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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3675 Public Print (PP)]

104th CONGRESS
  2d Session
                                H. R. 3675

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 1996

    Ordered to be printed with the amendments of the Senate numbered

_______________________________________________________________________

                                 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 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,(1)<DELETED>$53,816,000 </DELETED>$53,376,000, (2)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.

              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,(3)<DELETED>$10,000,000 
</DELETED>$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 (4)<DELETED>$10,000,000 
</DELETED>$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,(5)<DELETED>$28,600,000 
</DELETED>$12,700,000 in fiscal year 1997 is hereby rescinded.

                        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, (6)<DELETED>$127,447,000 
</DELETED>$129,500,000: 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, (7)<DELETED>$17,294,000 
</DELETED>$17,192,000, 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; (8)<DELETED>$2,609,100,000 
</DELETED>$2,331,350,000, 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 available for expenses incurred for yacht documentation under 
46 U.S.C. 12109, except to the extent fees are collected from yacht 
owners and credited to this appropriation: Provided further, That the 
Commandant shall reduce both military and civilian employment levels 
for the purpose of complying with Executive Order No. 12839.

              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, (9)<DELETED>$358,000,000 
</DELETED>$393,100,000, of which $20,000,000 shall be derived from the 
Oil Spill Liability Trust Fund; of which (10)<DELETED>$205,600,000 
</DELETED>$227,960,000 shall be available to acquire, repair, renovate 
or improve vessels, small boats and related equipment, to remain 
available until September 30, 2001; (11)<DELETED>$18,300,000 
</DELETED>$19,040,000 shall be available to acquire new aircraft and 
increase aviation capability, to remain available until September 30, 
1999; (12)<DELETED>$39,900,000 </DELETED>$46,200,000 shall be available 
for other equipment, to remain available until September 30, 1999; 
(13)<DELETED>$47,950,000 </DELETED>$52,900,000 shall be available for 
shore facilities and aids to navigation facilities, to remain available 
until September 30, 1999; and (14)<DELETED>$46,250,000 
</DELETED>$47,000,000 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(15)<DELETED>:-Provided further, That the property 
in Wildwood, New Jersey shall be disposed of in a manner resulting in a 
final fiscal year 1997 appropriation estimated at 
$338,000,000</DELETED>(16)<DELETED>: Provided further, That none of the 
funds in this Act may be obligated or expended to continue the ``Vessel 
Traffic Service 2000'' Program</DELETED>.

        (17)<DELETED>Acquisition, Construction, and Improvements

                    <DELETED>(rescissions)</DELETED>

<DELETED>    Of the available balances under this heading provided in 
Public Law 104-50, $3,400,000 are rescinded.</DELETED>
<DELETED>    Of the available balances under this heading provided in 
Public Law 103-331, $355,000 are rescinded.</DELETED>

                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, (18)<DELETED>$21,000,000 </DELETED>$23,000,000, to 
remain available until expended.

                      (19)Port Safety Development

    For necessary expenses for debt retirement of the Port of Portland, 
Oregon, $5,000,000, to remain available until expended.

                         Alteration of Bridges

    For necessary expenses for alteration or removal of obstructive 
bridges, (20)<DELETED>$16,000,000 </DELETED>$10,000,000, to remain 
available until expended.

                              Retired Pay

    For retired pay, including the payment of obligations therefor 
otherwise chargeable to lapsed appropriations for this purpose, and 
payments under the Retired Serviceman's Family Protection and Survivor 
Benefits Plans, and for payments for medical care of retired personnel 
and their dependents under the Dependents Medical Care Act (10 U.S.C. 
ch. 55) $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, (21)<DELETED>$19,000,000 </DELETED>$19,550,000, 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, 
(22)<DELETED>$35,000,000 </DELETED>$10,000,000, 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, (23)<DELETED>$4,900,000,000 
</DELETED>$4,899,957,000, of which (24)<DELETED>$1,642,500,000 
</DELETED>$2,742,602,000 shall be derived from the Airport and Airway 
Trust Fund: Provided, That notwithstanding any other provision of law, 
not to exceed (25)<DELETED>$30,000,000 </DELETED>$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 1997, to result in a final fiscal year 1997 appropriation from the 
general fund estimated at not more than (26)<DELETED>$2,127,398,000 
</DELETED>$2,082,355,000(27)<DELETED>:-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</DELETED>: 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, 
(28)<DELETED>$1,800,000,000 </DELETED>$1,788,700,000, of which 
(29)<DELETED>$1,583,000,000 </DELETED>$1,571,700,000 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.

