IB

104TH CONGRESS

2D SESSION H. R. 3675

IN THE HOUSE OF REPRESENTATIVES

AUGUST 1, 1996

Ordered to be printed with the amendments of the Senate numbered

AN ACT

Making appropriations for the Department of Transportation

and related agencies for the fiscal year ending September

30, 1997, and for other purposes.

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:

7 TITLE I

8 DEPARTMENT OF TRANSPORTATION

9 OFFICE OF THE SECRETARY

10 SALARIES AND EXPENSES

11 For necessary expenses of the Office of the Sec12 retary,Ω1æ$53,816,000 $53,376,000, Ω2æof which such
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1 sums as necessary shall be used to investigate anticompeti2 tive practices in air transportation, enforce section 41712

3 of title 49, and report to Congress by the end of the fiscal

4 year on its progress to address anticompetitive practices,

5 and of which not to exceed $40,000 shall be available as

6 the Secretary may determine for allocation within the De7 partment for official reception and representation ex8 penses: Provided, That notwithstanding any other provi9 sion of law, there may be credited to this appropriation

10 up to $1,000,000 in funds received in user fees established

11 to support the electronic tariff filing system: Provided fur12 ther, That none of the funds appropriated in this Act or

13 otherwise made available may be used to maintain custody

14 of airline tariffs that are already available for public and

15 departmental access at no cost; to secure them against de16 tection, alteration, or tampering; and open to inspection

17 by the Department.

18 OFFICE OF CIVIL RIGHTS

19 For necessary expenses of the Office of Civil Rights,

20 $5,574,000.

21 TRANSPORTATION PLANNING, RESEARCH, AND

22 DEVELOPMENT

23 For necessary expenses for conducting transportation

24 planning, research, systems development, and development

25 activities, to remain available until expended, $3,000,000.
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1 TRANSPORTATION ADMINISTRATIVE SERVICE CENTER

2 Necessary expenses for operating costs and capital

3 outlays of the Transportation Administrative Service Cen4 ter, not to exceed $124,812,000, shall be paid from appro5 priations made available to the Department of Transpor6 tation: Provided, That such services shall be provided on

7 a competitive basis to entities within the Department of

8 Transportation: Provided further, That the above limita9 tion on operating expenses shall not apply to non-DOT

10 entities: Provided further, That no funds appropriated in

11 this Act to an agency of the Department shall be trans12 ferred to the Transportation Administrative Service Cen13 ter without the approval of the agency modal adminis14 trator: Provided further, That no assessments may be lev15 ied against any program, budget activity, subactivity or

16 project funded by this Act unless notice of such assess17 ments and the basis therefor are presented to the House

18 and Senate Committees on Appropriations and are ap19 proved by such Committees.

20 PAYMENTS TO AIR CARRIERS

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (AIRPORT AND AIRWAY TRUST FUND)

23 (INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

24 For liquidation of obligations incurred for payments

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

26 determined under subchapter II of chapter 417 of title 49,
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1 United States Code, as is payable by the Department of

2 Transportation,Ω3æ$10,000,000 $25,900,000, to remain

3 available until expended and to be derived from the Air4 port and Airway Trust Fund: Provided, That none of the

5 funds in this Act shall be available for the implementation

6 or execution of programs in excess of Ω4æ$10,000,000

7 $25,900,000 for the Payments to Air Carriers program in

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

9 in this Act shall be used by the Secretary of Transpor10 tation to make payment of compensation under subchapter

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

12 of the appropriation in this Act for liquidation of obliga13 tions incurred under the ‘‘Payments to air carriers’’ pro14 gram: Provided further, That none of the funds in this Act

15 shall be used for the payment of claims for such com16 pensation except in accordance with this provision: Pro17 vided further, That none of the funds in this Act shall be

18 available for service to communities in the forty-eight con19 tiguous States that are located fewer than seventy high20 way miles from the nearest large or medium hub airport,

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

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

23 and ten miles from the nearest large or medium hub air24 port: Provided further, That of funds provided for ‘‘Small

25 Community Air Service’’ by Public Law 101–
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1 508,Ω5æ$28,600,000 $12,700,000 in fiscal year 1997 is

2 hereby rescinded.

3 PAYMENTS TO AIR CARRIERS

4 (RESCISSION)

5 Of the budgetary resources remaining available under

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

7 RENTAL PAYMENTS

8 For necessary expenses for rental of headquarters

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

10 for related services assessed by the General Services Ad11 ministration, Ω6æ$127,447,000 $129,500,000: Provided,

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

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

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

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

16 shall be derived from the Harbor Maintenance Trust

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

18 by the General Services Administration related to the

19 space needs of the Federal Highway Administration,

20 Ω7æ$17,294,000 $17,192,000, to be derived from ‘‘Fed21 eral-aid Highways’’, subject to the ‘‘Limitation on General

22 Operating Expenses’’.

23 MINORITY BUSINESS RESOURCE CENTER PROGRAM

24 For the cost of direct loans, $1,500,000, as author25 ized by 49 U.S.C. 332: Provided, That such costs, includ-
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1 ing the cost of modifying such loans, shall be as defined

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

3 Provided further, That these funds are available to sub4 sidize gross obligations for the principal amount of direct

5 loans not to exceed $15,000,000. In addition, for adminis6 trative expenses to carry out the direct loan program,

7 $400,000.

8 MINORITY BUSINESS OUTREACH

9 For necessary expenses of the Minority Business Re10 source Center outreach activities, $2,900,000, of which

11 $2,635,000 shall remain available until September 30,

12 1998: Provided, That notwithstanding 49 U.S.C. 332,

13 these funds may be used for business opportunities related

14 to any mode of transportation.

15 COAST GUARD

16 OPERATING EXPENSES

17 For necessary expenses for the operation and mainte18 nance of the Coast Guard, not otherwise provided for; pur19 chase of not to exceed five passenger motor vehicles for

20 replacement only; payments pursuant to section 156 of

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

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

23 429(b)); and recreation and welfare; Ω8æ$2,609,100,000

24 $2,331,350,000, of which $25,000,000 shall be derived

25 from the Oil Spill Liability Trust Fund: Provided, That
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1 the number of aircraft on hand at any one time shall not

2 exceed two hundred and eighteen, exclusive of aircraft and

3 parts stored to meet future attrition: Provided further,

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

5 Act shall be available for pay or administrative expenses

6 in connection with shipping commissioners in the United

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

8 in this Act shall be available for expenses incurred for

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

10 the extent fees are collected from yacht owners and cred11 ited to this appropriation: Provided further, That the Com12 mandant shall reduce both military and civilian employ13 ment levels for the purpose of complying with Executive

14 Order No. 12839.

15 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

16 For necessary expenses of acquisition, construction,

17 renovation, and improvement of aids to navigation, shore

18 facilities, vessels, and aircraft, including equipment related

19 thereto, Ω9æ$358,000,000 $393,100,000, of which

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

21 Trust Fund; of which Ω10æ$205,600,000 $227,960,000

22 shall be available to acquire, repair, renovate or improve

23 vessels, small boats and related equipment, to remain

24 available until September 30, 2001; Ω11æ$18,300,000

25 $19,040,000 shall be available to acquire new aircraft and
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1 increase aviation capability, to remain available until Sep2 tember 30, 1999; Ω12æ$39,900,000 $46,200,000 shall be

3 available for other equipment, to remain available until

4 September 30, 1999; Ω13æ$47,950,000 $52,900,000 shall

5 be available for shore facilities and aids to navigation fa6 cilities, to remain available until September 30, 1999; and

7 Ω14æ$46,250,000 $47,000,000 shall remain available for

8 personnel compensation and benefits and related costs, to

9 remain available until September 30, 1998: Provided,

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

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

12 the purpose of acquiring new aircraft and increasing avia13 tion capacity: Provided further, That the Commandant

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

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

16 appropriationΩ15æ:–Provided further, That the property in

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

18 resulting in a final fiscal year 1997 appropriation esti19 mated at $338,000,000Ω16æ: Provided further, That none

20 of the funds in this Act may be obligated or expended to

21 continue the ‘‘Vessel Traffic Service 2000’’ Program.

22 Ω17æAcquisition, Construction, and Improvements

23 (RESCISSIONS)

24 Of the available balances under this heading provided

25 in Public Law 104–50, $3,400,000 are rescinded.
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1 Of the available balances under this heading provided

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

3 ENVIRONMENTAL COMPLIANCE AND RESTORATION

4 For necessary expenses to carry out the Coast

5 Guard’s environmental compliance and restoration func6 tions under chapter 19 of title 14, United States Code,

7 Ω18æ$21,000,000 $23,000,000, to remain available until

8 expended.

9 Ω19æPORT SAFETY DEVELOPMENT

10 For necessary expenses for debt retirement of the Port

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

12 expended.

13 ALTERATION OF BRIDGES

14 For necessary expenses for alteration or removal of

15 obstructive bridges, Ω20æ$16,000,000 $10,000,000, to re16 main available until expended.

17 RETIRED PAY

18 For retired pay, including the payment of obligations

19 therefor otherwise chargeable to lapsed appropriations for

20 this purpose, and payments under the Retired Service21 man’s Family Protection and Survivor Benefits Plans, and

22 for payments for medical care of retired personnel and

23 their dependents under the Dependents Medical Care Act

24 (10 U.S.C. ch. 55) $608,084,000.
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1 RESERVE TRAINING

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

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

5 $65,890,000.

6 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

7 For necessary expenses, not otherwise provided for,

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

10 facilities and equipment, as authorized by law,

11 Ω21æ$19,000,000 $19,550,000, to remain available until

12 expended, of which $5,020,000 shall be derived from the

13 Oil Spill Liability Trust Fund: Provided, That there may

14 be credited to this appropriation funds received from State

15 and local governments, other public authorities, private

16 sources, and foreign countries, for expenses incurred for

17 research, development, testing, and evaluation.

