees: Provided further, That none

16 of the funds appropriated in this Act or otherwise made

17 available may be used to maintain custody of airline tariffs

18 that are already available for public and departmental ac19 cess at no cost; to secure them against detection, alter20 ation, or tampering; and open to inspection by the Depart21 ment.

22 OFFICE OF CIVIL RIGHTS

23 For necessary expenses of the Office of Civil Rights,

24 $5,574,000.
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1 TRANSPORTATION PLANNING, RESEARCH, AND

2 DEVELOPMENT

3 For necessary expenses for conducting transportation

4 planning, research, systems development, and development

5 activities, to remain available until expended, $4,400,000.

6 PAYMENTS TO AIR CARRIERS

7 (RESCISSION OF CONTRACT AUTHORIZATION)

8 (AIRPORT AND AIRWAY TRUST FUND)

9 Of the budgetary resources provided for ‘‘Small Com10 munity Air Service’’ by Public Law 101–508, for fiscal

11 year 1998, $38,600,000 are rescinded.

12 MINORITY BUSINESS RESOURCE CENTER PROGRAM

13 For the cost of direct loans, $1,500,000, as author14 ized by 49 U.S.C. 332: Provided, That such costs, includ15 ing the cost of modifying such loans, shall be as defined

16 in section 502 of the Congressional Budget Act of 1974:

17 Provided further, That these funds are available to sub18 sidize gross obligations for the principal amount of direct

19 loans not to exceed $15,000,000. In addition, for adminis20 trative expenses to carry out the direct loan program,

21 $400,000.

22 MINORITY BUSINESS OUTREACH

23 For necessary expenses of Minority Business Re24 source Center outreach activities, $2,900,000, of which

25 $2,635,000 shall remain available until September 30,

26 1999: Provided, That notwithstanding 49 U.S.C. 332,
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1 these funds may be used for business opportunities related

2 to any mode of transportation.

3 COAST GUARD

4 OPERATING EXPENSES

5 For necessary expenses for the operation and mainte6 nance of the Coast Guard, not otherwise provided for; pur7 chase of not to exceed five passenger motor vehicles for

8 replacement only; payments pursuant to section 156 of

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

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

11 429(b)); and recreation and welfare; $2,431,700,000, of

12 which $25,000,000 shall be derived from the Oil Spill Li13 ability Trust Fund: Provided, That the number of aircraft

14 on hand at any one time shall not exceed 221, exclusive

15 of aircraft and parts stored to meet future attrition: Pro16 vided further, That none of the funds appropriated in this

17 or any other Act shall be available for pay or administra18 tive expenses in connection with shipping commissioners

19 in the United States: Provided further, That none of the

20 funds provided in this Act shall be available for expenses

21 incurred for yacht documentation under 46 U.S.C. 12109,

22 except to the extent fees are collected from yacht owners

23 and credited to this appropriation: Provided further, That

24 the Commandant shall reduce both military and civilian

25 employment levels for the purpose of complying with Exec-
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1 utive Order No. 12839: Provided further, That notwith2 standing any other provision of law, none of the funds ap3 propriated by this Act or any other Act for the Coast

4 Guard shall be used for protection and maintenance of

5 Governors Island, New York.

6 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

7 For necessary expenses of acquisition, construction,

8 renovation, and improvement of aids to navigation, shore

9 facilities, vessels, and aircraft, including equipment related

10 thereto, $412,300,000, of which $20,000,000 shall be de11 rived from the Oil Spill Liability Trust Fund; of which

12 $214,700,000 shall be available to acquire, repair, ren13 ovate or improve vessels, small boats and related equip14 ment, to remain available until September 30, 2002;

15 $26,400,000 shall be available to acquire new aircraft and

16 increase aviation capability, to remain available until Sep17 tember 30, 2000; $51,200,000 shall be available for other

18 equipment, to remain available until September 30, 2000;

19 $73,000,000 shall be available for shore facilities and aids

20 to navigation facilities, to remain available until Septem21 ber 30, 2000; and $47,000,000 shall be available for per22 sonnel compensation and benefits and related costs, to re23 main available until September 30, 1999: Provided, That

24 funds received from the sale of HU–25 aircraft shall be

25 credited to this appropriation for the purpose of acquiring
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1 new aircraft and increasing aviation capacity: Provided

2 further, That the Commandant may dispose of surplus real

3 property by sale or lease and the proceeds of such sale

4 or lease shall be credited to this appropriation: Provided

5 further, That not more than $9,000,000 shall be credited

6 as offsetting collections to this account, to be available for

7 the purposes of this account: Provided further, That the

8 amount herein appropriated from the General Fund shall

9 be reduced by such amount: Provided further, That any

10 proceeds from the sale or lease of Coast Guard surplus

11 real property in excess of $9,000,000 shall be retained and

12 remain available until expended, but shall not be available

13 for obligation until October 1, 1998: Provided further,

14 That the Secretary, acting through the Commandant, may

15 enter into a long-term Use Agreement with the City of

16 Unalaska for dedicated pier space on the municipal dock

17 necessary to support Coast Guard enforcement vessels

18 when such vessels call on the Port of Dutch Harbor, Alas19 ka.

20 ENVIRONMENTAL COMPLIANCE AND RESTORATION

21 For necessary expenses to carry out the Coast

22 Guard’s environmental compliance and restoration func23 tions under chapter 19 of title 14, United States Code,

24 $21,000,000, to remain available until expended.
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1 ALTERATION OF BRIDGES

2 For necessary expenses for alteration or removal of

3 obstructive bridges, $26,000,000, to remain available until

4 expended.

5 RETIRED PAY

6 For retired pay, including the payment of obligations

7 therefor otherwise chargeable to lapsed appropriations for

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

10 for payments for medical care of retired personnel and

11 their dependents under the Dependents Medical Care Act

12 (10 U.S.C. ch. 55); $653,196,000.

13 RESERVE TRAINING

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

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

17 $65,535,000.

