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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3675 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 31, 1996.
      Resolved, That the bill from the House of Representatives (H.R. 
3675) entitled ``An Act making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 1997, and for other purposes'', do pass with the 
following

                              AMENDMENTS:

(1)Page 2, line 10, strike out [$53,816,000] and insert: $53,376,000
(2)Page 2, line 10, after ``53,816,000,'' insert: of which such sums as 
necessary shall be used to investigate anticompetitive practices in air 
transportation, enforce section 41712 of title 49, and report to 
Congress by the end of the fiscal year on its progress to address 
anticompetitive practices, and

(3)Page 4, line 9, strike out [$10,000,000] and insert: $25,900,000

(4)Page 4, line 13, strike out [$10,000,000] and insert: $25,900,000

(5)Page 5, line 6, strike out [$28,600,000] and insert: $12,700,000

(6)Page 5, line 16, strike out [$127,447,000] and insert: $129,500,000

(7)Page 5, line 24, strike out [$17,294,000] and insert: $17,192,000

(8)Page 7, line 3, strike out [$2,609,100,000] and insert: 
$2,331,350,000

(9)Page 7, line 23, strike out [$358,000,000] and insert: $393,100,000

(10)Page 7, line 25 strike out [$205,600,000] and insert: $227,960,000

(11)Page 8, line 3, strike out [$18,300,000] and insert: $19,040,000

(12)Page 8, line 5, strike out [$39,900,000] and insert: $46,200,000

(13)Page 8, line 7, strike out [$47,950,000] and insert: $52,900,000

(14)Page 8, line 9, strike out [$46,250,000] and insert: $47,000,000

(15)Page 8, line 18, strike out all after ``appropriation'' down to and 
including ``$338,000,000'' in line 21

(16)Page 8, line 21, strike out all after ``$338,000,000'' down to and 
including ``Program'' in line 23

(17)Page 9, strike out lines 1 through 6

(18)Page 9, line 11, strike out [$21,000,000] and insert: $23,000,000

(19)Page 9, after line 11 insert:

                        Port Safety Development

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

(20)Page 9, line 14, strike out [$16,000,000] and insert: $10,000,000

(21)Page 10, line 11, strike out [$19,000,000] and insert: $19,550,000

(22)Page 10, line 22, strike out [$35,000,000] and insert: $10,000,000

(23)Page 11, line 14, strike out [$4,900,000,000] and insert: 
$4,899,957,000

(24)Page 11, line 15, strike out [$1,642,500,000] and insert: 
$2,742,602,000

(25)Page 11, line 17, strike out [$30,000,000] and insert: $75,000,000

(26)Page 12, line 2, strike out [$2,127,398,000] and insert: 
$2,082,355,000

(27)Page 12, line 2, strike out all after ``$2,127,398,000'' down to 
and including ``States'' in line 5

(28)Page 13, line 23, strike out [$1,800,000,000] and insert: 
$1,788,700,000

(29)Page 13, line 24, strike out [$1,583,000,000] and insert: 
$1,571,700,000

(30)Page 14, line 13, strike out [$185,000,000] and insert: 
$188,490,000

(31)Page 15, line 8, strike out [$1,300,000,000] and insert: 
$1,460,000,000

(32)Page 15, after line 23 insert:

                 Administrative Services Franchise Fund

    There is hereby established in the Treasury a fund, to be available 
without fiscal year limitation, for the costs of capitalizing and 
operating such administrative services as the FAA Administrator 
determines may be performed more advantageously as centralized 
services, including accounting, international training, payroll, 
travel, duplicating, multimedia and information technology services: 
Provided, That any inventories, equipment, and other assets pertaining 
to the services to be provided by such fund, either on hand or on 
order, less the related liabilities or unpaid obligations, and any 
appropriations made prior to the current year for the purpose of 
providing capital shall be used to capitalize such fund: Provided 
further, That such fund shall be paid in advance from funds available 
to the FAA and other Federal agencies for which such centralized 
services are performed, at rates which will return in full all expenses 
of operation, including accrued leave, depreciation of fund plant and 
equipment, amortization of Automated Data Processing (ADP) software and 
systems (either required or donated), and an amount necessary to 
maintain a reasonable operating reserve, as determined by the FAA 
Administrator: Provided further, That such fund shall provide services 
on a competitive basis: Provided further, That an amount not to exceed 
four percent of the total annual income to such fund may be retained in 
the fund for fiscal year 1997 and each year thereafter, to remain 
available until expended, to be used for the acquisition of capital 
equipment and for the improvement and implementation of FAA financial 
management, ADP, and support systems: Provided further, That no later 
than thirty days after the end of each fiscal year, amounts in excess 
of this reserve limitation shall be transferred to miscellaneous 
receipts in the Treasury.

(33)Page 16, line 6, strike out [$510,981,000] and insert: $534,846,000

(34)Page 16, line 10, strike out [$214,698,000] and insert: 
$234,840,000

(35)Page 17, line 1, strike out [$17,550,000,000] and insert: 
$17,650,000,000

(36)Page 17, strike out lines 19 through 21 and insert:
    For the cost of direct loans, $8,000,000, as authorized by section 
108 of title 23, United States Code.

