Calendar No. 504

104TH CONGRESS

2D SESSION H. R. 3675

[Report No. 104–325]

AN ACT

Making appropriations for the Department of

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

JUNE 28, 1996

Received; read twice and referred to the Committee on

J

Appropriations

ULY 19, 1996

Reported with amendments
II

Calendar No. 504

104TH CONGRESS

2D SESSION H. R. 3675

[Report No. 104–325]

IN THE SENATE OF THE UNITED STATES

JUNE 28, 1996

Received; read twice and referred to the Committee on Appropriations

JULY 19, 1996

Reported by Mr. HATFIELD, with amendments

[Omit the part struck through and insert the part printed in italic]

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

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 1997, and for other pur6 poses, namely:
2

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1 TITLE I

2 DEPARTMENT OF TRANSPORTATION

3 OFFICE OF THE SECRETARY

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Secretary,

6 $53,816,000 $53,376,000, of which not to exceed $40,000

7 shall be available as the Secretary may determine for allo8 cation within the Department for official reception and

9 representation expenses: Provided, That notwithstanding

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

11 appropriation up to $1,000,000 in funds received in user

12 fees established to support the electronic tariff filing sys13 tem: Provided further, That none of the funds appro14 priated in this Act or otherwise made available may be

15 used to maintain custody of airline tariffs that are already

16 available for public and departmental access at no cost;

17 to secure them against detection, alteration, or tampering;

18 and open to inspection by the Department.

19 OFFICE OF CIVIL RIGHTS

20 For necessary expenses of the Office of Civil Rights,

21 $5,574,000.

22 TRANSPORTATION PLANNING, RESEARCH, AND

23 DEVELOPMENT

24 For necessary expenses for conducting transportation

25 planning, research, systems development, and development
3

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1 activities, to remain available until expended, $3,000,000

2 $4,158,000.

3 TRANSPORTATION ADMINISTRATIVE SERVICE CENTER

4 Necessary expenses for operating costs and capital

5 outlays of the Transportation Administrative Service Cen6 ter, not to exceed $124,812,000, shall be paid from appro7 priations made available to the Department of Transpor8 tation: Provided, That such services shall be provided on

9 a competitive basis to entities within the Department of

10 Transportation: Provided further, That the above limita11 tion on operating expenses shall not apply to non-DOT

12 entities: Provided further, That no funds appropriated in

13 this Act to an agency of the Department shall be trans14 ferred to the Transportation Administrative Service Cen15 ter without the approval of the agency modal adminis16 trator: Provided further, That no assessments may be lev17 ied against any program, budget activity, subactivity or

18 project funded by this Act unless notice of such assess19 ments and the basis therefor are presented to the House

20 and Senate Committees on Appropriations and are ap21 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 $25,900,000, to remain avail10 able until expended and to be derived from the Airport

11 and Airway Trust Fund: Provided, That none of the funds

12 in this Act shall be available for the implementation or

13 execution of programs in excess of $10,000,000

14 $25,900,000 for the Payments to Air Carriers program in

15 fiscal year 1997: Provided further, That none of the funds

16 in this Act shall be used by the Secretary of Transpor17 tation to make payment of compensation under subchapter

18 II of chapter 417 of title 49, United States Code, in excess

19 of the appropriation in this Act for liquidation of obliga20 tions incurred under the ‘‘Payments to air carriers’’ pro21 gram: Provided further, That none of the funds in this Act

22 shall be used for the payment of claims for such com23 pensation except in accordance with this provision: Pro24 vided further, That none of the funds in this Act shall be

25 available for service to communities in the forty-eight con26 tiguous States that are located fewer than seventy high-
5

•HR 3675 RS

1 way miles from the nearest large or medium hub airport,

2 or that require a rate of subsidy per passenger in excess

3 of $200 unless such point is greater than two hundred

4 and ten miles from the nearest large or medium hub air5 port: Provided further, That of funds provided for ‘‘Small

6 Community Air Service’’ by Public Law 101–508,

7 $28,600,000 $12,700,000 in fiscal year 1997 is hereby re8 scinded.

9 PAYMENTS TO AIR CARRIERS

10 (RESCISSION)

11 Of the budgetary resources remaining available under

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

13 RENTAL PAYMENTS

14 For necessary expenses for rental of headquarters

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

16 for related services assessed by the General Services Ad17 ministration, $127,447,000 $132,500,000: Provided, That

18 of this amount, $2,022,000 shall be derived from the

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

20 the Airport and Airway Trust Fund, $840,000 shall be

21 derived from the Pipeline Safety Fund, and $193,000

22 shall be derived from the Harbor Maintenance Trust

23 Fund: Provided further, That in addition, for assessments

24 by the General Services Administration related to the

25 space needs of the Federal Highway Administration,
6

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1 $17,294,000 $17,192,000, to be derived from ‘‘Federal-aid

2 Highways’’, subject to the ‘‘Limitation on General Operat3 ing Expenses’’.

4 MINORITY BUSINESS RESOURCE CENTER PROGRAM

5 For the cost of direct loans, $1,500,000, as author6 ized by 49 U.S.C. 332: Provided, That such costs, includ7 ing the cost of modifying such loans, shall be as defined

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

9 Provided further, That these funds are available to sub10 sidize gross obligations for the principal amount of direct

11 loans not to exceed $15,000,000. In addition, for adminis12 trative expenses to carry out the direct loan program,

13 $400,000.

14 MINORITY BUSINESS OUTREACH

15 For necessary expenses of the Minority Business Re16 source Center outreach activities, $2,900,000, of which

17 $2,635,000 shall remain available until September 30,

18 1998: Provided, That notwithstanding 49 U.S.C. 332,

19 these funds may be used for business opportunities related

20 to any mode of transportation.

21 COAST GUARD

22 OPERATING EXPENSES

23 For necessary expenses for the operation and mainte24 nance of the Coast Guard, not otherwise provided for; pur25 chase of not to exceed five passenger motor vehicles for
7

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1 replacement only; payments pursuant to section 156 of

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

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

4 429(b)); and recreation and welfare; $2,609,100,000

5 $2,331,350,000, of which $25,000,000 shall be derived

6 from the Oil Spill Liability Trust Fund: Provided, That

7 the number of aircraft on hand at any one time shall not

8 exceed two hundred and eighteen, exclusive of aircraft and

9 parts stored to meet future attrition: Provided further,

10 That none of the funds appropriated in this or any other

11 Act shall be available for pay or administrative expenses

12 in connection with shipping commissioners in the United

13 States: Provided further, That none of the funds provided

14 in this Act shall be available for expenses incurred for

15 yacht documentation under 46 U.S.C. 12109, except to

16 the extent fees are collected from yacht owners and cred17 ited to this appropriation: Provided further, That the Com18 mandant shall reduce both military and civilian employ19 ment levels for the purpose of complying with Executive

20 Order No. 12839.

21 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

22 For necessary expenses of acquisition, construction,

23 renovation, and improvement of aids to navigation, shore

24 facilities, vessels, and aircraft, including equipment related

25 thereto, $358,000,000 $393,100,000, of which
8

•HR 3675 RS

1 $20,000,000 shall be derived from the Oil Spill Liability

2 Trust Fund; of which $205,600,000 $227,960,000 shall be

3 available to acquire, repair, renovate or improve vessels,

4 small boats and related equipment, to remain available

5 until September 30, 2001; $18,300,000 $19,040,000 shall

6 be available to acquire new aircraft and increase aviation

7 capability, to remain available until September 30, 1999;

8 $39,900,000 $46,200,000 shall be available for other

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

10 $47,950,000 $52,900,000 shall be available for shore facili11 ties and aids to navigation facilities, to remain available

12 until September 30, 1999; and $46,250,000 $47,000,000

13 shall remain available for personnel compensation and

14 benefits and related costs, to remain available until Sep15 tember 30, 1998: Provided, That funds received from the

16 sale of the VC–11A and HU–25 aircraft shall be credited

17 to this appropriation for the purpose of acquiring new air18 craft and increasing aviation capacity: Provided further,

19 That the Commandant may dispose of surplus real prop20 erty by sale or lease and the proceeds of such sale or lease

21 shall be credited to this appropriation:–Provided further,

22 That the property in Wildwood, New Jersey shall be dis23 posed of in a manner resulting in a final fiscal year 1997

24 appropriation estimated at $338,000,000: Provided fur25 ther, That none of the funds in this Act may be obligated
9

•HR 3675 RS

1 or expended to continue the ‘‘Vessel Traffic Service 2000’’

2 Program.

3 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

4 (RESCISSIONS)

5 Of the available balances under this heading provided

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

7 Of the available balances under this heading provided

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

9 ENVIRONMENTAL COMPLIANCE AND RESTORATION

10 For necessary expenses to carry out the Coast

11 Guard’s environmental compliance and restoration func12 tions under chapter 19 of title 14, United States Code,

13 $21,000,000 $23,000,000, to remain available until ex14 pended.

15 PORT SAFETY DEVELOPMENT

16 For necessary expenses for debt retirement of the Port

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

18 expended.

