104TH CONGRESS

2D SESSION H. R. 3675

AN ACT

Making appropriations for the Department of

purposes.year ending September 30, 1997, and for otherTransportation and related agencies for the fiscal
104TH CONGRESS

2D SESSION H. R. 3675

AN ACT

Making appropriations for the Department of Transportation

and related agencies for the fiscal year ending September

30, 1997, and for other purposes.

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

3 That the following sums are appropriated, out of any
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1 money in the Treasury not otherwise appropriated, for the

2 Department of Transportation and related agencies for

3 the fiscal year ending September 30, 1997, and for other

4 purposes, namely:

5 TITLE I

6 DEPARTMENT OF TRANSPORTATION

7 OFFICE OF THE SECRETARY

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of the Secretary,

10 $53,816,000, of which not to exceed $40,000 shall be

11 available as the Secretary may determine for allocation

12 within the Department for official reception and represen13 tation expenses: Provided, That notwithstanding any other

14 provision of law, there may be credited to this appropria15 tion up to $1,000,000 in funds received in user fees estab16 lished to support the electronic tariff filing system: Pro17 vided further, That none of the funds appropriated in this

18 Act or otherwise made available may be used to maintain

19 custody of airline tariffs that are already available for pub20 lic and departmental access at no cost; to secure them

21 against detection, alteration, or tampering; and open to

22 inspection by the Department.

23 OFFICE OF CIVIL RIGHTS

24 For necessary expenses of the Office of Civil Rights,

25 $5,574,000.
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1 TRANSPORTATION PLANNING, RESEARCH, AND

2 DEVELOPMENT

3 For necessary expenses for conducting transportation

4 planning, research, systems development, and development

5 activities, to remain available until expended, $3,000,000.

6 TRANSPORTATION ADMINISTRATIVE SERVICE CENTER

7 Necessary expenses for operating costs and capital

8 outlays of the Transportation Administrative Service Cen9 ter, not to exceed $124,812,000, shall be paid from appro10 priations made available to the Department of Transpor11 tation: Provided, That such services shall be provided on

12 a competitive basis to entities within the Department of

13 Transportation: Provided further, That the above limita14 tion on operating expenses shall not apply to non-DOT

15 entities: Provided further, That no funds appropriated in

16 this Act to an agency of the Department shall be trans17 ferred to the Transportation Administrative Service Cen18 ter without the approval of the agency modal adminis19 trator: Provided further, That no assessments may be lev20 ied against any program, budget activity, subactivity or

21 project funded by this Act unless notice of such assess22 ments and the basis therefor are presented to the House

23 and Senate Committees on Appropriations and are ap24 proved by such Committees.
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1 PAYMENTS TO AIR CARRIERS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (AIRPORT AND AIRWAY TRUST FUND)

4 (INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

5 For liquidation of obligations incurred for payments

6 to air carriers of so much of the compensation fixed and

7 determined under subchapter II of chapter 417 of title 49,

8 United States Code, as is payable by the Department of

9 Transportation, $10,000,000, to remain available until ex10 pended and to be derived from the Airport and Airway

11 Trust Fund: Provided, That none of the funds in this Act

12 shall be available for the implementation or execution of

13 programs in excess of $10,000,000 for the Payments to

14 Air Carriers program in fiscal year 1997: Provided further,

15 That none of the funds in this Act shall be used by the

16 Secretary of Transportation to make payment of com17 pensation under subchapter II of chapter 417 of title 49,

18 United States Code, in excess of the appropriation in this

19 Act for liquidation of obligations incurred under the ‘‘Pay20 ments to air carriers’’ program: Provided further, That

21 none of the funds in this Act shall be used for the payment

22 of claims for such compensation except in accordance with

23 this provision: Provided further, That none of the funds

24 in this Act shall be available for service to communities

25 in the forty-eight contiguous States that are located fewer

26 than seventy highway miles from the nearest large or me-
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1 dium hub airport, or that require a rate of subsidy per

2 passenger in excess of $200 unless such point is greater

3 than two hundred and ten miles from the nearest large

4 or medium hub airport: Provided further, That of funds

5 provided for ‘‘Small Community Air Service’’ by Public

6 Law 101–508, $28,600,000 in fiscal year 1997 is hereby

7 rescinded.

8 PAYMENTS TO AIR CARRIERS

9 (RESCISSION)

10 Of the budgetary resources remaining available under

11 this heading, $1,133,000 are rescinded.

12 RENTAL PAYMENTS

13 For necessary expenses for rental of headquarters

14 and field space not to exceed 8,580,000 square feet and

15 for related services assessed by the General Services Ad16 ministration, $127,447,000: Provided, That of this

17 amount, $2,022,000 shall be derived from the Highway

18 Trust Fund, $39,113,000 shall be derived from the Air19 port and Airway Trust Fund, $840,000 shall be derived

20 from the Pipeline Safety Fund, and $193,000 shall be de21 rived from the Harbor Maintenance Trust Fund: Provided

22 further, That in addition, for assessments by the General

23 Services Administration related to the space needs of the

24 Federal Highway Administration, $17,294,000, to be de-
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1 rived from ‘‘Federal-aid Highways’’, subject to the ‘‘Limi2 tation on General Operating Expenses’’.

3 MINORITY BUSINESS RESOURCE CENTER PROGRAM

4 For the cost of direct loans, $1,500,000, as author5 ized by 49 U.S.C. 332: Provided, That such costs, includ6 ing the cost of modifying such loans, shall be as defined

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

8 Provided further, That these funds are available to sub9 sidize gross obligations for the principal amount of direct

10 loans not to exceed $15,000,000. In addition, for adminis11 trative expenses to carry out the direct loan program,

12 $400,000.

13 MINORITY BUSINESS OUTREACH

14 For necessary expenses of the Minority Business Re15 source Center outreach activities, $2,900,000, of which

16 $2,635,000 shall remain available until September 30,

17 1998: Provided, That notwithstanding 49 U.S.C. 332,

18 these funds may be used for business opportunities related

19 to any mode of transportation.

20 COAST GUARD

21 OPERATING EXPENSES

22 For necessary expenses for the operation and mainte23 nance of the Coast Guard, not otherwise provided for; pur24 chase of not to exceed five passenger motor vehicles for

25 replacement only; payments pursuant to section 156 of
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1 Public Law 97–377, as amended (42 U.S.C. 402 note),

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

3 429(b)); and recreation and welfare; $2,609,100,000, of

4 which $25,000,000 shall be derived from the Oil Spill Li5 ability Trust Fund: Provided, That the number of aircraft

6 on hand at any one time shall not exceed two hundred

7 and eighteen, exclusive of aircraft and parts stored to meet

8 future attrition: Provided further, That none of the funds

9 appropriated in this or any other Act shall be available

10 for pay or administrative expenses in connection with ship11 ping commissioners in the United States: Provided further,

12 That none of the funds provided in this Act shall be avail13 able for expenses incurred for yacht documentation under

14 46 U.S.C. 12109, except to the extent fees are collected

15 from yacht owners and credited to this appropriation: Pro16 vided further, That the Commandant shall reduce both

17 military and civilian employment levels for the purpose of

18 complying with Executive Order No. 12839.