18 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

19 For necessary expenses, not otherwise provided for,

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

22 facilities and equipment, as authorized by law,

23 $20,000,000, to remain available until expended, of which

24 $3,500,000 shall be derived from the Oil Spill Liability

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

5 BOAT SAFETY

6 (AQUATIC RESOURCES TRUST FUND)

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

9 75, as amended, $35,000,000, to be derived from the Boat

10 Safety Account and to remain available until expended.

11 FEDERAL AVIATION ADMINISTRATION

12 OPERATIONS

13 For necessary expenses of the Federal Aviation Ad14 ministration, not otherwise provided for, including oper15 ations and research activities related to commercial space

16 transportation, administrative expenses for research and

17 development, establishment of air navigation facilities and

18 the operation (including leasing) and maintenance of air19 craft, and carrying out the provisions of subchapter I of

20 chapter 471 of title 49, United States Code, or other pro21 visions of law authorizing the obligation of funds for simi22 lar programs of airport and airway development or im23 provement, lease or purchase of passenger motor vehicles

24 for replacement only, in addition to amounts made avail25 able by Public Law 104–264, $5,325,900,000, of which
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1 $1,901,628,000 shall be derived from the Airport and Air2 way Trust Fund: Provided, That there may be credited

3 to this appropriation funds received from States, counties,

4 municipalities, foreign authorities, other public authori5 ties, and private sources, for expenses incurred in the pro6 vision of agency services, including receipts for the mainte7 nance and operation of air navigation facilities, and for

8 issuance, renewal or modification of certificates, including

9 airman, aircraft, and repair station certificates, or for

10 tests related thereto, or for processing major repair or al11 teration forms: Provided further, That funds may be used

12 to enter into a grant agreement with a nonprofit standard13 setting organization to assist in the development of avia14 tion safety standards: Provided further, That none of the

15 funds in this Act shall be available for new applicants for

16 the second career training program: Provided further,

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

18 paying premium pay under 5 U.S.C. 5546(a) to any Fed19 eral Aviation Administration employee unless such em20 ployee actually performed work during the time cor21 responding to such premium pay: Provided further, That

22 none of the funds in this Act may be obligated or expended

23 to operate a manned auxiliary flight service station in the

24 contiguous United States: Provided further, That none of

25 the funds derived from the Airport and Airway Trust
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1 Fund may be used to support the operations and activities

2 of the Associate Administrator for Commercial Space

3 Transportation: Provided further, That up to $5,000 of

4 funds appropriated under this heading may be used for

5 activities under the Aircraft Purchase Loan Guarantee

6 Program.

7 FACILITIES AND EQUIPMENT

8 (AIRPORT AND AIRWAY TRUST FUND)

9 For necessary expenses, not otherwise provided for,

10 for acquisition, establishment, and improvement by con11 tract or purchase, and hire of air navigation and experi12 mental facilities and equipment as authorized under part

13 A of subtitle VII of title 49, United States Code, including

14 initial acquisition of necessary sites by lease or grant; en15 gineering and service testing, including construction of

16 test facilities and acquisition of necessary sites by lease

17 or grant; and construction and furnishing of quarters and

18 related accommodations for officers and employees of the

19 Federal Aviation Administration stationed at remote local20 ities where such accommodations are not available; and

21 the purchase, lease, or transfer of aircraft from funds

22 available under this head; to be derived from the Airport

23 and Airway Trust Fund, $1,889,004,883, of which

24 $1,669,894,883 shall remain available until September 30,

25 2000, and of which $219,110,000 shall remain available
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1 until September 30, 1998: Provided, That there may be

2 credited to this appropriation funds received from States,

3 counties, municipalities, other public authorities, and pri4 vate sources, for expenses incurred in the establishment

5 and modernization of air navigation facilities.

6 RESEARCH, ENGINEERING, AND DEVELOPMENT

7 (AIRPORT AND AIRWAY TRUST FUND)

8 For necessary expenses, not otherwise provided for,

9 for research, engineering, and development, as authorized

10 under part A of subtitle VII of title 49, United States

11 Code, including construction of experimental facilities and

12 acquisition of necessary sites by lease or grant,

13 $214,250,000, to be derived from the Airport and Airway

14 Trust Fund and to remain available until September 30,

15 2000: Provided, That there may be credited to this appro16 priation funds received from States, counties, municipali17 ties, other public authorities, and private sources, for ex18 penses incurred for research, engineering, and develop19 ment.

20 GRANTS-IN-AID FOR AIRPORTS

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (AIRPORT AND AIRWAY TRUST FUND)

23 For liquidation of obligations incurred for grants-in24 aid for airport planning and development, and for noise

25 compatibility planning and programs as authorized under

26 subchapter I of chapter 471 and subchapter I of chapter
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1 475 of title 49, United States Code, and under other law

2 authorizing such obligations, $1,600,000,000, to be de3 rived from the Airport and Airway Trust Fund and to re4 main available until expended: Provided, That none of the

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

6 execution of programs the obligations for which are in ex7 cess of $1,700,000,000 in fiscal year 1998 for grants-in8 aid for airport planning and development, and noise com9 patibility planning and programs, notwithstanding section

10 47117(h) of title 49, United States Code: Provided further,

11 That discretionary funds available for noise planning and

12 mitigation shall not exceed $200,000,000 and discre13 tionary funds available for the military airport program

14 shall not exceed $26,000,000.

15 GRANTS-IN-AID FOR AIRPORTS

16 (AIRPORT AND AIRWAY TRUST FUND)

17 (RESCISSION OF CONTRACT AUTHORIZATION)

18 Of the unobligated balances authorized under 49

19 U.S.C. 48103 as amended, $286,000,000 are rescinded.

20 AVIATION INSURANCE REVOLVING FUND

21 The Secretary of Transportation is hereby authorized

22 to make such expenditures and investments, within the

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

24 in accordance with section 104 of the Government Cor25 poration Control Act, as amended (31 U.S.C. 9104), as

26 may be necessary in carrying out the program for aviation
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1 insurance activities under chapter 443 of title 49, United

2 States Code.

3 AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM

4 Except as specifically provided elsewhere in this Act,

5 none of the funds in this Act shall be available for activi6 ties under this heading during fiscal year 1998.

7 FEDERAL HIGHWAY ADMINISTRATION

8 LIMITATION ON GENERAL OPERATING EXPENSES

9 Necessary expenses for administration, operation, in10 cluding motor carrier safety program operations, and re11 search of the Federal Highway Administration not to ex12 ceed $558,440,000 shall be paid in accordance with law

13 from appropriations made available by this Act to the Fed14 eral Highway Administration together with advances and

15 reimbursements received by the Federal Highway Admin16 istration: Provided, That $245,687,000 of the amount pro17 vided herein shall remain available until September 30,

18 2000.

19 HIGHWAY-RELATED SAFETY GRANTS

20 (LIQUIDATION OF CONTRACT AUTHORIZATION)

21 (HIGHWAY TRUST FUND)

22 For payment of obligations incurred in carrying out

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

24 administered by the Federal Highway Administration, to

25 remain available until expended, $4,000,000 to be derived

26 from the Highway Trust Fund.
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1 APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

2 For carrying out the provisions of section 1069(y) of

3 Public Law 102–240, relating to construction of, and im4 provements to, corridors of the Appalachian Development

5 Highway System, $300,000,000 to remain available until

6 expended.

7 FEDERAL-AID HIGHWAYS

8 (LIMITATION ON OBLIGATIONS)

9 (HIGHWAY TRUST FUND)

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

11 the implementation or execution of programs the obliga12 tions for which are in excess of $21,800,000,000 for Fed13 eral-aid highways and highway safety construction pro14 grams for fiscal year 1998.