(37)Page 18, line 10, strike out [$77,425,000] and insert: $79,000,000

(38)Page 18, after line 10 insert:

                       State Infrastructure Banks

                          (highway trust fund)

    To carry out the State Infrastructure Bank Pilot Program (Public 
Law 104-59, section 350), $250,000,000, to be derived from the Highway 
Trust Fund and to remain available until expended, to be distributed by 
the Secretary to more than 10 States: Provided, That these funds shall 
be used to advance projects or programs under the terms and conditions 
of section 350: Provided further, That any State that receives such 
funds may deposit any portion of those funds into either the highway or 
transit account of the State Infrastructure Bank: Provided further, 
That the funds appropriated and deposited into transit accounts 
authorized by section 350(b)(3) shall be drawn from the Mass Transit 
account of the Highway Trust Fund and that funds appropriated and 
deposited into highway accounts authorized by section 350(b)(2) shall 
be drawn from the Highway Trust Fund (other than the Mass Transit 
Account): Provided further, That the Secretary shall ensure that the 
Federal disbursements shall be at a rate consistent with historic rates 
for the Federal-aid highways program.

(39)Page 18, line 18, strike out [$81,895,000] and insert: $80,000,000

(40)Page 19, line 10, strike out [$50,377,000] and insert: $53,195,000

(41)Page 19, line 19, strike out [$167,100,000] and insert: 
$169,100,000

(42)Page 19, line 25, strike out [$167,100,000] and insert: 
$169,100,000

(43)Page 20, line 1, strike out [$127,700,000] and insert: $129,700,000

(44)Page 20, line 4, strike out [$11,000,000] and insert: $12,000,000

(45)Page 20, line 6, strike out [$26,000,000] and insert: $25,000,000

(46)Page 20, line 12, strike out [$5,268,000] and insert: $5,468,000

(47)Page 21, line 4, strike out [$16,469,000] and insert: $16,739,000

(48)Page 22, line 16, strike out [$20,341,000] and insert: $20,000,000

(49)Page 22, after line 17 insert:

                 Northeast Corridor Improvement Program

    For necessary expenses related to Northeast Corridor improvements 
authorized by title VII of the Railroad Revitalization and Regulatory 
Reform Act of 1976, as amended (45 U.S.C. 851 et seq.) and 49 U.S.C. 
24909, $200,000,000, to remain available until September 30, 1999.

(50)Page 23, line 13, strike out [1997.] and insert: 1997, except for 
up to $75,000,000 in loan guarantee commitments during such fiscal year 
(and $4,158,000 is hereby made available for the cost of such loan 
guarantee commitments).

(51)Page 23, line 17, strike out [$19,757,000] and insert: $26,525,000

(52)Page 23, line 21, strike out [track and signal] and insert: track, 
signal and station

(53)Page 24, after line 11 insert:

                     Alaska Railroad Rehabilitation

    To enable the Secretary of Transportation to make grants to the 
Alaska Railroad, $10,000,000 shall be for capital rehabilitation and 
improvements benefiting its passenger operations.

(54)Page 24, line 16, strike out [$4,000,000] and insert: $10,000,000

(55)Page 24, line 24, strike out [$10,000,000] and insert: $16,000,000

(56)Page 25, strike out all after line 3 over to and including line 2 
on page 26

(57)Page 26, line 7, strike out [$462,000,000] and insert: $592,000,000

(58)Page 26, line 10, strike out [$120,000,000] and insert: 
$250,000,000

(59)Page 26, line 24, strike out [$41,367,000] and insert: $42,147,000

(60)Page 27, line 4, strike out [$490,000,000] and insert: $218,335,000

(61)Page 27, line 5, strike out [$2,052,925,000] and insert: 
$2,149,185,000

(62)Page 27, line 6, after ``That'' insert: , notwithstanding any other 
provision of law,

(63)Page 29, line 9, strike out [$1,665,000,000] and insert: 
$1,900,000,000

(64)Page 29, line 11, after ``That'' insert: notwithstanding any 
provision of law,

(65)Page 29, line 12, strike out [$666,000,000] and insert: 
$725,000,000

(66)Page 29, line 15, strike out [$333,000,000] and insert: 
$375,000,000

(67)Page 29, line 17, strike out [$10,510,000] and insert: $8,890,000

(68)Page 30, line 5, strike out [$666,000,000] and insert: $800,000,000

(69)Page 30, after line 7 insert:
            $6,390,000 for the Alaska-Hollis to Ketchikan ferry 
        project;

(70)Page 30, line 8, strike out [$66,820,000] and insert: $62,000,000

(71)Page 30, line 10, strike out [$10,260,000] and insert: $5,000,000

(72)Page 30, line 12, strike out [$40,181,000] and insert: $30,000,000

(73)Page 30, after line 13 insert:
            $2,000,000 for the Burlington-Charlotte, Vermont commuter 
        rail project;