19 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

20 For necessary expenses of acquisition, construction,

21 renovation, and improvement of aids to navigation, shore

22 facilities, vessels, and aircraft, including equipment related

23 thereto, $358,000,000, of which $20,000,000 shall be de24 rived from the Oil Spill Liability Trust Fund; of which

25 $205,600,000 shall be available to acquire, repair, ren-
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1 ovate or improve vessels, small boats and related equip2 ment, to remain available until September 30, 2001;

3 $18,300,000 shall be available to acquire new aircraft and

4 increase aviation capability, to remain available until Sep5 tember 30, 1999; $39,900,000 shall be available for other

6 equipment, to remain available until September 30, 1999;

7 $47,950,000 shall be available for shore facilities and aids

8 to navigation facilities, to remain available until Septem9 ber 30, 1999; and $46,250,000 shall remain available for

10 personnel compensation and benefits and related costs, to

11 remain available until September 30, 1998: Provided,

12 That funds received from the sale of the VC–11A and

13 HU–25 aircraft shall be credited to this appropriation for

14 the purpose of acquiring new aircraft and increasing avia15 tion capacity: Provided further, That the Commandant

16 may dispose of surplus real property by sale or lease and

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

18 appropriation: Provided further, That the property in

19 Wildwood, New Jersey shall be disposed of in a manner

20 resulting in a final fiscal year 1997 appropriation esti21 mated at $338,000,000: Provided further, That none of

22 the funds in this Act may be obligated or expended to con23 tinue the ‘‘Vessel Traffic Service 2000’’ Program.
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1 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

2 (RESCISSIONS)

3 Of the available balances under this heading provided

4 in Public Law 104–50, $3,400,000 are rescinded.

5 Of the available balances under this heading provided

6 in Public Law 103–331, $355,000 are rescinded.

7 ENVIRONMENTAL COMPLIANCE AND RESTORATION

8 For necessary expenses to carry out the Coast

9 Guard’s environmental compliance and restoration func10 tions under chapter 19 of title 14, United States Code,

11 $21,000,000, to remain available until expended.

12 ALTERATION OF BRIDGES

13 For necessary expenses for alteration or removal of

14 obstructive bridges, $16,000,000, to remain available until

15 expended.

16 RETIRED PAY

17 For retired pay, including the payment of obligations

18 therefor otherwise chargeable to lapsed appropriations for

19 this purpose, and payments under the Retired Service20 man’s Family Protection and Survivor Benefits Plans, and

21 for payments for medical care of retired personnel and

22 their dependents under the Dependents Medical Care Act

23 (10 U.S.C. ch. 55) $608,084,000.
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1 RESERVE TRAINING

2 For all necessary expenses for the Coast Guard Re3 serve, as authorized by law; maintenance and operation

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

5 $65,890,000.

6 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

7 For necessary expenses, not otherwise provided for,

8 for applied scientific research, development, test, and eval9 uation; maintenance, rehabilitation, lease and operation of

10 facilities and equipment, as authorized by law,

11 $19,000,000, to remain available until expended, of which

12 $5,020,000 shall be derived from the Oil Spill Liability

13 Trust Fund: Provided, That there may be credited to this

14 appropriation funds received from State and local govern15 ments, other public authorities, private sources, and for16 eign countries, for expenses incurred for research, develop17 ment, testing, and evaluation.

18 BOAT SAFETY

19 (AQUATIC RESOURCES TRUST FUND)

20 For payment of necessary expenses incurred for rec21 reational boating safety assistance under Public Law 92–

22 75, as amended, $35,000,000, to be derived from the Boat

23 Safety Account and to remain available until expended.
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1 FEDERAL AVIATION ADMINISTRATION

2 OPERATIONS

3 For necessary expenses of the Federal Aviation Ad4 ministration, not otherwise provided for, including oper5 ations and research activities related to commercial space

6 transportation, administrative expenses for research and

7 development, establishment of air navigation facilities and

8 the operation (including leasing) and maintenance of air9 craft, and carrying out the provisions of subchapter I of

10 chapter 471 of title 49, United States Code, or other pro11 visions of law authorizing the obligation of funds for simi12 lar programs of airport and airway development or im13 provement, lease or purchase of four passenger motor ve14 hicles for replacement only, $4,900,000,000, of which

15 $1,642,500,000 shall be derived from the Airport and Air16 way Trust Fund: Provided, That notwithstanding any

17 other provision of law, not to exceed $30,000,000 from

18 additional user fees to be established by the Administrator

19 of the Federal Aviation Administration shall be credited

20 to this appropriation as offsetting collections and used for

21 necessary and authorized expenses under this heading:

22 Provided further, That the sum herein appropriated from

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

24 basis as such offsetting collections are received during fis25 cal year 1997, to result in a final fiscal year 1997 appro-
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1 priation from the general fund estimated at not more than

2 $2,127,398,000: Provided further, That the only addi3 tional user fees authorized as offsetting collections are fees

4 for services provided to aircraft that neither take off from,

5 nor land in, the United States: Provided further, That

6 there may be credited to this appropriation, funds received

7 from States, counties, municipalities, foreign authorities,

8 other public authorities, and private sources, for expenses

9 incurred in the provision of agency services, including re10 ceipts for the maintenance and operation of air navigation

11 facilities and, for issuance, renewal or modification of cer12 tificates, including airman, aircraft, and repair station cer13 tificates, or for tests related thereto, or for processing

14 major repair or alteration forms: Provided further, That

15 funds may be used to enter into a grant agreement with

16 a nonprofit standard setting organization to assist in the

17 development of aviation safety standards: Provided fur18 ther, That none of the funds in this Act shall be available

19 for new applicants for the second career training program:

20 Provided further, That none of the funds in this Act shall

21 be available for paying premium pay under 5 U.S.C.

22 5546(a) to any Federal Aviation Administration employee

23 unless such employee actually performed work during the

24 time corresponding to such premium pay: Provided fur25 ther, That none of the funds in this Act may be obligated
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1 or expended to operate a manned auxiliary flight service

2 station in the contiguous United States: Provided further,

3 That none of the funds derived from the Airport and Air4 way Trust Fund may be used to support the operations

5 and activities of the Associate Administrator for Commer6 cial Space Transportation.

7 FACILITIES AND EQUIPMENT

8 (AIRPORT AND AIRWAY TRUST FUND)

9 For necessary expenses, not otherwise provided for,

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

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

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

16 test facilities and acquisition of necessary sites by lease

17 or grant; and construction and furnishing of quarters and

18 related accommodations for officers and employees of the

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

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

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

23 and Airway Trust Fund, $1,800,000,000, of which

24 $1,583,000,000 shall remain available until September 30,

25 1999, and of which $217,000,000 shall remain available
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1 until September 30, 1997: Provided, That there may be

2 credited to this appropriation funds received from States,

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

5 and modernization of air navigation facilities.

6 RESEARCH, ENGINEERING, AND DEVELOPMENT

7 (AIRPORT AND AIRWAY TRUST FUND)

8 For necessary expenses, not otherwise provided for,

9 for research, engineering, and development, as authorized

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

11 Code, including construction of experimental facilities and

12 acquisition of necessary sites by lease or grant,

13 $185,000,000, to be derived from the Airport and Airway

14 Trust Fund and to remain available until September 30,

15 1999: Provided, That there may be credited to this appro16 priation funds received from States, counties, municipali17 ties, other public authorities, and private sources, for ex18 penses incurred for research, engineering, and develop19 ment.

20 GRANTS-IN-AID FOR AIRPORTS

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (AIRPORT AND AIRWAY TRUST FUND)

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

25 compatibility planning and programs as authorized under
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1 subchapter I of chapter 471 and subchapter I of chapter

2 475 of title 49, United States Code, and under other law

3 authorizing such obligations, $1,500,000,000, to be de4 rived from the Airport and Airway Trust Fund and to re5 main available until expended: Provided, That none of the

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

7 execution of programs the obligations for which are in ex8 cess of $1,300,000,000 in fiscal year 1997 for grants-in9 aid for airport planning and development, and noise com10 patibility planning and programs, notwithstanding section

11 47117(h) of title 49, United States Code.

