In the Senate of the United States,

July 31, 1996.

Resolved, That the bill from the House of Representatives (H.R. 3675) entitled ‘‘An Act making appropriations for

the Department of Transportation and related agencies for

the fiscal year ending September 30, 1997, and for other purposes’’, do pass with the following

AMENDMENTS:

1 Ω1æPage 2, line 10, strike out ø$53,816,000¿ and insert:

2 $53,376,000

3 Ω2æPage 2, line 10, after ‘‘53,816,000,’’ insert: of which

4 such sums as necessary shall be used to investigate anti5 competitive practices in air transportation, enforce section

6 41712 of title 49, and report to Congress by the end of the

7 fiscal year on its progress to address anticompetitive prac8 tices, and

9 Ω3æPage 4, line 9, strike out ø$10,000,000¿ and insert:

10 $25,900,000
2

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1 Ω4æPage 4, line 13, strike out ø$10,000,000¿ and insert:

2 $25,900,000

3 Ω5æPage 5, line 6, strike out ø$28,600,000¿ and insert:

4 $12,700,000

5 Ω6æPage 5, line 16, strike out ø$127,447,000¿ and insert:

6 $129,500,000

7 Ω7æPage 5, line 24, strike out ø$17,294,000¿ and insert:

8 $17,192,000

9 Ω8æPage 7, line 3, strike out ø$2,609,100,000¿ and in10 sert: $2,331,350,000

11 Ω9æPage 7, line 23, strike out ø$358,000,000¿ and insert:

12 $393,100,000

13 Ω10æPage 7, line 25 strike out ø$205,600,000¿ and in14 sert: $227,960,000

15 Ω11æPage 8, line 3, strike out ø$18,300,000¿ and insert:

16 $19,040,000

17 Ω12æPage 8, line 5, strike out ø$39,900,000¿ and insert:

18 $46,200,000

19 Ω13æPage 8, line 7, strike out ø$47,950,000¿ and insert:

20 $52,900,000
3

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1 Ω14æPage 8, line 9, strike out ø$46,250,000¿ and insert:

2 $47,000,000

3 Ω15æPage 8, line 18, strike out all after ‘‘appropriation’’

4 down to and including ‘‘$338,000,000’’ in line 21

5 Ω16æPage 8, line 21, strike out all after ‘‘$338,000,000’’

6 down to and including ‘‘Program’’ in line 23

7 Ω17æPage 9, strike out lines 1 through 6

8 Ω18æPage 9, line 11, strike out ø$21,000,000¿ and insert:

9 $23,000,000

10 Ω19æPage 9, after line 11 insert:

11 PORT SAFETY DEVELOPMENT

12 For necessary expenses for debt retirement of the Port

13 of Portland, Oregon, $5,000,000, to remain available until

14 expended.

15 Ω20æPage 9, line 14, strike out ø$16,000,000¿ and insert:

16 $10,000,000

17 Ω21æPage 10, line 11, strike out ø$19,000,000¿ and in18 sert: $19,550,000

19 Ω22æPage 10, line 22, strike out ø$35,000,000¿ and in20 sert: $10,000,000
4

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1 Ω23æPage 11, line 14, strike out ø$4,900,000,000¿ and

2 insert: $4,899,957,000

3 Ω24æPage 11, line 15, strike out ø$1,642,500,000¿ and

4 insert: $2,742,602,000

5 Ω25æPage 11, line 17, strike out ø$30,000,000¿ and in6 sert: $75,000,000

7 Ω26æPage 12, line 2, strike out ø$2,127,398,000¿ and in8 sert: $2,082,355,000

9 Ω27æPage 12, line 2, strike out all after

10 ‘‘$2,127,398,000’’ down to and including ‘‘States’’ in line

11 5

12 Ω28æPage 13, line 23, strike out ø$1,800,000,000¿ and

13 insert: $1,788,700,000

14 Ω29æPage 13, line 24, strike out ø$1,583,000,000¿ and

15 insert: $1,571,700,000

16 Ω30æPage 14, line 13, strike out ø$185,000,000¿ and in17 sert: $188,490,000

18 Ω31æPage 15, line 8, strike out ø$1,300,000,000¿ and in19 sert: $1,460,000,000

20 Ω32æPage 15, after line 23 insert:
5

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1 ADMINISTRATIVE SERVICES FRANCHISE FUND

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

3 be available without fiscal year limitation, for the costs of

4 capitalizing and operating such administrative services as

5 the FAA Administrator determines may be performed more

6 advantageously as centralized services, including account7 ing, international training, payroll, travel, duplicating,

8 multimedia and information technology services: Provided,

9 That any inventories, equipment, and other assets pertain10 ing to the services to be provided by such fund, either on

11 hand or on order, less the related liabilities or unpaid obli12 gations, and any appropriations made prior to the current

13 year for the purpose of providing capital shall be used to

14 capitalize such fund: Provided further, That such fund shall

15 be paid in advance from funds available to the FAA and

16 other Federal agencies for which such centralized services

17 are performed, at rates which will return in full all expenses

18 of operation, including accrued leave, depreciation of fund

19 plant and equipment, amortization of Automated Data

20 Processing (ADP) software and systems (either required or

21 donated), and an amount necessary to maintain a reason22 able operating reserve, as determined by the FAA Adminis23 trator: Provided further, That such fund shall provide serv24 ices on a competitive basis: Provided further, That an

25 amount not to exceed four percent of the total annual in-
6

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1 come to such fund may be retained in the fund for fiscal

2 year 1997 and each year thereafter, to remain available

3 until expended, to be used for the acquisition of capital

4 equipment and for the improvement and implementation

5 of FAA financial management, ADP, and support systems:

6 Provided further, That no later than thirty days after the

7 end of each fiscal year, amounts in excess of this reserve

8 limitation shall be transferred to miscellaneous receipts in

9 the Treasury.