(74)Page 30, strike out lines 14 and 15

(75)Page 30, line 16, strike out [$25,000,000] and insert: $20,000,000

(76)Page 30, line 21, strike out [$10,000,000] and insert: $12,000,000

(77)Page 30, line 23, strike out [$12,500,000] and insert: $18,000,000

(78)Page 31, strike out lines 1 and 2

(79)Page 31, strike out lines 3 and 4

(80)Page 31, line 5, strike out [$9,000,000] and insert: $20,000,000

(81)Page 31, strike out line 7

(82)Page 31, line 8, strike out [$40,590,000] and insert: $24,000,000

(83)Page 31, after line 9 insert:
            $7,400,000 for the Jackson, Mississippi Intermodal 
        Corridor;

(84)Page 31, strike out lines 10 and 11

(85)Page 31, line 12, strike out [$1,500,000] and insert: $3,600,000

(86)Page 31, after line 13 insert:
            $6,000,000 for the Little Rock, Arkansas Junction Bridge 
        project;

(87)Page 31, line 14, strike out [$90,000,000] and insert: $55,000,000

(88)Page 31, strike out lines 16 and 17

(89)Page 31, line 18, strike out [$27,000,000] and insert: $50,000,000

(90)Page 31, after line 19 insert:
            $5,000,000 for the Metro-Dade Transit east-west corridor, 
        Florida project;

(91)Page 31, strike out lines 20 and 21

(92)Page 31, line 22, strike out [$2,000,000] and insert: $6,400,000

(93)Page 31, after line 23 insert:
            $4,240,000 for the Morgantown, West Virginia Personal Rapid 
        Transit System;

(94)Page 32, strike out lines 3 and 4

(95)Page 32, line 5, strike out [$8,000,000] and insert: $10,000,000

(96)Page 32, strike out lines 7 and 8

(97)Page 32, strike out lines 11 and 12

(98)Page 32, after line 12 insert:
            $10,000,000 for the Oklahoma City, MAPS corridor transit 
        system;

(99)Page 32, strike out lines 13 and 14

(100)Page 32, after line 16 insert:
            $15,100,000 for the Pittsburgh Airport busway project;

(101)Page 32, after line 16 insert:
            $6,000,000 for the Portland South/North light rail transit 
        project;

(102)Page 32, line 17, strike out [$90,000,000] and insert: 
$138,000,000

(103)Page 32, after line 18 insert:
            $5,000,000 for the Research Triangle Park, North Carolina 
        regional transit plan;

(104)Page 32, line 19, strike out [$6,000,000] and insert: $7,000,000

(105)Page 32, line 21, strike out [$20,000,000] and insert: $58,000,000

(106)Page 32, line 22, strike out all after ``project'' down to and 
including ``costs'' in line 24

(107)Page 32, after line 24 insert:
            $30,000,000 for St. Louis Metrolink;

(108)Page 33, line 1, strike out [$20,000,000] and insert: $45,000,000

(109)Page 33, line 3, strike out [$35,000,000] and insert: $20,000,000

(110)Page 33, strike out lines 6 and 7

(111)Page 33, strike out lines 8 and 9

(112)Page 33, after line 9 insert:
            $5,000,000 for the Seattle-Renton-Tacoma light rail 
        project;

(113)Page 33, strike out lines 10 and 11

(114)Page 33, line 13, strike out [and]

(115)Page 33, after line 13 insert:
            $8,000,000 for the Virginia Rail Express Richmond to 
        Washington commuter rail project; and

(116)Page 33, line 14, strike out [$2,500,000] and insert: $5,000,000

(117)Page 33, line 21, strike out [$2,000,000,000] and insert: 
$2,300,000,000

(118)Page 34, line 5, strike out [$200,000,000] and insert: 
$198,510,000

(119)Page 34, line 24, strike out [$10,037,000] and insert: $10,337,000

(120)Page 35, line 6, strike out [$23,929,000] and insert: $27,675,000

(121)Page 35, line 22, strike out [$30,988,000] and insert: $31,278,000

(122)Page 35, line 25, strike out [$28,460,000] and insert: $28,750,000

(123)Page 36, line 23, strike out [$39,450,000] and insert: $39,700,000

(124)Page 36, strike out all after line 23 down to and including 
``audits'' in line 25 and insert: of which $1,900,000 shall be for the 
conduct of contract audits

(125)Page 37, line 8, after ``1997:'' insert: Provided further, That 
none of the funds appropriated in this Act or otherwise made available 
may be used to increase fees for services in connection with rail 
maximum rate complaints, pursuant to 49 CFR part 1002, STB Ex Parte No. 
542:

(126)Page 42, line 17, strike out [program,] and insert: program;

(127)Page 42, line 18, strike out [program, and] and insert: program;

(128)Page 42, line 22, after ``5338'' insert: ; $5,000,000 for 
activities authorized by section 140(b) of title 23, United States 
Code; $5,000,000 for activities authorized by section 1012(b) of Public 
Law 102-240; and $50,000,000 of the obligation limitation established 
by this Act for Federal-aid highways and highway safety construction: 
Provided, That $15,000,000 of such undistributed obligation limitation 
shall be available for administrative costs and allocation to States 
under section 104(I) of title 23, United States Code; $30,000,000 shall 
be available for allocation to States authorized by section 1069(y) of 
Public Law 102-240; and $15,000,000 shall be available for 
administrative costs and allocation to States under section 1302(d) of 
the Symms National Recreational Trails Act of 1991