12 AVIATION INSURANCE REVOLVING FUND

13 The Secretary of Transportation is hereby authorized

14 to make such expenditures and investments, within the

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

16 in accordance with section 104 of the Government Cor17 poration Control Act, as amended (31 U.S.C. 9104), as

18 may be necessary in carrying out the program for aviation

19 insurance activities under chapter 443 of title 49, United

20 States Code.

21 AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM

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

23 activities under this heading during fiscal year 1997.
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1 FEDERAL HIGHWAY ADMINISTRATION

2 LIMITATION ON GENERAL OPERATING EXPENSES

3 Necessary expenses for administration, operation, in4 cluding motor carrier safety program operations, and re5 search of the Federal Highway Administration not to ex6 ceed $510,981,000 shall be paid in accordance with law

7 from appropriations made available by this Act to the Fed8 eral Highway Administration together with advances and

9 reimbursements received by the Federal Highway Admin10 istration: Provided, That $214,698,000 of the amount pro11 vided herein shall remain available until September 30,

12 1999.

13 HIGHWAY-RELATED SAFETY GRANTS

14 (LIQUIDATION OF CONTRACT AUTHORIZATION)

15 (HIGHWAY TRUST FUND)

16 For payment of obligations incurred in carrying out

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

18 administered by the Federal Highway Administration, to

19 remain available until expended, $2,049,000 to be derived

20 from the Highway Trust Fund.

21 FEDERAL-AID HIGHWAYS

22 (LIMITATION ON OBLIGATIONS)

23 (HIGHWAY TRUST FUND)

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

25 the implementation or execution of programs the obliga-
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1 tions for which are in excess of $17,550,000,000 for Fed2 eral-aid highways and highway safety construction pro3 grams for fiscal year 1997.

4 FEDERAL-AID HIGHWAYS

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (HIGHWAY TRUST FUND)

7 For carrying out the provisions of title 23, United

8 States Code, that are attributable to Federal-aid high9 ways, including the National Scenic and Recreational

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

11 provided, including reimbursements for sums expended

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

13 $19,800,000,000 or so much thereof as may be available

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

15 available until expended.

16 RIGHT-OF-WAY REVOLVING FUND

17 (LIMITATION ON DIRECT LOANS)

18 (HIGHWAY TRUST FUND)

19 None of the funds under this head are available for

20 obligations for right-of-way acquisition during fiscal year

21 1997.
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1 MOTOR CARRIER SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (HIGHWAY TRUST FUND)

4 For payment of obligations incurred in carrying out

5 49 U.S.C. 31102, $74,000,000, to be derived from the

6 Highway Trust Fund and to remain available until ex7 pended: Provided, That none of the funds in this Act shall

8 be available for the implementation or execution of pro9 grams the obligations for which are in excess of

10 $77,425,000 for ‘‘Motor Carrier Safety Grants’’.

11 NATIONAL HIGHWAY TRAFFIC SAFETY

12 ADMINISTRATION

13 OPERATIONS AND RESEARCH

14 For expenses necessary to discharge the functions of

15 the Secretary with respect to traffic and highway safety

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

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

18 $81,895,000, of which $45,646,000 shall remain available

19 until September 30, 1999: Provided, That none of the

20 funds appropriated by this Act may be obligated or ex21 pended to plan, finalize, or implement any rulemaking to

22 add to section 575.104 of title 49 of the Code of Federal

23 Regulations any requirement pertaining to a grading

24 standard that is different from the three grading stand-
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1 ards (treadwear, traction, and temperature resistance) al2 ready in effect.

3 OPERATIONS AND RESEARCH

4 (HIGHWAY TRUST FUND)

5 For expenses necessary to discharge the functions of

6 the Secretary with respect to traffic and highway safety

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

8 Surface Transportation Efficiency Act of 1991 (Public

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

10 Fund, $50,377,000, of which $27,066,000 shall remain

11 available until September 30, 1999.

12 HIGHWAY TRAFFIC SAFETY GRANTS

13 (LIQUIDATION OF CONTRACT AUTHORIZATION)

14 (HIGHWAY TRUST FUND)

15 For payment of obligations incurred carrying out the

16 provisions of 23 U.S.C. 153, 402, 408, and 410, chapter

17 303 of title 49, United States Code, and section 209 of

18 Public Law 95–599, as amended, to remain available until

19 expended, $167,100,000, to be derived from the Highway

20 Trust Fund: Provided, That, notwithstanding subsection

21 2009(b) of the Intermodal Surface Transportation Effi22 ciency Act of 1991, none of the funds in this Act shall

23 be available for the planning or execution of programs the

24 total obligations for which, in fiscal year 1997, are in ex25 cess of $167,100,000 for programs authorized under 23
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1 U.S.C. 402 and 410, as amended, of which $127,700,000

2 shall be for ‘‘State and community highway safety

3 grants’’, $2,400,000 shall be for the ‘‘National Driver

4 Register’’, $11,000,000 shall be for highway safety grants

5 as authorized by section 1003(a)(7) of Public Law 102–

6 240, and $26,000,000 shall be for section 410 ‘‘Alcohol7 impaired driving counter-measures programs’’: Provided

8 further, That none of these funds shall be used for con9 struction, rehabilitation or remodeling costs, or for office

10 furnishings and fixtures for State, local, or private build11 ings or structures: Provided further, That not to exceed

12 $5,268,000 of the funds made available for section 402

13 may be available for administering ‘‘State and community

14 highway safety grants’’: Provided further, That not to ex15 ceed $150,000 of the funds made available for section 402

16 may be available for administering the highway safety

17 grants authorized by section 1003(a)(7) of Public Law

18 102–240: Provided further, That the unobligated balances

19 of the appropriation ‘‘Highway-Related Safety Grants’’

20 shall be transferred to and merged with this ‘‘Highway

21 Traffic Safety Grants’’ appropriation: Provided further,

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

23 for section 410 ‘‘Alcohol-impaired driving counter-meas24 ures programs’’ shall be available for technical assistance

25 to the States.
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1 FEDERAL RAILROAD ADMINISTRATION

2 OFFICE OF THE ADMINISTRATOR

3 For necessary expenses of the Federal Railroad Ad4 ministration, not otherwise provided for, $16,469,000, of

5 which $1,523,000 shall remain available until expended:

6 Provided, That none of the funds in this Act shall be avail7 able for the planning or execution of a program making

8 commitments to guarantee new loans under the Emer9 gency Rail Services Act of 1970, as amended, and no new

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

11 211(h) of the Regional Rail Reorganization Act of 1973,

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

13 of the Washington Union Station transaction in which the

14 Secretary assumed the first deed of trust on the property

15 and, where the Union Station Redevelopment Corporation

16 or any successor is obligated to make payments on such

17 deed of trust on the Secretary’s behalf, including pay18 ments on and after September 30, 1988, the Secretary

19 is authorized to receive such payments directly from the

20 Union Station Redevelopment Corporation, credit them to

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

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

23 Provided further, That such additional sums as may be

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

25 advanced by the Administrator from unobligated balances
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1 available to the Federal Railroad Administration, to be re2 imbursed from payments received from the Union Station

3 Redevelopment Corporation.

4 RAILROAD SAFETY

5 For necessary expenses in connection with railroad

6 safety, not otherwise provided for, $51,407,000, of which

7 $2,476,000 shall remain available until expended: Pro8 vided, That notwithstanding any other law, funds appro9 priated under this heading are available for the reimburse10 ment of out-of-state travel and per diem costs incurred

11 by employees of state governments directly supporting the

12 Federal railroad safety program, including regulatory de13 velopment and compliance-related activities.

14 RAILROAD RESEARCH AND DEVELOPMENT

15 For necessary expenses for railroad research and de16 velopment, $20,341,000, to remain available until ex17 pended.

18 HIGH-SPEED RAIL TRAINSETS AND FACILITIES

19 For the National Railroad Passenger Corporation,

20 $80,000,000, to remain available until September 30,

21 1999, to pursue public/private partnerships for high-speed

22 rail trainset and maintenance facility financing arrange23 ments.
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1 RAILROAD REHABILITATION AND IMPROVEMENT

2 PROGRAM

3 The Secretary of Transportation is authorized to

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

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

8 may be necessary to pay any amounts required pursuant

9 to the guarantee of the principal amount of obligations

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

12 outstanding: Provided, That no new loan guarantee com13 mitments shall be made during fiscal year 1997.