10 Ω33æPage 16, line 6, strike out ø$510,981,000¿ and in11 sert: $534,846,000

12 Ω34æPage 16, line 10, strike out ø$214,698,000¿ and in13 sert: $234,840,000

14 Ω35æPage 17, line 1, strike out ø$17,550,000,000¿ and

15 insert: $17,650,000,000

16 Ω36æPage 17, strike out lines 19 through 21 and insert:

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

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

19 Ω37æPage 18, line 10, strike out ø$77,425,000¿ and in20 sert: $79,000,000

21 Ω38æPage 18, after line 10 insert:
7

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1 STATE INFRASTRUCTURE BANKS

2 (HIGHWAY TRUST FUND)

3 To carry out the State Infrastructure Bank Pilot Pro4 gram (Public Law 104–59, section 350), $250,000,000, to

5 be derived from the Highway Trust Fund and to remain

6 available until expended, to be distributed by the Secretary

7 to more than 10 States: Provided, That these funds shall

8 be used to advance projects or programs under the terms

9 and conditions of section 350: Provided further, That any

10 State that receives such funds may deposit any portion of

11 those funds into either the highway or transit account of

12 the State Infrastructure Bank: Provided further, That the

13 funds appropriated and deposited into transit accounts au14 thorized by section 350(b)(3) shall be drawn from the Mass

15 Transit account of the Highway Trust Fund and that funds

16 appropriated and deposited into highway accounts author17 ized by section 350(b)(2) shall be drawn from the Highway

18 Trust Fund (other than the Mass Transit Account): Pro19 vided further, That the Secretary shall ensure that the Fed20 eral disbursements shall be at a rate consistent with historic

21 rates for the Federal-aid highways program.

22 Ω39æPage 18, line 18, strike out ø$81,895,000¿ and in23 sert: $80,000,000

24 Ω40æPage 19, line 10, strike out ø$50,377,000¿ and in25 sert: $53,195,000
8

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1 Ω41æPage 19, line 19, strike out ø$167,100,000¿ and in2 sert: $169,100,000

3 Ω42æPage 19, line 25, strike out ø$167,100,000¿ and in4 sert: $169,100,000

5 Ω43æPage 20, line 1, strike out ø$127,700,000¿ and in6 sert: $129,700,000

7 Ω44æPage 20, line 4, strike out ø$11,000,000¿ and insert:

8 $12,000,000

9 Ω45æPage 20, line 6, strike out ø$26,000,000¿ and insert:

10 $25,000,000

11 Ω46æPage 20, line 12, strike out ø$5,268,000¿ and insert:

12 $5,468,000

13 Ω47æPage 21, line 4, strike out ø$16,469,000¿ and insert:

14 $16,739,000

15 Ω48æPage 22, line 16, strike out ø$20,341,000¿ and in16 sert: $20,000,000

17 Ω49æPage 22, after line 17 insert:

18 NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

19 For necessary expenses related to Northeast Corridor

20 improvements authorized by title VII of the Railroad Revi21 talization and Regulatory Reform Act of 1976, as amended
9

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1 (45 U.S.C. 851 et seq.) and 49 U.S.C. 24909, $200,000,000,

2 to remain available until September 30, 1999.

3 Ω50æPage 23, line 13, strike out ø1997.¿ and insert:

4 1997, except for up to $75,000,000 in loan guarantee com5 mitments during such fiscal year (and $4,158,000 is hereby

6 made available for the cost of such loan guarantee commit7 ments).

8 Ω51æPage 23, line 17, strike out ø$19,757,000¿ and in9 sert: $26,525,000

10 Ω52æPage 23, line 21, strike out øtrack and signal¿ and

11 insert: track, signal and station

12 Ω53æPage 24, after line 11 insert:

13 ALASKA RAILROAD REHABILITATION

14 To enable the Secretary of Transportation to make

15 grants to the Alaska Railroad, $10,000,000 shall be for cap16 ital rehabilitation and improvements benefiting its pas17 senger operations.

18 Ω54æPage 24, line 16, strike out ø$4,000,000¿ and insert:

19 $10,000,000

20 Ω55æPage 24, line 24, strike out ø$10,000,000¿ and in21 sert: $16,000,000
10

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1 Ω56æPage 25, strike out all after line 3 over to and includ2 ing line 2 on page 26

3 Ω57æPage 26, line 7, strike out ø$462,000,000¿ and in4 sert: $592,000,000

5 Ω58æPage 26, line 10, strike out ø$120,000,000¿ and in6 sert: $250,000,000

7 Ω59æPage 26, line 24, strike out ø$41,367,000¿ and in8 sert: $42,147,000

9 Ω60æPage 27, line 4, strike out ø$490,000,000¿ and in10 sert: $218,335,000

11 Ω61æPage 27, line 5, strike out ø$2,052,925,000¿ and in12 sert: $2,149,185,000

13 Ω62æPage 27, line 6, after ‘‘That’’ insert: , notwithstand14 ing any other provision of law,

15 Ω63æPage 29, line 9, strike out ø$1,665,000,000¿ and in16 sert: $1,900,000,000

17 Ω64æPage 29, line 11, after ‘‘That’’ insert: notwithstand18 ing any provision of law,

19 Ω65æPage 29, line 12, strike out ø$666,000,000¿ and in20 sert: $725,000,000
11

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1 Ω66æPage 29, line 15, strike out ø$333,000,000¿ and in2 sert: $375,000,000

3 Ω67æPage 29, line 17, strike out ø$10,510,000¿ and in4 sert: $8,890,000

5 Ω68æPage 30, line 5, strike out ø$666,000,000¿ and in6 sert: $800,000,000

7 Ω69æPage 30, after line 7 insert:

8 $6,390,000 for the Alaska-Hollis to Ketchikan

9 ferry project;

10 Ω70æPage 30, line 8, strike out ø$66,820,000¿ and insert:

11 $62,000,000

12 Ω71æPage 30, line 10, strike out ø$10,260,000¿ and in13 sert: $5,000,000

14 Ω72æPage 30, line 12, strike out ø$40,181,000¿ and in15 sert: $30,000,000

16 Ω73æPage 30, after line 13 insert:

17 $2,000,000 for the Burlington-Charlotte, Vermont

18 commuter rail project;

19 Ω74æPage 30, strike out lines 14 and 15

20 Ω75æPage 30, line 16, strike out ø$25,000,000¿ and in21 sert: $20,000,000
12

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1 Ω76æPage 30, line 21, strike out ø$10,000,000¿ and in2 sert: $12,000,000

3 Ω77æPage 30, line 23, strike out ø$12,500,000¿ and in4 sert: $18,000,000

5 Ω78æPage 31, strike out lines 1 and 2

6 Ω79æPage 31, strike out lines 3 and 4

7 Ω80æPage 31, line 5, strike out ø$9,000,000¿ and insert:

8 $20,000,000

9 Ω81æPage 31, strike out line 7

10 Ω82æPage 31, line 8, strike out ø$40,590,000¿ and insert:

11 $24,000,000

12 Ω83æPage 31, after line 9 insert:

13 $7,400,000 for the Jackson, Mississippi Inter14 modal Corridor;

15 Ω84æPage 31, strike out lines 10 and 11

16 Ω85æPage 31, line 12, strike out ø$1,500,000¿ and insert:

17 $3,600,000

18 Ω86æPage 31, after line 13 insert:

19 $6,000,000 for the Little Rock, Arkansas Junc20 tion Bridge project;
13

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1 Ω87æPage 31, line 14, strike out ø$90,000,000¿ and in2 sert: $55,000,000

3 Ω88æPage 31, strike out lines 16 and 17

4 Ω89æPage 31, line 18, strike out ø$27,000,000¿ and in5 sert: $50,000,000

6 Ω90æPage 31, after line 19 insert:

7 $5,000,000 for the Metro-Dade Transit east-west

8 corridor, Florida project;

9 Ω91æPage 31, strike out lines 20 and 21

10 Ω92æPage 31, line 22, strike out ø$2,000,000¿ and insert:

11 $6,400,000

12 Ω93æPage 31, after line 23 insert:

13 $4,240,000 for the Morgantown, West Virginia

14 Personal Rapid Transit System;

15 Ω94æPage 32, strike out lines 3 and 4

16 Ω95æPage 32, line 5, strike out ø$8,000,000¿ and insert:

17 $10,000,000

18 Ω96æPage 32, strike out lines 7 and 8

19 Ω97æPage 32, strike out lines 11 and 12

20 Ω98æPage 32, after line 12 insert:
14

HR 3675 EAS

1 $10,000,000 for the Oklahoma City, MAPS cor2 ridor transit system;

3 Ω99æPage 32, strike out lines 13 and 14

4 Ω100æPage 32, after line 16 insert:

5 $15,100,000 for the Pittsburgh Airport busway

6 project;

7 Ω101æPage 32, after line 16 insert:

8 $6,000,000 for the Portland South/North light

9 rail transit project;

10 Ω102æPage 32, line 17, strike out ø$90,000,000¿ and in11 sert: $138,000,000

12 Ω103æPage 32, after line 18 insert:

13 $5,000,000 for the Research Triangle Park,

14 North Carolina regional transit plan;

15 Ω104æPage 32, line 19, strike out ø$6,000,000¿ and in16 sert: $7,000,000

17 Ω105æPage 32, line 21, strike out ø$20,000,000¿ and in18 sert: $58,000,000

19 Ω106æPage 32, line 22, strike out all after ‘‘project’’ down

20 to and including ‘‘costs’’ in line 24

21 Ω107æPage 32, after line 24 insert:
15

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1 $30,000,000 for St. Louis Metrolink;

2 Ω108æPage 33, line 1, strike out ø$20,000,000¿ and in3 sert: $45,000,000

4 Ω109æPage 33, line 3, strike out ø$35,000,000¿ and in5 sert: $20,000,000

6 Ω110æPage 33, strike out lines 6 and 7

7 Ω111æPage 33, strike out lines 8 and 9

8 Ω112æPage 33, after line 9 insert:

9 $5,000,000 for the Seattle-Renton-Tacoma light

10 rail project;

11 Ω113æPage 33, strike out lines 10 and 11

12 Ω114æPage 33, line 13, strike out øand¿

13 Ω115æPage 33, after line 13 insert:

14 $8,000,000 for the Virginia Rail Express Rich15 mond to Washington commuter rail project; and

16 Ω116æPage 33, line 14, strike out ø$2,500,000¿ and in17 sert: $5,000,000

18 Ω117æPage 33, line 21, strike out ø$2,000,000,000¿ and

19 insert: $2,300,000,000
16

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1 Ω118æPage 34, line 5, strike out ø$200,000,000¿ and in2 sert: $198,510,000

3 Ω119æPage 34, line 24, strike out ø$10,037,000¿ and in4 sert: $10,337,000

5 Ω120æPage 35, line 6, strike out ø$23,929,000¿ and in6 sert: $27,675,000

7 Ω121æPage 35, line 22, strike out ø$30,988,000¿ and in8 sert: $31,278,000

9 Ω122æPage 35, line 25, strike out ø$28,460,000¿ and in10 sert: $28,750,000

11 Ω123æPage 36, line 23, strike out ø$39,450,000¿ and in12 sert: $39,700,000

13 Ω124æPage 36, strike out all after line 23 down to and

14 including ‘‘audits’’ in line 25 and insert: of which

15 $1,900,000 shall be for the conduct of contract audits

16 Ω125æPage 37, line 8, after ‘‘1997:’’ insert: Provided fur17 ther, That none of the funds appropriated in this Act or

18 otherwise made available may be used to increase fees for

19 services in connection with rail maximum rate complaints,

20 pursuant to 49 CFR part 1002, STB Ex Parte No. 542:

21 Ω126æPage 42, line 17, strike out øprogram,¿ and insert:

22 program;
17

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1 Ω127æPage 42, line 18, strike out øprogram, and¿ and

2 insert: program;

3 Ω128æPage 42, line 22, after ‘‘5338’’ insert: ; $5,000,000

4 for activities authorized by section 140(b) of title 23, United

5 States Code; $5,000,000 for activities authorized by section

6 1012(b) of Public Law 102–240; and $50,000,000 of the ob7 ligation limitation established by this Act for Federal-aid

8 highways and highway safety construction: Provided, That

9 $15,000,000 of such undistributed obligation limitation

10 shall be available for administrative costs and allocation

11 to States under section 104(I) of title 23, United States

12 Code; $30,000,000 shall be available for allocation to States

13 authorized by section 1069(y) of Public Law 102–240; and

14 $15,000,000 shall be available for administrative costs and

15 allocation to States under section 1302(d) of the Symms

16 National Recreational Trails Act of 1991

17 Ω129æPage 42, line 22, strike out øProvided,¿ and insert:

18 Provided further,

19 Ω130æPage 44, after line 4 insert:

20 (g) INCREASE IN ADMINISTRATIVE TAKEDOWN.—

21 (1) IN GENERAL.—Notwithstanding any other

22 provision of law, for fiscal year 1997 only, whenever

23 an allocation is made of the sums authorized to be

24 appropriated for expenditure on the Federal lands
18

HR 3675 EAS

1 highways program, and whenever an apportionment

2 is made of the sums authorized to be appropriated for

3 expenditure on the surface transportation program,

4 the congestion mitigation and air quality improve5 ment program, the National Highway System, the

6 Interstate maintenance program, the Interstate reim7 bursement program, the highway bridge replacement

8 and rehabilitation program, and the donor State

9 bonus program, the Secretary of Transportation shall

deduct a sum in such amount not to exceed 43 10 ⁄4 per

11 centum of all sums to be authorized as the Secretary

12 may determine necessary for administering the provi13 sions of law to be financed from appropriations for

14 the Federal-Aid Highway Program and for carrying

15 on the research authorized by subsections (a) and (b)

16 of section 307 of title 23, United States Code. In mak17 ing such determination, the Secretary shall take into

18 account the unobligated balance of any sums deducted

19 for such purposes in prior years. The sum so deducted

20 shall remain available until expended.

21 (2) EFFECT.—Any deduction by the Secretary of

22 Transportation in accordance with this Act shall be

23 deemed to be a deduction under 23 U.S.C. § 104(a).

24 Ω131æPage 48, strike out lines 1 through 8
19

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1 Ω132æPage 48, line 12, after ‘‘Colorado’’ insert: : Pro2 vided, That this provision shall not apply in any case where

3 the Administrator of the Federal Aviation Administration

4 determines, in writing, that safety conditions warrant obli5 gation of such funds

6 Ω133æPage 48, line 22, strike out all after ‘‘further,’’ over

7 to and including ‘‘collections’’ in line 3 on page 49 and

8 insert: That of the funds provided by section 6006(b) of

9 Public Law 102–240, not to exceed $3,100,000 may be in10 curred to conduct activities related to airline statistics

11 Ω134æPage 51, strike out lines 3 through 5

12 Ω135æPage 51, line 6, strike out ø$850,000¿ and insert:

13 $1,050,000

14 Ω136æPage 51, strike out lines 17 through 19

15 Ω137æPage 51, after line 19 insert:

16 SEC. 333. Section 24902 of title 49, United States

17 Code, is amended by adding at the end the following new

18 subsection:

19 ‘‘(m) APPLICABLE PROCEDURES.—No State or local

20 building, zoning, subdivision, or similar or related law, nor

21 any other State or local law from which a project would

22 be exempt if undertaken by the Federal Government or an

23 agency thereof within a Federal enclave wherein Federal ju-
20

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1 risdiction is exclusive, including without limitation with

2 respect to all such laws referenced herein above requirements

3 for permits, actions, approvals or filings, shall apply in

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

5 financing, leasing, conveying, mortgaging or enforcing a

6 mortgage of (i) any improvement undertaken by or for the

7 benefit of Amtrak as part of, or in furtherance of, the North8 east Corridor Improvement Project (including without limi9 tation maintenance, service, inspection or similar facilities

10 acquired, constructed or used for high speed trainsets) or

11 chapter 241, 243, or 247 of this title or (ii) any land (and

12 right, title or interest created with respect thereto) on which

13 such improvement is located and adjoining, surrounding or

14 any related land. These exemptions shall remain in effect

15 and be applicable with respect to such land and improve16 ments for the benefit of any mortgagee before, upon and

17 after coming into possession of such improvements or land,

18 any third party purchasers thereof in foreclosure (or

19 through a deed in lieu of foreclosure), and their respective

20 successors and assigns, in each case to the extent the land

21 or improvements are used, or held for use, for railroad pur22 poses or purposes accessory thereto. This subsection (m)

23 shall not apply to any improvement or related land unless

24 Amtrak receives a Federal operating subsidy in the fiscal
21

HR 3675 EAS

1 year in which Amtrak commits to or initiates such im2 provement.’’.

3 Ω138æPage 52, after line 11 insert:

4 SEC. 335a. Section 3035(b) of Public Law 102–240 is

5 hereby amended by striking ‘‘$515,000,000’’ and inserting

6 in lieu thereof ‘‘$555,000,000’’.

7 Ω139æPage 52, strike out lines 21 through 25

8 Ω140æPage 53, strike out lines 1 through 4

9 Ω141æPage 53, after line 4 insert:

10 SEC. 338. Of the amounts made available under the

11 Federal Transit Administration’s Discretionary Grants

12 program for Kauai, Hawaii, in Public Law 103–122 and

13 Public Law 103–331, $3,250,000 shall be transferred to and

14 administered in accordance with 49 U.S.C. 5311 and made

15 available to Kauai, Hawaii.