(129)Page 42, line 22, strike out [Provided,] and insert: Provided 
further,

(130)Page 44, after line 4 insert:
    (g) Increase in Administrative Takedown.--
            (1) In general.--Notwithstanding any other provision of 
        law, for fiscal year 1997 only, whenever an allocation is made 
        of the sums authorized to be appropriated for expenditure on 
        the Federal lands highways program, and whenever an 
        apportionment is made of the sums authorized to be appropriated 
        for expenditure on the surface transportation program, the 
        congestion mitigation and air quality improvement program, the 
        National Highway System, the Interstate maintenance program, 
        the Interstate reimbursement program, the highway bridge 
        replacement and rehabilitation program, and the donor State 
        bonus program, the Secretary of Transportation shall deduct a 
        sum in such amount not to exceed 4\3/4\ per centum of all sums 
        to be authorized as the Secretary may determine necessary for 
        administering the provisions of law to be financed from 
        appropriations for the Federal-Aid Highway Program and for 
        carrying on the research authorized by subsections (a) and (b) 
        of section 307 of title 23, United States Code. In making such 
        determination, the Secretary shall take into account the 
        unobligated balance of any sums deducted for such purposes in 
        prior years. The sum so deducted shall remain available until 
        expended.
            (2) Effect.--Any deduction by the Secretary of 
        Transportation in accordance with this Act shall be deemed to 
        be a deduction under 23 U.S.C. Sec.  104(a).

(131)Page 48, strike out lines 1 through 8

(132)Page 48, line 12, after ``Colorado'' insert: : Provided, That this 
provision shall not apply in any case where the Administrator of the 
Federal Aviation Administration determines, in writing, that safety 
conditions warrant obligation of such funds

(133)Page 48, line 22, strike out all after ``further,'' over to and 
including ``collections'' in line 3 on page 49 and insert: That of the 
funds provided by section 6006(b) of Public Law 102-240, not to exceed 
$3,100,000 may be incurred to conduct activities related to airline 
statistics

(134)Page 51, strike out lines 3 through 5

(135)Page 51, line 6, strike out [$850,000] and insert: $1,050,000

(136)Page 51, strike out lines 17 through 19

(137)Page 51, after line 19 insert:
    Sec. 333. Section 24902 of title 49, United States Code, is amended 
by adding at the end the following new subsection:
    ``(m) Applicable Procedures.--No State or local building, zoning, 
subdivision, or similar or related law, nor any other State or local 
law from which a project would be exempt if undertaken by the Federal 
Government or an agency thereof within a Federal enclave wherein 
Federal jurisdiction is exclusive, including without limitation with 
respect to all such laws referenced herein above requirements for 
permits, actions, approvals or filings, shall apply in connection with 
the construction, ownership, use, operation, financing, leasing, 
conveying, mortgaging or enforcing a mortgage of (i) any improvement 
undertaken by or for the benefit of Amtrak as part of, or in 
furtherance of, the Northeast Corridor Improvement Project (including 
without limitation maintenance, service, inspection or similar 
facilities acquired, constructed or used for high speed trainsets) or 
chapter 241, 243, or 247 of this title or (ii) any land (and right, 
title or interest created with respect thereto) on which such 
improvement is located and adjoining, surrounding or any related land. 
These exemptions shall remain in effect and be applicable with respect 
to such land and improvements for the benefit of any mortgagee before, 
upon and after coming into possession of such improvements or land, any 
third party purchasers thereof in foreclosure (or through a deed in 
lieu of foreclosure), and their respective successors and assigns, in 
each case to the extent the land or improvements are used, or held for 
use, for railroad purposes or purposes accessory thereto. This 
subsection (m) shall not apply to any improvement or related land 
unless Amtrak receives a Federal operating subsidy in the fiscal year 
in which Amtrak commits to or initiates such improvement.''.

(138)Page 52, after line 11 insert:
    Sec. 335a. Section 3035(b) of Public Law 102-240 is hereby amended 
by striking ``$515,000,000'' and inserting in lieu thereof 
``$555,000,000''.

(139)Page 52, strike out lines 21 through 25

(140)Page 53, strike out lines 1 through 4

(141)Page 53, after line 4 insert:
    Sec. 338. Of the amounts made available under the Federal Transit 
Administration's Discretionary Grants program for Kauai, Hawaii, in 
Public Law 103-122 and Public Law 103-331, $3,250,000 shall be 
transferred to and administered in accordance with 49 U.S.C. 5311 and 
made available to Kauai, Hawaii.

(142)Page 53, strike out lines 5 through 7

(143)Page 53, after line 7 insert:
    Sec. 339. Improvements identified as highest priority by section 
1069(t) of Public Law 102-240 and funded pursuant to section 118(c)(2) 
of title 23, United States Code, shall not be treated as an allocation 
for Interstate maintenance for such fiscal year under section 157(a)(4) 
of title 23, United States Code, and sections 1013(c), 1015(a)(1), and 
1015(b)(1) of Public Law 102-240: Provided, That any discretionary 
grant made pursuant to Public Law 99-663 shall not be subject to 
section 1015 of Public Law 102-240.