                 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, (30)<DELETED>$185,000,000 </DELETED>$188,490,000, 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 (31)<DELETED>$1,300,000,000 
</DELETED>$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.

               (32)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 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 (33)<DELETED>$510,981,000 
</DELETED>$534,846,000 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 
(34)<DELETED>$214,698,000 </DELETED>$234,840,000 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 (35)<DELETED>$17,550,000,000 </DELETED>$17,650,000,000 for 
Federal-aid highways and highway safety construction programs for 
fiscal year 1997.

                          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)

    (36)<DELETED>None of the funds under this head are available for 
obligations for right-of-way acquisition during fiscal year 1997. 
</DELETED>For the cost of direct loans, $8,000,000, as authorized by 
section 108 of title 23, United States Code.

                      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 
(37)<DELETED>$77,425,000 </DELETED>$79,000,000 for ``Motor Carrier 
Safety Grants''.

                     (38)State Infrastructure Banks

                          (highway trust fund)

    To carry out the State Infrastructure Bank Pilot Program (Public 
Law 104-59, section 350), $250,000,000, to be derived from the Highway 
Trust Fund and to remain available until expended, to be distributed by 
the Secretary to more than 10 States: Provided, 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 funds appropriated and deposited into transit accounts 
authorized by section 350(b)(3) shall be drawn from the Mass Transit 
account of the Highway Trust Fund and that funds appropriated and 
deposited into highway accounts authorized by section 350(b)(2) shall 
be drawn from the Highway Trust Fund (other than the Mass Transit 
Account): 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.

             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, (39)<DELETED>$81,895,000 </DELETED>$80,000,000, 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, 
(40)<DELETED>$50,377,000 </DELETED>$53,195,000, 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, (41)<DELETED>$167,100,000 
</DELETED>$169,100,000, 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 
(42)<DELETED>$167,100,000 </DELETED>$169,100,000 for programs 
authorized under 23 U.S.C. 402 and 410, as amended, of which 
(43)<DELETED>$127,700,000 </DELETED>$129,700,000 shall be for ``State 
and community highway safety grants'', $2,400,000 shall be for the 
``National Driver Register'', (44)<DELETED>$11,000,000 
</DELETED>$12,000,000 shall be for highway safety grants as authorized 
by section 1003(a)(7) of Public Law 102-240, and 
(45)<DELETED>$26,000,000 </DELETED>$25,000,000 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 (46)<DELETED>$5,268,000 
</DELETED>$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 
appropriation ``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 counter-measures 
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, (47)<DELETED>$16,469,000 </DELETED>$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, 
(48)<DELETED>$20,341,000 </DELETED>$20,000,000, to remain available 
until expended.

               (49)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, $200,000,000, to remain available until September 30, 1999.

                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 
(50)<DELETED>1997. </DELETED>1997, except for up to $75,000,000 in loan 
guarantee commitments during such fiscal year (and $4,158,000 is hereby 
made available for the cost of such loan guarantee commitments).

                    Next Generation High-Speed Rail

    For necessary expenses for Next Generation High-Speed Rail studies, 
corridor planning, development, demonstration, and implementation, 
(51)<DELETED>$19,757,000 </DELETED>$26,525,000, 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 (52)<DELETED>track and 
signal </DELETED>track, signal and station 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.

                   (53)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, 
(54)<DELETED>$4,000,000 </DELETED>$10,000,000 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 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 (55)<DELETED>$10,000,000 </DELETED>$16,000,000 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.

               (56)<DELETED>Direct Loan Financing Program

<DELETED>    Notwithstanding any other provision of law, $58,680,000, 
for direct loans not to exceed $400,000,000 consistent with the 
purposes of section 505 of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 825) as in effect on September 30, 1988, 
to the Alameda Corridor Transportation Authority to continue the 
Alameda Corridor Project, including replacement of at-grade rail lines 
with a below-grade corridor and widening of the adjacent major highway: 
Provided, That loans not to exceed the following amounts shall be made 
on or after the first day of the fiscal year indicated:</DELETED>