18 BOAT SAFETY

19 (AQUATIC RESOURCES TRUST FUND)

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

22 75, as amended, Ω22æ$35,000,000 $10,000,000, to be de23 rived from the Boat Safety Account and to remain avail24 able until expended.
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1 FEDERAL AVIATION ADMINISTRATION

2 OPERATIONS

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

6 transportation, administrative expenses for research and

7 development, establishment of air navigation facilities and

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

10 chapter 471 of title 49, United States Code, or other pro11 visions of law authorizing the obligation of funds for simi12 lar programs of airport and airway development or im13 provement, lease or purchase of four passenger motor ve14 hicles for replacement only, Ω23æ$4,900,000,000

15 $4,899,957,000, of which Ω24æ$1,642,500,000

16 $2,742,602,000 shall be derived from the Airport and Air17 way Trust Fund: Provided, That notwithstanding any

18 other provision of law, not to exceed Ω25æ$30,000,000

19 $75,000,000 from additional user fees to be established by

20 the Administrator of the Federal Aviation Administration

21 shall be credited to this appropriation as offsetting collec22 tions and used for necessary and authorized expenses

23 under this heading: Provided further, That the sum herein

24 appropriated from the general fund shall be reduced on

25 a dollar for dollar basis as such offsetting collections are
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1 received during fiscal year 1997, to result in a final fiscal

2 year 1997 appropriation from the general fund estimated

3 at not more than Ω26æ$2,127,398,000

4 $2,082,355,000Ω27æ:–Provided further, That the only addi5 tional user fees authorized as offsetting collections are fees

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

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

8 there may be credited to this appropriation, funds received

9 from States, counties, municipalities, foreign authorities,

10 other public authorities, and private sources, for expenses

11 incurred in the provision of agency services, including re12 ceipts for the maintenance and operation of air navigation

13 facilities and, for issuance, renewal or modification of cer14 tificates, including airman, aircraft, and repair station cer15 tificates, or for tests related thereto, or for processing

16 major repair or alteration forms: Provided further, That

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

18 a nonprofit standard setting organization to assist in the

19 development of aviation safety standards: Provided fur20 ther, That none of the funds in this Act shall be available

21 for new applicants for the second career training program:

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

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

24 5546(a) to any Federal Aviation Administration employee

25 unless such employee actually performed work during the
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1 time corresponding to such premium pay: Provided fur2 ther, That none of the funds in this Act may be obligated

3 or expended to operate a manned auxiliary flight service

4 station in the contiguous United States: Provided further,

5 That none of the funds derived from the Airport and Air6 way Trust Fund may be used to support the operations

7 and activities of the Associate Administrator for Commer8 cial Space Transportation.

9 FACILITIES AND EQUIPMENT

10 (AIRPORT AND AIRWAY TRUST FUND)

11 For necessary expenses, not otherwise provided for,

12 for acquisition, establishment, and improvement by con13 tract or purchase, and hire of air navigation and experi14 mental facilities and equipment as authorized under part

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

16 initial acquisition of necessary sites by lease or grant; en17 gineering and service testing, including construction of

18 test facilities and acquisition of necessary sites by lease

19 or grant; and construction and furnishing of quarters and

20 related accommodations for officers and employees of the

21 Federal Aviation Administration stationed at remote local22 ities where such accommodations are not available; and

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

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

25 and Airway Trust Fund, Ω28æ$1,800,000,000
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1 $1,788,700,000, of which Ω29æ$1,583,000,000

2 $1,571,700,000 shall remain available until September 30,

3 1999, and of which $217,000,000 shall remain available

4 until September 30, 1997: Provided, That there may be

5 credited to this appropriation funds received from States,

6 counties, municipalities, other public authorities, and pri7 vate sources, for expenses incurred in the establishment

8 and modernization of air navigation facilities.

9 RESEARCH, ENGINEERING, AND DEVELOPMENT

10 (AIRPORT AND AIRWAY TRUST FUND)

11 For necessary expenses, not otherwise provided for,

12 for research, engineering, and development, as authorized

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

14 Code, including construction of experimental facilities and

15 acquisition of necessary sites by lease or grant,

16 Ω30æ$185,000,000 $188,490,000, to be derived from the

17 Airport and Airway Trust Fund and to remain available

18 until September 30, 1999: Provided, That there may be

19 credited to this appropriation funds received from States,

20 counties, municipalities, other public authorities, and pri21 vate sources, for expenses incurred for research, engineer22 ing, and development.
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1 GRANTS-IN-AID FOR AIRPORTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (AIRPORT AND AIRWAY TRUST FUND)

4 For liquidation of obligations incurred for grants-in5 aid for airport planning and development, and for noise

6 compatibility planning and programs as authorized under

7 subchapter I of chapter 471 and subchapter I of chapter

8 475 of title 49, United States Code, and under other law

9 authorizing such obligations, $1,500,000,000, to be de10 rived from the Airport and Airway Trust Fund and to re11 main available until expended: Provided, That none of the

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

13 execution of programs the obligations for which are in ex14 cess of Ω31æ$1,300,000,000 $1,460,000,000 in fiscal year

15 1997 for grants-in-aid for airport planning and develop16 ment, and noise compatibility planning and programs, not17 withstanding section 47117(h) of title 49, United States

18 Code.

19 AVIATION INSURANCE REVOLVING FUND

20 The Secretary of Transportation is hereby authorized

21 to make such expenditures and investments, within the

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

23 in accordance with section 104 of the Government Cor24 poration Control Act, as amended (31 U.S.C. 9104), as

25 may be necessary in carrying out the program for aviation
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1 insurance activities under chapter 443 of title 49, United

2 States Code.

3 AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM

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

5 activities under this heading during fiscal year 1997.

6 Ω32æADMINISTRATIVE SERVICES FRANCHISE FUND

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

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

9 capitalizing and operating such administrative services as

10 the FAA Administrator determines may be performed more

11 advantageously as centralized services, including account12 ing, international training, payroll, travel, duplicating,

13 multimedia and information technology services: Provided,

14 That any inventories, equipment, and other assets pertain15 ing to the services to be provided by such fund, either on

16 hand or on order, less the related liabilities or unpaid obli17 gations, and any appropriations made prior to the current

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

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

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

21 other Federal agencies for which such centralized services

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

23 of operation, including accrued leave, depreciation of fund

24 plant and equipment, amortization of Automated Data

25 Processing (ADP) software and systems (either required or
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1 donated), and an amount necessary to maintain a reason2 able operating reserve, as determined by the FAA Adminis3 trator: Provided further, That such fund shall provide serv4 ices on a competitive basis: Provided further, That an

5 amount not to exceed four percent of the total annual in6 come to such fund may be retained in the fund for fiscal

7 year 1997 and each year thereafter, to remain available

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

9 equipment and for the improvement and implementation

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

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

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

13 limitation shall be transferred to miscellaneous receipts in

14 the Treasury.

15 FEDERAL HIGHWAY ADMINISTRATION

16 LIMITATION ON GENERAL OPERATING EXPENSES

17 Necessary expenses for administration, operation, in18 cluding motor carrier safety program operations, and re19 search of the Federal Highway Administration not to ex20 ceed Ω33æ$510,981,000 $534,846,000 shall be paid in ac21 cordance with law from appropriations made available by

22 this Act to the Federal Highway Administration together

23 with advances and reimbursements received by the Fed24 eral Highway Administration: Provided, That
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1 Ω34æ$214,698,000 $234,840,000 of the amount provided

2 herein shall remain available until September 30, 1999.

3 HIGHWAY-RELATED SAFETY GRANTS

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (HIGHWAY TRUST FUND)

6 For payment of obligations incurred in carrying out

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

8 administered by the Federal Highway Administration, to

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

10 from the Highway Trust Fund.

11 FEDERAL-AID HIGHWAYS

12 (LIMITATION ON OBLIGATIONS)

13 (HIGHWAY TRUST FUND)

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

15 the implementation or execution of programs the obliga16 tions for which are in excess of Ω35æ$17,550,000,000

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

18 safety construction programs for fiscal year 1997.

19 FEDERAL-AID HIGHWAYS

20 (LIQUIDATION OF CONTRACT AUTHORIZATION)

21 (HIGHWAY TRUST FUND)

22 For carrying out the provisions of title 23, United

23 States Code, that are attributable to Federal-aid high24 ways, including the National Scenic and Recreational

25 Highway as authorized by 23 U.S.C. 148, not otherwise
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1 provided, including reimbursements for sums expended

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

3 $19,800,000,000 or so much thereof as may be available

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

5 available until expended.

6 RIGHT-OF-WAY REVOLVING FUND

7 (LIMITATION ON DIRECT LOANS)

8 (HIGHWAY TRUST FUND)

9 Ω36æNone of the funds under this head are available

10 for obligations for right-of-way acquisition during fiscal

11 year 1997. For the cost of direct loans, $8,000,000, as au12 thorized by section 108 of title 23, United States Code.

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 Ω37æ$77,425,000 $79,000,000 for ‘‘Motor Carrier Safety

23 Grants’’.
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1 Ω38æSTATE 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.
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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 Ω39æ$81,895,000 $80,000,000, of which $45,646,000 shall

9 remain available until September 30, 1999: Provided,

10 That none of the funds appropriated by this Act may be

11 obligated or expended to plan, finalize, or implement any

12 rulemaking to add to section 575.104 of title 49 of the

13 Code of Federal Regulations any requirement pertaining

14 to a grading standard that is different from the three

15 grading standards (treadwear, traction, and temperature

16 resistance) 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, Ω40æ$50,377,000 $53,195,000, of which
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1 $27,066,000 shall remain available until September 30,

2 1999.

3 HIGHWAY TRAFFIC SAFETY GRANTS

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (HIGHWAY TRUST FUND)

6 For payment of obligations incurred carrying out the

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

8 303 of title 49, United States Code, and section 209 of

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

10 expended, Ω41æ$167,100,000 $169,100,000, to be derived

11 from the Highway Trust Fund: Provided, That, notwith12 standing subsection 2009(b) of the Intermodal Surface

13 Transportation Efficiency Act of 1991, none of the funds

14 in this Act shall be available for the planning or execution

15 of programs the total obligations for which, in fiscal year

16 1997, are in excess of Ω42æ$167,100,000 $169,100,000 for

17 programs authorized under 23 U.S.C. 402 and 410, as

18 amended, of which Ω43æ$127,700,000 $129,700,000 shall

19 be for ‘‘State and community highway safety grants’’,

20 $2,400,000 shall be for the ‘‘National Driver Register’’,

21 Ω44æ$11,000,000 $12,000,000 shall be for highway safety

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

23 102–240, and Ω45æ$26,000,000 $25,000,000 shall be for

24 section 410 ‘‘Alcohol-impaired driving counter-measures

25 programs’’: Provided further, That none of these funds
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1 shall be used for construction, rehabilitation or remodeling

2 costs, or for office furnishings and fixtures for State, local,

3 or private buildings or structures: Provided further, That

4 not to exceed Ω46æ$5,268,000 $5,468,000 of the funds

5 made available for section 402 may be available for admin6 istering ‘‘State and community highway safety grants’’:

7 Provided further, That not to exceed $150,000 of the

8 funds made available for section 402 may be available for

9 administering the highway safety grants authorized by

10 section 1003(a)(7) of Public Law 102–240: Provided fur11 ther, That the unobligated balances of the appropriation

12 ‘‘Highway-Related Safety Grants’’ shall be transferred to

13 and merged with this ‘‘Highway Traffic Safety Grants’’

14 appropriation: Provided further, That not to exceed

15 $500,000 of the funds made available for section 410 ‘‘Al16 cohol-impaired driving counter-measures programs’’ shall

17 be available for technical assistance to the States.