(144)Page 54, after line 16 insert:
    Sec. 341. Notwithstanding any other provision of law, receipts, in 
amounts determined by the Secretary, collected from users of fitness 
centers operated by or for the Department of Transportation shall be 
available to support the operation and maintenance of those facilities.

(145)Page 54, after line 16 insert:
    Sec. 342. None of the funds made available in this Act may be used 
by the National Transportation Safety Board to plan, conduct, or enter 
into any contract for a study to determine the feasibility of allowing 
individuals who are more than 60 years of age to pilot commercial 
aircraft.

(146)Page 54, after line 16 insert:
    Sec. 343. Funds provided in this Act for bonuses and cash awards 
for employees of the Department of Transportation shall be reduced by 
$513,604 which limits fiscal year 1997 obligation authority to no more 
than $25,448,300: Provided, That this provision shall be applied to 
funds for Senior Executive Service bonuses, merit pay, and other 
bonuses and cash awards.

(147)Page 54, after line 16 insert:
    Sec. 344. Hereinafter, the National Passenger Railroad Corporation 
shall be exempted from any State or local law relating to the payment 
or delivery of abandoned or unclaimed personal property to any 
government authority, including any provision for the enforcement 
thereof, with respect to passenger rail tickets for which no refund has 
been or may be claimed, and such law shall not apply to funds held by 
Amtrak as a result of the purchase of tickets after April 30, 1972 for 
which no refund has been claimed.

(148)Page 54, after line 16 insert:
    Sec. 345. Notwithstanding any other provision in law, of the 
amounts made available under the Federal Aviation Administration's 
operations account, the FAA shall provide personnel at Dutch Harbor, 
Alaska to provide real-time weather and runway observation and other 
such functions to help ensure the safety of aviation operations.

(149)Page 54, after line 16 insert:

SEC. 346. DEPARTMENT OF TRANSPORTATION VOLUNTARY SEPARATION INCENTIVE 
              PAYMENTS.

    (a) Definitions.--For the purposes of this section--
            (1) the term ``agency'' means the following agencies of the 
        Department of Transportation:
                    (A) the United States Coast Guard;
                    (B) the Research and Special Programs 
                Administration;
                    (C) the St. Lawrence Seaway Development 
                Corporation;
                    (D) the Office of the Secretary;
                    (E) the Federal Railroad Administration; and
                    (F) any other agency of the Department with respect 
                to employees of such agency in positions targeted for 
                reduction under the National Performance Review;
            (2) the term ``employee'' means an employee (as defined by 
        section 2105 of title 5, United States Code) who is employed by 
        the agency serving under an appointment without time 
        limitation, and has been currently employed for a continuous 
        period of at least 3 years, but does not include--
                    (A) a reemployed annuitant under subchapter III of 
                chapter 83 or chapter 84 of title 5, United States 
                Code, or another retirement system for employees of the 
                agency;
                    (B) an employee having a disability on the basis of 
                which such employee is or would be eligible for 
                disability retirement under the applicable retirement 
                system referred to in subparagraph (A);
                    (C) an employee who is in receipt of a specific 
                notice of involuntary separation for misconduct or 
                unacceptable performance;
                    (D) an employee who, upon completing an additional 
                period of service as referred to in section 
                3(b)(2)(B)(ii) of the Federal Workforce Restructuring 
                Act of 1994 (5 U.S.C. 5597 note), would qualify for a 
                voluntary separation incentive payment under section 3 
                of such Act;
                    (E) an employee who has previously received any 
                voluntary separation incentive payment by the Federal 
                Government under this section or any other authority 
                and has not repaid such payment;
                    (F) an employee covered by statutory reemployment 
                rights who is on transfer to another organization; or
                    (G) any employee who, during the twenty four month 
                period preceding the date of separation, has received a 
                recruitment or relocation bonus under section 5753 of 
                title 5, United States Code, or who, within the twelve 
                month period preceding the date of separation, received 
                a retention allowance under section 5754 of title 5, 
                United States Code.
    (b) Agency Strategic Plan.--
            (1) In general.--The head of an agency, prior to obligating 
        any resources for voluntary separation incentive payments, 
        shall submit to the House and Senate Committees on 
        Appropriations and the Committee on Governmental Affairs of the 
        Senate and the Committee on Government Reform and Oversight of 
        the House of Representatives a strategic plan outlining the 
        intended use of such incentive payments and a proposed 
        organizational chart for the agency once such incentive 
        payments have been completed.
            (2) Contents.--The agency's plan shall include--
                    (A) the positions and functions to be reduced or 
                eliminated, identified by organizational unit, 
                geographic location, occupational category and grade 
                level;
                    (B) the number and amounts of voluntary separation 
                incentive payments to be offered; and
                    (C) a description of how the agency will operate 
                without the eliminated positions and functions.
    (c) Authority To Provide Voluntary Separation Incentive Payments.--
            (1) In general.--A voluntary separation incentive payment 
        under this section may be paid by an agency to any employee 
        only to the extent necessary to eliminate the positions and 
        functions identified by the strategic plan.
            (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment--
                    (A) shall be paid in a lump sum after the 
                employee's separation;
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employees;
                    (C) shall be equal to the lesser of--
                            (i) an amount equal to the amount the 
                        employee would be entitled to receive under 
                        section 5595(c) of title 5, United States Code; 
                        or
                            (ii) an amount determined by an agency head 
                        not to exceed $25,000 in fiscal year 1997, 
                        $20,000 in fiscal year 1998, $15,000 in fiscal 
                        year 1999, or $10,000 in fiscal year 2000;
                    (D) shall not be a basis for payment, and shall not 
                be included in the computation, of any other type of 
                Government benefit; and
                    (E) shall not be taken into account in determining 
                the amount of any severance pay to which the employee 
                may be entitled under section 5595 of title 5, United 
                States Code, based on any other separation.
            (3) Limitation.--No amount shall be payable under this 
        section based on any separation occurring before the date of 
        the enactment of this Act, or after September 30, 2000.
    (d) Additional Agency Contributions to the Retirement Fund.--
            (1) In general.--In addition to any other payments which it 
        is required to make under subchapter III of chapter 83 of title 
        5, United States Code, an agency shall remit to the Office of 
        Personnel Management for deposit in the Treasury of the United 
        States to the credit of the Civil Service Retirement and 
        Disability Fund an amount equal to 15 percent of the final 
        basic pay of each employee of the agency who is covered under 
        subchapter III of chapter 83 or chapter 84 of title 5, United 
        States Code, to whom a voluntary separation incentive has been 
        paid under this section.
            (2) Definition.--For the purpose of paragraph (1), the term 
        ``final basic pay'', with respect to an employee, means the 
        total amount of basic pay which would be payable for a year of 
        service by such employee, computed using the employee's final 
        rate of basic pay, and, if last serving on other than a full-
        time basis, with appropriate adjustment therefor.
    (e) Effect of Subsequent Employment With the Government.--An 
individual who has received a voluntary separation incentive payment 
under this section and accepts any employment for compensation with the 
Government of the United States, or who works for any agency of the 
United States Government through a personal services contract, within 5 
years after the date of the separation on which the payment is based 
shall be required to pay, prior to the individual's first day of 
employment, the entire amount of the incentive payment to the agency 
that paid the incentive payment.
    (f) Reduction of Agency Employment Levels.--
            (1) In general.--The total number of funded employee 
        positions in an agency shall be reduced by one position for 
        each vacancy created by the separation of any employee who has 
        received, or is due to receive, a voluntary separation 
        incentive payment under this section. For the purposes of this 
        subsection, positions shall be counted on a full-time-
        equivalent basis.
            (2) Enforcement.--The President, through the Office of 
        Management and Budget, shall monitor each agency and take any 
        action necessary to ensure that the requirements of this 
        subsection are met.
    (g) Effective Date.--This section shall take effect October 1, 
1996.