<DELETED>Fiscal year 1997............................      $140,000,000
<DELETED>Fiscal year 1998............................      $140,000,000
<DELETED>Fiscal year 1999............................      $120,000,000
<DELETED>Provided further, That any loan authorized under this section 
shall be structured with a maximum 30-year repayment after completion 
of construction at an annual interest rate of not to exceed the 30-year 
United States Treasury rate and on such terms and conditions as deemed 
appropriate by the Secretary of Transportation: Provided further, That 
specific provisions of section 505(a)(b) and (d) shall not apply: 
Provided further, That the Alameda Corridor Transportation Authority 
shall be deemed to be a financially responsible person for purposes of 
section 505 of the Act.</DELETED>

         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,(57)<DELETED>$462,000,000 </DELETED>$592,000,000, to remain 
available until expended, of which $342,000,000 shall be available for 
operating losses and for mandatory passenger rail service payments, and 
(58)<DELETED>$120,000,000 </DELETED>$250,000,000 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, (59)<DELETED>$41,367,000 </DELETED>$42,147,000.

                             Formula Grants

  For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2), 5311, 
and 5336, to remain available until expended, (60)<DELETED>$490,000,000 
</DELETED>$218,335,000: Provided, That no more than 
(61)<DELETED>$2,052,925,000 </DELETED>$2,149,185,000 of budget 
authority shall be available for these purposes: Provided further, 
That(62), notwithstanding any other provision of law, 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 seventy-five 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.