14 NEXT GENERATION HIGH-SPEED RAIL

15 For necessary expenses for Next Generation High16 Speed Rail studies, corridor planning, development, dem17 onstration, and implementation, $19,757,000, to remain

18 available until expended: Provided, That funds under this

19 head may be made available for grants to States for high20 speed rail corridor design, feasibility studies, environ21 mental analyses, and track and signal improvements.
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1 TRUST FUND SHARE OF NEXT GENERATION HIGH2 SPEED RAIL

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (HIGHWAY TRUST FUND)

5 For grants and payment of obligations incurred in car6 rying out the provisions of the High-Speed Ground Trans7 portation program as defined in subsections 1036(c) and

8 1036(d)(1)(B) of the Intermodal Surface Transportation

9 Efficiency Act of 1991, including planning and environ10 mental analyses, $2,855,000, to be derived from the High11 way Trust Fund and to remain available until expended.

12 RHODE ISLAND RAIL DEVELOPMENT

13 For the costs associated with construction of a third

14 track on the Northeast Corridor between Davisville and

15 Central Falls, Rhode Island, with sufficient clearance to

16 accommodate double stack freight cars, $4,000,000 to be

17 matched by the State of Rhode Island or its designee on

18 a dollar for dollar basis and to remain available until ex19 pended: Provided, That as a condition of accepting such

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

21 shall enter into an agreement with the Secretary to reim22 burse Amtrak and/or the Federal Railroad Administra23 tion, on a dollar for dollar basis, up to the first

24 $10,000,000 in damages resulting from the legal action

25 initiated by the P&W Railroad under its existing contracts
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1 with Amtrak relating to the provision of vertical clearances

2 between Davisville and Central Falls in excess of those re3 quired for present freight operations.

4 DIRECT LOAN FINANCING PROGRAM

5 Notwithstanding any other provision of law,

6 $58,680,000, for direct loans not to exceed $400,000,000

7 consistent with the purposes of section 505 of the Railroad

8 Revitalization and Regulatory Reform Act of 1976 (45

9 U.S.C. 825) as in effect on September 30, 1988, to the

10 Alameda Corridor Transportation Authority to continue

11 the Alameda Corridor Project, including replacement of

12 at-grade rail lines with a below-grade corridor and widen13 ing of the adjacent major highway: Provided, That loans

14 not to exceed the following amounts shall be made on or

15 after the first day of the fiscal year indicated:

Fiscal year 1997 ....................................................................... $140,000,000

Fiscal year 1998 ....................................................................... $140,000,000

Fiscal year 1999 ....................................................................... $120,000,000

16 Provided further, That any loan authorized under this sec17 tion shall be structured with a maximum 30-year repay18 ment after completion of construction at an annual inter19 est rate of not to exceed the 30-year United States Treas20 ury rate and on such terms and conditions as deemed ap21 propriate by the Secretary of Transportation: Provided

22 further, That specific provisions of section 505(a)(b) and

23 (d) shall not apply: Provided further, That the Alameda

24 Corridor Transportation Authority shall be deemed to be
26

•HR 3675 EH

1 a financially responsible person for purposes of section

2 505 of the Act.

3 GRANTS TO THE NATIONAL RAILROAD PASSENGER

4 CORPORATION

5 To enable the Secretary of Transportation to make

6 grants to the National Railroad Passenger Corporation

7 authorized by 49 U.S.C. 24104, $462,000,000, to remain

8 available until expended, of which $342,000,000 shall be

9 available for operating losses and for mandatory passenger

10 rail service payments, and $120,000,000 shall be for cap11 ital improvements: Provided, That funding under this head

12 for capital improvements shall not be made available be13 fore July 1, 1997: Provided further, That none of the

14 funds herein appropriated shall be used for lease or pur15 chase of passenger motor vehicles or for the hire of vehicle

16 operators for any officer or employee, other than the presi17 dent of the Corporation, excluding the lease of passenger

18 motor vehicles for those officers or employees while in offi19 cial travel status.

20 FEDERAL TRANSIT ADMINISTRATION

21 ADMINISTRATIVE EXPENSES

22 For necessary administrative expenses of the Federal

23 Transit Administration’s programs authorized by chapter

24 53 of title 49, United States Code, $41,367,000.
27

•HR 3675 EH

1 FORMULA GRANTS

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

3 5310(a)(2), 5311, and 5336, to remain available until ex4 pended, $490,000,000: Provided, That no more than

5 $2,052,925,000 of budget authority shall be available for

6 these purposes: Provided further, That of the funds pro7 vided under this head for formula grants, no more than

8 $400,000,000 may be used for operating assistance under

9 49 U.S.C. 5336(d): Provided further, That the limitation

10 on operating assistance provided under this heading shall,

11 for urbanized areas of less than 200,000 in population,

12 be no less than seventy-five percent of the amount of oper13 ating assistance such areas are eligible to receive under

14 Public Law 103–331: Provided further, That in the dis15 tribution of the limitation provided under this heading to

16 urbanized areas that had a population under the 1990

17 census of 1,000,000 or more, the Secretary shall direct

18 each such area to give priority consideration to the impact

19 of reductions in operating assistance on smaller transit au20 thorities operating within the area and to consider the

21 needs and resources of such transit authorities when the

22 limitation is distributed among all transit authorities oper23 ating in the area.
28

•HR 3675 EH

1 UNIVERSITY TRANSPORTATION CENTERS

2 For necessary expenses for university transportation

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

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

5 TRANSIT PLANNING AND RESEARCH

6 For necessary expenses for transit planning and re7 search as authorized by 49 U.S.C. 5303, 5311, 5313,

8 5314, and 5315, to remain available until expended,

9 $85,500,000, of which $39,500,000 shall be for activities

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

11 $4,500,000 for activities under Rural Transit Assistance

12 (49 U.S.C. 5311(b)(2)); $8,250,000 for activities under

13 State Planning and Research (49 U.S.C. 5313(b));

14 $22,000,000 for activities under National Planning and

15 Research (49 U.S.C. 5314); $8,250,000 for activities

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

17 and $3,000,000 for National Transit Institute (49 U.S.C.

18 5315).

19 TRUST FUND SHARE OF EXPENSES

20 (LIQUIDATION OF CONTRACT AUTHORIZATION)

21 (HIGHWAY TRUST FUND)

22 For payment of obligations incurred in carrying out

23 49 U.S.C. 5338(a), $1,920,000,000, to remain available

24 until expended and to be derived from the Highway Trust

25 Fund: Provided, That $1,920,000,000 shall be paid from
29

•HR 3675 EH

1 the Mass Transit Account of the Highway Trust Fund to

2 the Federal Transit Administration’s formula grants ac3 count.