15 FEDERAL-AID HIGHWAYS

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (HIGHWAY TRUST FUND)

18 For carrying out the provisions of title 23, United

19 States Code, that are attributable to Federal-aid high20 ways, including the National Scenic and Recreational

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

22 provided, including reimbursements for sums expended

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

24 $20,850,000,000 or so much thereof as may be available

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

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

2 (LIMITATION ON DIRECT LOANS)

3 (HIGHWAY TRUST FUND)

4 For the cost of direct loans, $8,000,000 as authorized

5 by section 108 of title 23, United States Code.

6 MOTOR CARRIER SAFETY GRANTS

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (HIGHWAY TRUST FUND)

9 For payment of obligations incurred in carrying out

10 49 U.S.C. 31102, $85,000,000, to be derived from the

11 Highway Trust Fund and to remain available until ex12 pended: Provided, That none of the funds in this Act shall

13 be available for the implementation or execution of pro14 grams the obligations for which are in excess of

15 $84,300,000 for ‘‘Motor Carrier Safety Grants’’.

16 NATIONAL HIGHWAY TRAFFIC SAFETY

17 ADMINISTRATION

18 OPERATIONS AND RESEARCH

19 For expenses necessary to discharge the functions of

20 the Secretary with respect to traffic and highway safety

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

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

23 $74,760,000, to remain available until September 30,

24 1999: Provided, That none of the funds appropriated by

25 this Act may be obligated or expended to plan, finalize,

26 or implement any rulemaking to add to section 575.104
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1 of title 49 of the Code of Federal Regulations any require2 ment pertaining to a grading standard that is different

3 from the three grading standards (treadwear, traction,

4 and temperature resistance) already in effect.

5 OPERATIONS AND RESEARCH

6 (HIGHWAY TRUST FUND)

7 For expenses necessary to discharge the functions of

8 the Secretary with respect to traffic and highway safety

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

10 Surface Transportation Efficiency Act of 1991 (Public

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

12 Fund, $71,740,000, to remain available until September

13 30, 1999.

14 HIGHWAY TRAFFIC SAFETY GRANTS

15 (LIQUIDATION OF CONTRACT AUTHORIZATION)

16 (LIMITATION ON OBLIGATIONS)

17 (HIGHWAY TRUST FUND)

18 For payment of obligations incurred carrying out the

19 provisions of 23 U.S.C. 153, 402, 408, and 410, and chap20 ter 303 of title 49, United States Code, to remain available

21 until expended, $186,000,000, to be derived from the

22 Highway Trust Fund: Provided, That, notwithstanding

23 subsection 2009(b) of the Intermodal Surface Transpor24 tation Efficiency Act of 1991, none of the funds in this

25 Act shall be available for the planning or execution of pro26 grams the total obligations for which, in fiscal year 1998,
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1 are in excess of $187,000,000 for programs authorized

2 under 23 U.S.C. 402, 410, and chapter 303 of title 49,

3 U.S.C., of which $150,700,000 shall be for ‘‘State and

4 community highway safety grants’’, $2,300,000 shall be

5 for the ‘‘National Driver Register’’, and $34,000,000 shall

6 be for section 410 ‘‘Alcohol-impaired driving counter7 measures programs’’: Provided further, That none of these

8 funds shall be used for construction, rehabilitation or re9 modeling costs, or for office furnishings and fixtures for

10 State, local, or private buildings or structures: Provided

11 further, That not to exceed $4,948,000 of the funds made

12 available for section 402 may be available for administer13 ing ‘‘State and community highway safety grants’’: Pro14 vided further, That not to exceed $150,000 of the funds

15 made available for section 402 may be available for admin16 istering the highway safety grants authorized by section

17 1003(a)(7) of Public Law 102–240: Provided further,

18 That not to exceed $500,000 of the funds made available

19 for section 410 ‘‘Alcohol-impaired driving counter-meas20 ures programs’’ shall be available for technical assistance

21 to the States.

22 FEDERAL RAILROAD ADMINISTRATION

23 OFFICE OF THE ADMINISTRATOR

24 For necessary expenses of the Federal Railroad Ad25 ministration, not otherwise provided for, $19,800,000, of
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1 which $1,339,000 shall remain available until expended:

2 Provided, That none of the funds in this Act shall be avail3 able for the planning or execution of a program making

4 commitments to guarantee new loans under the Emer5 gency Rail Services Act of 1970, as amended, and no new

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

7 211(h) of the Regional Rail Reorganization Act of 1973,

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

9 of the Washington Union Station transaction in which the

10 Secretary assumed the first deed of trust on the property

11 and, where the Union Station Redevelopment Corporation

12 or any successor is obligated to make payments on such

13 deed of trust on the Secretary’s behalf, including pay14 ments on and after September 30, 1988, the Secretary

15 is authorized to receive such payments directly from the

16 Union Station Redevelopment Corporation, credit them to

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

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

19 Provided further, That such additional sums as may be

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

21 advanced by the Administrator from unobligated balances

22 available to the Federal Railroad Administration, to be re23 imbursed from payments received from the Union Station

24 Redevelopment Corporation.
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1 RAILROAD SAFETY

2 For necessary expenses in connection with railroad

3 safety, not otherwise provided for, $57,067,000, of which

4 $5,400,000 shall remain available until expended: Pro5 vided, That notwithstanding any other provision of law,

6 funds appropriated under this heading are available for

7 the reimbursement of out-of-state travel and per diem

8 costs incurred by employees of State governments directly

9 supporting the Federal railroad safety program, including

10 regulatory development and compliance-related activities.

11 RAILROAD RESEARCH AND DEVELOPMENT

12 For necessary expenses for railroad research and de13 velopment, $24,906,000, to remain available until ex14 pended.

15 NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

16 For necessary expenses related to Northeast Corridor

17 improvements authorized by title VII of the Railroad Revi18 talization and Regulatory Reform Act of 1976, as amend19 ed (45 U.S.C. 851 et seq.) and 49 U.S.C. 24909,

20 $273,450,000, to remain available until September 30,

21 1999, of which $23,450,000 shall be for the Pennsylvania

22 Station Redevelopment Project.
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1 RAILROAD REHABILITATION AND IMPROVEMENT

2 PROGRAM

3 The Secretary of Transportation is authorized to

4 issue to the Secretary of the Treasury notes or other obli5 gations pursuant to section 512 of the Railroad Revitaliza6 tion and Regulatory Reform Act of 1976 (Public Law 94–

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

8 may be necessary to pay any amounts required pursuant

9 to the guarantee of the principal amount of obligations

10 under sections 511 through 513 of such Act, such author11 ity to exist as long as any such guaranteed obligation is

12 outstanding: Provided, That no new loan guarantee com13 mitments shall be made during fiscal year 1998.

14 NEXT GENERATION HIGH-SPEED RAIL

15 For necessary expenses for Next Generation High16 Speed Rail studies, corridor planning, development, dem17 onstration, and implementation, $26,000,000, to remain

18 available until expended: Provided, That funds under this

19 head may be made available for grants to States for high20 speed rail corridor design, feasibility studies, environ21 mental analyses, and track and signal improvements.