                   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 (63)<DELETED>$1,665,000,000 </DELETED>$1,900,000,000 in 
fiscal year 1997 for grants under the contract authority in 49 U.S.C. 
5338(b): Provided, That (64)notwithstanding any provision of law, there 
shall be available for fixed guideway modernization, 
(65)<DELETED>$666,000,000 </DELETED>$725,000,000; there shall be 
available for the replacement, rehabilitation, and purchase of buses 
and related equipment and the construction of bus-related facilities, 
(66)<DELETED>$333,000,000 </DELETED>$375,000,000; and, notwithstanding 
any other provision of law, except for fixed guideway modernization 
projects, (67)<DELETED>$10,510,000 </DELETED>$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 together with the 
(68)<DELETED>$666,000,000 </DELETED>$800,000,000 made available for new 
fixed guideway systems in this Act, to be available as follows:
            (69)$6,390,000 for the Alaska-Hollis to Ketchikan ferry 
        project;
            (70)<DELETED>$66,820,000 </DELETED>$62,000,000 for the 
        Atlanta-North Springs project;
            (71)<DELETED>$10,260,000 </DELETED>$5,000,000 for the 
        Baltimore-LRT Extension project;
            (72)<DELETED>$40,181,000 </DELETED>$30,000,000 for the 
        Boston Piers-MOS-2 project;
            (73)<DELETED>$2,000,000 for the Burlington-Charlotte, 
        Vermont commuter rail project;
        </DELETED>    (74)<DELETED>$5,500,000 for the Canton-Akron-
        Cleveland commuter rail project;
        </DELETED>    (75)<DELETED>$25,000,000, </DELETED>$20,000,000 
        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;
            (76)<DELETED>$10,000,000 </DELETED>$12,000,000 for the DART 
        North Central light rail extension project;
            (77)<DELETED>$12,500,000 </DELETED>$18,000,000 for the 
        Dallas-Fort Worth RAILTRAN project;
            (78)<DELETED>$1,000,000 for the DeKalb County, Georgia 
        light rail project;
        </DELETED>    (79)<DELETED>$3,000,000 for the Denver Southwest 
        Corridor project;
        </DELETED>    (80)<DELETED>$9,000,000 </DELETED>$20,000,000 for 
        the Florida Tri-County commuter rail project;
            (81)<DELETED>$2,000,000 for the Griffin light rail project;
        </DELETED>    (82)<DELETED>$40,590,000 </DELETED>$24,000,000 
        for the Houston Regional Bus project;
            (83)<DELETED>$7,400,000 for the Jackson, Mississippi 
        Intermodal Corridor;
        </DELETED>    (84)<DELETED>$15,300,000 for the Jacksonville ASE 
        extension project;
        </DELETED>    (85)<DELETED>$1,500,000 </DELETED>$3,600,000 for 
        the Kansas City Southtown corridor project;
            (86)<DELETED>$6,000,000 for the Little Rock, Arkansas 
        Junction Bridge project;
        </DELETED>    (87)<DELETED>$90,000,000 </DELETED>$55,000,000 
        for the Los Angeles-MOS-3 project;
            (88)<DELETED>$1,500,000 for the Los Angeles-San Diego 
        commuter rail project;
        </DELETED>    (89)<DELETED>$27,000,000 </DELETED>$50,000,000 
        for the MARC Commuter Rail Improvements project;
            (90)$5,000,000 for the Metro-Dade Transit east-west 
        corridor, Florida project;
            (91)<DELETED>$1,000,000 for the Miami-North 27th Avenue 
        project;
        </DELETED>    (92)<DELETED>$2,000,000 </DELETED>$6,400,000 for 
        the Memphis, Tennessee Regional Rail Plan;
            (93)$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;
            (94)<DELETED>$1,000,000 for the New Jersey West Trenton 
        commuter rail project;
        </DELETED>    (95)<DELETED>$8,000,000 </DELETED>$10,000,000 for 
        the New Orleans Canal Street Corridor project;
            (96)<DELETED>$2,000,000 for the New Orleans Desire 
        Streetcar project;
        </DELETED>    $35,020,000 for the New York-Queens Connection 
        project;
            (97)<DELETED>$500,000 for the Northern Indiana commuter 
        rail project;
        </DELETED>    (98)$10,000,000 for the Oklahoma City, MAPS 
        corridor transit system;
            (99)<DELETED>$5,000,000 for the Orange County transitway 
        project;
        </DELETED>    $2,000,000 for the Orlando Lynx light rail 
        project;
            (100)$15,100,000 for the Pittsburgh Airport busway project;
            (101)$6,000,000 for the Portland South/North light rail 
        transit project;
            (102)<DELETED>$90,000,000 </DELETED>$138,000,000 for the 
        Portland-Westside/Hillsboro Extension project;
            (103)$5,000,000 for the Research Triangle Park, North 
        Carolina regional transit plan;
            (104)<DELETED>$6,000,000 </DELETED>$7,000,000 for the 
        Sacramento LRT Extension project;
            (105)<DELETED>$20,000,000 </DELETED>$58,000,000 for the 
        Salt Lake City-South LRT project(106)<DELETED>,-of which not 
        less than $10,000,000 shall be available only for high-
        occupancy vehicle lane and corridor design costs</DELETED>;
            (107)$30,000,000 for St. Louis Metrolink;
            (108)<DELETED>$20,000,000 </DELETED>$45,000,000 for the St. 
        Louis-St. Clair Extension project;
            (109)<DELETED>$35,000,000 </DELETED>$20,000,000 for the San 
        Francisco Area-BART airport extension/San Jose Tasman West LRT 
        projects;
            (110)<DELETED>$3,000,000 for the San Diego-Mid-Coast 
        Corridor project;
        </DELETED>    (111)<DELETED>$9,500,000 for the San Juan Tren 
        Urbano project;
        </DELETED>    (112)$5,000,000 for the Seattle-Renton-Tacoma 
        light rail project;
            (113)<DELETED>$375,000 for the Staten Island-Midtown Ferry 
        service project;
        </DELETED>    $2,000,000 for the Tampa to Lakeland commuter 
        rail project; (114)<DELETED>and
        </DELETED>    (115)$8,000,000 for the Virginia Rail Express 
        Richmond to Washington commuter rail project; and
            (116)<DELETED>$2,500,000 </DELETED>$5,000,000 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, 
(117)<DELETED>$2,000,000,000 </DELETED>$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, (118)<DELETED>$200,000,000 
</DELETED>$198,510,000, to remain available until expended.

             SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

    The Saint Lawrence Seaway Development Corporation is hereby 
authorized to make such expenditures, within the limits of funds and 
borrowing authority available to the Corporation, and in accord with 
law, and to make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of the Government 
Corporation Control Act, as amended, as may be necessary in carrying 
out the programs set forth in the Corporation's budget for the current 
fiscal year.