18 FEDERAL RAILROAD ADMINISTRATION

19 OFFICE OF THE ADMINISTRATOR

20 For necessary expenses of the Federal Railroad Ad21 ministration, not otherwise provided for,

22 Ω47æ$16,469,000 $16,739,000, of which $1,523,000 shall

23 remain available until expended: Provided, That none of

24 the funds in this Act shall be available for the planning

25 or execution of a program making commitments to guar-
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1 antee new loans under the Emergency Rail Services Act

2 of 1970, as amended, and no new commitments to guaran3 tee loans under section 211(a) or 211(h) of the Regional

4 Rail Reorganization Act of 1973, as amended, shall be

5 made: Provided further, That, as part of the Washington

6 Union Station transaction in which the Secretary assumed

7 the first deed of trust on the property and, where the

8 Union Station Redevelopment Corporation or any succes9 sor is obligated to make payments on such deed of trust

10 on the Secretary’s behalf, including payments on and after

11 September 30, 1988, the Secretary is authorized to receive

12 such payments directly from the Union Station Redevelop13 ment Corporation, credit them to the appropriation

14 charged for the first deed of trust, and make payments

15 on the first deed of trust with those funds: Provided fur16 ther, That such additional sums as may be necessary for

17 payment on the first deed of trust may be advanced by

18 the Administrator from unobligated balances available to

19 the Federal Railroad Administration, to be reimbursed

20 from payments received from the Union Station Redevel21 opment Corporation.

22 RAILROAD SAFETY

23 For necessary expenses in connection with railroad

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

25 $2,476,000 shall remain available until expended: Pro-
25

•HR 3675 PP

1 vided, That notwithstanding any other law, funds appro2 priated under this heading are available for the reimburse3 ment of out-of-state travel and per diem costs incurred

4 by employees of state governments directly supporting the

5 Federal railroad safety program, including regulatory de6 velopment and compliance-related activities.

7 RAILROAD RESEARCH AND DEVELOPMENT

8 For necessary expenses for railroad research and de9 velopment, Ω48æ$20,341,000 $20,000,000, to remain

10 available until expended.

11 Ω49æNORTHEAST CORRIDOR IMPROVEMENT PROGRAM

12 For necessary expenses related to Northeast Corridor

13 improvements authorized by title VII of the Railroad Revi14 talization and Regulatory Reform Act of 1976, as amended

15 (45 U.S.C. 851 et seq.) and 49 U.S.C. 24909, $200,000,000,

16 to remain available until September 30, 1999.

17 HIGH-SPEED RAIL TRAINSETS AND FACILITIES

18 For the National Railroad Passenger Corporation,

19 $80,000,000, to remain available until September 30,

20 1999, to pursue public/private partnerships for high-speed

21 rail trainset and maintenance facility financing arrange22 ments.
26

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1 RAILROAD REHABILITATION AND IMPROVEMENT

2 PROGRAM

3 The Secretary of Transportation is authorized to

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

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

8 may be necessary to pay any amounts required pursuant

9 to the guarantee of the principal amount of obligations

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

12 outstanding: Provided, That no new loan guarantee com13 mitments shall be made during fiscal year Ω50æ1997.

14 1997, except for up to $75,000,000 in loan guarantee com15 mitments during such fiscal year (and $4,158,000 is hereby

16 made available for the cost of such loan guarantee commit17 ments).

18 NEXT GENERATION HIGH-SPEED RAIL

19 For necessary expenses for Next Generation High20 Speed Rail studies, corridor planning, development, dem21 onstration, and implementation, Ω51æ$19,757,000

22 $26,525,000, to remain available until expended: Provided,

23 That funds under this head may be made available for

24 grants to States for high-speed rail corridor design, fea-
27

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1 sibility studies, environmental analyses, and Ω52ætrack

2 and signal track, signal and station improvements.

3 TRUST FUND SHARE OF NEXT GENERATION HIGH4 SPEED RAIL

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (HIGHWAY TRUST FUND)

7 For grants and payment of obligations incurred in car8 rying out the provisions of the High-Speed Ground Trans9 portation program as defined in subsections 1036(c) and

10 1036(d)(1)(B) of the Intermodal Surface Transportation

11 Efficiency Act of 1991, including planning and environ12 mental analyses, $2,855,000, to be derived from the High13 way Trust Fund and to remain available until expended.

14 Ω53æALASKA RAILROAD REHABILITATION

15 To enable the Secretary of Transportation to make

16 grants to the Alaska Railroad, $10,000,000 shall be for cap17 ital rehabilitation and improvements benefiting its pas18 senger operations.

19 RHODE ISLAND RAIL DEVELOPMENT

20 For the costs associated with construction of a third

21 track on the Northeast Corridor between Davisville and

22 Central Falls, Rhode Island, with sufficient clearance to

23 accommodate double stack freight cars, Ω54æ$4,000,000

24 $10,000,000 to be matched by the State of Rhode Island

25 or its designee on a dollar for dollar basis and to remain
28

•HR 3675 PP

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

2 accepting such funds, the Providence and Worcester

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

4 Secretary to reimburse Amtrak and/or the Federal Rail5 road Administration, on a dollar for dollar basis, up to

6 the first Ω55æ$10,000,000 $16,000,000 in damages result7 ing from the legal action initiated by the P&W Railroad

8 under its existing contracts with Amtrak relating to the

9 provision of vertical clearances between Davisville and

10 Central Falls in excess of those required for present

11 freight operations.

12 Ω56æDIRECT LOAN FINANCING PROGRAM

13 Notwithstanding any other provision of law,

14 $58,680,000, for direct loans not to exceed $400,000,000

15 consistent with the purposes of section 505 of the Railroad

16 Revitalization and Regulatory Reform Act of 1976 (45

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

18 Alameda Corridor Transportation Authority to continue

19 the Alameda Corridor Project, including replacement of

20 at-grade rail lines with a below-grade corridor and widen21 ing of the adjacent major highway: Provided, That loans

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

23 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
29

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1 Provided further, That any loan authorized under this sec2 tion shall be structured with a maximum 30-year repay3 ment after completion of construction at an annual inter4 est rate of not to exceed the 30-year United States Treas5 ury rate and on such terms and conditions as deemed ap6 propriate by the Secretary of Transportation: Provided

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

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

9 Corridor Transportation Authority shall be deemed to be

10 a financially responsible person for purposes of section

11 505 of the Act.

12 GRANTS TO THE NATIONAL RAILROAD PASSENGER

13 CORPORATION

14 To enable the Secretary of Transportation to make

15 grants to the National Railroad Passenger Corporation

16 authorized by 49 U.S.C. 24104,Ω57æ$462,000,000

17 $592,000,000, to remain available until expended, of which

18 $342,000,000 shall be available for operating losses and

19 for mandatory passenger rail service payments, and

20 Ω58æ$120,000,000 $250,000,000 shall be for capital im21 provements: Provided, That funding under this head for

22 capital improvements shall not be made available before

23 July 1, 1997: Provided further, That none of the funds

24 herein appropriated shall be used for lease or purchase

25 of passenger motor vehicles or for the hire of vehicle oper-
30

•HR 3675 PP

1 ators for any officer or employee, other than the president

2 of the Corporation, excluding the lease of passenger motor

3 vehicles for those officers or employees while in official

4 travel status.

5 FEDERAL TRANSIT ADMINISTRATION

6 ADMINISTRATIVE EXPENSES

7 For necessary administrative expenses of the Federal

8 Transit Administration’s programs authorized by chapter

9 53 of title 49, United States Code, Ω59æ$41,367,000

10 $42,147,000.

11 FORMULA GRANTS

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

13 5310(a)(2), 5311, and 5336, to remain available until ex14 pended, Ω60æ$490,000,000 $218,335,000: Provided, That

15 no more than Ω61æ$2,052,925,000 $2,149,185,000 of

16 budget authority shall be available for these purposes: Pro17 vided further, ThatΩ62æ, notwithstanding any other provi18 sion of law, of the funds provided under this head for for19 mula grants, no more than $400,000,000 may be used for

20 operating assistance under 49 U.S.C. 5336(d): Provided

21 further, That the limitation on operating assistance pro22 vided under this heading shall, for urbanized areas of less

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

24 percent of the amount of operating assistance such areas

25 are eligible to receive under Public Law 103–331: Pro-
31

•HR 3675 PP

1 vided further, That in the distribution of the limitation

2 provided under this heading to urbanized areas that had

3 a population under the 1990 census of 1,000,000 or more,

4 the Secretary shall direct each such area to give priority

5 consideration to the impact of reductions in operating as6 sistance on smaller transit authorities operating within the

7 area and to consider the needs and resources of such tran8 sit authorities when the limitation is distributed among

9 all transit authorities operating in the area.

10 UNIVERSITY TRANSPORTATION CENTERS

11 For necessary expenses for university transportation

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

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

14 TRANSIT PLANNING AND RESEARCH

15 For necessary expenses for transit planning and re16 search as authorized by 49 U.S.C. 5303, 5311, 5313,

17 5314, and 5315, to remain available until expended,

18 $85,500,000, of which $39,500,000 shall be for activities

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

20 $4,500,000 for activities under Rural Transit Assistance

21 (49 U.S.C. 5311(b)(2)); $8,250,000 for activities under

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

23 $22,000,000 for activities under National Planning and

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

25 under Transit Cooperative Research (49 U.S.C. 5313(a));
32

•HR 3675 PP

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

2 5315).

3 TRUST FUND SHARE OF EXPENSES

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (HIGHWAY TRUST FUND)

6 For payment of obligations incurred in carrying out

7 49 U.S.C. 5338(a), $1,920,000,000, to remain available

8 until expended and to be derived from the Highway Trust

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

10 the Mass Transit Account of the Highway Trust Fund to

11 the Federal Transit Administration’s formula grants ac12 count.