22 ALASKA RAILROAD REHABILITATION

23 To enable the Secretary of Transportation to make

24 grants to the Alaska Railroad, $17,000,000 shall be for
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1 capital rehabilitation and improvements benefiting its pas2 senger operations.

3 RHODE ISLAND RAIL DEVELOPMENT

4 For the costs associated with construction of a third

5 track on the Northeast Corridor between Davisville and

6 Central Falls, Rhode Island, with sufficient clearance to

7 accommodate double stack freight cars, $10,000,000, to

8 be matched by the State of Rhode Island or its designee

9 on a dollar-for-dollar basis and to remain available until

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

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

12 shall enter into an agreement with the Secretary to reim13 burse Amtrak and/or the Federal Railroad Administra14 tion, on a dollar-for-dollar basis, up to the first

15 $13,000,000 in damages resulting from the legal action

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

17 with Amtrak relating to the provision of vertical clearances

18 between Davisville and Central Falls in excess of those re19 quired for present freight operations.

20 GRANTS TO THE NATIONAL RAILROAD PASSENGER

21 CORPORATION

22 To enable the Secretary of Transportation to make

23 grants to the National Railroad Passenger Corporation

24 authorized by 49 U.S.C. 24104, $344,000,000, to remain

25 available until expended, to be available for operating
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1 losses and for mandatory passenger rail service payments:

2 Provided, That none of the funds herein appropriated shall

3 be used for lease or purchase of passenger motor vehicles

4 or for the hire of vehicle operators for any officer or em5 ployee, other than the president of the Corporation, ex6 cluding the lease of passenger motor vehicles for those of7 ficers or employees while in official travel status: Provided

8 further, That, subject to the enactment of the Revenue

9 Reconciliation Act of 1997, and the adjustment of the dis10 cretionary limit as provided in section 1653(b)(2)(F) to

11 enable appropriations to be made from the Intercity Pas12 senger Rail Fund in accordance with section 9901(c) of

13 the Internal Revenue Code, $641,000,000, to remain

14 available until expended, to finance qualified expenses of

15 the National Railroad Passenger Corporation and each

16 non-Amtrak State, as defined in section 9901(d) of such

17 Code: Provided further, That amounts available for obliga18 tion from the Intercity Passenger Rail Fund shall be with19 held until the enactment of a subsequent appropriations

20 Act releasing such funds for obligation.

21 FEDERAL TRANSIT ADMINISTRATION

22 ADMINISTRATIVE EXPENSES

23 For necessary administrative expenses of the Federal

24 Transit Administration for carrying out programs author25 ized by chapter 53 of title 49, United States Code,
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1 $41,497,000, together with advances and reimbursements

2 received by the Federal Transit Administration: Provided,

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

4 the execution of contracts under section 5327(c) of title

5 49, United States Code, in an aggregate amount that ex6 ceeds $15,000,000.

7 FORMULA GRANTS

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

9 5310(a)(2), 5311, and 5336, to remain available until ex10 pended, $90,000,000: Provided, That no more than

11 $2,400,000,000 of budget authority shall be available for

12 these purposes.

13 UNIVERSITY TRANSPORTATION CENTERS

14 For necessary expenses for university transportation

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

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

17 TRANSIT PLANNING AND RESEARCH

18 For necessary expenses for transit planning and re19 search as authorized by 49 U.S.C. 5303, 5311, 5313,

20 5314, and 5315, to remain available until expended,

21 $77,250,000, of which $39,500,000 shall be for activities

22 under Metropolitan Planning (49 U.S.C. 5303);

23 $4,500,000 for activities under Rural Transit Assistance

24 (49 U.S.C. 5311(b)(2)); $8,250,000 for activities under

25 State Planning and Research (49 U.S.C. 5313(b));
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1 $22,000,000 for activities under National Planning and

2 Research (49 U.S.C. 5314); $3,000,000 for National

3 Transit Institute (49 U.S.C. 5315).

4 TRUST FUND SHARE OF EXPENSES

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (HIGHWAY TRUST FUND)

7 For payment of obligations incurred in carrying out

8 49 U.S.C. 5338(a), $2,310,000,000, to remain available

9 until expended and to be derived from the Highway Trust

10 Fund: Provided, That $2,310,000,000 shall be paid from

11 the Mass Transit Account of the Highway Trust Fund to

12 the Federal Transit Administration’s formula grants ac13 count.

14 DISCRETIONARY GRANTS

15 (LIMITATION ON OBLIGATIONS)

16 (HIGHWAY TRUST FUND)

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

18 the implementation or execution of programs the obliga19 tions for which are in excess of $2,000,000,000 in fiscal

20 year 1998 for grants under the contract authority in 49

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

22 fixed guideway modernization, $780,000,000; there shall

23 be available for the replacement, rehabilitation, and pur24 chase of buses and related equipment and the construction

25 of bus-related facilities, $440,000,000; and, notwithstand26 ing any other provision of law, except for fixed guideway
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1 modernization projects, $6,345,000 made available under

2 Public Law 104–205 under ‘‘Federal Transit Administra3 tion, Discretionary Grants’’, for the Alaska-Hollis to

4 Ketchikan ferry project shall be made available for new

5 fixed guideway systems together with the $780,000,000

6 made available for new fixed guideway systems in this Act,

7 to be available as follows:

8 $44,600,000 for the Atlanta-North Springs

9 project;

10 $1,000,000 for the Austin Capital metro

11 project;

12 $34,500,000 for the BART San Francisco Air13 port and San Jose Tasman extension projects;

14 $46,200,000 for the Boston Piers-MOS–2

15 project;

16 $2,000,000 for the Boston urban ring project;

17 $8,000,000 for the Burlington-Essex, Vermont

18 commuter rail project;

19 $800,000 for the Canton-Akron-Cleveland com20 muter rail project;

21 $3,000,000, for the Charleston monobeam rail

22 project;

23 $500,000 for the Cincinnati Northeast/North24 ern Kentucky rail line project;
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1 $5,000,000 for the Clark County Nevada RTC

2 fixed guideway project;

3 $14,000,000 for the DART North Central light

4 rail extension project;

5 $30,000,000 for the Denver Southwest Corridor

6 project;

7 $50,000,000 for the New York East Side access

8 project;

9 $12,000,000 for the Florida Tri-County com10 muter rail project;

11 $4,000,000 for the Galveston rail trolley system

12 project;

13 $2,000,000 for the Griffin light rail project;

14 $51,100,000 for the Houston Regional Bus

15 project;

16 $1,500,000 for the Indianapolis northeast cor17 ridor project;

18 $3,000,000 for the Jackson, Mississippi Inter19 modal Corridor;

20 $51,000,000 for the Los Angeles MOS–3

21 project;

22 $35,000,000 for the MARC Commuter Rail Im23 provements project;

24 $1,000,000 for the Memphis, Tennessee Re25 gional Rail Plan;
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1 $500,000 for the Nassau Hub rail link EIS

2 project;