16 Ω142æPage 53, strike out lines 5 through 7

17 Ω143æPage 53, after line 7 insert:

18 SEC. 339. Improvements identified as highest priority

19 by section 1069(t) of Public Law 102–240 and funded pur20 suant to section 118(c)(2) of title 23, United States Code,

21 shall not be treated as an allocation for Interstate mainte22 nance for such fiscal year under section 157(a)(4) of title

23 23, United States Code, and sections 1013(c), 1015(a)(1),
22

HR 3675 EAS

1 and 1015(b)(1) of Public Law 102–240: Provided, That any

2 discretionary grant made pursuant to Public Law 99–663

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

4 Ω144æPage 54, after line 16 insert:

5 SEC. 341. Notwithstanding any other provision of law,

6 receipts, in amounts determined by the Secretary, collected

7 from users of fitness centers operated by or for the Depart8 ment of Transportation shall be available to support the

9 operation and maintenance of those facilities.

10 Ω145æPage 54, after line 16 insert:

11 SEC. 342. None of the funds made available in this

12 Act may be used by the National Transportation Safety

13 Board to plan, conduct, or enter into any contract for a

14 study to determine the feasibility of allowing individuals

15 who are more than 60 years of age to pilot commercial air16 craft.

17 Ω146æPage 54, after line 16 insert:

18 SEC. 343. Funds provided in this Act for bonuses and

19 cash awards for employees of the Department of Transpor20 tation shall be reduced by $513,604 which limits fiscal year

21 1997 obligation authority to no more than $25,448,300:

22 Provided, That this provision shall be applied to funds for

23 Senior Executive Service bonuses, merit pay, and other bo24 nuses and cash awards.
23

HR 3675 EAS

1 Ω147æPage 54, after line 16 insert:

2 SEC. 344. Hereinafter, the National Passenger Rail3 road Corporation shall be exempted from any State or local

4 law relating to the payment or delivery of abandoned or

5 unclaimed personal property to any government authority,

6 including any provision for the enforcement thereof, with

7 respect to passenger rail tickets for which no refund has

8 been or may be claimed, and such law shall not apply to

9 funds held by Amtrak as a result of the purchase of tickets

10 after April 30, 1972 for which no refund has been claimed.

11 Ω148æPage 54, after line 16 insert:

12 SEC. 345. Notwithstanding any other provision in law,

13 of the amounts made available under the Federal Aviation

14 Administration’s operations account, the FAA shall provide

15 personnel at Dutch Harbor, Alaska to provide real-time

16 weather and runway observation and other such functions

17 to help ensure the safety of aviation operations.

18 Ω149æPage 54, after line 16 insert:

19 SEC. 346. DEPARTMENT OF TRANSPORTATION VOLUNTARY

20 SEPARATION INCENTIVE PAYMENTS.

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

22 (1) the term ‘‘agency’’ means the following agen23 cies of the Department of Transportation:

24 (A) the United States Coast Guard;
24

HR 3675 EAS

1 (B) the Research and Special Programs Ad2 ministration;

3 (C) the St. Lawrence Seaway Development

4 Corporation;

5 (D) the Office of the Secretary;

6 (E) the Federal Railroad Administration;

7 and

8 (F) any other agency of the Department

9 with respect to employees of such agency in posi10 tions targeted for reduction under the National

11 Performance Review;

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

13 defined by section 2105 of title 5, United States Code)

14 who is employed by the agency serving under an ap15 pointment without time limitation, and has been cur16 rently employed for a continuous period of at least 3

17 years, but does not include—

18 (A) a reemployed annuitant under sub19 chapter III of chapter 83 or chapter 84 of title

20 5, United States Code, or another retirement sys21 tem for employees of the agency;

22 (B) an employee having a disability on the

23 basis of which such employee is or would be eli24 gible for disability retirement under the applica-
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1 ble retirement system referred to in subpara2 graph (A);

3 (C) an employee who is in receipt of a spe4 cific notice of involuntary separation for mis5 conduct or unacceptable performance;

6 (D) an employee who, upon completing an

7 additional period of service as referred to in sec8 tion 3(b)(2)(B)(ii) of the Federal Workforce Re9 structuring Act of 1994 (5 U.S.C. 5597 note),

10 would qualify for a voluntary separation incen11 tive payment under section 3 of such Act;

12 (E) an employee who has previously re13 ceived any voluntary separation incentive pay14 ment by the Federal Government under this sec15 tion or any other authority and has not repaid

16 such payment;

17 (F) an employee covered by statutory reem18 ployment rights who is on transfer to another or19 ganization; or

20 (G) any employee who, during the twenty

21 four month period preceding the date of separa22 tion, has received a recruitment or relocation

23 bonus under section 5753 of title 5, United

24 States Code, or who, within the twelve month pe25 riod preceding the date of separation, received a
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1 retention allowance under section 5754 of title 5,

2 United States Code.

3 (b) AGENCY STRATEGIC PLAN.—

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

5 to obligating any resources for voluntary separation

6 incentive payments, shall submit to the House and

7 Senate Committees on Appropriations and the Com8 mittee on Governmental Affairs of the Senate and the

9 Committee on Government Reform and Oversight of

10 the House of Representatives a strategic plan outlin11 ing the intended use of such incentive payments and

12 a proposed organizational chart for the agency once

13 such incentive payments have been completed.

14 (2) CONTENTS.—The agency’s plan shall in15 clude—

16 (A) the positions and functions to be re17 duced or eliminated, identified by organizational

18 unit, geographic location, occupational category

19 and grade level;

20 (B) the number and amounts of voluntary

21 separation incentive payments to be offered; and

22 (C) a description of how the agency will op23 erate without the eliminated positions and func24 tions.
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1 (c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION

2 INCENTIVE PAYMENTS.—

3 (1) IN GENERAL.—A voluntary separation incen4 tive payment under this section may be paid by an

5 agency to any employee only to the extent necessary

6 to eliminate the positions and functions identified by

7 the strategic plan.