13 DISCRETIONARY GRANTS

14 (LIMITATION ON OBLIGATIONS)

15 (HIGHWAY TRUST FUND)

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

17 the implementation or execution of programs the obliga18 tions for which are in excess of Ω63æ$1,665,000,000

19 $1,900,000,000 in fiscal year 1997 for grants under the

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

21 Ω64ænotwithstanding any provision of law, there shall be

22 available for fixed guideway modernization,

23 Ω65æ$666,000,000 $725,000,000; there shall be available

24 for the replacement, rehabilitation, and purchase of buses

25 and related equipment and the construction of bus-related
33

•HR 3675 PP

1 facilities, Ω66æ$333,000,000 $375,000,000; and, notwith2 standing any other provision of law, except for fixed guide3 way modernization projects, Ω67æ$10,510,000 $8,890,000

4 made available under Public Law 102–240 and Public

5 Law 102–143 under ‘‘Federal Transit Administration,

6 Discretionary Grants’’ for projects specified in those Acts

7 or identified in reports accompanying those Acts, not obli8 gated by September 30, 1996; together with, notwith9 standing any other provision of law, $744,000 funds made

10 available for the ‘‘New Bedford and Fall River Massachu11 setts commuter rail extension’’ under Public Law 103–

12 331; together with, notwithstanding any other provision

13 of law, $47,322,000 funds made available for the ‘‘Chi14 cago Central Area Circulator Project’’ in Public Law 103–

15 122 and Public Law 103–331, shall be made available for

16 new fixed guideway systems together with the

17 Ω68æ$666,000,000 $800,000,000 made available for new

18 fixed guideway systems in this Act, to be available as fol19 lows:

20 Ω69æ$6,390,000 for the Alaska-Hollis to Ketch21 ikan ferry project;

22 Ω70æ$66,820,000 $62,000,000 for the Atlanta23 North Springs project;

24 Ω71æ$10,260,000 $5,000,000 for the Baltimore25 LRT Extension project;
34

•HR 3675 PP

1 Ω72æ$40,181,000 $30,000,000 for the Boston

2 Piers-MOS–2 project;

3 Ω73æ$2,000,000 for the Burlington-Charlotte,

4 Vermont commuter rail project;

5 Ω74æ$5,500,000 for the Canton-Akron-Cleve6 land commuter rail project;

7 Ω75æ$25,000,000, $20,000,000 notwithstanding

8 any other provision of law, for transit improvements

9 in the Chicago downtown area;

10 $3,000,000 for the Cincinnati Northeast-North11 ern Kentucky rail line project;

12 Ω76æ$10,000,000 $12,000,000 for the DART

13 North Central light rail extension project;

14 Ω77æ$12,500,000 $18,000,000 for the Dallas15 Fort Worth RAILTRAN project;

16 Ω78æ$1,000,000 for the DeKalb County, Geor17 gia light rail project;

18 Ω79æ$3,000,000 for the Denver Southwest Cor19 ridor project;

20 Ω80æ$9,000,000 $20,000,000 for the Florida

21 Tri-County commuter rail project;

22 Ω81æ$2,000,000 for the Griffin light rail

23 project;

24 Ω82æ$40,590,000 $24,000,000 for the Houston

25 Regional Bus project;
35

•HR 3675 PP

1 Ω83æ$7,400,000 for the Jackson, Mississippi

2 Intermodal Corridor;

3 Ω84æ$15,300,000 for the Jacksonville ASE ex4 tension project;

5 Ω85æ$1,500,000 $3,600,000 for the Kansas City

6 Southtown corridor project;

7 Ω86æ$6,000,000 for the Little Rock, Arkansas

8 Junction Bridge project;

9 Ω87æ$90,000,000 $55,000,000 for the Los An10 geles-MOS–3 project;

11 Ω88æ$1,500,000 for the Los Angeles-San Diego

12 commuter rail project;

13 Ω89æ$27,000,000 $50,000,000 for the MARC

14 Commuter Rail Improvements project;

15 Ω90æ$5,000,000 for the Metro-Dade Transit east16 west corridor, Florida project;

17 Ω91æ$1,000,000 for the Miami-North 27th Av18 enue project;

19 Ω92æ$2,000,000 $6,400,000 for the Memphis,

20 Tennessee Regional Rail Plan;

21 Ω93æ$4,240,000 for the Morgantown, West Vir22 ginia Personal Rapid Transit System;

23 $10,000,000 for the New Jersey Urban Core/

24 Hudson-Bergen LRT project;
36

•HR 3675 PP

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

2 Secaucus project;

3 Ω94æ$1,000,000 for the New Jersey West

4 Trenton commuter rail project;

5 Ω95æ$8,000,000 $10,000,000 for the New Orle6 ans Canal Street Corridor project;

7 Ω96æ$2,000,000 for the New Orleans Desire

8 Streetcar project;

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

11 Ω97æ$500,000 for the Northern Indiana com12 muter rail project;

13 Ω98æ$10,000,000 for the Oklahoma City, MAPS

14 corridor transit system;

15 Ω99æ$5,000,000 for the Orange County

16 transitway project;

17 $2,000,000 for the Orlando Lynx light rail

18 project;

19 Ω100æ$15,100,000 for the Pittsburgh Airport

20 busway project;

21 Ω101æ$6,000,000 for the Portland South/North

22 light rail transit project;

23 Ω102æ$90,000,000 $138,000,000 for the Port24 land-Westside/Hillsboro Extension project;
37

•HR 3675 PP

1 Ω103æ$5,000,000 for the Research Triangle

2 Park, North Carolina regional transit plan;

3 Ω104æ$6,000,000 $7,000,000 for the Sac4 ramento LRT Extension project;

5 Ω105æ$20,000,000 $58,000,000 for the Salt

6 Lake City-South LRT projectΩ106æ,–of which not

7 less than $10,000,000 shall be available only for

8 high-occupancy vehicle lane and corridor design

9 costs;

10 Ω107æ$30,000,000 for St. Louis Metrolink;

11 Ω108æ$20,000,000 $45,000,000 for the St.

12 Louis-St. Clair Extension project;

13 Ω109æ$35,000,000 $20,000,000 for the San

14 Francisco Area-BART airport extension/San Jose

15 Tasman West LRT projects;

16 Ω110æ$3,000,000 for the San Diego-Mid-Coast

17 Corridor project;

18 Ω111æ$9,500,000 for the San Juan Tren

19 Urbano project;

20 Ω112æ$5,000,000 for the Seattle-Renton-Tacoma

21 light rail project;

22 Ω113æ$375,000 for the Staten Island-Midtown

23 Ferry service project;

24 $2,000,000 for the Tampa to Lakeland com25 muter rail project; Ω114æand
38

•HR 3675 PP

1 Ω115æ$8,000,000 for the Virginia Rail Express

2 Richmond to Washington commuter rail project; and

3 Ω116æ$2,500,000 $5,000,000 for the Whitehall

4 ferry terminal, New York, New York.

5 MASS TRANSIT CAPITAL FUND

6 (LIQUIDATION OF CONTRACT AUTHORIZATION)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in carrying out

9 49 U.S.C. 5338(b) administered by the Federal Transit

10 Administration, Ω117æ$2,000,000,000 $2,300,000,000, to

11 be derived from the Highway Trust Fund and to remain

12 available until expended.

13 WASHINGTON METROPOLITAN AREA TRANSIT

14 AUTHORITY

15 For necessary expenses to carry out the provisions

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

17 551, Ω118æ$200,000,000 $198,510,000, to remain avail18 able until expended.

19 SAINT LAWRENCE SEAWAY DEVELOPMENT

20 CORPORATION

21 The Saint Lawrence Seaway Development Corpora22 tion is hereby authorized to make such expenditures, with23 in the limits of funds and borrowing authority available

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

25 such contracts and commitments without regard to fiscal
39

•HR 3675 PP

1 year limitations as provided by section 104 of the Govern2 ment Corporation Control Act, as amended, as may be

3 necessary in carrying out the programs set forth in the

4 Corporation’s budget for the current fiscal year.

5 OPERATIONS AND MAINTENANCE

6 (HARBOR MAINTENANCE TRUST FUND)

7 For necessary expenses for operation and maintenance

8 of those portions of the Saint Lawrence Seaway operated

9 and maintained by the Saint Lawrence Seaway Develop10 ment Corporation, including the Great Lakes Pilotage

11 functions delegated by the Secretary of Transportation,

12 Ω119æ$10,037,000 $10,337,000, to be derived from the

13 Harbor Maintenance Trust Fund, pursuant to Public Law

14 99–662.

15 RESEARCH AND SPECIAL PROGRAMS

16 ADMINISTRATION

17 RESEARCH AND SPECIAL PROGRAMS

18 For expenses necessary to discharge the functions of

19 the Research and Special Programs Administration,

20 Ω120æ$23,929,000 $27,675,000, of which $574,000 shall

21 be derived from the Pipeline Safety Fund, and of which

22 $7,101,000 shall remain available until September 30,

23 1999: Provided, That up to $1,200,000 in fees collected

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

25 fund of the Treasury as offsetting receipts: Provided fur-
40

•HR 3675 PP

1 ther, That there may be credited to this appropriation

2 funds received from States, counties, municipalities, other

3 public authorities, and private sources for expenses in4 curred for training, for reports publication and dissemina5 tion.

6 PIPELINE SAFETY

7 (PIPELINE SAFETY FUND)

8 For expenses necessary to conduct the functions of the

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

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

11 60107, and to discharge the pipeline program responsibil12 ities of the Oil Pollution Act of 1990, Ω121æ$30,988,000

13 $31,278,000, of which $2,528,000 shall be derived from

14 the Oil Spill Liability Trust Fund and shall remain avail15 able until September 30, 1999; and of which

16 Ω122æ$28,460,000 $28,750,000 shall be derived from the

17 Pipeline Safety Fund, of which $15,500,000 shall remain

18 available until September 30, 1999: Provided, That in ad19 dition to amounts made available for the Pipeline Safety

20 Fund, $1,000,000 shall be available for grants to States

21 for the development and establishment of one-call notifica22 tion systems and shall be derived from amounts previously

23 collected under section 7005 of the Consolidated Omnibus

24 Budget Reconciliation Act of 1985.
41

•HR 3675 PP

1 EMERGENCY PREPAREDNESS GRANTS

2 (EMERGENCY PREPAREDNESS FUND)

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

4 $200,000, to be derived from the Emergency Prepared5 ness Fund, to remain available until September 30, 1999:

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

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

8 obligation by individuals other than the Secretary of

9 Transportation, or his designee.

10 OFFICE OF INSPECTOR GENERAL

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Inspector Gen13 eral to carry out the provisions of the Inspector General

14 Act of 1978, as amended, Ω123æ$39,450,000 $39,700,000:

15 Provided, That Ω124ænone of the funds under this head16 ing shall be for the conduct of contract audits of which

17 $1,900,000 shall be for the conduct of contract audits.

18 SURFACE TRANSPORTATION BOARD

19 SALARIES AND EXPENSES

20 For necessary expenses of the Surface Transpor21 tation Board, including services authorized by 5 U.S.C.

22 3109, $12,344,000: Provided, That $3,000,000 in fees col23 lected in fiscal year 1997 by the Surface Transportation

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

25 to this appropriation in fiscal year 1997: Ω125æProvided
42

•HR 3675 PP

1 further, That none of the funds appropriated in this Act

2 or otherwise made available may be used to increase fees

3 for services in connection with rail maximum rate com4 plaints, pursuant to 49 CFR part 1002, STB Ex Parte No.