19 ALTERATION OF BRIDGES

20 For necessary expenses for alteration or removal of

21 obstructive bridges, $16,000,000 $10,000,000, to remain

22 available until expended.

23 RETIRED PAY

24 For retired pay, including the payment of obligations

25 therefor otherwise chargeable to lapsed appropriations for
10

•HR 3675 RS

1 this purpose, and payments under the Retired Service2 man’s Family Protection and Survivor Benefits Plans, and

3 for payments for medical care of retired personnel and

4 their dependents under the Dependents Medical Care Act

5 (10 U.S.C. ch. 55) $608,084,000.

6 RESERVE TRAINING

7 For all necessary expenses for the Coast Guard Re8 serve, as authorized by law; maintenance and operation

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

10 $65,890,000.

11 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

12 For necessary expenses, not otherwise provided for,

13 for applied scientific research, development, test, and eval14 uation; maintenance, rehabilitation, lease and operation of

15 facilities and equipment, as authorized by law,

16 $19,000,000 $19,550,000, to remain available until ex17 pended, of which $5,020,000 shall be derived from the Oil

18 Spill Liability Trust Fund: Provided, That there may be

19 credited to this appropriation funds received from State

20 and local governments, other public authorities, private

21 sources, and foreign countries, for expenses incurred for

22 research, development, testing, and evaluation.
11

•HR 3675 RS

1 BOAT SAFETY

2 (AQUATIC RESOURCES TRUST FUND)

3 For payment of necessary expenses incurred for rec4 reational boating safety assistance under Public Law 92–

5 75, as amended, $35,000,000 $10,000,000, to be derived

6 from the Boat Safety Account and to remain available

7 until expended.

8 FEDERAL AVIATION ADMINISTRATION

9 OPERATIONS

10 For necessary expenses of the Federal Aviation Ad11 ministration, not otherwise provided for, including oper12 ations and research activities related to commercial space

13 transportation, administrative expenses for research and

14 development, establishment of air navigation facilities and

15 the operation (including leasing) and maintenance of air16 craft, and carrying out the provisions of subchapter I of

17 chapter 471 of title 49, United States Code, or other pro18 visions of law authorizing the obligation of funds for simi19 lar programs of airport and airway development or im20 provement, lease or purchase of four passenger motor ve21 hicles for replacement only, $4,900,000,000

22 $4,899,957,000, of which $1,642,500,000 $2,742,602,000

23 shall be derived from the Airport and Airway Trust Fund:

24 Provided, That notwithstanding any other provision of

25 law, not to exceed $30,000,000 $75,000,000 from addi-
12

•HR 3675 RS

1 tional user fees to be established by the Administrator of

2 the Federal Aviation Administration shall be credited to

3 this appropriation as offsetting collections and used for

4 necessary and authorized expenses under this heading:

5 Provided further, That the sum herein appropriated from

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

7 basis as such offsetting collections are received during fis8 cal year 1997, to result in a final fiscal year 1997 appro9 priation from the general fund estimated at not more than

10 $2,127,398,000 $2,082,355,000:–Provided further, That

11 the only additional user fees authorized as offsetting col12 lections are fees for services provided to aircraft that nei13 ther take off from, nor land in, the United States: Pro14 vided further, That there may be credited to this appro15 priation, funds received from States, counties, municipali16 ties, foreign authorities, other public authorities, and pri17 vate sources, for expenses incurred in the provision of

18 agency services, including receipts for the maintenance

19 and operation of air navigation facilities and, for issuance,

20 renewal or modification of certificates, including airman,

21 aircraft, and repair station certificates, or for tests related

22 thereto, or for processing major repair or alteration forms:

23 Provided further, That funds may be used to enter into

24 a grant agreement with a nonprofit standard setting orga25 nization to assist in the development of aviation safety
13

•HR 3675 RS

1 standards: Provided further, That none of the funds in this

2 Act shall be available for new applicants for the second

3 career training program: Provided further, That none of

4 the funds in this Act shall be available for paying premium

5 pay under 5 U.S.C. 5546(a) to any Federal Aviation Ad6 ministration employee unless such employee actually per7 formed work during the time corresponding to such pre8 mium pay: Provided further, That none of the funds in

9 this Act may be obligated or expended to operate a

10 manned auxiliary flight service station in the contiguous

11 United States: Provided further, That none of the funds

12 derived from the Airport and Airway Trust Fund may be

13 used to support the operations and activities of the Associ14 ate Administrator for Commercial Space Transportation.

15 FACILITIES AND EQUIPMENT

16 (AIRPORT AND AIRWAY TRUST FUND)

17 For necessary expenses, not otherwise provided for,

18 for acquisition, establishment, and improvement by con19 tract or purchase, and hire of air navigation and experi20 mental facilities and equipment as authorized under part

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

22 initial acquisition of necessary sites by lease or grant; en23 gineering and service testing, including construction of

24 test facilities and acquisition of necessary sites by lease

25 or grant; and construction and furnishing of quarters and
14

•HR 3675 RS

1 related accommodations for officers and employees of the

2 Federal Aviation Administration stationed at remote local3 ities where such accommodations are not available; and

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

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

6 and Airway Trust Fund, $1,800,000,000 $1,788,700,000,

7 of which $1,583,000,000 $1,571,700,000 shall remain

8 available until September 30, 1999, and of which

9 $217,000,000 shall remain available until September 30,

10 1997: Provided, That there may be credited to this appro11 priation funds received from States, counties, municipali12 ties, other public authorities, and private sources, for ex13 penses incurred in the establishment and modernization

14 of air navigation facilities.

15 RESEARCH, ENGINEERING, AND DEVELOPMENT

16 (AIRPORT AND AIRWAY TRUST FUND)

17 For necessary expenses, not otherwise provided for,

18 for research, engineering, and development, as authorized

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

20 Code, including construction of experimental facilities and

21 acquisition of necessary sites by lease or grant,

22 $185,000,000 $187,000,000, to be derived from the Air23 port and Airway Trust Fund and to remain available until

24 September 30, 1999: Provided, That there may be credited

25 to this appropriation funds received from States, counties,
15

•HR 3675 RS

1 municipalities, other public authorities, and private

2 sources, for expenses incurred for research, engineering,

3 and development.

4 GRANTS-IN-AID FOR AIRPORTS

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (AIRPORT AND AIRWAY TRUST FUND)

7 For liquidation of obligations incurred for grants-in8 aid for airport planning and development, and for noise

9 compatibility planning and programs as authorized under

10 subchapter I of chapter 471 and subchapter I of chapter

11 475 of title 49, United States Code, and under other law

12 authorizing such obligations, $1,500,000,000, to be de13 rived from the Airport and Airway Trust Fund and to re14 main available until expended: Provided, That none of the

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

16 execution of programs the obligations for which are in ex17 cess of $1,300,000,000 $1,460,000,000 in fiscal year 1997

18 for grants-in-aid for airport planning and development,

19 and noise compatibility planning and programs, notwith20 standing section 47117(h) of title 49, United States Code.

21 AVIATION INSURANCE REVOLVING FUND

22 The Secretary of Transportation is hereby authorized

23 to make such expenditures and investments, within the

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

25 in accordance with section 104 of the Government Cor-
16

•HR 3675 RS

1 poration Control Act, as amended (31 U.S.C. 9104), as

2 may be necessary in carrying out the program for aviation

3 insurance activities under chapter 443 of title 49, United

4 States Code.

5 AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM

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

7 activities under this heading during fiscal year 1997.

8 ADMINISTRATIVE SERVICES FRANCHISE FUND

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

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

11 capitalizing and operating such administrative services as

12 the FAA Administrator determines may be performed more

13 advantageously as centralized services, including account14 ing, international training, payroll, travel, duplicating,

15 multimedia and information technology services: Provided,

16 That any inventories, equipment, and other assets pertain17 ing to the services to be provided by such fund, either on

18 hand or on order, less the related liabilities or unpaid obli19 gations, and any appropriations made prior to the current

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

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

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

23 other Federal agencies for which such centralized services

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

25 of operation, including accrued leave, depreciation of fund
17

•HR 3675 RS

1 plant and equipment, amortization of Automated Data

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

3 donated), and an amount necessary to maintain a reason4 able operating reserve, as determined by the FAA Adminis5 trator: Provided further, That such fund shall provide serv6 ices on a competitive basis: Provided further, That an

7 amount not to exceed four percent of the total annual in8 come to such fund may be retained in the fund for fiscal

9 year 1997 and each year thereafter, to remain available

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

11 equipment and for the improvement and implementation

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

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

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

15 limitation shall be transferred to miscellaneous receipts in

16 the Treasury.

17 FEDERAL HIGHWAY ADMINISTRATION

18 LIMITATION ON GENERAL OPERATING EXPENSES

19 Necessary expenses for administration, operation, in20 cluding motor carrier safety program operations, and re21 search of the Federal Highway Administration not to ex22 ceed $510,981,000 $534,846,000 shall be paid in accord23 ance with law from appropriations made available by this

24 Act to the Federal Highway Administration together with

25 advances and reimbursements received by the Federal
18

•HR 3675 RS

1 Highway Administration: Provided, That $214,698,000

2 $234,840,000 of the amount provided herein shall remain

3 available until September 30, 1999.