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

9 voluntary separation incentive payment—

10 (A) shall be paid in a lump sum after the

11 employee’s separation;

12 (B) shall be paid from appropriations or

13 funds available for the payment of the basic pay

14 of the employees;

15 (C) shall be equal to the lesser of—

16 (i) an amount equal to the amount the

17 employee would be entitled to receive under

18 section 5595(c) of title 5, United States

19 Code; or

20 (ii) an amount determined by an agen21 cy head not to exceed $25,000 in fiscal year

22 1997, $20,000 in fiscal year 1998, $15,000

23 in fiscal year 1999, or $10,000 in fiscal

24 year 2000;
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1 (D) shall not be a basis for payment, and

2 shall not be included in the computation, of any

3 other type of Government benefit; and

4 (E) shall not be taken into account in deter5 mining the amount of any severance pay to

6 which the employee may be entitled under section

7 5595 of title 5, United States Code, based on any

8 other separation.

9 (3) LIMITATION.—No amount shall be payable

10 under this section based on any separation occurring

11 before the date of the enactment of this Act, or after

12 September 30, 2000.

13 (d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RE14 TIREMENT FUND.—

15 (1) IN GENERAL.—In addition to any other pay16 ments which it is required to make under subchapter

17 III of chapter 83 of title 5, United States Code, an

18 agency shall remit to the Office of Personnel Manage19 ment for deposit in the Treasury of the United States

20 to the credit of the Civil Service Retirement and Dis21 ability Fund an amount equal to 15 percent of the

22 final basic pay of each employee of the agency who

23 is covered under subchapter III of chapter 83 or chap24 ter 84 of title 5, United States Code, to whom a vol-
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1 untary separation incentive has been paid under this

2 section.

3 (2) DEFINITION.—For the purpose of paragraph

4 (1), the term ‘‘final basic pay’’, with respect to an

5 employee, means the total amount of basic pay which

6 would be payable for a year of service by such em7 ployee, computed using the employee’s final rate of

8 basic pay, and, if last serving on other than a full9 time basis, with appropriate adjustment therefor.

10 (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE

11 GOVERNMENT.—An individual who has received a vol12 untary separation incentive payment under this section

13 and accepts any employment for compensation with the

14 Government of the United States, or who works for any

15 agency of the United States Government through a personal

16 services contract, within 5 years after the date of the separa17 tion on which the payment is based shall be required to

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

19 entire amount of the incentive payment to the agency that

20 paid the incentive payment.

21 (f) REDUCTION OF AGENCY EMPLOYMENT LEVELS.—

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

23 employee positions in an agency shall be reduced by

24 one position for each vacancy created by the separa25 tion of any employee who has received, or is due to
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1 receive, a voluntary separation incentive payment

2 under this section. For the purposes of this subsection,

3 positions shall be counted on a full-time-equivalent

4 basis.

5 (2) ENFORCEMENT.—The President, through the

6 Office of Management and Budget, shall monitor each

7 agency and take any action necessary to ensure that

8 the requirements of this subsection are met.

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

10 October 1, 1996.

11 Ω150æPage 54, after line 16 insert:

12 SEC. 347. (a) REVIEW OF REPORTING OF EXCISE TAX

13 DATA.—Prior to September 30, 1996, the Secretary of the

14 Treasury and the Secretary of Transportation shall conduct

15 a review of the reporting of excise tax data by the Depart16 ment of the Treasury to the Department of Transportation

17 for fiscal year 1994 and its impact on the allocation of Fed18 eral aid highways. If the President certifies that all of the

19 following conditions are met:

20 (1) A significant error was made by the Treas21 ury in its estimate of Highway Trust Fund revenues

22 collected in fiscal year 1994.

23 (2) The error is fundamentally different from er24 rors routinely made in such estimates in the past.
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1 (3) The error is significant enough to justify the

2 fiscal year 1997 apportionments and allocations of

3 Highway Trust Funds be adjusted; and finds that the

4 provision in subsection (b) corrects these deficiencies,

5 then subsection (b) will be operative.

6 (b) CALCULATION OF FEDERAL-AID HIGHWAY APPOR7 TIONMENTS AND ALLOCATIONS.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), for fiscal year 1997, the Secretary of

10 Transportation shall determine the Federal-aid high11 way apportionments and allocations to a State with12 out regard to the approximately $1,596,000,000 credit

13 to the Highway Trust Fund (other than the Mass

14 Transit Account) of estimated taxes paid by States

15 that was made by the Secretary of the Treasury for

16 fiscal year 1995 in correction of an accounting error

17 made in fiscal year 1994.

18 (2) ADJUSTMENTS FOR EFFECTS IN 1996.—The

19 Secretary of Transportation shall, for each State—

20 (A) determine whether the State would have

21 been apportioned and allocated an increased or

22 decreased amount for Federal-aid highways for

23 fiscal year 1996 if the accounting error referred

24 to in paragraph (1) had not been made (which

25 determination shall take into account the effects
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1 of section 1003(c) of the Intermodal Surface

2 Transportation Efficiency Act of 1991 (Public

3 Law 102–240; 105 Stat. 1921)); and

4 (B) after apportionments and allocations

5 are determined in accordance with paragraph

6 (1)—

7 (i) adjust the amount apportioned and

8 allocated to the State for Federal-aid high9 ways for fiscal year 1997 by the amount of

10 the increase or decrease; and

11 (ii) adjust accordingly the obligation

12 limitation for Federal-aid highways distrib13 uted to the State under this Act.

14 (3) NO EFFECT ON 1996 DISTRIBUTIONS.—Noth15 ing in this section shall affect any apportionment, al16 location, or distribution of obligation limitation, or

17 reduction thereof, to a State for Federal-aid highways

18 for fiscal year 1996.