5 542: Provided further, That any fees received in excess of

6 $3,000,000 in fiscal year 1997 shall remain available until

7 expended, but shall not be available for obligation until

8 October 1, 1997.

9 TITLE II

10 RELATED AGENCIES

11 ARCHITECTURAL AND TRANSPORTATION

12 BARRIERS COMPLIANCE BOARD

13 SALARIES AND EXPENSES

14 For expenses necessary for the Architectural and

15 Transportation Barriers Compliance Board, as authorized

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

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

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

19 appropriation funds received for publications and training

20 expenses.

21 NATIONAL TRANSPORTATION SAFETY BOARD

22 SALARIES AND EXPENSES

23 For necessary expenses of the National Transpor24 tation Safety Board, including hire of passenger motor ve25 hicles and aircraft; services as authorized by 5 U.S.C.
43

•HR 3675 PP

1 3109, but at rates for individuals not to exceed the per

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

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

4 5901–5902), $42,407,000, of which not to exceed $2,000

5 may be used for official reception and representation ex6 penses.

7 TITLE III—GENERAL PROVISIONS

8 (INCLUDING TRANSFERS OF FUNDS)

9 SEC. 301. During the current fiscal year applicable

10 appropriations to the Department of Transportation shall

11 be available for maintenance and operation of aircraft;

12 hire of passenger motor vehicles and aircraft; purchase of

13 liability insurance for motor vehicles operating in foreign

14 countries on official department business; and uniforms,

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

16 5901–5902).

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

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

19 be absorbed within the levels appropriated in this Act or

20 previous appropriations Acts.

21 SEC. 303. Funds appropriated under this Act for ex22 penditures by the Federal Aviation Administration shall

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

24 VIII of the Elementary and Secondary Education Act of

25 1965, 20 U.S.C. 7701, et seq., for expenses of primary
44

•HR 3675 PP

1 and secondary schooling for dependents of Federal Avia2 tion Administration personnel stationed outside the con3 tinental United States at costs for any given area not in

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

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

6 schools, if any, available in the locality are unable to pro7 vide adequately for the education of such dependents, and

8 (2) for transportation of said dependents between schools

9 serving the area that they attend and their places of resi10 dence when the Secretary, under such regulations as may

11 be prescribed, determines that such schools are not acces12 sible by public means of transportation on a regular basis.

13 SEC. 304. Appropriations contained in this Act for

14 the Department of Transportation shall be available for

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

16 individuals not to exceed the per diem rate equivalent to

17 the rate for an Executive Level IV.

18 SEC. 305. None of the funds in this Act shall be avail19 able for salaries and expenses of more than one hundred

20 seven political and Presidential appointees in the Depart21 ment of Transportation: Provided, That none of the per22 sonnel covered by this provision may be assigned on tem23 porary detail outside the Department of Transportation.

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

25 for the planning or execution of any program to pay the
45

•HR 3675 PP

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

2 intervening in regulatory or adjudicatory proceedings

3 funded in this Act.

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

5 shall remain available for obligation beyond the current

6 fiscal year, nor may any be transferred to other appropria7 tions, unless expressly so provided herein.

8 SEC. 308. The Secretary of Transportation may enter

9 into grants, cooperative agreements, and other trans10 actions with any person, agency, or instrumentality of the

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

12 educational institution, and any other entity in execution

13 of the Technology Reinvestment Project authorized under

14 the Defense Conversion, Reinvestment and Transition As15 sistance Act of 1992 and related legislation: Provided,

16 That the authority provided in this section may be exer17 cised without regard to section 3324 of title 31, United

18 States Code.

19 SEC. 309. The expenditure of any appropriation

20 under this Act for any consulting service through procure21 ment contract pursuant to section 3109 of title 5, United

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

23 expenditures are a matter of public record and available

24 for public inspection, except where otherwise provided
46

•HR 3675 PP

1 under existing law, or under existing Executive order is2 sued pursuant to existing law.

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

4 Transportation shall distribute the obligation limitation

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

6 sums authorized to be appropriated for Federal-aid high7 ways that are apportioned or allocated to each State for

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

9 to be appropriated for Federal-aid highways that are ap10 portioned or allocated to all the States for such fiscal year.

11 (b) During the period October 1 through December

12 31, 1996, no State shall obligate more than 25 per centum

13 of the amount distributed to such State under subsection

14 (a), and the total of all State obligations during such pe15 riod shall not exceed 12 per centum of the total amount

16 distributed to all States under such subsection.

17 (c) Notwithstanding subsections (a) and (b), the Sec18 retary shall—

19 (1) provide all States with authority sufficient

20 to prevent lapses of sums authorized to be appro21 priated for Federal-aid highways that have been ap22 portioned to a State;

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

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

25 a State will not obligate the amount distributed dur-
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1 ing that fiscal year and redistribute sufficient

2 amounts to those States able to obligate amounts in

3 addition to those previously distributed during that

4 fiscal year giving priority to those States having

5 large unobligated balances of funds apportioned

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

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

8 1015 of Public Law 102–240; and

9 (3) not distribute amounts authorized for ad10 ministrative expenses and funded from the adminis11 trative takedown authorized by section 104(a), title

12 23 U.S.C., the Federal lands highway

13 Ω126æprogram, program; the intelligent transpor14 tation systems Ω127æprogram, and program;

15 amounts made available under sections 1040, 1047,

16 1064, 6001, 6005, 6006, 6023, and 6024 of Public

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

18 5338Ω128æ; $5,000,000 for activities authorized by

19 section 140(b) of title 23, United States Code;

20 $5,000,000 for activities authorized by section 1012(b)

21 of Public Law 102–240; and $50,000,000 of the obli22 gation limitation established by this Act for Federal23 aid highways and highway safety construction: Pro24 vided, That $15,000,000 of such undistributed obliga25 tion limitation shall be available for administrative
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1 costs and allocation to States under section 104(I) of

2 title 23, United States Code; $30,000,000 shall be

3 available for allocation to States authorized by section

4 1069(y) of Public Law 102–240; and $5,000,000 shall

5 be available for administrative costs and allocation to

6 States under section 1302(d) of the Symms National

7 Recreational Trails Act of 1991: Ω129æProvided Pro8 vided further, That amounts made available under

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

10 to the obligation limitation for Federal-aid highways

11 and highway safety construction programs under the

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

13 (d) During the period October 1 through December

14 31, 1996, the aggregate amount of obligations under sec15 tion 157 of title 23, United States Code, for projects cov16 ered under section 147 of the Surface Transportation As17 sistance Act of 1978, section 9 of the Federal-Aid High18 way Act of 1981, sections 131(b), 131(j), and 404 of Pub19 lic Law 97–424, sections 1061, 1103 through 1108, 4008,

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

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

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

23 (e) During the period August 2 through September

24 30, 1997, the aggregate amount which may be obligated
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1 by all States shall not exceed 2.5 percent of the aggregate

2 amount of funds apportioned or allocated to all States—

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

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

5 Law 102–240, and

6 (2) for highway assistance projects under sec7 tion 103(e)(4) of title 23, United States Code,

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

9 total amount of the obligation limitation provided for such

10 fiscal year in this Act were utilized.

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

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

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

14 reduced under paragraph (c)(2).

15 Ω130æ(g) INCREASE IN ADMINISTRATIVE TAKE16 DOWN.—

17 (1) IN GENERAL.—Notwithstanding any other

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

19 an allocation is made of the sums authorized to be

20 appropriated for expenditure on the Federal lands

21 highways program, and whenever an apportionment

22 is made of the sums authorized to be appropriated for

23 expenditure on the surface transportation program,

24 the congestion mitigation and air quality improve25 ment program, the National Highway System, the
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1 Interstate maintenance program, the Interstate reim2 bursement program, the highway bridge replacement

3 and rehabilitation program, and the donor State

4 bonus program, the Secretary of Transportation shall

deduct a sum in such amount not to exceed 43 5 ⁄4 per

6 centum of all sums to be authorized as the Secretary

7 may determine necessary for administering the provi8 sions of law to be financed from appropriations for

9 the Federal-Aid Highway Program and for carrying

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

11 of section 307 of title 23, United States Code. In mak12 ing such determination, the Secretary shall take into

13 account the unobligated balance of any sums deducted

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

15 shall remain available until expended.

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

17 Transportation in accordance with this Act shall be

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

19 SEC. 311. The limitation on obligations for the pro20 grams of the Federal Transit Administration shall not

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

22 made available for obligation, or to any other authority

23 previously made available for obligation under the discre24 tionary grants program.
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1 SEC. 312. None of the funds in this Act shall be used

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

3 SEC. 313. None of the funds in this Act shall be avail4 able to plan, finalize, or implement regulations that would

5 establish a vessel traffic safety fairway less than five miles

6 wide between the Santa Barbara Traffic Separation

7 Scheme and the San Francisco Traffic Separation

8 Scheme.

9 SEC. 314. Notwithstanding any other provision of

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

11 Federal Aviation Administration (FAA) instrument land12 ing systems (along with associated approach lighting

13 equipment and runway visual range equipment) which

14 conform to FAA design and performance specifications,

15 the purchase of which was assisted by a Federal airport

16 aid program, airport development aid program or airport

17 improvement program grant. The FAA shall accept such

18 equipment, which shall thereafter be operated and main19 tained by the FAA in accordance with agency criteria.

20 SEC. 315. None of the funds in this Act shall be avail21 able to award a multiyear contract for production end

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

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

24 in any one year of the contract or (2) includes a cancella25 tion charge greater than $10,000,000 which at the time
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1 of obligation has not been appropriated to the limits of

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

3 that permits performance under the contract during the

4 second and subsequent years of the contract without con5 ditioning such performance upon the appropriation of

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

7 contract in which the Federal Government incurs no fi8 nancial liability from not buying additional systems, sub9 systems, or components beyond the basic contract require10 ments.

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

12 shall be made available for planning and executing a pas13 senger manifest program by the Department of Transpor14 tation that only applies to United States flag carriers.

15 SEC. 317. Notwithstanding any other provision of

16 law, and except for fixed guideway modernization projects,

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

18 Administration, Discretionary grants’’ for projects speci19 fied in this Act or identified in reports accompanying this

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

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

22 SEC. 318. Notwithstanding any other provision of

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

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

25 available for expenditure may be transferred to and ad-
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1 ministered under the most recent appropriation heading

2 for any such section.

3 SEC. 319. None of the funds in this Act shall be avail4 able to implement or enforce regulations that would result

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

6 International Airport under section 93.223 of title 14 of

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

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

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

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

11 the Code of Federal Regulations.

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

13 to compensate in excess of 335 technical staff years under

14 the federally-funded research and development center

15 contract between the Federal Aviation Administration

16 and the Center for Advanced Aviation Systems Develop17 ment during fiscal year 1997.

18 SEC. 321. Funds provided in this Act for the Trans19 portation Administrative Service Center (TASC) shall be

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

21 TASC obligational authority for elements of the Depart22 ment of Transportation funded in this Act to no more

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

24 the budget request shall be allocated by the Department

25 of Transportation to each appropriations account in pro-
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1 portion to the amount included in each account for the

2 transportation administrative service center.