4 HIGHWAY-RELATED SAFETY GRANTS

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (HIGHWAY TRUST FUND)

7 For payment of obligations incurred in carrying out

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

9 administered by the Federal Highway Administration, to

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

11 from the Highway Trust Fund.

12 FEDERAL-AID HIGHWAYS

13 (LIMITATION ON OBLIGATIONS)

14 (HIGHWAY TRUST FUND)

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

16 the implementation or execution of programs the obliga17 tions for which are in excess of $17,550,000,000

18 $17,650,000,000 for Federal-aid highways and highway

19 safety construction programs for fiscal year 1997.

20 FEDERAL-AID HIGHWAYS

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (HIGHWAY TRUST FUND)

23 For carrying out the provisions of title 23, United

24 States Code, that are attributable to Federal-aid high25 ways, including the National Scenic and Recreational
19

•HR 3675 RS

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

2 provided, including reimbursements for sums expended

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

4 $19,800,000,000 or so much thereof as may be available

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

6 available until expended.

7 RIGHT-OF-WAY REVOLVING FUND

8 (LIMITATION ON DIRECT LOANS)

9 (HIGHWAY TRUST FUND)

10 None of the funds under this head are available for

11 net obligations for right-of-way acquisition during fiscal

12 year 1997.

13 MOTOR CARRIER SAFETY GRANTS

14 (LIQUIDATION OF CONTRACT AUTHORIZATION)

15 (HIGHWAY TRUST FUND)

16 For payment of obligations incurred in carrying out

17 49 U.S.C. 31102, $74,000,000, to be derived from the

18 Highway Trust Fund and to remain available until ex19 pended: Provided, That none of the funds in this Act shall

20 be available for the implementation or execution of pro21 grams the obligations for which are in excess of

22 $77,425,000 $79,000,000 for ‘‘Motor Carrier Safety

23 Grants’’.
20

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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.
21

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1 NATIONAL HIGHWAY TRAFFIC SAFETY

2 ADMINISTRATION

3 OPERATIONS AND RESEARCH

4 For expenses necessary to discharge the functions of

5 the Secretary with respect to traffic and highway safety

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

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

8 $81,895,000 $80,000,000, of which $45,646,000 shall re9 main available until September 30, 1999: Provided, That

10 none of the funds appropriated by this Act may be obli11 gated or expended to plan, finalize, or implement any rule12 making to add to section 575.104 of title 49 of the Code

13 of Federal Regulations any requirement pertaining to a

14 grading standard that is different from the three grading

15 standards (treadwear, traction, and temperature resist16 ance) already in effect.

17 OPERATIONS AND RESEARCH

18 (HIGHWAY TRUST FUND)

19 For expenses necessary to discharge the functions of

20 the Secretary with respect to traffic and highway safety

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

22 Surface Transportation Efficiency Act of 1991 (Public

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

24 Fund, $50,377,000 $53,195,000, of which $27,066,000

25 shall remain available until September 30, 1999.
22

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1 HIGHWAY TRAFFIC SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (HIGHWAY TRUST FUND)

4 For payment of obligations incurred carrying out the

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

6 303 of title 49, United States Code, and section 209 of

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

8 expended, $167,100,000 $169,100,000, to be derived from

9 the Highway Trust Fund: Provided, That, notwithstand10 ing subsection 2009(b) of the Intermodal Surface Trans11 portation Efficiency Act of 1991, none of the funds in this

12 Act shall be available for the planning or execution of pro13 grams the total obligations for which, in fiscal year 1997,

14 are in excess of $167,100,000 $169,100,000 for programs

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

16 of which $127,700,000 $129,700,000 shall be for ‘‘State

17 and community highway safety grants’’, $2,400,000 shall

18 be for the ‘‘National Driver Register’’, $11,000,000

19 $12,000,000 shall be for highway safety grants as author20 ized by section 1003(a)(7) of Public Law 102–240, and

21 $26,000,000 $25,000,000 shall be for section 410 ‘‘Alco22 hol-impaired driving counter-measures programs’’: Pro23 vided further, That none of these funds shall be used for

24 construction, rehabilitation or remodeling costs, or for of25 fice furnishings and fixtures for State, local, or private
23

•HR 3675 RS

1 buildings or structures: Provided further, That not to ex2 ceed $5,268,000 $5,468,000 of the funds made available

3 for section 402 may be available for administering ‘‘State

4 and community highway safety grants’’: Provided further,

5 That not to exceed $150,000 of the funds made available

6 for section 402 may be available for administering the

7 highway safety grants authorized by section 1003(a)(7) of

8 Public Law 102–240: Provided further, That the unobli9 gated balances of the appropriation ‘‘Highway-Related

10 Safety Grants’’ shall be transferred to and merged with

11 this ‘‘Highway Traffic Safety Grants’’ appropriation: Pro12 vided further, That not to exceed $500,000 of the funds

13 made available for section 410 ‘‘Alcohol-impaired driving

14 counter-measures programs’’ shall be available for tech15 nical assistance to the States.

16 FEDERAL RAILROAD ADMINISTRATION

17 OFFICE OF THE ADMINISTRATOR

18 For necessary expenses of the Federal Railroad Ad19 ministration, not otherwise provided for, $16,469,000

20 $16,739,000, of which $1,523,000 shall remain available

21 until expended: Provided, That none of the funds in this

22 Act shall be available for the planning or execution of a

23 program making commitments to guarantee new loans

24 under the Emergency Rail Services Act of 1970, as

25 amended, and no new commitments to guarantee loans
24

•HR 3675 RS

1 under section 211(a) or 211(h) of the Regional Rail Reor2 ganization Act of 1973, as amended, shall be made: Pro3 vided further, That, as part of the Washington Union Sta4 tion transaction in which the Secretary assumed the first

5 deed of trust on the property and, where the Union Sta6 tion Redevelopment Corporation or any successor is obli7 gated to make payments on such deed of trust on the Sec8 retary’s behalf, including payments on and after Septem9 ber 30, 1988, the Secretary is authorized to receive such

10 payments directly from the Union Station Redevelopment

11 Corporation, credit them to the appropriation charged for

12 the first deed of trust, and make payments on the first

13 deed of trust with those funds: Provided further, That such

14 additional sums as may be necessary for payment on the

15 first deed of trust may be advanced by the Administrator

16 from unobligated balances available to the Federal Rail17 road Administration, to be reimbursed from payments re18 ceived from the Union Station Redevelopment Corpora19 tion.

20 RAILROAD SAFETY

21 For necessary expenses in connection with railroad

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

23 $2,476,000 shall remain available until expended: Pro24 vided, That notwithstanding any other law, funds appro25 priated under this heading are available for the reimburse-
25

•HR 3675 RS

1 ment of out-of-state travel and per diem costs incurred

2 by employees of state governments directly supporting the

3 Federal railroad safety program, including regulatory de4 velopment and compliance-related activities.

5 RAILROAD RESEARCH AND DEVELOPMENT

6 For necessary expenses for railroad research and de7 velopment, $20,341,000 $20,000,000, to remain available

8 until expended.

9 NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

10 For necessary expenses related to Northeast Corridor

11 improvements authorized by title VII of the Railroad Revi12 talization and Regulatory Reform Act of 1976, as amended

13 (45 U.S.C. 851 et seq.) and 49 U.S.C. 24909, $200,000,000,

14 to remain available until September 30, 1999.

15 HIGH-SPEED RAIL TRAINSETS AND FACILITIES

16 For the National Railroad Passenger Corporation,

17 $80,000,000, to remain available until September 30,

18 1999, to pursue public/private partnerships for high-speed

19 rail trainset and maintenance facility financing arrange20 ments.

21 RAILROAD REHABILITATION AND IMPROVEMENT

22 PROGRAM

23 The Secretary of Transportation is authorized to

24 issue to the Secretary of the Treasury notes or other obli25 gations pursuant to section 512 of the Railroad Revitaliza-
26

•HR 3675 RS

1 tion and Regulatory Reform Act of 1976 (Public Law 94–

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

3 may be necessary to pay any amounts required pursuant

4 to the guarantee of the principal amount of obligations

5 under sections 511 through 513 of such Act, such author6 ity to exist as long as any such guaranteed obligation is

7 outstanding: Provided, That no new loan guarantee com8 mitments shall be made during fiscal year 1997.

9 NEXT GENERATION HIGH-SPEED RAIL

10 For necessary expenses for Next Generation High11 Speed Rail studies, corridor planning, development, dem12 onstration, and implementation, $19,757,000 $26,525,000,

13 to remain available until expended: Provided, That funds

14 under this head may be made available for grants to

15 States for high-speed rail corridor design, feasibility stud16 ies, environmental analyses, and track and signal track,

17 signal and station improvements.