(150)Page 54, after line 16 insert:
    Sec. 347. (a) Review of Reporting of Excise Tax Data.--Prior to 
September 30, 1996, the Secretary of the Treasury and the Secretary of 
Transportation shall conduct a review of the reporting of excise tax 
data by the Department of the Treasury to the Department of 
Transportation for fiscal year 1994 and its impact on the allocation of 
Federal aid highways. If the President certifies that all of the 
following conditions are met:
            (1) A significant error was made by the Treasury in its 
        estimate of Highway Trust Fund revenues collected in fiscal 
        year 1994.
            (2) The error is fundamentally different from errors 
        routinely made in such estimates in the past.
            (3) The error is significant enough to justify the fiscal 
        year 1997 apportionments and allocations of Highway Trust Funds 
        be adjusted; and finds that the provision in subsection (b) 
        corrects these deficiencies, then subsection (b) will be 
        operative.
    (b) Calculation of Federal-Aid Highway Apportionments and 
Allocations.--
            (1) In general.--Except as provided in paragraph (2), for 
        fiscal year 1997, the Secretary of Transportation shall 
        determine the Federal-aid highway apportionments and 
        allocations to a State without regard to the approximately 
        $1,596,000,000 credit to the Highway Trust Fund (other than the 
        Mass Transit Account) of estimated taxes paid by States that 
        was made by the Secretary of the Treasury for fiscal year 1995 
        in correction of an accounting error made in fiscal year 1994.
            (2) Adjustments for effects in 1996.--The Secretary of 
        Transportation shall, for each State--
                    (A) determine whether the State would have been 
                apportioned and allocated an increased or decreased 
                amount for Federal-aid highways for fiscal year 1996 if 
                the accounting error referred to in paragraph (1) had 
                not been made (which determination shall take into 
                account the effects of section 1003(c) of the 
                Intermodal Surface Transportation Efficiency Act of 
                1991 (Public Law 102-240; 105 Stat. 1921)); and
                    (B) after apportionments and allocations are 
                determined in accordance with paragraph (1)--
                            (i) adjust the amount apportioned and 
                        allocated to the State for Federal-aid highways 
                        for fiscal year 1997 by the amount of the 
                        increase or decrease; and
                            (ii) adjust accordingly the obligation 
                        limitation for Federal-aid highways distributed 
                        to the State under this Act.
            (3) No effect on 1996 distributions.--Nothing in this 
        section shall affect any apportionment, allocation, or 
        distribution of obligation limitation, or reduction thereof, to 
        a State for Federal-aid highways for fiscal year 1996.
            (4) Effective date.--This section shall take effect on 
        September 30, 1996.