3 SEC. 322. Funds received by the Federal Highway

4 Administration, Federal Transit Administration, and Fed5 eral Railroad Administration from States, counties, mu6 nicipalities, other public authorities, and private sources

7 for expenses incurred for training may be credited respec8 tively to the Federal Highway Administration’s ‘‘Limita9 tion on General Operating Expenses’’ account, the Federal

10 Transit Administration’s ‘‘Transit Planning and Re11 search’’ account, and to the Federal Railroad Administra12 tion’s ‘‘Railroad Safety’’ account, except for State rail

13 safety inspectors participating in training pursuant to 49

14 U.S.C. 20105.

15 Ω131æSEC. 323. None of the funds in this Act shall

16 be available to prepare, propose, or promulgate any regu17 lations pursuant to title V of the Motor Vehicle Informa18 tion and Cost Savings Act (49 U.S.C. 32901, et seq.) pre19 scribing corporate average fuel economy standards for

20 automobiles, as defined in such title, in any model year

21 that differs from standards promulgated for such auto22 mobiles prior to enactment of this section.

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

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

25 sixth runway at the new Denver International Airport,
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1 Denver, ColoradoΩ132æ: Provided, That this provision

2 shall not apply in any case where the Administrator of the

3 Federal Aviation Administration determines, in writing,

4 that safety conditions warrant obligation of such funds.

5 SEC. 325. Notwithstanding 31 U.S.C. 3302, funds re6 ceived by the Bureau of Transportation Statistics from the

7 sale of data products, for necessary expenses incurred pur8 suant to the provisions of section 6006 of the Intermodal

9 Surface Transportation Efficiency Act of 1991, may be

10 credited to the Federal-aid highways account for the pur11 pose of reimbursing the Bureau for such expenses: Pro12 vided, That such funds shall not be subject to the obliga13 tion limitation for Federal-aid highways and highway safe14 ty construction: Provided further, Ω133æThat in addition

15 to amounts otherwise provided in this Act, not to exceed

16 $3,100,000 in expenses of the Bureau of Transportation

17 Statistics necessary to conduct activities related to airline

18 statistics may be incurred, but only to the extent such ex19 penses are offset by user fees charged for those activities

20 and credited as offsetting collections That of the funds pro21 vided by section 6006(b) of Public Law 102–240, not to ex22 ceed $3,100,000 may be incurred to conduct activities relat23 ed to airline statistics.

24 SEC. 326. The Secretary of Transportation is author25 ized to transfer funds appropriated in this Act to ‘‘Rental
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1 payments’’ for any expense authorized by that appropria2 tion in excess of the amounts provided in this Act: Pro3 vided, That prior to any such transfer, notification shall

4 be provided to the House and Senate Committees on Ap5 propriations.

6 SEC. 327. None of the funds in this Act may be obli7 gated or expended for employee training which: (a) does

8 not meet identified needs for knowledge, skills and abilities

9 bearing directly upon the performance of official duties;

10 (b) contains elements likely to induce high levels of emo11 tional response or psychological stress in some partici12 pants; (c) does not require prior employee notification of

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

14 written end of course evaluations; (d) contains any meth15 ods or content associated with religious or quasi-religious

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

17 Equal Employment Opportunity Commission Notice N–

18 915.022, dated September 2, 1988; (e) is offensive to, or

19 designed to change, participants’ personal values or life20 style outside the workplace; or (f) includes content related

21 to human immunodeficiency virus/acquired immune defi22 ciency syndrome (HIV/AIDS) other than that necessary

23 to make employees more aware of the medical ramifica24 tions of HIV/AIDS and the workplace rights of HIV-posi25 tive employees.
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1 SEC. 328. None of the funds in this Act shall, in the

2 absence of express authorization by Congress, be used di3 rectly or indirectly to pay for any personal service, adver4 tisement, telegram, telephone, letter, printed or written

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

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

7 by vote or otherwise, any legislation or appropriation by

8 Congress, whether before or after the introduction of any

9 bill or resolution proposing such legislation or appropria10 tion: Provided, That this shall not prevent officers or em11 ployees of the Department of Transportation or related

12 agencies funded in this Act from communicating to Mem13 bers of Congress on the request of any Member or to Con14 gress, through the proper official channels, requests for

15 legislation or appropriations which they deem necessary

16 for the efficient conduct of the public business.

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

18 to support Federal Transit Administration’s field oper19 ations and oversight of the Washington Metropolitan Area

20 Transit Authority in any location other than from the

21 Washington, D.C. metropolitan area.

22 Ω134æSEC. 330. None of the funds made available

23 in this Act may be used for improvements to the Miller

24 Highway in New York City, New York.
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1 SEC. 331. Not to exceed Ω135æ$850,000 $1,050,000

2 of the funds provided in this Act for the Department of

3 Transportation shall be available for the necessary ex4 penses of advisory committees.

5 SEC. 332. Notwithstanding any other provision of

6 law, the Secretary may use funds appropriated under this

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

8 the exemption provisions of 49 CFR 580.6 and to adopt

9 or amend exemptions from the disclosure requirements of

10 49 CFR part 580 for any class or category of vehicles

11 that the Secretary deems appropriate.

12 Ω136æSEC. 333. No funds other than those appro13 priated to the Surface Transportation Board shall be used

14 for conducting the activities of the Board.

15 Ω137æSEC. 333. Section 24902 of title 49, United

16 States Code, is amended by adding at the end the following

17 new subsection:

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

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

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

21 be exempt if undertaken by the Federal Government or an

22 agency thereof within a Federal enclave wherein Federal ju23 risdiction is exclusive, including without limitation with

24 respect to all such laws referenced herein above requirements

25 for permits, actions, approvals or filings, shall apply in
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1 connection with the construction, ownership, use, operation,

2 financing, leasing, conveying, mortgaging or enforcing a

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

4 benefit of Amtrak as part of, or in furtherance of, the North5 east Corridor Improvement Project (including without limi6 tation maintenance, service, inspection or similar facilities

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

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

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

10 such improvement is located and adjoining, surrounding or

11 any related land. These exemptions shall remain in effect

12 and be applicable with respect to such land and improve13 ments for the benefit of any mortgagee before, upon and

14 after coming into possession of such improvements or land,

15 any third party purchasers thereof in foreclosure (or

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

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

18 or improvements are used, or held for use, for railroad pur19 poses or purposes accessory thereto. This subsection (m)

20 shall not apply to any improvement or related land unless

21 Amtrak receives a Federal operating subsidy in the fiscal

22 year in which Amtrak commits to or initiates such im23 provement.’’.

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

25 Act may be used to construct, or to pay the salaries or
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1 expenses of Department of Transportation personnel who

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

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

4 Bronxville, New York, when it is made known to the Fed5 eral official having authority to obligate or expend such

6 funds that a final environmental impact statement has not

7 been completed for such construction project.

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

9 States Code, is amended—

10 (1) by striking ‘‘Westside’’ the first place it ap11 pears;

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

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

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

15 the South/North Corridor Project’’.

16 Ω138æSEC. 335a. Section 3035(b) of Public Law 102–

17 240 is hereby amended by striking ‘‘$515,000,000’’ and in18 serting in lieu thereof ‘‘$555,000,000’’.

19 SEC. 336. Notwithstanding any other provision of

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

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

22 Dual Hub Rail Project,’’ $4,023,030 in funds made avail23 able in fiscal years 1991, 1992, and 1994, under Public

24 Laws 101–516, 102–143, 102–240, 103–122, and accom25 panying reports, shall be made available for the Berea Red
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1 Line Extension and the Euclid Corridor Improvement

2 projects.

3 Ω139æSEC. 337. Notwithstanding any other provision

4 of law, funds made available under section 3035(kk) of

5 Public Law 102–240 for fiscal year 1997 to the State of

6 Michigan shall be for the purchase of buses and bus-relat7 ed equipment and facilities.

8 Ω140æSEC. 338. In addition to amounts otherwise

9 provided in this Act, there is hereby appropriated

10 $2,400,000 for activities of the National Civil Aviation Re11 view Commission, to remain available until expended.

12 Ω141æSEC. 338. Of the amounts made available under

13 the Federal Transit Administration’s Discretionary Grants

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

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

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

17 available to Kauai, Hawaii.

18 Ω142æSEC. 339. Section 423 of H.R. 1361, as passed

19 the House of Representatives on May 9, 1995, is hereby

20 enacted into law.

21 Ω143æSEC. 339. Improvements identified as highest

22 priority by section 1069(t) of Public Law 102–240 and

23 funded pursuant to section 118(c)(2) of title 23, United

24 States Code, shall not be treated as an allocation for Inter25 state maintenance for such fiscal year under section
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1 157(a)(4) of title 23, United States Code, and sections

2 1013(c), 1015(a)(1), and 1015(b)(1) of Public Law 102–

3 240: Provided, That any discretionary grant made pursu4 ant to Public Law 99–663 shall not be subject to section

5 1015 of Public Law 102–240.

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

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

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

9 expending the funds the entity will comply with the Buy

10 American Act (41 U.S.C. 10a–10c).

11 (b) SENSE OF CONGRESS; REQUIREMENT REGARD12 ING NOTICE.—

13 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

15 product that may be authorized to be purchased

16 with financial assistance provided using funds made

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

18 that entities receiving the assistance should, in ex19 pending the assistance, purchase only American20 made equipment and products to the greatest extent

21 practicable.

22 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

23 In providing financial assistance using funds made

24 available in this Act, the head of each Federal agen25 cy shall provide to each recipient of the assistance
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1 a notice describing the statement made in paragraph

2 (1) by the Congress.

3 (c) PROHIBITION OF CONTRACTS WITH PERSONS

4 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

6 agency that any person intentionally affixed a label bear7 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

10 States, the person shall be ineligible to receive any con11 tract or subcontract made with funds made available in

12 this Act, pursuant to the debarment, suspension, and ineli13 gibility procedures described in sections 9.400 through

14 9.409 of title 48, Code of Federal Regulations.

15 Ω144æSEC. 341. Notwithstanding any other provision

16 of law, receipts, in amounts determined by the Secretary,

17 collected from users of fitness centers operated by or for the

18 Department of Transportation shall be available to support

19 the operation and maintenance of those facilities.

20 Ω145æSEC. 342. None of the funds made available in

21 this Act may be used by the National Transportation Safety

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

23 study to determine the feasibility of allowing individuals

24 who are more than 60 years of age to pilot commercial air25 craft.
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1 Ω146æSEC. 343. Funds provided in this Act for bo2 nuses and cash awards for employees of the Department of

3 Transportation shall be reduced by $513,604 which limits

4 fiscal year 1997 obligation authority to no more than

5 $25,448,300: Provided, That this provision shall be applied

6 to funds for Senior Executive Service bonuses, merit pay,

7 and other bonuses and cash awards.