19 (4) EFFECTIVE DATE.—This section shall take ef20 fect on September 30, 1996.

21 Ω151æPage 54, after line 16 insert:

22 SEC. 348. It is the sense of the Senate that Congress

23 should actively consider legislation to establish the Saint

24 Lawrence Seaway Development Corporation as a perform-
33

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1 ance-based organization on a pilot basis beginning in fiscal

2 year 1998.

3 Ω152æPage 54, after line 16 insert:

4 SEC. 349. FEDERAL AVIATION ADMINISTRATION PROCURE5 MENT.

6 (a) SENSE OF THE CONGRESS.—It is the sense of the

7 Congress that the Administrator of the Federal Aviation

8 Administration should promote and encourage the use of

9 full and open competition as the preferred method of pro10 curement for the Federal Aviation Administration.

11 (b) INDEPENDENT ASSESSMENT.—Not later than De12 cember 31, 1997, the Administrator of the Federal Aviation

13 Administration shall—

14 (1) take such action as may be necessary to pro15 vide for an independent assessment of the acquisition

16 management system of the Federal Aviation Adminis17 tration that includes a review of any efforts of the Ad18 ministrator in promoting and encouraging the use of

19 full and open competition as the preferred method of

20 procurement with respect to any contract that in21 volves an amount greater than $50,000,000; and

22 (2) submit to the Congress a report on the find23 ings of that independent assessment.

24 (c) FULL AND OPEN COMPETITION DEFINED.—For

25 purposes of this section, the term ‘‘full and open competi-
34

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1 tion’’ has the meaning provided that term in section 4(6)

2 of the Office of Federal Procurement Policy Act (41 U.S.C.

3 403(6)).

4 Ω153æPage 54, after line 16 insert:

5 SEC. 350. 49 U.S.C. App. 2311 is amended by adding

6 the following new subsection:

7 ‘‘(D) NEBRASKA.—In addition to vehicles

8 which the State of Nebraska may continue to

9 allow to be operated under paragraphs (1)(a)

10 and (1)(B) of this section, the State of Nebraska

11 may allow longer combination vehicles that were

12 not in actual operation on June 1, 1991 to be

13 operated within its boundaries to transport

14 sugar beets from the field where such sugar beets

15 are harvested to storage, market, factory or stock16 pile or from stockpile to storage, market or fac17 tory. This provision shall expire on September

18 30, 1997.’’.

19 Ω154æPage 54, after line 16 insert:

20 SEC. 351. (a) Section 120(c) of title 23, United States

21 Code, is amended by inserting ‘‘rail-highway crossing clo22 sure,’’ after ‘‘carpooling and vanpooling,’’.

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

24 the end the following:
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1 ‘‘(i) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING

2 CLOSURES.—

3 ‘‘(1) IN GENERAL.—Notwithstanding any other

4 provision of this section and subject to paragraphs (2)

5 and (3), a State may, from sums available to the

6 State under this section, make incentive payments to

7 local governments in the State upon the permanent

8 closure by such governments of public at-grade rail9 way-highway crossings under the jurisdiction of such

10 governments.

11 ‘‘(2) INCENTIVE PAYMENTS BY RAILROADS.—A

12 State may not make an incentive payment under

13 paragraph (1) to a local government with respect to

14 the closure of a crossing unless the railroad owning

15 the tracks on which the crossing is located makes an

16 incentive payment to the government with respect to

17 the closure.

18 ‘‘(3) AMOUNT OF STATE PAYMENT.—The amount

19 of the incentive payment payable to a local govern20 ment by a State under paragraph (1) with respect to

21 a crossing may not exceed the lesser of—

22 ‘‘(A) the amount of the incentive payment

23 paid to the government with respect to the cross24 ing by the railroad concerned under paragraph

25 (2); or
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HR 3675 EAS

1 ‘‘(B) $7,500.

2 ‘‘(4) USE OF STATE PAYMENTS.—A local govern3 ment receiving an incentive payment from a State

4 under paragraph (1) shall use the amount of the in5 centive payment for transportation safety improve6 ments.’’.

7 Ω155æPage 54, after line 16 insert:

8 SEC. 352. LIMITATION ON FUNDS USED TO ENFORCE REGU9 LATIONS REGARDING ANIMAL FATS AND VEG10 ETABLE OILS.

11 None of the funds made available in this Act may be

12 used by the Coast Guard to issue, implement, or enforce

13 a regulation or to establish an interpretation or guideline

14 under the Edible Oil Regulatory Reform Act (Public Law

15 104–55) or the amendments made by that Act that does not

16 recognize and provide for, with respect to fats, oils, and

17 greases (as described in that Act or the amendments made

18 by that Act) differences in—

19 (1) physical, chemical, biological, and other rel20 evant properties; and

21 (2) environmental effects.

22 Ω156æPage 54, after line 16 insert:

23 SEC. 353. (a) In cases where an emergency ocean con24 dition causes erosion of a bank protecting a scenic highway

25 or byway, fiscal year 1996 or fiscal year 1997 Federal
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1 Highway Administration Emergency Relief funds can be

2 used to halt the erosion and stabilize the bank if such action

3 is necessary to protect the highway from imminent failure

4 and is less expensive than highway relocation.

5 (b) In cases where an emergency condition causes in6 undation of a roadway or saturation of the subgrade with

7 further erosion due to abnormal freeze/thaw cycles and dam8 age caused by traffic, fiscal year 1996 or fiscal year 1997

9 Federal Highway Administration Emergency Relief funds

10 can be used to repair such roadway.

11 (c) Not more than $8,000,000 in Federal Highway Ad12 ministration Emergency Relief funds may be used for each

13 of the conditions referenced in subsections (a) and (b).