(151)Page 54, after line 16 insert:
    Sec. 348. It is the sense of the Senate that Congress should 
actively consider legislation to establish the Saint Lawrence Seaway 
Development Corporation as a performance-based organization on a pilot 
basis beginning in fiscal year 1998.

(152)Page 54, after line 16 insert:

SEC. 349. FEDERAL AVIATION ADMINISTRATION PROCUREMENT.

    (a) Sense of the Congress.--It is the sense of the Congress that 
the Administrator of the Federal Aviation Administration should promote 
and encourage the use of full and open competition as the preferred 
method of procurement for the Federal Aviation Administration.
    (b) Independent Assessment.--Not later than December 31, 1997, the 
Administrator of the Federal Aviation Administration shall--
            (1) take such action as may be necessary to provide for an 
        independent assessment of the acquisition management system of 
        the Federal Aviation Administration that includes a review of 
        any efforts of the Administrator in promoting and encouraging 
        the use of full and open competition as the preferred method of 
        procurement with respect to any contract that involves an 
        amount greater than $50,000,000; and
            (2) submit to the Congress a report on the findings of that 
        independent assessment.
    (c) Full and Open Competition Defined.--For purposes of this 
section, the term ``full and open competition'' has the meaning 
provided that term in section 4(6) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(6)).

(153)Page 54, after line 16 insert:
    Sec. 350. 49 U.S.C. App. 2311 is amended by adding the following 
new subsection:
                    ``(D) Nebraska.--In addition to vehicles which the 
                State of Nebraska may continue to allow to be operated 
                under paragraphs (1)(a) and (1)(B) of this section, the 
                State of Nebraska may allow longer combination vehicles 
                that were not in actual operation on June 1, 1991 to be 
                operated within its boundaries to transport sugar beets 
                from the field where such sugar beets are harvested to 
                storage, market, factory or stockpile or from stockpile 
                to storage, market or factory. This provision shall 
                expire on September 30, 1997.''.

(154)Page 54, after line 16 insert:
    Sec. 351. (a) Section 120(c) of title 23, United States Code, is 
amended by inserting ``rail-highway crossing closure,'' after 
``carpooling and vanpooling,''.
    (b) Section 130 of such title is amended by adding at the end the 
following:
    ``(i) Incentive Payments for At-Grade Crossing Closures.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section and subject to paragraphs (2) and (3), a State 
        may, from sums available to the State under this section, make 
        incentive payments to local governments in the State upon the 
        permanent closure by such governments of public at-grade 
        railway-highway crossings under the jurisdiction of such 
        governments.
            ``(2) Incentive payments by railroads.--A State may not 
        make an incentive payment under paragraph (1) to a local 
        government with respect to the closure of a crossing unless the 
        railroad owning the tracks on which the crossing is located 
        makes an incentive payment to the government with respect to 
        the closure.
            ``(3) Amount of state payment.--The amount of the incentive 
        payment payable to a local government by a State under 
        paragraph (1) with respect to a crossing may not exceed the 
        lesser of--
                    ``(A) the amount of the incentive payment paid to 
                the government with respect to the crossing by the 
                railroad concerned under paragraph (2); or
                    ``(B) $7,500.
            ``(4) Use of state payments.--A local government receiving 
        an incentive payment from a State under paragraph (1) shall use 
        the amount of the incentive payment for transportation safety 
        improvements.''.

(155)Page 54, after line 16 insert:

SEC. 352. LIMITATION ON FUNDS USED TO ENFORCE REGULATIONS REGARDING 
              ANIMAL FATS AND VEGETABLE OILS.

    None of the funds made available in this Act may be used by the 
Coast Guard to issue, implement, or enforce a regulation or to 
establish an interpretation or guideline under the Edible Oil 
Regulatory Reform Act (Public Law 104-55) or the amendments made by 
that Act that does not recognize and provide for, with respect to fats, 
oils, and greases (as described in that Act or the amendments made by 
that Act) differences in--
            (1) physical, chemical, biological, and other relevant 
        properties; and
            (2) environmental effects.

(156)Page 54, after line 16 insert:
    Sec. 353. (a) In cases where an emergency ocean condition causes 
erosion of a bank protecting a scenic highway or byway, fiscal year 
1996 or fiscal year 1997 Federal Highway Administration Emergency 
Relief funds can be used to halt the erosion and stabilize the bank if 
such action is necessary to protect the highway from imminent failure 
and is less expensive than highway relocation.
    (b) In cases where an emergency condition causes inundation of a 
roadway or saturation of the subgrade with further erosion due to 
abnormal freeze/thaw cycles and damage caused by traffic, fiscal year 
1996 or fiscal year 1997 Federal Highway Administration Emergency 
Relief funds can be used to repair such roadway.
    (c) Not more than $8,000,000 in Federal Highway Administration 
Emergency Relief funds may be used for each of the conditions 
referenced in subsections (a) and (b).

(157)Page 54, after line 16 insert:

SEC. 354. THE RAILROAD SAFETY INSTITUTE.