4 DISCRETIONARY GRANTS

5 (LIMITATION ON OBLIGATIONS)

6 (HIGHWAY TRUST FUND)

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

8 the implementation or execution of programs the obliga9 tions for which are in excess of $1,665,000,000 in fiscal

10 year 1997 for grants under the contract authority in 49

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

12 fixed guideway modernization, $666,000,000; there shall

13 be available for the replacement, rehabilitation, and pur14 chase of buses and related equipment and the construction

15 of bus-related facilities, $333,000,000; and, notwithstand16 ing any other provision of law, except for fixed guideway

17 modernization projects, $10,510,000 made available under

18 Public Law 102–240 and Public Law 102–143 under

19 ‘‘Federal Transit Administration, Discretionary Grants’’

20 for projects specified in those Acts or identified in reports

21 accompanying those Acts, not obligated by September 30,

22 1996; together with, notwithstanding any other provision

23 of law, $744,000 funds made available for the ‘‘New Bed24 ford and Fall River Massachusetts commuter rail exten25 sion’’ under Public Law 103–331; together with, notwith-
30

•HR 3675 EH

1 standing any other provision of law, $47,322,000 funds

2 made available for the ‘‘Chicago Central Area Circulator

3 Project’’ in Public Law 103–122 and Public Law 103–

4 331, shall be made available for new fixed guideway sys5 tems together with the $666,000,000 made available for

6 new fixed guideway systems in this Act, to be available

7 as follows:

8 $66,820,000 for the Atlanta-North Springs

9 project;

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

11 project;

12 $40,181,000 for the Boston Piers-MOS–2

13 project;

14 $5,500,000 for the Canton-Akron-Cleveland

15 commuter rail project;

16 $25,000,000, notwithstanding any other provi17 sion of law, for transit improvements in the Chicago

18 downtown area;

19 $3,000,000 for the Cincinnati Northeast-North20 ern Kentucky rail line project;

21 $10,000,000 for the DART North Central light

22 rail extension project;

23 $12,500,000 for the Dallas-Fort Worth

24 RAILTRAN project;
31

•HR 3675 EH

1 $1,000,000 for the DeKalb County, Georgia

2 light rail project;

3 $3,000,000 for the Denver Southwest Corridor

4 project;

5 $9,000,000 for the Florida Tri-County com6 muter rail project;

7 $2,000,000 for the Griffin light rail project;

8 $40,590,000 for the Houston Regional Bus

9 project;

10 $15,300,000 for the Jacksonville ASE extension

11 project;

12 $1,500,000 for the Kansas City Southtown cor13 ridor project;

14 $90,000,000 for the Los Angeles-MOS–3

15 project;

16 $1,500,000 for the Los Angeles-San Diego com17 muter rail project;

18 $27,000,000 for the MARC Commuter Rail Im19 provements project;

20 $1,000,000 for the Miami-North 27th Avenue

21 project;

22 $2,000,000 for the Memphis, Tennessee Re23 gional Rail Plan;

24 $10,000,000 for the New Jersey Urban Core/

25 Hudson-Bergen LRT project;
32

•HR 3675 EH

1 $105,530,000 for the New Jersey Urban Core/

2 Secaucus project;

3 $1,000,000 for the New Jersey West Trenton

4 commuter rail project;

5 $8,000,000 for the New Orleans Canal Street

6 Corridor project;

7 $2,000,000 for the New Orleans Desire Street8 car project;

9 $35,020,000 for the New York-Queens Connec10 tion project;

11 $500,000 for the Northern Indiana commuter

12 rail project;

13 $5,000,000 for the Orange County transitway

14 project;

15 $2,000,000 for the Orlando Lynx light rail

16 project;

17 $90,000,000 for the Portland-Westside/Hills18 boro Extension project;

19 $6,000,000 for the Sacramento LRT Extension

20 project;

21 $20,000,000 for the Salt Lake City-South LRT

22 project, of which not less than $10,000,000 shall be

23 available only for high-occupancy vehicle lane and

24 corridor design costs;
33

•HR 3675 EH

1 $20,000,000 for the St. Louis-St. Clair Exten2 sion project;

3 $35,000,000 for the San Francisco Area-BART

4 airport extension/San Jose Tasman West LRT

5 projects;

6 $3,000,000 for the San Diego-Mid-Coast Cor7 ridor project;

8 $9,500,000 for the San Juan Tren Urbano

9 project;

10 $375,000 for the Staten Island-Midtown Ferry

11 service project;

12 $2,000,000 for the Tampa to Lakeland com13 muter rail project; and

14 $2,500,000 for the Whitehall ferry terminal,

15 New York, New York.

16 MASS TRANSIT CAPITAL FUND

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (HIGHWAY TRUST FUND)

19 For payment of obligations incurred in carrying out

20 49 U.S.C. 5338(b) administered by the Federal Transit

21 Administration, $2,000,000,000, to be derived from the

22 Highway Trust Fund and to remain available until ex23 pended.
34

•HR 3675 EH

1 WASHINGTON METROPOLITAN AREA TRANSIT

2 AUTHORITY

3 For necessary expenses to carry out the provisions

4 of section 14 of Public Law 96–184 and Public Law 101–

5 551, $200,000,000, to remain available until expended.

6 SAINT LAWRENCE SEAWAY DEVELOPMENT

7 CORPORATION

8 The Saint Lawrence Seaway Development Corpora9 tion is hereby authorized to make such expenditures, with10 in the limits of funds and borrowing authority available

11 to the Corporation, and in accord with law, and to make

12 such contracts and commitments without regard to fiscal

13 year limitations as provided by section 104 of the Govern14 ment Corporation Control Act, as amended, as may be

15 necessary in carrying out the programs set forth in the

16 Corporation’s budget for the current fiscal year.

17 OPERATIONS AND MAINTENANCE

18 (HARBOR MAINTENANCE TRUST FUND)

19 For necessary expenses for operation and maintenance

20 of those portions of the Saint Lawrence Seaway operated

21 and maintained by the Saint Lawrence Seaway Develop22 ment Corporation, including the Great Lakes Pilotage

23 functions delegated by the Secretary of Transportation,

24 $10,037,000, to be derived from the Harbor Maintenance

25 Trust Fund, pursuant to Public Law 99–662.
35

•HR 3675 EH

1 RESEARCH AND SPECIAL PROGRAMS

2 ADMINISTRATION

3 RESEARCH AND SPECIAL PROGRAMS

4 For expenses necessary to discharge the functions of

5 the Research and Special Programs Administration,

6 $23,929,000, of which $574,000 shall be derived from the

7 Pipeline Safety Fund, and of which $7,101,000 shall re8 main available until September 30, 1999: Provided, That

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

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

11 Treasury as offsetting receipts: Provided further, That

12 there may be credited to this appropriation funds received

13 from States, counties, municipalities, other public authori14 ties, and private sources for expenses incurred for train15 ing, for reports publication and dissemination.

16 PIPELINE SAFETY

17 (PIPELINE SAFETY FUND)

18 For expenses necessary to conduct the functions of the

19 pipeline safety program, for grants-in-aid to carry out a

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

21 60107, and to discharge the pipeline program responsibil22 ities of the Oil Pollution Act of 1990, $30,988,000, of

23 which $2,528,000 shall be derived from the Oil Spill Li24 ability Trust Fund and shall remain available until Sep25 tember 30, 1999; and of which $28,460,000 shall be de-
36

•HR 3675 EH

1 rived from the Pipeline Safety Fund, of which

2 $15,500,000 shall remain available until September 30,

3 1999: Provided, That in addition to amounts made avail4 able for the Pipeline Safety Fund, $1,000,000 shall be

5 available for grants to States for the development and es6 tablishment of one-call notification systems and shall be

7 derived from amounts previously collected under section

8 7005 of the Consolidated Omnibus Budget Reconciliation

9 Act of 1985.

10 EMERGENCY PREPAREDNESS GRANTS

11 (EMERGENCY PREPAREDNESS FUND)

12 For necessary expenses to carry out 49 U.S.C. 5127(c),

13 $200,000, to be derived from the Emergency Prepared14 ness Fund, to remain available until September 30, 1999:

15 Provided, That none of the funds made available by 49

16 U.S.C. 5116(i) and 5127(d) shall be made available for

17 obligation by individuals other than the Secretary of

18 Transportation, or his designee.

19 OFFICE OF INSPECTOR GENERAL

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of Inspector Gen22 eral to carry out the provisions of the Inspector General

23 Act of 1978, as amended, $39,450,000: Provided, That

24 none of the funds under this heading shall be for the con25 duct of contract audits.
37

•HR 3675 EH

1 SURFACE TRANSPORTATION BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the Surface Transpor4 tation Board, including services authorized by 5 U.S.C.