14 Ω157æPage 54, after line 16 insert:

15 SEC. 354. THE RAILROAD SAFETY INSTITUTE.

16 Of the money available to the Federal Rail Adminis17 tration up to $500,000 shall be made available to establish

18 and operate the Institute for Railroad Safety as authorized

19 by the Swift Rail Development Act of 1994.

20 Ω158æPage 54, after line 16 insert:

21 SEC. 355. TRAIN WHISTLE REQUIREMENTS.

22 No funds shall be made available to implement the reg23 ulations issued under section 20153(b) of title 49, United

24 States Code, requiring audible warnings to be sounded by

25 a locomotive horn at highway-rail grade crossings, unless—
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1 (1) in implementing the regulations or providing

2 an exception to the regulations under section 20153(c)

3 of such title, the Secretary of Transportation takes

4 into account, among other criteria—

5 (A) the interests of the communities that

6 have in effect restrictions on the sounding of a

7 locomotive horn at highway-rail grade crossings

8 as of July 30, 1996; and

9 (B) the past safety record at each grade

10 crossing involved; and

11 (2) whenever the Secretary determines that sup12 plementary safety measures (as that term is defined

13 in section 20153(a) of title 49, United States Code)

14 are necessary to provide an exception referred to in

15 paragraph (1), the Secretary—

16 (A) having considered the extent to which

17 local communities have established public aware18 ness initiatives and highway-rail crossing traffic

19 law enforcement programs allows for a period of

20 not to exceed 3 years, beginning on the date of

21 that determination, for the installation of those

22 measures; and

23 (B) works in partnership with affected com24 munities to provide technical assistance and to
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1 develop a reasonable schedule for the installation

2 of those measures.

3 Ω159æPage 54, after line 16 insert:

4 SEC. 356. No funds appropriated under this Act shall

5 be used to levy penalties prior to September 1, 1997, on

6 the States of Maine or New Hampshire based on non-com7 pliance with Federal vehicle weight limitations.

8 Ω160æPage 54, strike out all after line 18 over to and

9 including line 2 on page 55

10 Ω161æPage 55, strike out lines 3 through 9

11 Ω162æPage 55, strike out lines 10 through 19

12 Ω163æPage 55, after line 19 insert:

13 SEC. 403. The funds authorized to be appropriated for

14 highway-railroad grade crossing separations in Mineola,

15 New York, under the head ‘‘Highway-Railroad Grade Cross16 ing Safety Demonstration Project (Highway Trust Fund)’’

17 in House Report 99–976 and section 302(l) of Public Law

18 99–591 are hereby also authorized to be appropriated for

19 other grade crossing improvements in Nassau and Suffolk

20 Counties in New York and shall be available in accordance

21 with the terms of the original authoriziaton in House Re22 port 99–976.

23 Ω164æPage 56, strike out lines 18 through 21
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1 Ω165æPage 56, after line 21 insert:

2 SEC. 405. The amount appropriated for the Lake

3 Shore Drive extension study, Whiting, Indiana, under the

4 matter under the heading ‘‘SURFACE TRANSPORTATION

5 PROJECTS’’ under the heading ‘‘FEDERAL HIGHWAY

6 ADMINISTRATION’’ in title I of the Department of

7 Transportation and Related Agencies Appropriations Act,

8 1995 (Public Law 103–331; 108 Stat. 2478), shall be made

9 available to carry out the congestion relief project for the

10 construction of a 4-lane road and overpass at Merrillville,

11 Indiana, authorized by item 35 of section 1104(b) of the

12 Intermodal Surface Transportation Efficiency Act of 1991

13 (Public Law 102–240; 105 Stat. 2030).

14 Ω166æPage 56, after line 21 insert:

15 SEC. 406. HIGHWAY SAFETY IMPROVEMENT PROJECT,

16 MICHIGAN.

17 Of the amount appropriated for the highway safety

18 improvement project, Michigan, under the matter under the

19 heading ‘‘SURFACE TRANSPORTATION PROJECTS’’ under the

20 heading ‘‘FEDERAL HIGHWAY ADMINISTRATION’’ in

21 title I of the Department of Transportation and Related

22 Agencies Appropriations Act, 1995 (Public Law 103–331;

23 108 Stat. 2478), for the purposes of right-of-way acquisition

24 for Baldwin Road, and engineering, right-of-way acquisi25 tion, and construction between Walton Boulevard and Dixie
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1 Highway, $2,000,000 shall be made available for construc2 tion of Baldwin Road.

3 Ω167æPage 56, after line 21 insert:

4 SEC. 407. TRANSFER OF FUNDS AMONG MINNESOTA HIGH5 WAY PROJECTS.

6 (a) IN GENERAL.—Such portions of the amounts ap7 propriated for the Minnesota highway projects described in

8 subsection (b) that have not been obligated as of December

9 31, 1996, may, at the option of the Minnesota Department

10 of Transportation, be made available to carry out the 34th

11 Street Corridor Project in Moorhead, Minnesota, authorized

12 by section 149(a)(5)(A)(iii) of the Surface Transportation

13 and Uniform Relocation Assistance Act of 1987 (Public

14 Law 100–17; 101 Stat. 181) (as amended by section 340(a)

15 of the National Highway System Designation Act of 1995

16 (Public Law 104–59; 109 Stat. 607)).

17 (b) PROJECTS.—The Minnesota highway projects de18 scribed in this subsection are—

19 (1) the project for Saint Louis County author20 ized by section 149(a)(76) of the Surface Transpor21 tation and Uniform Relocation Assistance Act of 1987

22 (Public Law 100–17; 101 Stat. 192); and

23 (2) the project for Nicollet County authorized by

24 item 159 of section 1107(b) of the Intermodal Surface
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1 Transportation Efficiency Act of 1991 (Public Law

2 102–240; 105 Stat. 2056).

3 Ω168æPage 56, strike out line 22

4 Ω169æPage 56, strike out all after line 22 over to and

5 including line 25 on page 57

6 Ω170æPage 58, strike out lines 1 through 6

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 3675

AMENDMENTS
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