                       Operations and Maintenance

                    (harbor maintenance trust fund)

  For necessary expenses for operation and maintenance of those 
portions of the Saint Lawrence Seaway operated and maintained by the 
Saint Lawrence Seaway Development Corporation, including the Great 
Lakes Pilotage functions delegated by the Secretary of Transportation, 
(119)<DELETED>$10,037,000 </DELETED>$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, (120)<DELETED>$23,929,000 
</DELETED>$27,675,000, 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, 
(121)<DELETED>$30,988,000 </DELETED>$31,278,000, 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 
(122)<DELETED>$28,460,000 </DELETED>$28,750,000 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, 
(123)<DELETED>$39,450,000 </DELETED>$39,700,000: Provided, That 
(124)<DELETED>none of the funds under this heading shall be for the 
conduct of contract audits </DELETED>of which $1,900,000 shall be for 
the conduct of contract audits.

                      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: (125)Provided further, That 
none of the funds appropriated in this Act or otherwise made available 
may be used to increase fees for services in connection with rail 
maximum rate complaints, pursuant to 49 CFR part 1002, STB Ex Parte No. 
542: 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 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 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), title 23 U.S.C., the Federal lands highway 
        (126)<DELETED>program, </DELETED>program; the intelligent 
        transportation systems (127)<DELETED>program, and </DELETED> 
        program; 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(128); $5,000,000 for 
        activities authorized by section 140(b) of title 23, United 
        States Code; $5,000,000 for activities authorized by section 
        1012(b) of Public Law 102-240; and $50,000,000 of the 
        obligation limitation established by this Act for Federal-aid 
        highways and highway safety construction: Provided, That 
        $15,000,000 of such undistributed obligation limitation shall 
        be available for administrative costs and allocation to States 
        under section 104(I) of title 23, United States Code; 
        $30,000,000 shall be available for allocation to States 
        authorized by section 1069(y) of Public Law 102-240; and 
        $5,000,000 shall be available for administrative costs and 
        allocation to States under section 1302(d) of the Symms 
        National Recreational Trails Act of 1991: 
        (129)<DELETED>Provided </DELETED>Provided further, 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).
    (130)(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 
        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 4\3/4\ 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 23 U.S.C. Sec.  104(a).
    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 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 U.S.C., that remain available for expenditure may be 
transferred to and administered under the most recent appropriation 
heading for any such section.
    Sec. 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 federally-funded 
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.
    (131)<DELETED>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.
</DELETED>    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(132): Provided, That 
this provision shall not apply in any case where the Administrator of 
the Federal Aviation Administration determines, in writing, that safety 
conditions warrant obligation of such funds.
    Sec. 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: Provided further, 
(133)<DELETED>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 </DELETED>That of the funds provided 
by section 6006(b) of Public Law 102-240, not to exceed $3,100,000 may 
be incurred to conduct activities related to airline statistics.
    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.
    (134)<DELETED>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.
</DELETED>    Sec. 331. Not to exceed (135)<DELETED>$850,000 
</DELETED>$1,050,000 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.
    (136)<DELETED>Sec. 333. No funds other than those appropriated to 
the Surface Transportation Board shall be used for conducting the 
activities of the Board.
</DELETED>    (137)Sec. 333. 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. 334. 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. 335. 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
            (3) by inserting before the period at the end the 
        following: ``, and the locally preferred alternative for the 
        South/North Corridor Project''.
    (138)Sec. 335a. 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. 336. 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.
    (139)<DELETED>Sec. 337. 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.
</DELETED>    (140)<DELETED>Sec. 338. 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.
</DELETED>    (141)Sec. 338. 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.
    (142)<DELETED>Sec. 339. Section 423 of H.R. 1361, as passed the 
House of Representatives on May 9, 1995, is hereby enacted into law.
</DELETED>    (143)Sec. 339. 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. 340. (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 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.
    (144)Sec. 341. 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.
    (145)Sec. 342. 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.
    (146)Sec. 343. 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.
    (147)Sec. 344. Hereinafter, the National Passenger Railroad 
Corporation 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.
    (148)Sec. 345. Notwithstanding any other provision in law, of the 
amounts made available under the Federal Aviation Administration's 