5 3109, $12,344,000: Provided, That $3,000,000 in fees col6 lected in fiscal year 1997 by the Surface Transportation

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

8 to this appropriation in fiscal year 1997: Provided further,

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

10 year 1997 shall remain available until expended, but shall

11 not be available for obligation until October 1, 1997.

12 TITLE II

13 RELATED AGENCIES

14 ARCHITECTURAL AND TRANSPORTATION

15 BARRIERS COMPLIANCE BOARD

16 SALARIES AND EXPENSES

17 For expenses necessary for the Architectural and

18 Transportation Barriers Compliance Board, as authorized

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

20 amended, $3,540,000: Provided, That, notwithstanding

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

22 appropriation funds received for publications and training

23 expenses.
38

•HR 3675 EH

1 NATIONAL TRANSPORTATION SAFETY BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Transpor4 tation Safety Board, including hire of passenger motor ve5 hicles and aircraft; services as authorized by 5 U.S.C.

6 3109, but at rates for individuals not to exceed the per

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

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

9 5901–5902), $42,407,000, of which not to exceed $2,000

10 may be used for official reception and representation ex11 penses.

12 TITLE III—GENERAL PROVISIONS

13 (INCLUDING TRANSFERS OF FUNDS)

14 SEC. 301. During the current fiscal year applicable

15 appropriations to the Department of Transportation shall

16 be available for maintenance and operation of aircraft;

17 hire of passenger motor vehicles and aircraft; purchase of

18 liability insurance for motor vehicles operating in foreign

19 countries on official department business; and uniforms,

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

21 5901–5902).

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

23 year 1997 pay raises for programs funded in this Act shall

24 be absorbed within the levels appropriated in this Act or

25 previous appropriations Acts.
39

•HR 3675 EH

1 SEC. 303. Funds appropriated under this Act for ex2 penditures by the Federal Aviation Administration shall

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

4 VIII of the Elementary and Secondary Education Act of

5 1965, 20 U.S.C. 7701, et seq., for expenses of primary

6 and secondary schooling for dependents of Federal Avia7 tion Administration personnel stationed outside the con8 tinental United States at costs for any given area not in

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

10 area, when it is determined by the Secretary that the

11 schools, if any, available in the locality are unable to pro12 vide adequately for the education of such dependents, and

13 (2) for transportation of said dependents between schools

14 serving the area that they attend and their places of resi15 dence when the Secretary, under such regulations as may

16 be prescribed, determines that such schools are not acces17 sible by public means of transportation on a regular basis.

18 SEC. 304. Appropriations contained in this Act for

19 the Department of Transportation shall be available for

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

21 individuals not to exceed the per diem rate equivalent to

22 the rate for an Executive Level IV.

23 SEC. 305. None of the funds in this Act shall be avail24 able for salaries and expenses of more than one hundred

25 seven political and Presidential appointees in the Depart-
40

•HR 3675 EH

1 ment of Transportation: Provided, That none of the per2 sonnel covered by this provision may be assigned on tem3 porary detail outside the Department of Transportation.

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

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

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

7 intervening in regulatory or adjudicatory proceedings

8 funded in this Act.

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

10 shall remain available for obligation beyond the current

11 fiscal year, nor may any be transferred to other appropria12 tions, unless expressly so provided herein.

13 SEC. 308. The Secretary of Transportation may enter

14 into grants, cooperative agreements, and other trans15 actions with any person, agency, or instrumentality of the

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

17 educational institution, and any other entity in execution

18 of the Technology Reinvestment Project authorized under

19 the Defense Conversion, Reinvestment and Transition As20 sistance Act of 1992 and related legislation: Provided,

21 That the authority provided in this section may be exer22 cised without regard to section 3324 of title 31, United

23 States Code.

24 SEC. 309. The expenditure of any appropriation

25 under this Act for any consulting service through procure-
41

•HR 3675 EH

1 ment contract pursuant to section 3109 of title 5, United

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

3 expenditures are a matter of public record and available

4 for public inspection, except where otherwise provided

5 under existing law, or under existing Executive order is6 sued pursuant to existing law.

7 SEC. 310. (a) For fiscal year 1997 the Secretary of

8 Transportation shall distribute the obligation limitation

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

10 sums authorized to be appropriated for Federal-aid high11 ways that are apportioned or allocated to each State for

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

13 to be appropriated for Federal-aid highways that are ap14 portioned or allocated to all the States for such fiscal year.

15 (b) During the period October 1 through December

16 31, 1996, no State shall obligate more than 25 per centum

17 of the amount distributed to such State under subsection

18 (a), and the total of all State obligations during such pe19 riod shall not exceed 12 per centum of the total amount

20 distributed to all States under such subsection.

21 (c) Notwithstanding subsections (a) and (b), the Sec22 retary shall—

23 (1) provide all States with authority sufficient

24 to prevent lapses of sums authorized to be appro-
42

•HR 3675 EH

1 priated for Federal-aid highways that have been ap2 portioned to a State;

3 (2) after August 1, 1997, revise a distribution

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

5 a State will not obligate the amount distributed dur6 ing that fiscal year and redistribute sufficient

7 amounts to those States able to obligate amounts in

8 addition to those previously distributed during that

9 fiscal year giving priority to those States having

10 large unobligated balances of funds apportioned

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

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

13 1015 of Public Law 102–240; and

14 (3) not distribute amounts authorized for ad15 ministrative expenses and funded from the adminis16 trative takedown authorized by section 104(a), title

17 23 U.S.C., the Federal lands highway program, the

18 intelligent transportation systems program, and

19 amounts made available under sections 1040, 1047,

20 1064, 6001, 6005, 6006, 6023, and 6024 of Public

21 Law 102–240, and 49 U.S.C. 5316, 5317, and

22 5338: Provided, That amounts made available under

23 section 6005 of Public Law 102–240 shall be subject

24 to the obligation limitation for Federal-aid highways
43

•HR 3675 EH

1 and highway safety construction programs under the

2 head ‘‘Federal-Aid Highways’’ in this Act.

3 (d) During the period October 1 through December

4 31, 1996, the aggregate amount of obligations under sec5 tion 157 of title 23, United States Code, for projects cov6 ered under section 147 of the Surface Transportation As7 sistance Act of 1978, section 9 of the Federal-Aid High8 way Act of 1981, sections 131(b), 131(j), and 404 of Pub9 lic Law 97–424, sections 1061, 1103 through 1108, 4008,

10 and 6023(b)(8) and 6023(b)(10) of Public Law 102–240,

11 and for projects authorized by Public Law 99–500 and

12 Public Law 100–17, shall not exceed $277,431,840.

13 (e) During the period August 2 through September

14 30, 1997, the aggregate amount which may be obligated

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

16 amount of funds apportioned or allocated to all States—

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

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

19 Law 102–240, and

20 (2) for highway assistance projects under sec21 tion 103(e)(4) of title 23, United States Code,

22 which would not be obligated in fiscal year 1997 if the

23 total amount of the obligation limitation provided for such

24 fiscal year in this Act were utilized.
44

•HR 3675 EH

1 (f) Paragraph (e) shall not apply to any State which

2 on or after August 1, 1997, has the amount distributed

3 to such State under paragraph (a) for fiscal year 1997

4 reduced under paragraph (c)(2).

5 SEC. 311. The limitation on obligations for the pro6 grams of the Federal Transit Administration shall not

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

8 made available for obligation, or to any other authority

9 previously made available for obligation under the discre10 tionary grants program.