18 TRUST FUND SHARE OF NEXT GENERATION HIGH19 SPEED RAIL

20 (LIQUIDATION OF CONTRACT AUTHORIZATION)

21 (HIGHWAY TRUST FUND)

22 For grants and payment of obligations incurred in car23 rying out the provisions of the High-Speed Ground Trans24 portation program as defined in subsections 1036(c) and

25 1036(d)(1)(B) of the Intermodal Surface Transportation
27

•HR 3675 RS

1 Efficiency Act of 1991, including planning and environ2 mental analyses, $2,855,000, to be derived from the High3 way Trust Fund and to remain available until expended.

4 ALASKA RAILROAD REHABILITATION

5 To enable the Secretary of Transportation to make

6 grants to the Alaska Railroad, $10,000,000 shall be for cap7 ital rehabilitation and improvements benefiting its pas8 senger operations.

9 RHODE ISLAND RAIL DEVELOPMENT

10 For the costs associated with construction of a third

11 track on the Northeast Corridor between Davisville and

12 Central Falls, Rhode Island, with sufficient clearance to

13 accommodate double stack freight cars, $4,000,000

14 $10,000,000 to be matched by the State of Rhode Island

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

16 available until expended: Provided, That as a condition of

17 accepting such funds, the Providence and Worcester

18 (P&W) Railroad shall enter into an agreement with the

19 Secretary to reimburse Amtrak and/or the Federal Rail20 road Administration, on a dollar for dollar basis, up to

21 the first $10,000,000 $16,000,000 in damages resulting

22 from the legal action initiated by the P&W Railroad under

23 its existing contracts with Amtrak relating to the provision

24 of vertical clearances between Davisville and Central Falls

25 in excess of those required for present freight operations.
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1 DIRECT LOAN FINANCING PROGRAM

2 Notwithstanding any other provision of law,

3 $58,680,000, for direct loans not to exceed $400,000,000

4 consistent with the purposes of section 505 of the Railroad

5 Revitalization and Regulatory Reform Act of 1976 (45

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

7 Alameda Corridor Transportation Authority to continue

8 the Alameda Corridor Project, including replacement of

9 at-grade rail lines with a below-grade corridor and widen10 ing of the adjacent major highway: Provided, That loans

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

12 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

13 Provided further, That any loan authorized under this sec14 tion shall be structured with a maximum 30-year repay15 ment after completion of construction at an annual inter16 est rate of not to exceed the 30-year United States Treas17 ury rate and on such terms and conditions as deemed ap18 propriate by the Secretary of Transportation: Provided

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

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

21 Corridor Transportation Authority shall be deemed to be

22 a financially responsible person for purposes of section

23 505 of the Act.
29

•HR 3675 RS

1 GRANTS TO THE NATIONAL RAILROAD PASSENGER

2 CORPORATION

3 To enable the Secretary of Transportation to make

4 grants to the National Railroad Passenger Corporation

5 authorized by 49 U.S.C. 24104, $462,000,000

6 $592,000,000, to remain available until expended, of which

7 $342,000,000 shall be available for operating losses and

8 for mandatory passenger rail service payments, and

9 $120,000,000 $250,000,000 shall be for capital improve10 ments: Provided, That funding under this head for capital

11 improvements shall not be made available before July 1,

12 1997: Provided further, That none of the funds herein ap13 propriated shall be used for lease or purchase of passenger

14 motor vehicles or for the hire of vehicle operators for any

15 officer or employee, other than the president of the Cor16 poration, excluding the lease of passenger motor vehicles

17 for those officers or employees while in official travel sta18 tus.

19 FEDERAL TRANSIT ADMINISTRATION

20 ADMINISTRATIVE EXPENSES

21 For necessary administrative expenses of the Federal

22 Transit Administration’s programs authorized by chapter

23 53 of title 49, United States Code, $41,367,000

24 $42,147,000.
30

•HR 3675 RS

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 $218,335,000: Provided, That no

5 more than $2,052,925,000 $2,149,185,000 of budget au6 thority shall be available for these purposes: Provided fur7 ther, That, notwithstanding any other provision of law, of

8 the funds provided under this head for formula grants,

9 no more than $400,000,000 may be used for operating

10 assistance under 49 U.S.C. 5336(d): Provided further,

11 That the limitation on operating assistance provided under

12 this heading shall, for urbanized areas of less than

13 200,000 in population, be no less than seventy-five percent

14 of the amount of operating assistance such areas are eligi15 ble to receive under Public Law 103–331: Provided fur16 ther, That in the distribution of the limitation provided

17 under this heading to urbanized areas that had a popu18 lation under the 1990 census of 1,000,000 or more, the

19 Secretary shall direct each such area to give priority con20 sideration to the impact of reductions in operating assist21 ance on smaller transit authorities operating within the

22 area and to consider the needs and resources of such tran23 sit authorities when the limitation is distributed among

24 all transit authorities operating in the area.
31

•HR 3675 RS

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
32

•HR 3675 RS

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

10 $1,900,000,000 in fiscal year 1997 for grants under the

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

12 notwithstanding any provision of law, there shall be avail13 able for fixed guideway modernization, $666,000,000

14 $725,000,000; there shall be available for the replacement,

15 rehabilitation, and purchase of buses and related equip16 ment and the construction of bus-related facilities,

17 $333,000,000 $375,000,000; and, notwithstanding any

18 other provision of law, except for fixed guideway mod19 ernization projects, $10,510,000 $8,890,000 made avail20 able under Public Law 102–240 and Public Law 102–143

21 under ‘‘Federal Transit Administration, Discretionary

22 Grants’’ for projects specified in those Acts or identified

23 in reports accompanying those Acts, not obligated by Sep24 tember 30, 1996; together with, notwithstanding any other

25 provision of law, $744,000 funds made available for the
33

•HR 3675 RS

1 ‘‘New Bedford and Fall River Massachusetts commuter

2 rail extension’’ under Public Law 103–331; together with,

3 notwithstanding any other provision of law, $47,322,000

4 funds made available for the ‘‘Chicago Central Area

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

6 Law 103–331, shall be made available for new fixed guide7 way systems together with the $666,000,000 $800,000,000

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

9 to be available as follows:

10 $6,390,000 for the Alaska-Hollis to Ketchikan

11 ferry project;

12 $66,820,000 $62,000,000 for the Atlanta-North

13 Springs project;

14 $10,260,000 $5,000,000 for the Baltimore-LRT

15 Extension project;

16 $40,181,000 $30,000,000 for the Boston Piers17 MOS–2 project;

18 $2,000,000 for the Burlington-Charlotte, Vermont

19 commuter rail project;

20 $5,500,000 for the Canton-Akron-Cleveland

21 commuter rail project;

22 $25,000,000, $20,000,000 notwithstanding any

23 other provision of law, for transit improvements in

24 the Chicago downtown area;
34

•HR 3675 RS

1 $3,000,000 for the Cincinnati Northeast-North2 ern Kentucky rail line project;

3 $10,000,000 $12,000,000 for the DART North

4 Central light rail extension project;

5 $12,500,000 $18,000,000 for the Dallas-Fort

6 Worth RAILTRAN project;

7 $1,000,000 for the DeKalb County, Georgia

8 light rail project;

9 $3,000,000 for the Denver Southwest Corridor

10 project;

11 $9,000,000 $20,000,000 for the Florida Tri12 County commuter rail project;

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

14 $40,590,000 $24,000,000 for the Houston Re15 gional Bus project;

16 $7,400,000 for the Jackson, Mississippi Inter17 modal Corridor;

18 $15,300,000 for the Jacksonville ASE extension

19 project;

20 $1,500,000 $3,600,000 for the Kansas City

21 Southtown corridor project;

22 $6,000,000 for the Little Rock, Arkansas Junc23 tion Bridge project;

24 $90,000,000 $55,000,000 for the Los Angeles25 MOS–3 project;
35

•HR 3675 RS

1 $1,500,000 for the Los Angeles-San Diego com2 muter rail project;

3 $27,000,000 $50,000,000 for the MARC Com4 muter Rail Improvements project;

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

6 corridor, Florida project;

7 $1,000,000 for the Miami-North 27th Avenue

8 project;

9 $2,000,000 $6,400,000 for the Memphis, Ten10 nessee Regional Rail Plan;

11 $4,240,000 for the Morgantown, West Virginia

12 Personal Rapid Transit System;

13 $10,000,000 for the New Jersey Urban Core/

14 Hudson-Bergen LRT project;

15 $105,530,000 for the New Jersey Urban Core/

16 Secaucus project;

17 $1,000,000 for the New Jersey West Trenton

18 commuter rail project;

19 $8,000,000 $10,000,000 for the New Orleans

20 Canal Street Corridor project;

21 $2,000,000 for the New Orleans Desire Street22 car project;

23 $35,020,000 for the New York-Queens Connec24 tion project;
36

•HR 3675 RS

1 $500,000 for the Northern Indiana commuter

2 rail project;

3 $10,000,000 for the Oklahoma City, MAPS cor4 ridor transit system;

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

6 project;

7 $2,000,000 for the Orlando Lynx light rail

8 project;

9 $15,100,000 for the Pittsburgh Airport busway

10 project;

11 $6,000,000 for the Portland South/North light

12 rail transit project;

13 $90,000,000 $138,000,000 for the Portland14 Westside/Hillsboro Extension project;

15 $5,000,000 for the Research Triangle Park,

16 North Carolina regional transit plan;

17 $6,000,000 $7,000,000 for the Sacramento LRT

18 Extension project;

19 $20,000,000 $58,000,000 for the Salt Lake

20 City-South LRT project,–of which not less than

21 $10,000,000 shall be available only for high-occu22 pancy vehicle lane and corridor design costs;

23 $30,000,000 for St. Louis Metrolink;

24 $20,000,000 $45,000,000 for the St. Louis-St.