8 Ω147æSEC. 344. Hereinafter, the National Passenger

9 Railroad Corporation shall be exempted from any State or

10 local law relating to the payment or delivery of abandoned

11 or unclaimed personal property to any government author12 ity, including any provision for the enforcement thereof,

13 with respect to passenger rail tickets for which no refund

14 has been or may be claimed, and such law shall not apply

15 to funds held by Amtrak as a result of the purchase of tickets

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

17 Ω148æSEC. 345. Notwithstanding any other provision

18 in law, of the amounts made available under the Federal

19 Aviation Administration’s operations account, the FAA

20 shall provide personnel at Dutch Harbor, Alaska to provide

21 real-time weather and runway observation and other such

22 functions to help ensure the safety of aviation operations.

23 Ω149æSEC. 346. DEPARTMENT OF TRANSPORTATION

24 VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

25 (a) DEFINITIONS.—For the purposes of this section—
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1 (1) the term ‘‘agency’’ means the following agen2 cies of the Department of Transportation:

3 (A) the United States Coast Guard;

4 (B) the Research and Special Programs Ad5 ministration;

6 (C) the St. Lawrence Seaway Development

7 Corporation;

8 (D) the Office of the Secretary;

9 (E) the Federal Railroad Administration;

10 and

11 (F) any other agency of the Department

12 with respect to employees of such agency in posi13 tions targeted for reduction under the National

14 Performance Review;

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

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

17 who is employed by the agency serving under an ap18 pointment without time limitation, and has been cur19 rently employed for a continuous period of at least 3

20 years, but does not include—

21 (A) a reemployed annuitant under sub22 chapter III of chapter 83 or chapter 84 of title

23 5, United States Code, or another retirement sys24 tem for employees of the agency;
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1 (B) an employee having a disability on the

2 basis of which such employee is or would be eli3 gible for disability retirement under the applica4 ble retirement system referred to in subpara5 graph (A);

6 (C) an employee who is in receipt of a spe7 cific notice of involuntary separation for mis8 conduct or unacceptable performance;

9 (D) an employee who, upon completing an

10 additional period of service as referred to in sec11 tion 3(b)(2)(B)(ii) of the Federal Workforce Re12 structuring Act of 1994 (5 U.S.C. 5597 note),

13 would qualify for a voluntary separation incen14 tive payment under section 3 of such Act;

15 (E) an employee who has previously re16 ceived any voluntary separation incentive pay17 ment by the Federal Government under this sec18 tion or any other authority and has not repaid

19 such payment;

20 (F) an employee covered by statutory reem21 ployment rights who is on transfer to another or22 ganization; or

23 (G) any employee who, during the twenty

24 four month period preceding the date of separa25 tion, has received a recruitment or relocation
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1 bonus under section 5753 of title 5, United

2 States Code, or who, within the twelve month pe3 riod preceding the date of separation, received a

4 retention allowance under section 5754 of title 5,

5 United States Code.

6 (b) AGENCY STRATEGIC PLAN.—

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

8 to obligating any resources for voluntary separation

9 incentive payments, shall submit to the House and

10 Senate Committees on Appropriations and the Com11 mittee on Governmental Affairs of the Senate and the

12 Committee on Government Reform and Oversight of

13 the House of Representatives a strategic plan outlin14 ing the intended use of such incentive payments and

15 a proposed organizational chart for the agency once

16 such incentive payments have been completed.

17 (2) CONTENTS.—The agency’s plan shall in18 clude—

19 (A) the positions and functions to be re20 duced or eliminated, identified by organizational

21 unit, geographic location, occupational category

22 and grade level;

23 (B) the number and amounts of voluntary

24 separation incentive payments to be offered; and
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1 (C) a description of how the agency will op2 erate without the eliminated positions and func3 tions.

4 (c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION

5 INCENTIVE PAYMENTS.—

6 (1) IN GENERAL.—A voluntary separation incen7 tive payment under this section may be paid by an

8 agency to any employee only to the extent necessary

9 to eliminate the positions and functions identified by

10 the strategic plan.

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

12 voluntary separation incentive payment—

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

14 employee’s separation;

15 (B) shall be paid from appropriations or

16 funds available for the payment of the basic pay

17 of the employees;

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

19 (i) an amount equal to the amount the

20 employee would be entitled to receive under

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

22 Code; or

23 (ii) an amount determined by an agen24 cy head not to exceed $25,000 in fiscal year

25 1997, $20,000 in fiscal year 1998, $15,000
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1 in fiscal year 1999, or $10,000 in fiscal

2 year 2000;

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

4 shall not be included in the computation, of any

5 other type of Government benefit; and

6 (E) shall not be taken into account in deter7 mining the amount of any severance pay to

8 which the employee may be entitled under section

9 5595 of title 5, United States Code, based on any

10 other separation.

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

12 under this section based on any separation occurring

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

14 September 30, 2000.

15 (d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RE16 TIREMENT FUND.—

17 (1) IN GENERAL.—In addition to any other pay18 ments which it is required to make under subchapter

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

20 agency shall remit to the Office of Personnel Manage21 ment for deposit in the Treasury of the United States

22 to the credit of the Civil Service Retirement and Dis23 ability Fund an amount equal to 15 percent of the

24 final basic pay of each employee of the agency who

25 is covered under subchapter III of chapter 83 or chap-
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1 ter 84 of title 5, United States Code, to whom a vol2 untary separation incentive has been paid under this

3 section.

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

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

6 employee, means the total amount of basic pay which

7 would be payable for a year of service by such em8 ployee, computed using the employee’s final rate of

9 basic pay, and, if last serving on other than a full10 time basis, with appropriate adjustment therefor.

11 (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE

12 GOVERNMENT.—An individual who has received a vol13 untary separation incentive payment under this section

14 and accepts any employment for compensation with the

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

16 agency of the United States Government through a personal

17 services contract, within 5 years after the date of the separa18 tion on which the payment is based shall be required to

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

20 entire amount of the incentive payment to the agency that

21 paid the incentive payment.

22 (f) REDUCTION OF AGENCY EMPLOYMENT LEVELS.—

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

24 employee positions in an agency shall be reduced by

25 one position for each vacancy created by the separa-
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1 tion of any employee who has received, or is due to

2 receive, a voluntary separation incentive payment

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

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

5 basis.

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

7 Office of Management and Budget, shall monitor each

8 agency and take any action necessary to ensure that

9 the requirements of this subsection are met.

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

11 October 1, 1996.

12 Ω150æSEC. 347. (a) REVIEW OF REPORTING OF EX13 CISE TAX DATA.—Prior to September 30, 1996, the Sec14 retary of the Treasury and the Secretary of Transportation

15 shall conduct a review of the reporting of excise tax data

16 by the Department of the Treasury to the Department of

17 Transportation for fiscal year 1994 and its impact on the

18 allocation of Federal aid highways. If the President certifies

19 that all of the following conditions are met:

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

22 collected in fiscal year 1994.

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

2 fiscal year 1997 apportionments and allocations of

3 Highway Trust Funds be adjusted; and finds that the

4 provision in subsection (b) corrects these deficiencies,

5 then subsection (b) will be operative.

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

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

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

13 to the Highway Trust Fund (other than the Mass

14 Transit Account) of estimated taxes paid by States

15 that was made by the Secretary of the Treasury for

16 fiscal year 1995 in correction of an accounting error

17 made in fiscal year 1994.

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

19 Secretary of Transportation shall, for each State—

20 (A) determine whether the State would have

21 been apportioned and allocated an increased or

22 decreased amount for Federal-aid highways for

23 fiscal year 1996 if the accounting error referred

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

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

2 Transportation Efficiency Act of 1991 (Public

3 Law 102–240; 105 Stat. 1921)); and

4 (B) after apportionments and allocations

5 are determined in accordance with paragraph

6 (1)—

7 (i) adjust the amount apportioned and

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

10 the increase or decrease; and

11 (ii) adjust accordingly the obligation

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

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

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

18 for fiscal year 1996.

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

21 Ω151æSEC. 348. It is the sense of the Senate that Con22 gress should actively consider legislation to establish the

23 Saint Lawrence Seaway Development Corporation as a

24 performance-based organization on a pilot basis beginning

25 in fiscal year 1998.
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1 Ω152æSEC. 349. FEDERAL AVIATION ADMINISTRA2 TION PROCUREMENT.

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

4 Congress that the Administrator of the Federal Aviation

5 Administration should promote and encourage the use of

6 full and open competition as the preferred method of pro7 curement for the Federal Aviation Administration.

8 (b) INDEPENDENT ASSESSMENT.—Not later than De9 cember 31, 1997, the Administrator of the Federal Aviation

10 Administration shall—

11 (1) take such action as may be necessary to pro12 vide for an independent assessment of the acquisition

13 management system of the Federal Aviation Adminis14 tration that includes a review of any efforts of the Ad15 ministrator in promoting and encouraging the use of

16 full and open competition as the preferred method of

17 procurement with respect to any contract that in18 volves an amount greater than $50,000,000; and

19 (2) submit to the Congress a report on the find20 ings of that independent assessment.

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

22 purposes of this section, the term ‘‘full and open competi23 tion’’ has the meaning provided that term in section 4(6)

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

25 403(6)).
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1 Ω153æSEC. 350. 49 U.S.C. App. 2311 is amended by

2 adding the following new subsection:

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

4 which the State of Nebraska may continue to

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

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

7 may allow longer combination vehicles that were

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

9 operated within its boundaries to transport

10 sugar beets from the field where such sugar beets

11 are harvested to storage, market, factory or stock12 pile or from stockpile to storage, market or fac13 tory. This provision shall expire on September

14 30, 1997.’’.

15 Ω154æSEC. 351. (a) Section 120(c) of title 23, United

16 States Code, is amended by inserting ‘‘rail-highway cross17 ing closure,’’ after ‘‘carpooling and vanpooling,’’.

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

19 the end the following:

20 ‘‘(i) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING

21 CLOSURES.—

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

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

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

25 State under this section, make incentive payments to
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1 local governments in the State upon the permanent

2 closure by such governments of public at-grade rail3 way-highway crossings under the jurisdiction of such

4 governments.

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

6 State may not make an incentive payment under

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

8 the closure of a crossing unless the railroad owning

9 the tracks on which the crossing is located makes an

10 incentive payment to the government with respect to

11 the closure.

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

13 of the incentive payment payable to a local govern14 ment by a State under paragraph (1) with respect to

15 a crossing may not exceed the lesser of—

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

17 paid to the government with respect to the cross18 ing by the railroad concerned under paragraph

19 (2); or

20 ‘‘(B) $7,500.