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

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

13 SEC. 313. None of the funds in this Act shall be avail14 able to plan, finalize, or implement regulations that would

15 establish a vessel traffic safety fairway less than five miles

16 wide between the Santa Barbara Traffic Separation

17 Scheme and the San Francisco Traffic Separation

18 Scheme.

19 SEC. 314. Notwithstanding any other provision of

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

21 Federal Aviation Administration (FAA) instrument land22 ing systems (along with associated approach lighting

23 equipment and runway visual range equipment) which

24 conform to FAA design and performance specifications,

25 the purchase of which was assisted by a Federal airport
45

•HR 3675 EH

1 aid program, airport development aid program or airport

2 improvement program grant. The FAA shall accept such

3 equipment, which shall thereafter be operated and main4 tained by the FAA in accordance with agency criteria.

5 SEC. 315. None of the funds in this Act shall be avail6 able to award a multiyear contract for production end

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

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

9 in any one year of the contract or (2) includes a cancella10 tion charge greater than $10,000,000 which at the time

11 of obligation has not been appropriated to the limits of

12 the government’s liability or (3) includes a requirement

13 that permits performance under the contract during the

14 second and subsequent years of the contract without con15 ditioning such performance upon the appropriation of

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

17 contract in which the Federal Government incurs no fi18 nancial liability from not buying additional systems, sub19 systems, or components beyond the basic contract require20 ments.

21 SEC. 316. None of the funds provided in this Act

22 shall be made available for planning and executing a pas23 senger manifest program by the Department of Transpor24 tation that only applies to United States flag carriers.
46

•HR 3675 EH

1 SEC. 317. Notwithstanding any other provision of

2 law, and except for fixed guideway modernization projects,

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

4 Administration, Discretionary grants’’ for projects speci5 fied in this Act or identified in reports accompanying this

6 Act not obligated by September 30, 1999, shall be made

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

8 SEC. 318. Notwithstanding any other provision of

9 law, any funds appropriated before October 1, 1993, under

10 any section of chapter 53 of title 49 U.S.C., that remain

11 available for expenditure may be transferred to and ad12 ministered under the most recent appropriation heading

13 for any such section.

14 SEC. 319. None of the funds in this Act shall be avail15 able to implement or enforce regulations that would result

16 in the withdrawal of a slot from an air carrier at O’Hare

17 International Airport under section 93.223 of title 14 of

18 the Code of Federal Regulations in excess of the total slots

19 withdrawn from that air carrier as of October 31, 1993

20 if such additional slot is to be allocated to an air carrier

21 or foreign air carrier under section 93.217 of title 14 of

22 the Code of Federal Regulations.

23 SEC. 320. None of the funds in this Act may be used

24 to compensate in excess of 335 technical staff years under

25 the federally-funded research and development center
47

•HR 3675 EH

1 contract between the Federal Aviation Administration

2 and the Center for Advanced Aviation Systems Develop3 ment during fiscal year 1997.

4 SEC. 321. Funds provided in this Act for the Trans5 portation Administrative Service Center (TASC) shall be

6 reduced by $10,000,000, which limits fiscal year 1997

7 TASC obligational authority for elements of the Depart8 ment of Transportation funded in this Act to no more

9 than $114,812,000: Provided, That such reductions from

10 the budget request shall be allocated by the Department

11 of Transportation to each appropriations account in pro12 portion to the amount included in each account for the

13 transportation administrative service center.

14 SEC. 322. Funds received by the Federal Highway

15 Administration, Federal Transit Administration, and Fed16 eral Railroad Administration from States, counties, mu17 nicipalities, other public authorities, and private sources

18 for expenses incurred for training may be credited respec19 tively to the Federal Highway Administration’s ‘‘Limita20 tion on General Operating Expenses’’ account, the Federal

21 Transit Administration’s ‘‘Transit Planning and Re22 search’’ account, and to the Federal Railroad Administra23 tion’s ‘‘Railroad Safety’’ account, except for State rail

24 safety inspectors participating in training pursuant to 49

25 U.S.C. 20105.
48

•HR 3675 EH

1 SEC. 323. None of the funds in this Act shall be avail2 able to prepare, propose, or promulgate any regulations

3 pursuant to title V of the Motor Vehicle Information and

4 Cost Savings Act (49 U.S.C. 32901, et seq.) prescribing

5 corporate average fuel economy standards for automobiles,

6 as defined in such title, in any model year that differs

7 from standards promulgated for such automobiles prior to

8 enactment of this section.

9 SEC. 324. None of the funds in this Act may be used

10 for planning, engineering, design, or construction of a

11 sixth runway at the new Denver International Airport,

12 Denver, Colorado.

13 SEC. 325. Notwithstanding 31 U.S.C. 3302, funds re14 ceived by the Bureau of Transportation Statistics from the

15 sale of data products, for necessary expenses incurred pur16 suant to the provisions of section 6006 of the Intermodal

17 Surface Transportation Efficiency Act of 1991, may be

18 credited to the Federal-aid highways account for the pur19 pose of reimbursing the Bureau for such expenses: Pro20 vided, That such funds shall not be subject to the obliga21 tion limitation for Federal-aid highways and highway safe22 ty construction: Provided further, That in addition to

23 amounts otherwise provided in this Act, not to exceed

24 $3,100,000 in expenses of the Bureau of Transportation

25 Statistics necessary to conduct activities related to airline
49

•HR 3675 EH

1 statistics may be incurred, but only to the extent such ex2 penses are offset by user fees charged for those activities

3 and credited as offsetting collections.

4 SEC. 326. The Secretary of Transportation is author5 ized to transfer funds appropriated in this Act to ‘‘Rental

6 payments’’ for any expense authorized by that appropria7 tion in excess of the amounts provided in this Act: Pro8 vided, That prior to any such transfer, notification shall

9 be provided to the House and Senate Committees on Ap10 propriations.

11 SEC. 327. None of the funds in this Act may be obli12 gated or expended for employee training which: (a) does

13 not meet identified needs for knowledge, skills and abilities

14 bearing directly upon the performance of official duties;

15 (b) contains elements likely to induce high levels of emo16 tional response or psychological stress in some partici17 pants; (c) does not require prior employee notification of

18 the content and methods to be used in the training and

19 written end of course evaluations; (d) contains any meth20 ods or content associated with religious or quasi-religious

21 belief systems or ‘‘new age’’ belief systems as defined in

22 Equal Employment Opportunity Commission Notice N–

23 915.022, dated September 2, 1988; (e) is offensive to, or

24 designed to change, participants’ personal values or life25 style outside the workplace; or (f) includes content related
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1 to human immunodeficiency virus/acquired immune defi2 ciency syndrome (HIV/AIDS) other than that necessary

3 to make employees more aware of the medical ramifica4 tions of HIV/AIDS and the workplace rights of HIV-posi5 tive employees.

6 SEC. 328. None of the funds in this Act shall, in the

7 absence of express authorization by Congress, be used di8 rectly or indirectly to pay for any personal service, adver9 tisement, telegram, telephone, letter, printed or written

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

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

12 by vote or otherwise, any legislation or appropriation by

13 Congress, whether before or after the introduction of any

14 bill or resolution proposing such legislation or appropria15 tion: Provided, That this shall not prevent officers or em16 ployees of the Department of Transportation or related

17 agencies funded in this Act from communicating to Mem18 bers of Congress on the request of any Member or to Con19 gress, through the proper official channels, requests for

20 legislation or appropriations which they deem necessary

21 for the efficient conduct of the public business.

22 SEC. 329. None of the funds in this Act may be used

23 to support Federal Transit Administration’s field oper24 ations and oversight of the Washington Metropolitan Area
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1 Transit Authority in any location other than from the

2 Washington, D.C. metropolitan area.

3 SEC. 330. None of the funds made available in this

4 Act may be used for improvements to the Miller Highway

5 in New York City, New York.

6 SEC. 331. Not to exceed $850,000 of the funds pro7 vided in this Act for the Department of Transportation

8 shall be available for the necessary expenses of advisory

9 committees.

10 SEC. 332. Notwithstanding any other provision of

11 law, the Secretary may use funds appropriated under this

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

13 the exemption provisions of 49 CFR 580.6 and to adopt

14 or amend exemptions from the disclosure requirements of

15 49 CFR part 580 for any class or category of vehicles

16 that the Secretary deems appropriate.