25 Clair Extension project;
37

•HR 3675 RS

1 $35,000,000 $20,000,000 for the San Francisco

2 Area-BART airport extension/San Jose Tasman

3 West LRT projects;

4 $3,000,000 for the San Diego-Mid-Coast Cor5 ridor project;

6 $9,500,000 for the San Juan Tren Urbano

7 project;

8 $5,000,000 for the Seattle-Renton-Tacoma light

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

16 $2,500,000 $5,000,000 for the Whitehall ferry

17 terminal, New York, New York.

18 MASS TRANSIT CAPITAL FUND

19 (LIQUIDATION OF CONTRACT AUTHORIZATION)

20 (HIGHWAY TRUST FUND)

21 For payment of obligations incurred in carrying out

22 49 U.S.C. 5338(b) administered by the Federal Transit

23 Administration, $2,000,000,000 $2,300,000,000, to be de24 rived from the Highway Trust Fund and to remain avail25 able until expended.
38

•HR 3675 RS

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 $10,337,000, to be derived from the Harbor
39

•HR 3675 RS

1 Maintenance Trust Fund, pursuant to Public Law 99–

2 662.

3 RESEARCH AND SPECIAL PROGRAMS

4 ADMINISTRATION

5 RESEARCH AND SPECIAL PROGRAMS

6 For expenses necessary to discharge the functions of

7 the Research and Special Programs Administration,

8 $23,929,000 $27,675,000, of which $574,000 shall be de9 rived from the Pipeline Safety Fund, and of which

10 $7,101,000 shall remain available until September 30,

11 1999: Provided, That up to $1,200,000 in fees collected

12 under 49 U.S.C. 5108(g) shall be deposited in the general

13 fund of the Treasury as offsetting receipts: Provided fur14 ther, That there may be credited to this appropriation

15 funds received from States, counties, municipalities, other

16 public authorities, and private sources for expenses in17 curred for training, for reports publication and dissemina18 tion.

19 PIPELINE SAFETY

20 (PIPELINE SAFETY FUND)

21 For expenses necessary to conduct the functions of the

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

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

24 60107, and to discharge the pipeline program responsibil25 ities of the Oil Pollution Act of 1990, $30,988,000
40

•HR 3675 RS

1 $31,278,000, of which $2,528,000 shall be derived from

2 the Oil Spill Liability Trust Fund and shall remain avail3 able until September 30, 1999; and of which $28,460,000

4 $28,750,000 shall be derived from the Pipeline Safety

5 Fund, of which $15,500,000 shall remain available until

6 September 30, 1999: Provided, That in addition to

7 amounts made available for the Pipeline Safety Fund,

8 $1,000,000 shall be available for grants to States for the

9 development and establishment of one-call notification sys10 tems and shall be derived from amounts previously col11 lected under section 7005 of the Consolidated Omnibus

12 Budget Reconciliation Act of 1985.

13 EMERGENCY PREPAREDNESS GRANTS

14 (EMERGENCY PREPAREDNESS FUND)

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

16 $200,000, to be derived from the Emergency Prepared17 ness Fund, to remain available until September 30, 1999:

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

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

20 obligation by individuals other than the Secretary of

21 Transportation, or his designee.

22 OFFICE OF INSPECTOR GENERAL

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of Inspector Gen25 eral to carry out the provisions of the Inspector General
41

•HR 3675 RS

1 Act of 1978, as amended, $39,450,000 $39,700,000: Pro2 vided, That none of the funds under this heading shall

3 be for the conduct of contract audits of which $1,900,000

4 shall be for the conduct of contract audits.

5 SURFACE TRANSPORTATION BOARD

6 SALARIES AND EXPENSES

7 For necessary expenses of the Surface Transpor8 tation Board, including services authorized by 5 U.S.C.

9 3109, $12,344,000: Provided, That $3,000,000 in fees col10 lected in fiscal year 1997 by the Surface Transportation

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

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

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

14 year 1997 shall remain available until expended, but shall

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

16 TITLE II

17 RELATED AGENCIES

18 ARCHITECTURAL AND TRANSPORTATION

19 BARRIERS COMPLIANCE BOARD

20 SALARIES AND EXPENSES

21 For expenses necessary for the Architectural and

22 Transportation Barriers Compliance Board, as authorized

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

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

25 any other provision of law, there may be credited to this
42

•HR 3675 RS

1 appropriation funds received for publications and training

2 expenses.

3 NATIONAL TRANSPORTATION SAFETY BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the National Transpor6 tation Safety Board, including hire of passenger motor ve7 hicles and aircraft; services as authorized by 5 U.S.C.

8 3109, but at rates for individuals not to exceed the per

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

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

11 5901–5902), $42,407,000, of which not to exceed $2,000

12 may be used for official reception and representation ex13 penses.

14 TITLE III—GENERAL PROVISIONS

15 (INCLUDING TRANSFERS OF FUNDS)

16 SEC. 301. During the current fiscal year applicable

17 appropriations to the Department of Transportation shall

18 be available for maintenance and operation of aircraft;

19 hire of passenger motor vehicles and aircraft; purchase of

20 liability insurance for motor vehicles operating in foreign

21 countries on official department business; and uniforms,

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

23 5901–5902).

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

25 year 1997 pay raises for programs funded in this Act shall
43

•HR 3675 RS

1 be absorbed within the levels appropriated in this Act or

2 previous appropriations Acts.

3 SEC. 303. Funds appropriated under this Act for ex4 penditures by the Federal Aviation Administration shall

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

6 VIII of the Elementary and Secondary Education Act of

7 1965, 20 U.S.C. 7701, et seq., for expenses of primary

8 and secondary schooling for dependents of Federal Avia9 tion Administration personnel stationed outside the con10 tinental United States at costs for any given area not in

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

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

13 schools, if any, available in the locality are unable to pro14 vide adequately for the education of such dependents, and

15 (2) for transportation of said dependents between schools

16 serving the area that they attend and their places of resi17 dence when the Secretary, under such regulations as may

18 be prescribed, determines that such schools are not acces19 sible by public means of transportation on a regular basis.

20 SEC. 304. Appropriations contained in this Act for

21 the Department of Transportation shall be available for

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

23 individuals not to exceed the per diem rate equivalent to

24 the rate for an Executive Level IV.
44

•HR 3675 RS

1 SEC. 305. None of the funds in this Act shall be avail2 able for salaries and expenses of more than one hundred

3 seven political and Presidential appointees in the Depart4 ment of Transportation: Provided, That none of the per5 sonnel covered by this provision may be assigned on tem6 porary detail outside the Department of Transportation.

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

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

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

10 intervening in regulatory or adjudicatory proceedings

11 funded in this Act.

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

13 shall remain available for obligation beyond the current

14 fiscal year, nor may any be transferred to other appropria15 tions, unless expressly so provided herein.

16 SEC. 308. The Secretary of Transportation may enter

17 into grants, cooperative agreements, and other trans18 actions with any person, agency, or instrumentality of the

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

20 educational institution, and any other entity in execution

21 of the Technology Reinvestment Project authorized under

22 the Defense Conversion, Reinvestment and Transition As23 sistance Act of 1992 and related legislation: Provided,

24 That the authority provided in this section may be exer-
45

•HR 3675 RS

1 cised without regard to section 3324 of title 31, United

2 States Code.

3 SEC. 309. The expenditure of any appropriation

4 under this Act for any consulting service through procure5 ment contract pursuant to section 3109 of title 5, United

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

7 expenditures are a matter of public record and available

8 for public inspection, except where otherwise provided

9 under existing law, or under existing Executive order is10 sued pursuant to existing law.

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

12 Transportation shall distribute the obligation limitation

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

14 sums authorized to be appropriated for Federal-aid high15 ways that are apportioned or allocated to each State for

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

17 to be appropriated for Federal-aid highways that are ap18 portioned or allocated to all the States for such fiscal year.