3 $64,000,000 for the New Jersey Urban Core/

4 Hudson-Bergen LRT project;

5 $27,000,000 for the New Jersey Urban Core/

6 Secaucus project;

7 $4,000,000 for the New Orleans Canal Street

8 Corridor project;

9 $14,000,000 for the North Carolina Research

10 Triangle Park project;

11 $6,000,000 for the Northern Indiana commuter

12 rail project;

13 $2,000,000 for the Oklahoma City, MAPS cor14 ridor transit system;

15 $31,800,000 for the Orlando Lynx light rail

16 project;

17 $8,000,000 for the Pittsburgh Airport busway

18 project;

19 $63,400,000 for the Portland-Westside/Hills20 boro Extension project;

21 $2,000,000 for the Roaring Fork Valley rail

22 project;

23 $20,300,000 for the Sacramento LRT Exten24 sion project;
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1 $84,000,000 for the Salt Lake City South LRT

2 project,

3 $8,000,000 for the Salt Lake City regional

4 commuter system project;

5 $24,000,000 for the Seattle-Tacoma light rail

6 and commuter rail project;

7 $500,000 for the Springfield-Branson, MO

8 commuter rail project;

9 $30,000,000 for the St. Louis-St. Clair Exten10 sion project.

11 MASS TRANSIT CAPITAL FUND

12 (LIQUIDATION OF CONTRACT AUTHORIZATION)

13 (HIGHWAY TRUST FUND)

14 For payment of obligations incurred in carrying out

15 49 U.S.C. 5338(b) administered by the Federal Transit

16 Administration, $2,350,000,000, to be derived from the

17 Highway Trust Fund and to remain available until ex18 pended.

19 WASHINGTON METROPOLITAN AREA TRANSIT

20 AUTHORITY

21 For necessary expenses to carry out section 14 of

22 Public Law 96–184 and Public Law 101–551,

23 $160,000,000, to remain available until expended.
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1 RESEARCH AND SPECIAL PROGRAMS

2 ADMINISTRATION

3 RESEARCH AND SPECIAL PROGRAMS

4 For expenses necessary to discharge the functions of

5 the Research and Special Programs Administration,

6 $28,450,000, of which $574,000 shall be derived from the

7 Pipeline Safety Fund, and of which $4,950,000 shall re8 main available until September 30, 2000: Provided, That

9 up to $1,200,000 in fees collected under 49 U.S.C.

10 5108(g) shall be deposited in the general fund of the

11 Treasury as offsetting receipts: Provided further, That

12 there may be credited to this appropriation, to be available

13 until expended, funds received from States, counties, mu14 nicipalities, other public authorities, and private sources

15 for expenses incurred for training, for reports publication

16 and dissemination, and for expenses incurred in perform17 ance of hazardous materials exemptions and approvals

18 functions.

19 PIPELINE SAFETY

20 (PIPELINE SAFETY FUND)

21 For expenses necessary to conduct the functions of

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

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

24 60107, and to discharge the pipeline program responsibil25 ities of the Oil Pollution Act of 1990, $33,000,000, of
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1 which $3,000,000 shall be derived from the Oil Spill Li2 ability Trust Fund and shall remain available until Sep3 tember 30, 2000; and of which $30,000,000 shall be de4 rived from the Pipeline Safety Fund, of which

5 $14,839,000 shall remain available until September 30,

6 2000: Provided, That of these amounts, $1,500,000 shall

7 be available for grants to States for the development and

8 establishment of one-call notification systems and shall be

9 derived from amounts previously collected under 49

10 U.S.C. 60301, and that an additional $500,000 in

11 amounts previously collected under 49 U.S.C. 60301 is

12 available to conduct general functions of the pipeline safe13 ty program.

14 EMERGENCY PREPAREDNESS GRANTS

15 (EMERGENCY PREPAREDNESS FUND)

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

17 5127(c), $200,000, to be derived from the Emergency

18 Preparedness Fund, to remain available until September

19 30, 2000: Provided, That none of the funds made available

20 by 49 U.S.C. 5116(i) and 5127(d) shall be made available

21 for obligation by individuals other than the Secretary of

22 Transportation, or his designee.
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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector

4 General to carry out the provisions of the Inspector Gen5 eral Act of 1978, as amended, $38,900,000: Provided,

6 That none of the funds under this heading shall be for

7 the conduct of contract audits.

8 SURFACE TRANSPORTATION BOARD

9 SALARIES AND EXPENSES

10 For necessary expenses of the Surface Transpor11 tation Board, including services authorized by 5 U.S.C.

12 3109, $12,300,000: Provided, That $3,100,000 in fees col13 lected in fiscal year 1998 by the Surface Transportation

14 Board pursuant to 31 U.S.C. 9701 shall be made available

15 to this appropriation in fiscal year 1998: Provided further,

16 That any fees received in excess of $3,100,000 in fiscal

17 year 1998 shall remain available until expended, but shall

18 not be available for obligation until October 1, 1998.

19 TITLE II

20 RELATED AGENCIES

21 ARCHITECTURAL AND TRANSPORTATION

22 BARRIERS COMPLIANCE BOARD

23 SALARIES AND EXPENSES

24 For expenses necessary for the Architectural and

25 Transportation Barriers Compliance Board, as authorized
32

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

2 amended, $3,640,000: Provided, That, notwithstanding

3 any other provision of law, there may be credited to this

4 appropriation funds received for publications and training

5 expenses.

6 NATIONAL TRANSPORTATION SAFETY BOARD

7 SALARIES AND EXPENSES

8 For necessary expenses of the National Transpor9 tation Safety Board, including hire of passenger motor ve10 hicles and aircraft; services as authorized by 5 U.S.C.

11 3109, but at rates for individuals not to exceed the per

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

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

14 5901–5902) $49,700,000, of which not to exceed $2,000

15 may be used for official reception and representation ex16 penses.

17 EMERGENCY FUND

18 For necessary expenses of the National Transpor19 tation Safety Board for accident investigations, including

20 hire of passenger motor vehicles and aircraft; services as

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

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

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

24 by law (5 U.S.C. 5901–5902), $1,000,000 to remain avail25 able until expended.
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1 TITLE III

2 GENERAL PROVISIONS

3 (INCLUDING TRANSFERS OF FUNDS)

4 SEC. 301. During the current fiscal year applicable

5 appropriations to the Department of Transportation shall

6 be available for maintenance and operation of aircraft;

7 hire of passenger motor vehicles and aircraft; purchase of

8 liability insurance for motor vehicles operating in foreign

9 countries on official department business; and uniforms,

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

11 5901–5902).

12 SEC. 302. Such sums as may be necessary for fiscal

13 year 1998 pay raises for programs funded in this Act shall

14 be absorbed within the levels appropriated in this Act or

15 previous appropriations Acts.