operations account, 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.
(149)sec. 346. 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 St. Lawrence Seaway Development 
                Corporation;
                    (D) the Office of the Secretary;
                    (E) the Federal Railroad Administration; and
                    (F) any other agency of the Department with respect 
                to employees of such agency in positions targeted for 
                reduction under the National Performance Review;
            (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;
                    (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; or
                    (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.
    (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.
            (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, 
                        $20,000 in fiscal year 1998, $15,000 in fiscal 
                        year 1999, or $10,000 in fiscal year 2000;
                    (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, 2000.
    (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 in 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) Reduction 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 created 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 
        subsection, 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.
    (150)Sec. 347. (a) Review of Reporting of Excise Tax Data.--Prior 
to September 30, 1996, the Secretary of the Treasury and the Secretary 
of Transportation shall conduct a review of the reporting of excise tax 
data by the Department of the Treasury to the Department of 
Transportation for fiscal year 1994 and its impact on the allocation of 
Federal aid highways. If the President certifies that all of the 
following conditions are met:
            (1) A significant error was made by the Treasury in its 
        estimate of Highway Trust Fund revenues collected in fiscal 
        year 1994.
            (2) The error is fundamentally different from errors 
        routinely made in such estimates in the past.
            (3) The error is significant enough to justify the fiscal 
        year 1997 apportionments and allocations of Highway Trust Funds 
        be adjusted; and finds that the provision in subsection (b) 
        corrects these deficiencies, then subsection (b) will be 
        operative.
    (b) Calculation of Federal-Aid Highway Apportionments and 
Allocations.--
            (1) In general.--Except as provided in paragraph (2), for 
        fiscal year 1997, the Secretary of Transportation shall 
        determine the Federal-aid highway apportionments and 
        allocations to a State without regard to the approximately 
        $1,596,000,000 credit to the Highway Trust Fund (other than the 
        Mass Transit Account) of estimated taxes paid by States that 
        was made by the Secretary of the Treasury for fiscal year 1995 
        in correction of an accounting error made in fiscal year 1994.
            (2) Adjustments for effects in 1996.--The Secretary of 
        Transportation shall, for each State--
                    (A) determine whether the State would have been 
                apportioned and allocated an increased or decreased 
                amount for Federal-aid highways for fiscal year 1996 if 
                the accounting error referred to in paragraph (1) had 
                not been made (which determination shall take into 
                account the effects of section 1003(c) of the 
                Intermodal Surface Transportation Efficiency Act of 
                1991 (Public Law 102-240; 105 Stat. 1921)); and
                    (B) after apportionments and allocations are 
                determined in accordance with paragraph (1)--
                            (i) adjust the amount apportioned and 
                        allocated to the State for Federal-aid highways 
                        for fiscal year 1997 by the amount of the 
                        increase or decrease; and
                            (ii) adjust accordingly the obligation 
                        limitation for Federal-aid highways distributed 
                        to the State under this Act.
            (3) No effect on 1996 distributions.--Nothing in this 
        section shall affect any apportionment, allocation, or 
        distribution of obligation limitation, or reduction thereof, to 
        a State for Federal-aid highways for fiscal year 1996.
            (4) Effective date.--This section shall take effect on 
        September 30, 1996.
    (151)Sec. 348. It is the sense of the Senate that Congress should 
actively consider legislation to establish the Saint Lawrence Seaway 
Development Corporation as a performance-based organization on a pilot 
basis beginning in fiscal year 1998.
(152)sec. 349. federal aviation administration procurement.
    (a) Sense of the Congress.--It is the sense of the Congress that 
the Administrator of the Federal Aviation Administration should promote 
and encourage the use of full and open competition as the preferred 
method of procurement for the Federal Aviation Administration.
    (b) Independent Assessment.--Not later than December 31, 1997, the 
Administrator of the Federal Aviation Administration shall--
            (1) 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
            (2) submit to the Congress a report on the findings of that 
        independent assessment.
    (c) Full and Open Competition Defined.--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)).
    (153)Sec. 350. 49 U.S.C. App. 2311 is amended by adding the 
following new subsection:
                    ``(D) Nebraska.--In addition to vehicles which the 
                State of Nebraska may continue to allow to be operated 
                under paragraphs (1)(a) and (1)(B) 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.''.
    (154)Sec. 351. (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.''.