19 (b) During the period October 1 through December

20 31, 1996, no State shall obligate more than 25 per centum

21 of the amount distributed to such State under subsection

22 (a), and the total of all State obligations during such pe23 riod shall not exceed 12 per centum of the total amount

24 distributed to all States under such subsection.
46

•HR 3675 RS

1 (c) Notwithstanding subsections (a) and (b), the Sec2 retary shall—

3 (1) provide all States with authority sufficient

4 to prevent lapses of sums authorized to be appro5 priated for Federal-aid highways that have been ap6 portioned to a State;

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

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

9 a State will not obligate the amount distributed dur10 ing that fiscal year and redistribute sufficient

11 amounts to those States able to obligate amounts in

12 addition to those previously distributed during that

13 fiscal year giving priority to those States having

14 large unobligated balances of funds apportioned

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

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

17 1015 of Public Law 102–240; and

18 (3) not distribute amounts authorized for ad19 ministrative expenses and funded from the adminis20 trative takedown authorized by section 104(a), title

21 23 U.S.C., the Federal lands highway program, pro22 gram; the intelligent transportation systems pro23 gram, and program; amounts made available under

24 sections 1040, 1047, 1064, 6001, 6005, 6006, 6023,

25 and 6024 of Public Law 102–240, and 49 U.S.C.
47

•HR 3675 RS

1 5316, 5317, and 5338; $5,000,000 for activities au2 thorized by section 140(b) of title 23, United States

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

4 1012(b) of Public Law 102–240; and $50,000,000 of

5 the obligation limitation established by this Act for

6 Federal-aid highways and highway safety construc7 tion: Provided, That $15,000,000 of such undistrib8 uted obligation limitation shall be available for ad9 ministrative costs and allocation to States under sec10 tion 104(I) of title 23, United States Code;

11 $30,000,000 shall be available for allocation to States

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

13 and $5,000,000 shall be available for administrative

14 costs and allocation to States under section 1302(d)

15 of the Symms National Recreational Trails Act of

16 1991: Provided Provided further, That amounts made

17 available under section 6005 of Public Law 102–240

18 shall be subject to the obligation limitation for Fed19 eral-aid highways and highway safety construction

20 programs under the head ‘‘Federal-Aid Highways’’

21 in this Act.

22 (d) During the period October 1 through December

23 31, 1996, the aggregate amount of obligations under sec24 tion 157 of title 23, United States Code, for projects cov25 ered under section 147 of the Surface Transportation As-
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1 sistance Act of 1978, section 9 of the Federal-Aid High2 way Act of 1981, sections 131(b), 131(j), and 404 of Pub3 lic Law 97–424, sections 1061, 1103 through 1108, 4008,

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

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

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

7 (e) During the period August 2 through September

8 30, 1997, the aggregate amount which may be obligated

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

10 amount of funds apportioned or allocated to all States—

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

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

13 Law 102–240, and

14 (2) for highway assistance projects under sec15 tion 103(e)(4) of title 23, United States Code,

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

17 total amount of the obligation limitation provided for such

18 fiscal year in this Act were utilized.

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

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

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

22 reduced under paragraph (c)(2).

23 (g) INCREASE IN ADMINISTRATIVE TAKEDOWN.—

24 (1) IN GENERAL.—Notwithstanding any other

25 provision of law, for fiscal year 1997 only, whenever
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1 an allocation is made of the sums authorized to be

2 appropriated for expenditure on the Federal lands

3 highways program, and whenever an apportionment

4 is made of the sums authorized to be appropriated for

5 expenditure on the surface transportation program,

6 the congestion mitigation and air quality improve7 ment program, the National Highway System, the

8 Interstate maintenance program, the Interstate reim9 bursement program, the highway bridge replacement

10 and rehabilitation program, and the donor State

11 bonus program, the Secretary of Transportation shall

deduct a sum in such amount not to exceed 43 12 ⁄4 per

13 centum of all sums to be authorized as the Secretary

14 may determine necessary for administering the provi15 sions of law to be financed from appropriations for

16 the Federal-Aid Highway Program and for carrying

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

18 of section 307 of title 23, United States Code. In mak19 ing such determination, the Secretary shall take into

20 account the unobligated balance of any sums deducted

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

22 shall remain available until expended.

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

24 Transportation in accordance with this Act shall be

25 deemed to be a deduction under 23 U.S.C. § 104(a).
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1 SEC. 311. The limitation on obligations for the pro2 grams of the Federal Transit Administration shall not

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

4 made available for obligation, or to any other authority

5 previously made available for obligation under the discre6 tionary grants program.

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

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

9 SEC. 313. None of the funds in this Act shall be avail10 able to plan, finalize, or implement regulations that would

11 establish a vessel traffic safety fairway less than five miles

12 wide between the Santa Barbara Traffic Separation

13 Scheme and the San Francisco Traffic Separation

14 Scheme.

15 SEC. 314. Notwithstanding any other provision of

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

17 Federal Aviation Administration (FAA) instrument land18 ing systems (along with associated approach lighting

19 equipment and runway visual range equipment) which

20 conform to FAA design and performance specifications,

21 the purchase of which was assisted by a Federal airport

22 aid program, airport development aid program or airport

23 improvement program grant. The FAA shall accept such

24 equipment, which shall thereafter be operated and main25 tained by the FAA in accordance with agency criteria.
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1 SEC. 315. None of the funds in this Act shall be avail2 able to award a multiyear contract for production end

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

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

5 in any one year of the contract or (2) includes a cancella6 tion charge greater than $10,000,000 which at the time

7 of obligation has not been appropriated to the limits of

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

9 that permits performance under the contract during the

10 second and subsequent years of the contract without con11 ditioning such performance upon the appropriation of

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

13 contract in which the Federal Government incurs no fi14 nancial liability from not buying additional systems, sub15 systems, or components beyond the basic contract require16 ments.

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

18 shall be made available for planning and executing a pas19 senger manifest program by the Department of Transpor20 tation that only applies to United States flag carriers.

21 SEC. 317. Notwithstanding any other provision of

22 law, and except for fixed guideway modernization projects,

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

24 Administration, Discretionary grants’’ for projects speci25 fied in this Act or identified in reports accompanying this
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1 Act not obligated by September 30, 1999, shall be made

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

3 SEC. 318. Notwithstanding any other provision of

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

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

6 available for expenditure may be transferred to and ad7 ministered under the most recent appropriation heading

8 for any such section.

9 SEC. 319. None of the funds in this Act shall be avail10 able to implement or enforce regulations that would result

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

12 International Airport under section 93.223 of title 14 of

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

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

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

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

17 the Code of Federal Regulations.

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

19 to compensate in excess of 335 technical staff years under

20 the federally-funded research and development center

21 contract between the Federal Aviation Administration

22 and the Center for Advanced Aviation Systems Develop23 ment during fiscal year 1997.

24 SEC. 321. Funds provided in this Act for the Trans25 portation Administrative Service Center (TASC) shall be
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1 reduced by $10,000,000, which limits fiscal year 1997

2 TASC obligational authority for elements of the Depart3 ment of Transportation funded in this Act to no more

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

5 the budget request shall be allocated by the Department

6 of Transportation to each appropriations account in pro7 portion to the amount included in each account for the

8 transportation administrative service center.

9 SEC. 322. Funds received by the Federal Highway

10 Administration, Federal Transit Administration, and Fed11 eral Railroad Administration from States, counties, mu12 nicipalities, other public authorities, and private sources

13 for expenses incurred for training may be credited respec14 tively to the Federal Highway Administration’s ‘‘Limita15 tion on General Operating Expenses’’ account, the Federal

16 Transit Administration’s ‘‘Transit Planning and Re17 search’’ account, and to the Federal Railroad Administra18 tion’s ‘‘Railroad Safety’’ account, except for State rail

19 safety inspectors participating in training pursuant to 49

20 U.S.C. 20105.

21 SEC. 323. None of the funds in this Act shall be avail22 able to prepare, propose, or promulgate any regulations

23 pursuant to title V of the Motor Vehicle Information and

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

25 corporate average fuel economy standards for automobiles,
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1 as defined in such title, in any model year that differs

2 from standards promulgated for such automobiles prior to

3 enactment of this section.

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

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

6 sixth runway at the new Denver International Airport,

7 Denver, Colorado: Provided, That this provision shall not

8 apply in any case where the Administrator of the Federal

9 Aviation Administration determines, in writing, that safety

10 conditions warrant obligation of such funds.

11 SEC. 325. Notwithstanding 31 U.S.C. 3302, funds re12 ceived by the Bureau of Transportation Statistics from the

13 sale of data products, for necessary expenses incurred pur14 suant to the provisions of section 6006 of the Intermodal

15 Surface Transportation Efficiency Act of 1991, may be

16 credited to the Federal-aid highways account for the pur17 pose of reimbursing the Bureau for such expenses: Pro18 vided, That such funds shall not be subject to the obliga19 tion limitation for Federal-aid highways and highway safe20 ty construction: Provided further, That in addition to

21 amounts otherwise provided in this Act, not to exceed

22 $3,100,000 in expenses of the Bureau of Transportation

23 Statistics necessary to conduct activities related to airline

24 statistics may be incurred, but only to the extent such ex25 penses are offset by user fees charged for those activities
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1 and credited as offsetting collections That of the funds pro2 vided by section 6006(b) of Public Law 102–240, not to ex3 ceed $3,100,000 may be incurred to conduct activities relat4 ed to airline statistics.