16 SEC. 303. Funds appropriated under this Act for ex17 penditures by the Federal Aviation Administration shall

18 be available (1) except as otherwise authorized by title

19 VIII of the Elementary and Secondary Education Act of

20 1965, 20 U.S.C. 7701, et seq., for expenses of primary

21 and secondary schooling for dependents of Federal Avia22 tion Administration personnel stationed outside the con23 tinental United States at costs for any given area not in

24 excess of those of the Department of Defense for the same

25 area, when it is determined by the Secretary that the
34

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1 schools, if any, available in the locality are unable to pro2 vide adequately for the education of such dependents, and

3 (2) for transportation of said dependents between schools

4 serving the area that they attend and their places of resi5 dence when the Secretary, under such regulations as may

6 be prescribed, determines that such schools are not acces7 sible by public means of transportation on a regular basis.

8 SEC. 304. Appropriations contained in this Act for

9 the Department of Transportation shall be available for

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

11 individuals not to exceed the per diem rate equivalent to

12 the rate for an Executive Level IV.

13 SEC. 305. None of the funds in this Act shall be avail14 able for salaries and expenses of more than one hundred

15 seven political and Presidential appointees in the Depart16 ment of Transportation: Provided, That none of the per17 sonnel covered by this provision may be assigned on tem18 porary detail outside the Department of Transportation.

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

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

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

22 intervening in regulatory or adjudicatory proceedings

23 funded in this Act.

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

25 shall remain available for obligation beyond the current
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1 fiscal year, nor may any be transferred to other appropria2 tions, unless expressly so provided herein.

3 SEC. 308. The Secretary of Transportation may enter

4 into grants, cooperative agreements, and other trans5 actions with any person, agency, or instrumentality of the

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

7 educational institution, and any other entity in execution

8 of the Technology Reinvestment Project authorized under

9 the Defense Conversion, Reinvestment and Transition As10 sistance Act of 1992 and related legislation: Provided,

11 That the authority provided in this section may be exer12 cised without regard to section 3324 of title 31, United

13 States Code.

14 SEC. 309. The expenditure of any appropriation

15 under this Act for any consulting service through procure16 ment contract pursuant to section 3109 of title 5, United

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

18 expenditures are a matter of public record and available

19 for public inspection, except where otherwise provided

20 under existing law, or under existing Executive Order is21 sued pursuant to existing law.

22 SEC. 310. (a) For fiscal year 1998 the Secretary of

23 Transportation shall distribute the obligation limitation

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

25 sums authorized to be appropriated for Federal-aid high-
36

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1 ways that are apportioned or allocated to each State for

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

3 to be appropriated for Federal-aid highways that are ap4 portioned or allocated to all the States for such fiscal year.

5 (b) Notwithstanding subsection (a), the Secretary

6 shall—

7 (1) provide all States with authority sufficient

8 to prevent lapses of sums authorized to be appro9 priated for Federal-aid highways that have been ap10 portioned to a State;

11 (2) after August 1, 1998, revise a distribution

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

13 a State will not obligate the amount distributed dur14 ing that fiscal year and redistribute sufficient

15 amounts to those States able to obligate amounts in

16 addition to those previously distributed during that

17 fiscal year giving priority to those States having

18 large unobligated balances of funds apportioned

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

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

21 1015 of Public Law 102–240; and

22 (3) not distribute amounts authorized for ad23 ministrative expenses and funded from the adminis24 trative takedown authorized by section 104(a) of

25 title 23, United States Code, the Federal lands high-
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1 way program, the intelligent transportation systems

2 program, and amounts made available under sec3 tions 1040, 1047, 1064, 6001, 6005, 6006, 6023,

4 and 6024 of Public Law 102–240, and 49 U.S.C.

5 5316, 5317, and 5338: Provided, That amounts

6 made available under section 6005 of Public Law

7 102–240 shall be subject to the obligation limitation

8 for Federal-aid highways and highway safety con9 struction programs under the head ‘‘Federal-Aid

10 Highways’’ in this Act.

11 (c) During the period August 2 through September

12 30, 1998, the aggregate amount which may be obligated

13 by all States shall not exceed 2.5 percent of the aggregate

14 amount of funds apportioned or allocated to all States—

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

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

17 Law 102–240, and

18 (2) for highway assistance projects under sec19 tion 103(e)(4) of title 23, United States Code, which

20 would not be obligated in fiscal year 1998 if the

21 total amount of the obligation limitation provided for

22 such fiscal year in this Act were utilized.

23 (d) Paragraph (c) shall not apply to any State which

24 on or after August 1, 1998, has the amount distributed
38

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1 to such State under paragraph (a) for fiscal year 1998

2 reduced under paragraph (c)(2).

3 SEC. 311. The limitations on obligations for the pro4 grams of the Federal Transit Administration shall not

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

6 made available for obligation, or to any other authority

7 previously made available for obligation under the discre8 tionary grants program.

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

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

11 SEC. 313. None of the funds in this Act shall be avail12 able to plan, finalize, or implement regulations that would

13 establish a vessel traffic safety fairway less than five miles

14 wide between the Santa Barbara Traffic Separation

15 Scheme and the San Francisco Traffic Separation

16 Scheme.

17 SEC. 314. Notwithstanding any other provision of

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

19 Federal Aviation Administration (FAA) instrument land20 ing systems (along with associated approach lighting

21 equipment and runway visual range equipment) which

22 conform to FAA design and performance specifications,

23 the purchase of which was assisted by a Federal airport24 aid program, airport development aid program or airport

25 improvement program grant. The FAA shall accept such
39

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1 equipment, which shall thereafter be operated and main2 tained by the FAA in accordance with agency criteria.

3 SEC. 315. None of the funds in this Act shall be avail4 able to award a multiyear contract for production end

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

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

7 in any one year of the contract or (2) includes a cancella8 tion charge greater than $10,000,000 which at the time

9 of obligation has not been appropriated to the limits of

10 the Government’s liability or (3) includes a requirement

11 that permits performance under the contract during the

12 second and subsequent years of the contract without con13 ditioning such performance upon the appropriation of

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

15 contract in which the Federal Government incurs no fi16 nancial liability from not buying additional systems, sub17 systems, or components beyond the basic contract require18 ments.

19 SEC. 316. For the purposes of funds made available

20 under the heading, Formula Grants, the term ‘‘Capital

21 Project’’ includes a project for—

22 (A)(i) acquisition, construction, supervision, or

23 inspection of a facility or equipment, including in24 spection thereof, for use in mass transportation; and
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1 (ii) expenses incidental to the acquisition or

2 construction (including designing, engineering, loca3 tion survey, mapping, acquiring rights of way, asso4 ciated pre-revenue startup costs, and environmental

5 mitigation), payments for rail trackage rights, Intel6 ligent Transportation Systems, relocation assistance,

7 acquiring replacement housing sites, and acquiring,

8 constructing, relocating, and rehabilitating replace9 ment housing;

10 (B) rehabilitating a bus;

11 (C) remanufacturing a bus;

12 (D) overhauling rail rolling stock;

13 (E) preventive maintenance; and

14 (F) financing the operating costs of equipment

15 and facilities used in mass transportation in urban16 ized areas with a population of less than 200,000.