    (155)sec. 352. limitation on funds used to enforce regulations 
               regarding animal fats and vegetable oils.

    None of 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.
    (156)Sec. 353. (a) In cases where an emergency ocean condition 
causes erosion of a bank protecting a scenic highway or byway, fiscal 
year 1996 or fiscal year 1997 Federal Highway Administration Emergency 
Relief funds can be used to halt the erosion and stabilize the bank if 
such action is necessary to protect the highway from imminent failure 
and is less expensive than highway relocation.
    (b) In cases where an emergency condition causes inundation of a 
roadway or saturation of the subgrade with further erosion due to 
abnormal freeze/thaw cycles and damage caused by traffic, fiscal year 
1996 or fiscal year 1997 Federal Highway Administration Emergency 
Relief funds can be used to repair such roadway.
    (c) Not more than $8,000,000 in Federal Highway Administration 
Emergency Relief funds may be used for each of the conditions 
referenced in subsections (a) and (b).
(157)sec. 354. the railroad safety institute.
    Of the money available to the Federal Rail Administration up to 
$500,000 shall be made available to establish and operate the Institute 
for Railroad Safety as authorized by the Swift Rail Development Act of 
1994.
(158)sec. 355. train whistle requirements.
    No funds shall be made available to implement the regulations 
issued under section 20153(b) of title 49, United States Code, 
requiring audible warnings to be sounded by a locomotive horn at 
highway-rail grade crossings, unless--
            (1) in implementing the regulations or providing an 
        exception to the regulations under section 20153(c) of such 
        title, the Secretary of Transportation takes into account, 
        among other criteria--
                    (A) the interests of the communities that have in 
                effect restrictions on the sounding of a locomotive 
                horn at highway-rail grade crossings as of July 30, 
                1996; and
                    (B) the past safety record at each grade crossing 
                involved; and
            (2) whenever the Secretary determines that supplementary 
        safety measures (as that term is defined in section 20153(a) of 
        title 49, United States Code) are necessary to provide an 
        exception referred to in paragraph (1), the Secretary--
                    (A) having considered the extent to which local 
                communities have established public awareness 
                initiatives and highway-rail crossing traffic law 
                enforcement programs allows for a period of not to 
                exceed 3 years, beginning on the date of that 
                determination, for the installation of those measures; 
                and
                    (B) works in partnership with affected communities 
                to provide technical assistance and to develop a 
                reasonable schedule for the installation of those 
                measures.
    (159)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

    (160)<DELETED>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.
</DELETED>    (161)<DELETED>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''.
</DELETED>    (162)<DELETED>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--
        <DELETED>    (1) by striking ``St. Thomas,''; and</DELETED>
        <DELETED>    (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''.</DELETED>
    (163)Sec. 403. The funds authorized to be appropriated for highway-
railroad 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. 404. 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) 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.
    (164)<DELETED>Sec. 405. 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''.
</DELETED>    (165)Sec. 405. 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).
(166)sec. 406. 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 right-of-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.
(167)sec. 407. 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, may, at the option of the 
Minnesota Department of Transportation, 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 
        Relocation 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).

          (168)<DELETED>TITLE V--ADDITIONAL GENERAL PROVISIONS

</DELETED>    (169)<DELETED>Sec. 501. (a) Limitation on New Loan 
Guarantees for Certain Railroad Projects</DELETED>.--<DELETED>None of 
the funds made available in this Act may be used for the cost of any 
new loan guarantee commitment for any railroad project, when it is made 
known to the Federal official having authority to obligate or expend 
such funds that such railroad project is an international railroad 
project of the United States and another country, or a railroad project 
in the United States in the vicinity of the United States border with 
another country.
<DELETED>    (b) Exception.--Subsection (a) shall not apply when it is 
made known to the Federal official having authority to obligate or 
expend such funds that--</DELETED>
        <DELETED>    (1) a comprehensive study has been conducted after 
        the date of the enactment of this Act regarding criminal 
        activities that have occurred on existing railroads of such 
        type, including--</DELETED>
                <DELETED>    (A) the use of such railroads to 
                facilitate the smuggling of illegal aliens and illegal 
                drugs into the United States, and the impact of such 
                smuggling on the total number of illegal aliens, and 
                the total amount of illegal drugs, entering the United 
                States; and</DELETED>
                <DELETED>    (B) the commission of robberies against 
                such railroads; and</DELETED>
        <DELETED>    (2) a detailed report setting forth the results of 
        such study has been issued and made available to the 
        public.</DELETED>
    (170)<DELETED>Sec. 502. 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.
</DELETED>    This Act may be cited as the ``Department of 
Transportation and Related Agencies Appropriations Act, 1997''.

            Passed the House of Representatives June 28 (legislative 
      day of June 27), 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

                              By Linda Nave,

                                                          Deputy Clerk.

            Passed the Senate July 31, 1996.

            Attest:

                                             KELLY D. JOHNSTON,

                                                             Secretary.
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