5 SEC. 326. The Secretary of Transportation is author6 ized to transfer funds appropriated in this Act to ‘‘Rental

7 payments’’ for any expense authorized by that appropria8 tion in excess of the amounts provided in this Act: Pro9 vided, That prior to any such transfer, notification shall

10 be provided to the House and Senate Committees on Ap11 propriations.

12 SEC. 327. None of the funds in this Act may be obli13 gated or expended for employee training which: (a) does

14 not meet identified needs for knowledge, skills and abilities

15 bearing directly upon the performance of official duties;

16 (b) contains elements likely to induce high levels of emo17 tional response or psychological stress in some partici18 pants; (c) does not require prior employee notification of

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

20 written end of course evaluations; (d) contains any meth21 ods or content associated with religious or quasi-religious

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

23 Equal Employment Opportunity Commission Notice N–

24 915.022, dated September 2, 1988; (e) is offensive to, or

25 designed to change, participants’ personal values or life-
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1 style outside the workplace; or (f) includes content related

2 to human immunodeficiency virus/acquired immune defi3 ciency syndrome (HIV/AIDS) other than that necessary

4 to make employees more aware of the medical ramifica5 tions of HIV/AIDS and the workplace rights of HIV-posi6 tive employees.

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

8 absence of express authorization by Congress, be used di9 rectly or indirectly to pay for any personal service, adver10 tisement, telegram, telephone, letter, printed or written

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

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

13 by vote or otherwise, any legislation or appropriation by

14 Congress, whether before or after the introduction of any

15 bill or resolution proposing such legislation or appropria16 tion: Provided, That this shall not prevent officers or em17 ployees of the Department of Transportation or related

18 agencies funded in this Act from communicating to Mem19 bers of Congress on the request of any Member or to Con20 gress, through the proper official channels, requests for

21 legislation or appropriations which they deem necessary

22 for the efficient conduct of the public business.

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

24 to support Federal Transit Administration’s field oper25 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 $1,050,000 of the

7 funds provided in this Act for the Department of Trans8 portation shall be available for the necessary expenses of

9 advisory 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. 333. Section 24902 of title 49, United States

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

22 subsection:

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

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

25 any other State or local law from which a project would
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1 be exempt if undertaken by the Federal Government or an

2 agency thereof within a Federal enclave wherein Federal ju3 risdiction is exclusive, including without limitation with

4 respect to all such laws referenced herein above requirements

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

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

7 financing, leasing, conveying, mortgaging or enforcing a

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

9 benefit of Amtrak as part of, or in furtherance of, the North10 east Corridor Improvement Project (including without limi11 tation maintenance, service, inspection or similar facilities

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

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

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

15 such improvement is located and adjoining, surrounding or

16 any related land. These exemptions shall remain in effect

17 and be applicable with respect to such land and improve18 ments for the benefit of any mortgagee before, upon and

19 after coming into possession of such improvements or land,

20 any third party purchasers thereof in foreclosure (or

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

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

23 or improvements are used, or held for use, for railroad pur24 poses or purposes accessory thereto. This subsection (m)

25 shall not apply to any improvement or related land unless
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1 Amtrak receives a Federal operating subsidy in the fiscal

2 year in which Amtrak commits to or initiates such im3 provement.’’

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

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

6 expenses of Department of Transportation personnel who

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

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

9 Bronxville, New York, when it is made known to the Fed10 eral official having authority to obligate or expend such

11 funds that a final environmental impact statement has not

12 been completed for such construction project.

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

14 States Code, is amended—

15 (1) by striking ‘‘Westside’’ the first place it ap16 pears;

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

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

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

20 the South/North Corridor Project’’.

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

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

23 in lieu thereof ‘‘$555,000,000’’.

24 SEC. 336. Notwithstanding any other provision of

25 law, of the funds made available to Cleveland for the
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1 ‘‘Cleveland Dual Hub Corridor Project’’ or ‘‘Cleveland

2 Dual Hub Rail Project,’’ $4,023,030 in funds made avail3 able in fiscal years 1991, 1992, and 1994, under Public

4 Laws 101–516, 102–143, 102–240, 103–122, and accom5 panying reports, shall be made available for the Berea Red

6 Line Extension and the Euclid Corridor Improvement

7 projects.

8 SEC. 337. Notwithstanding any other provision of

9 law, funds made available under section 3035(kk) of Pub10 lic Law 102–240 for fiscal year 1997 to the State of

11 Michigan shall be for the purchase of buses and bus-relat12 ed equipment and facilities.

13 SEC. 338. In addition to amounts otherwise provided

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

15 activities of the National Civil Aviation Review Commis16 sion, to remain available until expended.

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

18 Federal Transit Administration’s Discretionary Grants

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

20 Public Law 103–311, $3,250,000 shall be transferred to and

21 administered in accordance with 49 U.S.C. 5307 and made

22 available to Kauai, Hawaii.

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

24 House of Representatives on May 9, 1995, is hereby en25 acted into law.
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1 SEC. 339. Improvements identified as highest priority

2 by section 1069(t) of Public Law 102–240 and funded pur3 suant to section 118(c)(2) of title 23, United States Code,

4 shall not be treated as an allocation for Interstate mainte5 nance for such fiscal year under section 157(a)(4) of title

6 23, United States Code, and sections 1013(c), 1015(a)(1),

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

8 discretionary grant made pursuant to Public Law 99–663

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

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

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

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

13 expending the funds the entity will comply with the Buy

14 American Act (41 U.S.C. 10a–10c).

15 (b) SENSE OF CONGRESS; REQUIREMENT REGARD16 ING NOTICE.—

17 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

19 product that may be authorized to be purchased

20 with financial assistance provided using funds made

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

22 that entities receiving the assistance should, in ex23 pending the assistance, purchase only American24 made equipment and products to the greatest extent

25 practicable.
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1 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

2 In providing financial assistance using funds made

3 available in this Act, the head of each Federal agen4 cy shall provide to each recipient of the assistance

5 a notice describing the statement made in paragraph

6 (1) by the Congress.

7 (c) PROHIBITION OF CONTRACTS WITH PERSONS

8 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

10 agency that any person intentionally affixed a label bear11 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

14 States, the person shall be ineligible to receive any con15 tract or subcontract made with funds made available in

16 this Act, pursuant to the debarment, suspension, and ineli17 gibility procedures described in sections 9.400 through

18 9.409 of title 48, Code of Federal Regulations.

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

20 receipts, in amounts determined by the Secretary, collected

21 from users of fitness centers operated by or for the Depart22 ment of Transportation shall be available to support the

23 operation and maintenance of those facilities.

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

25 Act may be used by the National Transportation Safety
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1 Board to plan, conduct, or enter into any contract for a

2 study to determine the feasibility of allowing individuals

3 who are more than 60 years of age to pilot commercial air4 craft.

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

6 cash awards for employees of the Department of Transpor7 tation shall be reduced by $513,604 which limits fiscal year

8 1997 obligation authority to no more than $25,448,300:

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

10 Senior Executive Service bonuses, merit pay, and other bo11 nuses and cash awards.

12 SEC. 344. Hereinafter, the National Passenger Rail13 road Corporation shall be exempted from any State or local

14 law relating to the payment or delivery of abandoned or

15 unclaimed personal property to any government authority,

16 including any provision for the enforcement thereof, with

17 respect to passenger rail tickets for which no refund has

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

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

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

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

22 of the amounts made available under the Federal Aviation

23 Administration’s operations account, the FAA shall provide

24 personnel at Dutch Harbor, Arkansas to provide real-time
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1 weather and runway observation and other such functions

2 to help ensure the safety of aviation operations.

3 SEC. 346. VOLUNTARY SEPARATION INCENTIVES FOR

4 EMPLOYEES.—

5 (a) AUTHORITY.—Notwithstanding any other

6 provision of law, in order to avoid or minimize the

7 need for involuntary separations due to a reduction

8 in force, reorganization, transfer of function, or other

9 similar action, the Secretary of Transportation may

10 pay, or authorize the payment of, voluntary separa11 tion incentive payments to employees of the United

12 States Coast Guard, Research and Special Programs

13 Administration, St. Lawrence Seaway Development

14 Corporation, Office of the Secretary, Federal Railroad

15 Administration, and employees of the Department in

16 positions targeted for reduction under the National

17 Performance Review who separate from Federal serv18 ice voluntarily through September 30, 2000 (whether

19 by retirement or resignation).

20 (b) AGENCY STRATEGIC PLAN.—The Secretary

21 shall submit, for review and approval, a strategic

22 plan to the Director of the Office of Management and

23 Budget prior to obligating any resources for vol24 untary separation incentive payments allowed under

25 this Act.
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1 (1) The plan shall—

2 (A) include the number and amounts

3 of voluntary separation incentive payments

4 to be offered;

5 (B) specify how the voluntary separa6 tion incentives will achieve downsizing

7 goals;

8 (C) include a proposed time period for

9 the payment of such incentives; and

10 (D) include the positions and functions

11 to be reduced or eliminated identified by or12 ganizational unit, geographic location or

13 occupational category and grade level.