17 SEC. 317. Notwithstanding any other provision of

18 law, and except for fixed guideway modernization projects,

19 funds made available by this Act under ‘‘Federal Transit

20 Administration, Discretionary grants’’ for projects speci21 fied in this Act or identified in reports accompanying this

22 Act not obligated by September 30, 2000, shall be made

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

24 SEC. 318. Notwithstanding any other provision of

25 law, any funds appropriated before October 1, 1993, under
41

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1 any section of chapter 53 of title 49, United States Code,

2 that remain available for expenditure may be transferred

3 to and administered under the most recent appropriation

4 heading for any such section.

5 SEC. 319. Funds received by the Federal Highway

6 Administration, Federal Transit Administration, and Fed7 eral Railroad Administration from States, counties, mu8 nicipalities, other public authorities, and private sources

9 for expenses incurred for training may be credited respec10 tively to the Federal Highway Administration’s ‘‘Limita11 tion on General Operating Expenses’’ account, the Federal

12 Transit Administration’s ‘‘Transit Planning and Re13 search’’ account, and to the Federal Railroad Administra14 tion’s ‘‘Railroad Safety’’ account, except for State rail

15 safety inspectors participating in training pursuant to 49

16 U.S.C. 20105.

17 SEC. 320. Notwithstanding 31 U.S.C. 3302, funds re18 ceived by the Bureau of Transportation Statistics from the

19 sale of data products, for necessary expenses incurred pur20 suant to 49 U.S.C. 111 may be credited to the Federal21 aid highways account for the purpose of reimbursing the

22 Bureau for such expenses: Provided, That such funds shall

23 not be subject to the obligation limitation for Federal-aid

24 highways and highway safety construction.
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1 SEC. 321. The Secretary of Transportation is author2 ized to transfer funds appropriated in this Act to make

3 rental payments to the General Services Administration

4 in excess of the amounts provided in this Act: Provided,

5 That prior to any such transfer, notification shall be pro6 vided to the House and Senate Committees on Appropria7 tions.

8 SEC. 322. None of the funds in this Act shall, in the

9 absence of express authorization by Congress, be used di10 rectly or indirectly to pay for any personal service, adver11 tisement, telegram, telephone, letter, printed or written

12 matter, or other device, intended or designed to influence

13 in any manner a Member of Congress, to favor or oppose,

14 by vote or otherwise, any legislation or appropriation by

15 Congress, whether before or after the introduction of any

16 bill or resolution proposing such legislation or appropria17 tion: Provided, That this shall not prevent officers or em18 ployees of the Department of Transportation or related

19 agencies funded in this Act from communicating to Mem20 bers of Congress on the request of any Member or to Con21 gress, through the proper official channels, requests for

22 legislation or appropriations which they deem necessary

23 for the efficient conduct of the public business.

24 SEC. 323. Not to exceed $1,000,000 of the funds pro25 vided in this Act for the Department of Transportation
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1 shall be available for the necessary expenses of advisory

2 committees.

3 SEC. 324. Notwithstanding any other provision of

4 law, the Secretary may use funds appropriated under this

5 Act, or any subsequent Act, to administer and implement

6 the exemption provisions of 49 CFR 580.6 and to adopt

7 or amend exemptions from the disclosure requirements of

8 49 CFR part 580 for any class or category of vehicles

9 that the Secretary deems appropriate.

10 SEC. 325. No funds other than those appropriated

11 to the Surface Transportation Board or fees collected by

12 the Board shall be used for conducting the activities of

13 the Board.

14 SEC. 326. (a) COMPLIANCE WITH BUY AMERICAN

15 ACT.—None of the funds made available in this Act may

16 be expended by an entity unless the entity agrees that in

17 expending the funds the entity will comply with the Buy

18 American Act (41 U.S.C. 10a–10c).

19 (b) SENSE OF CONGRESS; REQUIREMENT REGARD20 ING NOTICE.—

21 (1) PURCHASE OF AMERICAN-MADE EQUIP22 MENT AND PRODUCTS.—In the case of any equip23 ment or product that may be authorized to be pur24 chased with financial assistance provided using

25 funds made available in this Act, it is the sense of
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1 the Congress that entities receiving the assistance

2 should, in expending the assistance, purchase only

3 American-made equipment and products to the

4 greatest extent practicable.

5 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

6 In providing financial assistance using funds made

7 available in this Act, the head of each Federal agen8 cy shall provide to each recipient of the assistance

9 a notice describing the statement made in paragraph

10 (1) by the Congress.

11 (c) PROHIBITION OF CONTRACTS WITH PERSONS

12 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

13 If it has been finally determined by a court or Federal

14 agency that any person intentionally affixed a label bear15 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

18 States, the person shall be ineligible to receive any con19 tract or subcontract made with funds made available in

20 this Act, pursuant to the debarment, suspension, and ineli21 gibility procedures described in sections 9.400 through

22 9.409 of title 48, Code of Federal Regulations.

23 SEC. 327. Notwithstanding any other provision of

24 law, receipts, in amounts determined by the Secretary, col25 lected from users of fitness centers operated by or for the
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1 Department of Transportation shall be available to sup2 port the operation and maintenance of those facilities.

3 SEC. 328. Notwithstanding any other provision of

4 law, of amounts made available under Federal Aviation

5 Administration ‘‘Operations’’, the FAA shall provide per6 sonnel at Dutch Harbor, Alaska to provide real-time

7 weather and runway observation and other such functions

8 to help ensure the safety of aviation operations.

9 SEC. 329. Notwithstanding any other provision of

10 law, an amount not to exceed 5 per centum of any discre11 tionary appropriation (pursuant to the Balanced Budget

12 and Emergency Deficit Control Act, as amended) which

13 is available in this Act for the current fiscal year for the

14 Department of Transportation may be transferred be15 tween such appropriations: Provided, That no such appro16 priation, except as otherwise specifically provided, shall be

17 increased by more than 10 per centum by any such trans18 fers: Provided further, That any transfer pursuant to this

19 section shall be treated as a reprogramming of funds.

20 SEC. 330. In addition to funds provided in this or

21 any other Act, the Department of Transportation is au22 thorized to receive and use funds resulting from fees

23 charged to providers of telecommunications services for

24 using Federal property for the siting of mobile service an25 tennas: Provided, That, in fiscal year 1998 and thereafter,
46

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1 all such payments received by the Department shall be

2 credited to appropriate accounts contained in this Act for

3 operations, salaries and other expenses.

4 SEC. 331. Notwithstanding 49 U.S.C. 41742, no es5 sential air service shall be provided to communities in the

6 forty-eight contiguous States that are located fewer than

7 seventy highway miles from the nearest large and medium

8 hub airport, or that require a rate of subsidy per pas9 senger in excess of $200 unless such point is greater than

10 two hundred and ten miles from the nearest large or me11 dium hub airport.