    Of the money available to the Federal Rail Administration up to 
$500,000 shall be made available to establish and operate the Institute 
for Railroad Safety as authorized by the Swift Rail Development Act of 
1994.

(158)Page 54, after line 16 insert:

SEC. 355. TRAIN WHISTLE REQUIREMENTS.

    No funds shall be made available to implement the regulations 
issued under section 20153(b) of title 49, United States Code, 
requiring audible warnings to be sounded by a locomotive horn at 
highway-rail grade crossings, unless--
            (1) in implementing the regulations or providing an 
        exception to the regulations under section 20153(c) of such 
        title, the Secretary of Transportation takes into account, 
        among other criteria--
                    (A) the interests of the communities that have in 
                effect restrictions on the sounding of a locomotive 
                horn at highway-rail grade crossings as of July 30, 
                1996; and
                    (B) the past safety record at each grade crossing 
                involved; and
            (2) whenever the Secretary determines that supplementary 
        safety measures (as that term is defined in section 20153(a) of 
        title 49, United States Code) are necessary to provide an 
        exception referred to in paragraph (1), the Secretary--
                    (A) having considered the extent to which local 
                communities have established public awareness 
                initiatives and highway-rail crossing traffic law 
                enforcement programs allows for a period of not to 
                exceed 3 years, beginning on the date of that 
                determination, for the installation of those measures; 
                and
                    (B) works in partnership with affected communities 
                to provide technical assistance and to develop a 
                reasonable schedule for the installation of those 
                measures.

(159)Page 54, after line 16 insert:
    Sec. 356. No funds appropriated under this Act shall be used to 
levy penalties prior to September 1, 1997, on the States of Maine or 
New Hampshire based on non-compliance with Federal vehicle weight 
limitations.

(160)Page 54, strike out all after line 18 over to and including line 2 
on page 55

(161)Page 55, strike out lines 3 through 9

(162)Page 55, strike out lines 10 through 19

(163)Page 55, after line 19 insert:
    Sec. 403. The funds authorized to be appropriated for highway-
railroad grade crossing separations in Mineola, New York, under the 
head ``Highway-Railroad Grade Crossing Safety Demonstration Project 
(Highway Trust Fund)'' in House Report 99-976 and section 302(l) of 
Public Law 99-591 are hereby also authorized to be appropriated for 
other grade crossing improvements in Nassau and Suffolk Counties in New 
York and shall be available in accordance with the terms of the 
original authoriziaton in House Report 99-976.

(164)Page 56, strike out lines 18 through 21

(165)Page 56, after line 21 insert:
    Sec. 405. The amount appropriated for the Lake Shore Drive 
extension study, Whiting, Indiana, under the matter under the heading 
``surface transportation projects'' under the heading ``FEDERAL HIGHWAY 
ADMINISTRATION'' in title I of the Department of Transportation and 
Related Agencies Appropriations Act, 1995 (Public Law 103-331; 108 
Stat. 2478), shall be made available to carry out the congestion relief 
project for the construction of a 4-lane road and overpass at 
Merrillville, Indiana, authorized by item 35 of section 1104(b) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 
102-240; 105 Stat. 2030).

(166)Page 56, after line 21 insert:

SEC. 406. HIGHWAY SAFETY IMPROVEMENT PROJECT, MICHIGAN.

    Of the amount appropriated for the highway safety improvement 
project, Michigan, under the matter under the heading ``Surface 
Transportation Projects'' under the heading ``FEDERAL HIGHWAY 
ADMINISTRATION'' in title I of the Department of Transportation and 
Related Agencies Appropriations Act, 1995 (Public Law 103-331; 108 
Stat. 2478), for the purposes of right-of-way acquisition for Baldwin 
Road, and engineering, right-of-way acquisition, and construction 
between Walton Boulevard and Dixie Highway, $2,000,000 shall be made 
available for construction of Baldwin Road.

(167)Page 56, after line 21 insert:

SEC. 407. TRANSFER OF FUNDS AMONG MINNESOTA HIGHWAY PROJECTS.

    (a) In General.--Such portions of the amounts appropriated for the 
Minnesota highway projects described in subsection (b) that have not 
been obligated as of December 31, 1996, may, at the option of the 
Minnesota Department of Transportation, be made available to carry out 
the 34th Street Corridor Project in Moorhead, Minnesota, authorized by 
section 149(a)(5)(A)(iii) of the Surface Transportation and Uniform 
Relocation Assistance Act of 1987 (Public Law 100-17; 101 Stat. 181) 
(as amended by section 340(a) of the National Highway System 
Designation Act of 1995 (Public Law 104-59; 109 Stat. 607)).
    (b) Projects.--The Minnesota highway projects described in this 
subsection are--
            (1) the project for Saint Louis County authorized by 
        section 149(a)(76) of the Surface Transportation and Uniform 
        Relocation Assistance Act of 1987 (Public Law 100-17; 101 Stat. 
        192); and
            (2) the project for Nicollet County authorized by item 159 
        of section 1107(b) of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2056).

(168)Page 56, strike out line 22

(169)Page 56, strike out all after line 22 over to and including line 
25 on page 57

(170)Page 58, strike out lines 1 through 6

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                               H. R. 3675

_______________________________________________________________________

                               AMENDMENTS

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