14 (2) A voluntary separation incentive pay15 ment under this section may be paid to any eli16 gible employee only to the extent necessary to

17 eliminate the positions and functions identified

18 by the strategic plan.

19 (c) CONDITIONS AND AMOUNT OF PAYMENTS.—In

20 order to receive a voluntary separation incentive pay21 ment, an employee must separate from service with

22 the Department (whether by retirement or resigna23 tion) within the applicable period of time specified in

24 the agency plan. An employee’s agreement to separate

25 with an incentive payment is binding upon the em-
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1 ployee and the Department, unless the employee and

2 the Department mutually agree otherwise.

3 (1) A voluntary separation incentive pay4 ment shall be paid in a lump sum after the em5 ployee’s separation and be equal to the lesser

6 of—

7 (A) an amount equal to the amount the

8 employee would have been entitled to receive

9 under section 5595(c) of title 5, United

10 States Code (without adjustment for any

11 previous payment made under such section),

12 if the employee were entitled to payment

13 under such section; or

14 (B) if the employee separates during—

15 (i) fiscal year 1997, $25,000;

16 (ii) fiscal year 1998, $20,000;

17 (iii) fiscal year 1999, $15,000;

18 (iv) fiscal year 2000, $10,000;

19 (3) not be a basis for payment, and shall

20 not be included in the computation of any other

21 type of benefit;

22 (4) not be taken into account in determin23 ing the amount of any severance pay to which

24 the employee may be entitled under section 5595
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1 of title 5, United States Code, based on any other

2 separation;

3 (5) be available from appropriations or

4 funds available for the payment of the basic pay

5 of the employee.

6 (d) EFFECT OF SUBSEQUENT EMPLOYMENT WITH

7 THE GOVERNMENT.—An employee who has received a

8 voluntary separation incentive payment under this

9 section and accepts employment with, or enters into

10 a personal services contract with, any Federal agency

11 or instrumentality of the United States within 5

12 years after the date of the separation on which the

13 payment is based shall be required to repay the entire

14 amount of the incentive payment to the Department.

15 (1) The repayment required under this sub16 section may be waived only by the Secretary.

17 (e) ADDITIONAL AGENCY CONTRIBUTIONS TO THE

18 RETIREMENT FUND.—

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

20 payments which it is required to make under

21 subchapter III of chapter 83 or chapter 84 of

22 title 5, United States Code, the Department shall

23 remit to the Office of Personnel Management for

24 deposit in the Treasury of the United States to

25 the credit of the Civil Service Retirement and
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1 Disability Fund an amount equal to 15 percent

2 of the final basic pay of each employee of the De3 partment covered by chapters 83 or 84 of title 5,

4 United States Code, to whom a voluntary sepa5 ration incentive payment has been made.

6 (2) DEFINITION.—For the purpose of this

7 section, the term ‘‘final basic pay,’’ with respect

8 to an employee, means the total amount of basic

9 pay which would be payable for a year of service

10 by such employee, computed using the employee’s

11 final rate of basic pay, and, if last serving on

12 other than a full-time basis, with appropriate

13 adjustment therefor.

14 (f) VOLUNTARY RELEASE PROGRAM.—Notwith15 standing any other provision of law, the Department

16 shall implement regulations that shall permit its em17 ployees, who are not scheduled for separation by RIF,

18 to volunteer for RIF separation in place of other em19 ployees who are scheduled for RIF separation until

20 September 30, 2000.

21 (g) CONTINUANCE OF GOVERNMENT SHARE OF

22 HEALTH BENEFITS COVERAGE.—Notwithstanding any

23 other provision of law, the Department shall pay the

24 Government share of the health benefits coverage of

25 any of its employees separated by RIF for up to 18
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1 months following the employee’s separation from Fed2 eral service, provided that the employee pays his req3 uisite share of such costs over the same 18 month pe4 riod.

5 TITLE IV—MISCELLANEOUS HIGHWAY

6 PROVISIONS

7 SEC. 401. Notwithstanding any other provision of

8 law, semitrailer units operating in a truck tractor9 semitrailer combination whose semitrailer unit is more

10 than forty-eight feet in length and truck tractor11 semitrailer-trailer combinations specified in section

12 31111(b)(1) of title 49, United States Code, may not oper13 ate on United States Route 15 in Virginia between the

14 Maryland border and the intersection with United States

15 Route 29.

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

17 1107(b) of the Intermodal Surface Transportation Effi18 ciency Act of 1991 (105 Stat. 2050), relating to Mobile,

19 Alabama, is amended in the second column by inserting

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

21 preliminary engineering, and construction of a new bridge

22 and approaches over the Mobile River’’.

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

24 1107(b) of the Intermodal Surface Transportation Effi-
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1 ciency Act of 1991 (105 Stat. 2052), relating to St. Thom2 as, Virgin Islands, is amended—

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

4 (2) by inserting after ‘‘the island’’ the follow5 ing: ‘‘of St. Thomas and improvements to the VIPA

6 Molasses Dock intermodal port facility on the island

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

8 multiple cargo tasks’’.

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

10 highway-railroad grade crossing separations in Mineola,

11 New York, under the head ‘‘Highway-Railroad Grade Cross12 ing Safety Demonstration Project (Highway Trust Fund)’’

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

14 99–591 are hereby also authorized to be appropriated for

15 other grade crossing improvements in Nassau and Suffolk

16 Counties in New York and shall be available in accordance

17 with the terms of the original authoriziaton in House Re18 port 99–976.

19 SEC. 404. The Secretary of Transportation is hereby

20 authorized to enter into an agreement modifying the

21 agreement entered into pursuant to section 336 of the De22 partment of Transportation and Related Agencies Appro23 priations Act, 1995 (Public Law 103–331) and section

24 356 of the Department of Transportation and Related

25 Agencies Appropriations Act, 1996 (Public Law 104–50)
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1 to provide an additional line of credit not to exceed

2 $25,000,000, which may be used to replace otherwise re3 quired contingency reserves; provided, however, that the

4 Secretary may only enter into such modification if it is

5 supported by the amount of the original appropriation

6 (provided by section 336 of Public Law 103–331). No ad7 ditional appropriation is made by this section. In imple8 menting this section, the Secretary may enter into an

9 agreement requiring an interest rate, on both the original

10 line of credit and the additional amount provided for here11 in, higher than that currently in force and higher than

12 that specified in the original appropriation. An agreement

13 entered into pursuant to this section may not obligate the

14 Secretary to make any funds available until all remaining

15 contingency reserves are exhausted, and in no event shall

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

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

18 item relating to ‘‘Traffic Improvement Demonstration

19 Project’’ by inserting after ‘‘project’’ the following: ‘‘or up20 grade existing local roads’’.

21 SEC. 406. The amount appropriated for the Lake

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

23 matter under the heading ‘‘SURFACE TRANSPORTATION

24 PROJECTS’’ under the heading ‘‘FEDERAL HIGHWAY

25 ADMINISTRATION’’ in title I of the Department of
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•HR 3675 RS

1 Transportation and Related Agencies Appropriations Act,

2 1995 (Public Law 103–331; 108 Stat. 2478), shall be made

3 available to carry out the congestion relief project for the

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

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

6 Intermodal Surface Transportation Efficiency Act of 1991

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

8 TITLE V—ADDITIONAL GENERAL PROVISIONS

9 SEC. 501. (a) LIMITATION ON NEW LOAN GUARAN10 TEES FOR CERTAIN RAILROAD PROJECTS.—None of the

11 funds made available in this Act may be used for the cost

12 of any new loan guarantee commitment for any railroad

13 project, when it is made known to the Federal official hav14 ing authority to obligate or expend such funds that such

15 railroad project is an international railroad project of the

16 United States and another country, or a railroad project

17 in the United States in the vicinity of the United States

18 border with another country.

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

20 when it is made known to the Federal official having au21 thority to obligate or expend such funds that—

22 (1) a comprehensive study has been conducted

23 after the date of the enactment of this Act regarding

24 criminal activities that have occurred on existing

25 railroads of such type, including—
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•HR 3675 RS

1 (A) the use of such railroads to facilitate

2 the smuggling of illegal aliens and illegal drugs

3 into the United States, and the impact of such

4 smuggling on the total number of illegal aliens,

5 and the total amount of illegal drugs, entering

6 the United States; and

7 (B) the commission of robberies against

8 such railroads; and

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

10 such study has been issued and made available to

11 the public.

12 SEC. 502. None of the funds made available in this

13 Act may be used by the National Transportation Safety

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

15 study to determine the feasibility of allowing individuals

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

17 aircraft.

18 This Act may be cited as the ‘‘Department of Trans19 portation and Related Agencies Appropriations Act,

20 1997’’.

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

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE,

Deputy Clerk.
[COMMITTEE PRINT]

Calendar No. 

104TH CONGRESS 2D SESSION H. R. 3675

[Report No. 104– ]

AN ACT

Making appropriations for the Department of

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

JUNE 28, 1996

Received; read twice and referred to the Committee on

Appropriations

JULY 00 (legislative day, JULY 00), 1996

Reported with amendments