17 SEC. 333. No funds other than those appropriated

18 to the Surface Transportation Board shall be used for con19 ducting the activities of the Board.

20 SEC. 334. None of the funds made available in this

21 Act may be used to construct, or to pay the salaries or

22 expenses of Department of Transportation personnel who

23 approve or facilitate the construction of, a third track on

24 the Metro-North Railroad Harlem Line in the vicinity of

25 Bronxville, New York, when it is made known to the Fed-
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1 eral official having authority to obligate or expend such

2 funds that a final environmental impact statement has not

3 been completed for such construction project.

4 SEC. 335. Section 5328(c)(1)(E) of title 49, United

5 States Code, is amended—

6 (1) by striking ‘‘Westside’’ the first place it ap7 pears;

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

9 (3) by inserting before the period at the end the

10 following: ‘‘, and the locally preferred alternative for

11 the South/North Corridor Project’’.

12 SEC. 336. Notwithstanding any other provision of

13 law, of the funds made available to Cleveland for the

14 ‘‘Cleveland Dual Hub Corridor Project’’ or ‘‘Cleveland

15 Dual Hub Rail Project,’’ $4,023,030 in funds made avail16 able in fiscal years 1991, 1992, and 1994, under Public

17 Laws 101–516, 102–143, 102–240, 103–122, and accom18 panying reports, shall be made available for the Berea Red

19 Line Extension and the Euclid Corridor Improvement

20 projects.

21 SEC. 337. Notwithstanding any other provision of

22 law, funds made available under section 3035(kk) of Pub23 lic Law 102–240 for fiscal year 1997 to the State of

24 Michigan shall be for the purchase of buses and bus-relat25 ed equipment and facilities.
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1 SEC. 338. In addition to amounts otherwise provided

2 in this Act, there is hereby appropriated $2,400,000 for

3 activities of the National Civil Aviation Review Commis4 sion, to remain available until expended.

5 SEC. 339. Section 423 of H.R. 1361, as passed the

6 House of Representatives on May 9, 1995, is hereby en7 acted into law.

8 SEC. 340. (a) COMPLIANCE WITH BUY AMERICAN

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

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

11 expending the funds the entity will comply with the Buy

12 American Act (41 U.S.C. 10a–10c).

13 (b) SENSE OF CONGRESS; REQUIREMENT REGARD14 ING NOTICE.—

15 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

16 AND PRODUCTS.—In the case of any equipment or

17 product that may be authorized to be purchased

18 with financial assistance provided using funds made

19 available in this Act, it is the sense of the Congress

20 that entities receiving the assistance should, in ex21 pending the assistance, purchase only American22 made equipment and products to the greatest extent

23 practicable.

24 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

25 In providing financial assistance using funds made
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1 available in this Act, the head of each Federal agen2 cy shall provide to each recipient of the assistance

3 a notice describing the statement made in paragraph

4 (1) by the Congress.

5 (c) PROHIBITION OF CONTRACTS WITH PERSONS

6 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

8 agency that any person intentionally affixed a label bear9 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

12 States, the person shall be ineligible to receive any con13 tract or subcontract made with funds made available in

14 this Act, pursuant to the debarment, suspension, and ineli15 gibility procedures described in sections 9.400 through

16 9.409 of title 48, Code of Federal Regulations.

17 TITLE IV—MISCELLANEOUS HIGHWAY

18 PROVISIONS

19 SEC. 401. Notwithstanding any other provision of

20 law, semitrailer units operating in a truck tractor21 semitrailer combination whose semitrailer unit is more

22 than forty-eight feet in length and truck tractor23 semitrailer-trailer combinations specified in section

24 31111(b)(1) of title 49, United States Code, may not oper25 ate on United States Route 15 in Virginia between the
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1 Maryland border and the intersection with United States

2 Route 29.

3 SEC. 402. Item 30 of the table contained in section

4 1107(b) of the Intermodal Surface Transportation Effi5 ciency Act of 1991 (105 Stat. 2050), relating to Mobile,

6 Alabama, is amended in the second column by inserting

7 after ‘‘Alabama’’ the following: ‘‘and for feasibility studies,

8 preliminary engineering, and construction of a new bridge

9 and approaches over the Mobile River’’.

10 SEC. 403. Item 94 of the table contained in section

11 1107(b) of the Intermodal Surface Transportation Effi12 ciency Act of 1991 (105 Stat. 2052), relating to St. Thom13 as, Virgin Islands, is amended—

14 (1) by striking ‘‘St. Thomas,’’; and

15 (2) by inserting after ‘‘the island’’ the follow16 ing: ‘‘of St. Thomas and improvements to the VIPA

17 Molasses Dock intermodal port facility on the island

18 of St. Croix to make the facility capable of handling

19 multiple cargo tasks’’.

20 SEC. 404. The Secretary of Transportation is hereby

21 authorized to enter into an agreement modifying the

22 agreement entered into pursuant to section 336 of the De23 partment of Transportation and Related Agencies Appro24 priations Act, 1995 (Public Law 103–331) and section

25 356 of the Department of Transportation and Related
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1 Agencies Appropriations Act, 1996 (Public Law 104–50)

2 to provide an additional line of credit not to exceed

3 $25,000,000, which may be used to replace otherwise re4 quired contingency reserves; provided, however, that the

5 Secretary may only enter into such modification if it is

6 supported by the amount of the original appropriation

7 (provided by section 336 of Public Law 103–331). No ad8 ditional appropriation is made by this section. In imple9 menting this section, the Secretary may enter into an

10 agreement requiring an interest rate, on both the original

11 line of credit and the additional amount provided for here12 in, higher than that currently in force and higher than

13 that specified in the original appropriation. An agreement

14 entered into pursuant to this section may not obligate the

15 Secretary to make any funds available until all remaining

16 contingency reserves are exhausted, and in no event shall

17 any funds be made available before October 1, 1998.

18 SEC. 405. Public Law 100–202 is amended in the

19 item relating to ‘‘Traffic Improvement Demonstration

20 Project’’ by inserting after ‘‘project’’ the following: ‘‘or up21 grade existing local roads’’.

22 TITLE V—ADDITIONAL GENERAL PROVISIONS

23 SEC. 501. (a) LIMITATION ON NEW LOAN GUARAN24 TEES FOR CERTAIN RAILROAD PROJECTS.—None of the

25 funds made available in this Act may be used for the cost
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1 of any new loan guarantee commitment for any railroad

2 project, when it is made known to the Federal official hav3 ing authority to obligate or expend such funds that such

4 railroad project is an international railroad project of the

5 United States and another country, or a railroad project

6 in the United States in the vicinity of the United States

7 border with another country.

8 (b) EXCEPTION.—Subsection (a) shall not apply

9 when it is made known to the Federal official having au10 thority to obligate or expend such funds that—

11 (1) a comprehensive study has been conducted

12 after the date of the enactment of this Act regarding

13 criminal activities that have occurred on existing

14 railroads of such type, including—

15 (A) the use of such railroads to facilitate

16 the smuggling of illegal aliens and illegal drugs

17 into the United States, and the impact of such

18 smuggling on the total number of illegal aliens,

19 and the total amount of illegal drugs, entering

20 the United States; and

21 (B) the commission of robberies against

22 such railroads; and

23 (2) a detailed report setting forth the results of

24 such study has been issued and made available to

25 the public.
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1 SEC. 502. None of the funds made available in this

2 Act may be used by the National Transportation Safety

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

4 study to determine the feasibility of allowing individuals

5 who are more than 60 years of age to pilot commercial

6 aircraft.

7 This Act may be cited as the ‘‘Department of Trans8 portation and Related Agencies Appropriations Act,

9 1997’’.

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

Attest:

Clerk.