21 ‘‘(4) USE OF STATE PAYMENTS.—A local govern22 ment receiving an incentive payment from a State

23 under paragraph (1) shall use the amount of the in24 centive payment for transportation safety improve25 ments.’’.
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1 Ω155æSEC. 352. LIMITATION ON FUNDS USED TO EN2 FORCE REGULATIONS REGARDING ANIMAL

3 FATS AND VEGETABLE OILS.

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

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

6 a regulation or to establish an interpretation or guideline

7 under the Edible Oil Regulatory Reform Act (Public Law

8 104–55) or the amendments made by that Act that does not

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

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

11 by that Act) differences in—

12 (1) physical, chemical, biological, and other rel13 evant properties; and

14 (2) environmental effects.

15 Ω156æSEC. 353. (a) In cases where an emergency

16 ocean condition causes erosion of a bank protecting a scenic

17 highway or byway, fiscal year 1996 or fiscal year 1997 Fed18 eral Highway Administration Emergency Relief funds can

19 be used to halt the erosion and stabilize the bank if such

20 action is necessary to protect the highway from imminent

21 failure and is less expensive than highway relocation.

22 (b) In cases where an emergency condition causes in23 undation of a roadway or saturation of the subgrade with

24 further erosion due to abnormal freeze/thaw cycles and

25 damage caused by traffic, fiscal year 1996 or fiscal year
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1 1997 Federal Highway Administration Emergency Relief

2 funds can be used to repair such roadway.

3 (c) Not more than $8,000,000 in Federal Highway

4 Administration Emergency Relief funds may be used for

5 each of the conditions referenced in subsections (a) and

6 (b).

7 Ω157æSEC. 354. THE RAILROAD SAFETY INSTITUTE.

8 Of the money available to the Federal Rail Adminis9 tration up to $500,000 shall be made available to establish

10 and operate the Institute for Railroad Safety as authorized

11 by the Swift Rail Development Act of 1994.

12 Ω158æSEC. 355. TRAIN WHISTLE REQUIREMENTS.

13 No funds shall be made available to implement the reg14 ulations issued under section 20153(b) of title 49, United

15 States Code, requiring audible warnings to be sounded by

16 a locomotive horn at highway-rail grade crossings, unless—

17 (1) in implementing the regulations or providing

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

19 of such title, the Secretary of Transportation takes

20 into account, among other criteria—

21 (A) the interests of the communities that

22 have in effect restrictions on the sounding of a

23 locomotive horn at highway-rail grade crossings

24 as of July 30, 1996; and
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1 (B) the past safety record at each grade

2 crossing involved; and

3 (2) whenever the Secretary determines that sup4 plementary safety measures (as that term is defined

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

6 are necessary to provide an exception referred to in

7 paragraph (1), the Secretary—

8 (A) having considered the extent to which

9 local communities have established public aware10 ness initiatives and highway-rail crossing traffic

11 law enforcement programs allows for a period of

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

13 that determination, for the installation of those

14 measures; and

15 (B) works in partnership with affected com16 munities to provide technical assistance and to

17 develop a reasonable schedule for the installation

18 of those measures.

19 Ω159æSEC. 356. No funds appropriated under this Act

20 shall be used to levy penalties prior to September 1, 1997,

21 on the States of Maine or New Hampshire based on non22 compliance with Federal vehicle weight limitations.
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1 TITLE IV—MISCELLANEOUS HIGHWAY

2 PROVISIONS

3 Ω160æSEC. 401. Notwithstanding any other provision

4 of law, semitrailer units operating in a truck tractor5 semitrailer combination whose semitrailer unit is more

6 than forty-eight feet in length and truck tractor7 semitrailer-trailer combinations specified in section

8 31111(b)(1) of title 49, United States Code, may not oper9 ate on United States Route 15 in Virginia between the

10 Maryland border and the intersection with United States

11 Route 29.

12 Ω161æSEC. 402. Item 30 of the table contained in

13 section 1107(b) of the Intermodal Surface Transportation

14 Efficiency Act of 1991 (105 Stat. 2050), relating to Mo15 bile, Alabama, is amended in the second column by insert16 ing after ‘‘Alabama’’ the following: ‘‘and for feasibility

17 studies, preliminary engineering, and construction of a

18 new bridge and approaches over the Mobile River’’.

19 Ω162æSEC. 403. Item 94 of the table contained in

20 section 1107(b) of the Intermodal Surface Transportation

21 Efficiency Act of 1991 (105 Stat. 2052), relating to St.

22 Thomas, Virgin Islands, is amended—

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

24 (2) by inserting after ‘‘the island’’ the follow25 ing: ‘‘of St. Thomas and improvements to the VIPA
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1 Molasses Dock intermodal port facility on the island

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

3 multiple cargo tasks’’.

4 Ω163æSEC. 403. The funds authorized to be appro5 priated for highway-railroad grade crossing separations in

6 Mineola, New York, under the head ‘‘Highway-Railroad

7 Grade Crossing Safety Demonstration Project (Highway

8 Trust Fund)’’ in House Report 99–976 and section 302(l)

9 of Public Law 99–591 are hereby also authorized to be ap10 propriated for other grade crossing improvements in Nas11 sau and Suffolk Counties in New York and shall be avail12 able in accordance with the terms of the original

13 authoriziaton in House Report 99–976.

14 SEC. 404. The Secretary of Transportation is hereby

15 authorized to enter into an agreement modifying the

16 agreement entered into pursuant to section 336 of the De17 partment of Transportation and Related Agencies Appro18 priations Act, 1995 (Public Law 103–331) and section

19 356 of the Department of Transportation and Related

20 Agencies Appropriations Act, 1996 (Public Law 104–50)

21 to provide an additional line of credit not to exceed

22 $25,000,000, which may be used to replace otherwise re23 quired contingency reserves; provided, however, that the

24 Secretary may only enter into such modification if it is

25 supported by the amount of the original appropriation
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1 (provided by section 336 of Public Law 103–331). No ad2 ditional appropriation is made by this section. In imple3 menting this section, the Secretary may enter into an

4 agreement requiring an interest rate, on both the original

5 line of credit and the additional amount provided for here6 in, higher than that currently in force and higher than

7 that specified in the original appropriation. An agreement

8 entered into pursuant to this section may not obligate the

9 Secretary to make any funds available until all remaining

10 contingency reserves are exhausted, and in no event shall

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

12 Ω164æSEC. 405. Public Law 100–202 is amended in

13 the item relating to ‘‘Traffic Improvement Demonstration

14 Project’’ by inserting after ‘‘project’’ the following: ‘‘or up15 grade existing local roads’’.

16 Ω165æSEC. 405. The amount appropriated for the

17 Lake Shore Drive extension study, Whiting, Indiana, under

18 the matter under the heading ‘‘SURFACE TRANSPORTATION

19 PROJECTS’’ under the heading ‘‘FEDERAL HIGHWAY

20 ADMINISTRATION’’ in title I of the Department of

21 Transportation and Related Agencies Appropriations Act,

22 1995 (Public Law 103–331; 108 Stat. 2478), shall be

23 made available to carry out the congestion relief project

24 for the construction of a 4-lane road and overpass at

25 Merrillville, Indiana, authorized by item 35 of section
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1 1104(b) of the Intermodal Surface Transportation Effi2 ciency Act of 1991 (Public Law 102–240; 105 Stat.

3 2030).

4 Ω166æSEC. 406. HIGHWAY SAFETY IMPROVEMENT

5 PROJECT, MICHIGAN.

6 Of the amount appropriated for the highway safety

7 improvement project, Michigan, under the matter under the

8 heading ‘‘SURFACE TRANSPORTATION PROJECTS’’ under the

9 heading ‘‘FEDERAL HIGHWAY ADMINISTRATION’’ in

10 title I of the Department of Transportation and Related

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

12 108 Stat. 2478), for the purposes of right-of-way acquisition

13 for Baldwin Road, and engineering, right-of-way acquisi14 tion, and construction between Walton Boulevard and Dixie

15 Highway, $2,000,000 shall be made available for construc16 tion of Baldwin Road.

17 Ω167æSEC. 407. TRANSFER OF FUNDS AMONG MIN18 NESOTA HIGHWAY PROJECTS.

19 (a) IN GENERAL.—Such portions of the amounts ap20 propriated for the Minnesota highway projects described in

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

22 31, 1996, may, at the option of the Minnesota Department

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

24 Street Corridor Project in Moorhead, Minnesota, authorized

25 by section 149(a)(5)(A)(iii) of the Surface Transportation
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1 and Uniform Relocation Assistance Act of 1987 (Public

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

3 of the National Highway System Designation Act of 1995

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

5 (b) PROJECTS.—The Minnesota highway projects de6 scribed in this subsection are—

7 (1) the project for Saint Louis County author8 ized by section 149(a)(76) of the Surface Transpor9 tation and Uniform Relocation Assistance Act of 1987

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

11 (2) the project for Nicollet County authorized by

12 item 159 of section 1107(b) of the Intermodal Surface

13 Transportation Efficiency Act of 1991 (Public Law

14 102–240; 105 Stat. 2056).

15 Ω168æTITLE V—ADDITIONAL GENERAL

16 PROVISIONS

17 Ω169æSEC. 501. (a) LIMITATION ON NEW LOAN

18 GUARANTEES FOR CERTAIN RAILROAD PROJECTS.—None

19 of the funds made available in this Act may be used for

20 the cost of any new loan guarantee commitment for any

21 railroad project, when it is made known to the Federal

22 official having authority to obligate or expend such funds

23 that such railroad project is an international railroad

24 project of the United States and another country, or a
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1 railroad project in the United States in the vicinity of the

2 United States border with another country.

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

4 when it is made known to the Federal official having au5 thority to obligate or expend such funds that—

6 (1) a comprehensive study has been conducted

7 after the date of the enactment of this Act regarding

8 criminal activities that have occurred on existing

9 railroads of such type, including—

10 (A) the use of such railroads to facilitate

11 the smuggling of illegal aliens and illegal drugs

12 into the United States, and the impact of such

13 smuggling on the total number of illegal aliens,

14 and the total amount of illegal drugs, entering

15 the United States; and

16 (B) the commission of robberies against

17 such railroads; and

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

19 such study has been issued and made available to

20 the public.

21 Ω170æSEC. 502. None of the funds made available

22 in this Act may be used by the National Transportation

23 Safety Board to plan, conduct, or enter into any contract

24 for a study to determine the feasibility of allowing individ-
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1 uals who are more than 60 years of age to pilot commer2 cial aircraft.

3 This Act may be cited as the ‘‘Department of Trans4 portation and Related Agencies Appropriations Act,

5 1997’’.

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

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE,

Deputy Clerk.

Passed the Senate July 31, 1996.

Attest: KELLY D. JOHNSTON,

Secretary.