12 SEC. 332. (a) IN GENERAL.—For purposes of the ex13 ception set forth in section 29(a)(2) of the International

14 Air Transportation Competition Act of 1979 (Public Law

15 96–192; 94 Stat. 35) and subsection (b) of this section,

16 the term ‘‘passenger capacity of 56 persons or less’’, in17 cludes any aircraft, except aircraft exceeding gross aircraft

18 weight of 363,000 pounds, reconfigured to accommodate

19 56 or fewer passengers if the total number of passenger

20 seats installed on the aircraft does not exceed 56.

21 (b) CITY OF DALLAS MAY PROHIBIT CERTAIN

22 FLIGHTS USING RECONFIGURED AIRCRAFT.—If the city

23 of Dallas, Texas, by a majority vote of all city council

24 members, as owner of Love Field, approves within 60 days

25 after the date of enactment of this Act a prohibition on
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1 any operator from reconfiguring an aircraft, originally de2 signed to contain more than 56 seats, to contain seats for

3 56 or fewer passengers in order to meet the passenger ca4 pacity requirement for the exception provided by section

5 29(a)(2) of the International Air Transportation Competi6 tion Act of 1979 (Public Law 96–192; 94 Stat. 35), then

7 no such operator operating such an aircraft may conduct

8 commercial passenger aircraft operations from Love Field,

9 Texas, to a destination in a State that is not contiguous

10 to the State of Texas. In no event shall the total number

11 of passenger seats installed on the aircraft exceed 56. In

12 no event shall this section affect any other provision of

13 law.

14 SEC. 333. Rebates, refunds, incentive payments,

15 minor fees and other funds received by the Department

16 from travel management centers, charge card programs,

17 the subleasing of building space, and miscellaneous

18 sources are to be credited to appropriations of the Depart19 ment and allocated to elements of the Department using

20 fair and equitable criteria and such funds shall be avail21 able until December 31 of the next fiscal year.

22 SEC. 334. Notwithstanding any other provision of

23 law, the Department of the Navy is directed to transfer

24 the USNS EDENTON (ATS–1), currently in Inactive

25 Ship status, to the United States Coast Guard.
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1 SEC. 335. (a) FINDINGS.—The Congress finds that—

2 (1) Congress has the authority under article I,

3 section 8 of the Constitution to regulate the air com4 merce of the United States;

5 (2) section 47107 of title 49, United States

6 Code, prohibits the diversion of certain revenue gen7 erated by a public airport as a condition of receiving

8 a project grant;

9 (3) a grant recipient that uses airport revenues

10 for purposes that are not airport related in a man11 ner inconsistent with chapter 471 of title 49, United

12 States Code, illegally diverts airport revenues;

13 (4) illegal diversion of airport revenues under14 mines the interest of the United States in promoting

15 a strong national air transportation system;

16 (5) the policy of the United States that airports

17 should be as self-sustaining as possible and that rev18 enues generated at airports should not be diverted

19 from airport purposes was stated by Congress in

20 1982 and reaffirmed and strengthened in 1987,

21 1994, and 1996;

22 (6) certain airports are constructed on lands

23 that may have belonged, at one time, to native

24 Americans, native Hawaiians, or Alaskan natives;
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1 (7) contrary to the prohibition against diverting

2 airport revenues from airport purposes under section

3 47107 of title 49, United States Code, certain pay4 ments from airport revenues may have been made

5 for the betterment of native Americans, native Ha6 waiians, or Alaskan natives based upon the claims

7 related to lands ceded to the United States;

8 (8) Federal law prohibits diversions of airport

9 revenues obtained from any source whatsoever to

10 occur in the future whether related to claims for pe11 riods of time prior to or after the date of enactment

12 of this Act; and

13 (9) because of the special circumstances sur14 rounding such past diversions of airport revenues for

15 the betterment of native Americans, native Hawai16 ians, or Alaskan natives, it is in the national interest

17 that amounts from airport revenues previously re18 ceived by any entity for the betterment of native

19 Americans, native Hawaiians, or Alaskan natives, as

20 specified in subsection (b) of this section, should not

21 be subject to repayment.

22 (b) TERMINATION OF REPAYMENT RESPONSIBIL23 ITY.—Notwithstanding the provisions of 47107 of title 49,

24 United States Code, or any other provision of law, monies

25 paid for claims related to ceded lands and diverted from
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1 airport revenues and received prior to April 1, 1996, by

2 any entity for the betterment of native Americans, native

3 Hawaiians, or Alaskan natives, shall not be subject to re4 payment.

5 (c) PROHIBITION ON FURTHER DIVERSION.—There

6 shall be no further payment of airport revenues for claims

7 related to ceded lands, whether characterized as operating

8 expenses, rent, or otherwise, and whether related to claims

9 for periods of time prior to or after the date of enactment

10 of this Act.

11 SEC. 336. LIMITATION ON FUNDS USED TO EN12 FORCE REGULATIONS REGARDING ANIMAL FATS AND

13 VEGETABLE OILS.—None of the funds made available in

14 this Act may be used by the Coast Guard to issue, imple15 ment, or enforce a regulation or to establish an interpreta16 tion or guideline under the Edible Oil Regulatory Reform

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

18 that Act that does not recognize and provide for, with re19 spect to fats, oils, and greases (as described in that Act,

20 or the amendments made by that Act) differences in—

21 (1) physical, chemical, biological, and other rel22 evant properties; and

23 (2) environmental effects.

24 SEC. 337. Notwithstanding the provisions of any

25 other law, rule or regulation, the Secretary of Transpor-
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1 tation is authorized to allow the issuer of any preferred

2 stock heretofore sold to the Department to redeem or re3 purchase such stock upon the payment to the Department

4 of an amount determined by the Secretary.

5 SEC. 338. Notwithstanding any provision of current

6 law, requirement or agreement, for purposes of the rede7 velopment for non-aeronautical use of the Richards8 Gebaur Memorial Airport located in Kansas City, Mis9 souri, and Bader Field in Atlantic City, New Jersey, the

10 Federal Aviation Administration may grant the requests

11 of Kansas City to close Richards-Gebaur and Atlantic City

12 to close Bader Field as public airports; and may release

13 those cities from the terms, conditions, reservations, or re14 strictions in surplus property conveyance/transfer docu15 ments and from conditions or assurances contained in

16 FAA grant agreements or orders applicable to the airports

17 that would otherwise prevent the closure of those airports

18 and redevelopment of the facilities to non-aeronautical

19 uses, unless the FAA determines that the closure would

20 adversely affect safety in air commerce, and is subject to

21 the FAA and Kansas City and Atlantic City reaching sat22 isfactory resolution of issues regarding the Federal invest23 ments in the Richards-Gebaur Memorial Airport and

24 Bader Field, respectively, and the treatment of the pro25 ceeds related to the disposition of the airport property.
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1 This Act may be cited as the ‘‘Department of Trans2 portation and Related Agencies Appropriations Act,

3 1998’’.