II
105TH CONGRESS
1ST SESSION
H.R. 2169
IN THE SENATE OF THE UNITED STATES
JULY 29, 1997
Received
AN ACT
Making appropriations for the Department of Transportation
and related agencies for the fiscal year ending September
30, 1998, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
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money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1998, and for other pur-
poses, namely:
TITLE I
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$60,009,000, of which not to exceed $40,000 shall be
available as the Secretary may determine for allocation
within the Department for official reception and represen-
tation expenses: Provided, That notwithstanding any other
provision of law, there may be credited to this appropria-
tion up to $1,000,000 in funds received in user fees: Pro-
vided further, That no more than $606,000 shall be avail-
able for the Office of Acquisition and Grants Management,
solely for department-wide grants management activities:
Provided further, That none of the funds appropriated in
this Act or otherwise made available may be used to main-
tain custody of airline tariffs that are already available
for public and departmental access at no cost; to secure
them against detection, alteration, or tampering; and open
to inspection by the Department.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights,
$5,574,000.
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TRANSPORTATION PLANNING, RESEARCH, AND
DEVELOPMENT
For necessary expenses for conducting transportation
planning, research, systems development, and development
activities, to remain available until expended, $4,400,000.
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER
Necessary expenses for operating costs and capital
outlays of the Transportation Administrative Service Cen-
ter, not to exceed $121,800,000, shall be paid from appro-
priations made available to the Department of Transpor-
tation: Provided, That such services shall be provided on
a competitive basis to entities within the Department of
Transportation: Provided further, That the above limita-
tion on operating expenses shall not apply to non-DOT
entities: Provided further, That no funds appropriated in
this Act to an agency of the Department shall be trans-
ferred to the Transportation Administrative Service Cen-
ter without the approval of the agency modal adminis-
trator: Provided further, That no assessments may be lev-
ied against any program, budget activity, subactivity or
project funded by this Act unless notice of such assess-
ments and the basis therefor are presented to the House
and Senate Committees on Appropriations and are ap-
proved by such Committees.
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MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of direct loans, $1,500,000, as author-
ized by 49 U.S.C. 332: Provided, That such costs, includ-
ing the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to sub-
sidize gross obligations for the principal amount of direct
loans not to exceed $15,000,000. In addition, for adminis-
trative expenses to carry out the direct loan program,
$400,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Re-
source Center outreach activities, $2,900,000, of which
$2,635,000 shall remain available until September 30,
1999: Provided, That notwithstanding 49 U.S.C. 332,
these funds may be used for business opportunities related
to any mode of transportation.
COAST GUARD
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the operation and mainte-
nance of the Coast Guard, not otherwise provided for; pur-
chase of not to exceed five passenger motor vehicles for
replacement only; payments pursuant to section 156 of
Public Law 97–377, as amended (42 U.S.C. 402 note),
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and section 229(b) of the Social Security Act (42 U.S.C.
429(b)); and recreation and welfare; $2,708,000,000, of
which $300,000,000 shall be available for defense-related
activities and $25,000,000 shall be derived from the Oil
Spill Liability Trust Fund: Provided, That the number of
aircraft on hand at any one time shall not exceed two hun-
dred and twelve, exclusive of aircraft and parts stored to
meet future attrition: Provided further, That none of the
funds appropriated in this or any other Act shall be avail-
able for pay or administrative expenses in connection with
shipping commissioners in the United States: Provided
further, That none of the funds provided in this Act shall
be available for expenses incurred for yacht documentation
under 46 U.S.C. 12109, except to the extent fees are col-
lected from yacht owners and credited to this appropria-
tion: Provided further, That the Commandant shall reduce
both military and civilian employment levels for the pur-
pose of complying with Executive Order No. 12839: Pro-
vided further, That $34,300,000 of the funds provided
under this heading for increased drug interdiction activi-
ties are not available for obligation until the Director, Of-
fice of National Drug Control Policy: (1) reviews the spe-
cific activities and associated costs and benefits proposed
by the Coast Guard; (2) compares those activities to other
drug interdiction efforts government-wide; and (3) cer-
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tifies, in writing, to the House and Senate Committees on
Appropriations that such expenditures represent the best
investment relative to other options: Provided further,
That should the Director, Office of National Drug Control
Policy decline to make such certification, after notification
in writing to the House and Senate Committees on Appro-
priations, the Director may transfer, at his discretion, up
to $34,300,000 of funds provided herein for Coast Guard
drug interdiction activities to any other entity of the Fed-
eral Government for drug interdiction activities: Provided
further, That up to $615,000 in user fees collected pursu-
ant to section 1111 of Public Law 104–324 shall be cred-
ited to this appropriation as offsetting collections in fiscal
year 1998.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment related
thereto, $379,000,000, of which $20,000,000 shall be de-
rived from the Oil Spill Liability Trust Fund; of which
$191,650,000 shall be available to acquire, repair, ren-
ovate or improve vessels, small boats and related equip-
ment, to remain available until September 30, 2002;
$33,900,000 shall be available to acquire new aircraft and
increase aviation capability, to remain available until Sep-
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tember 30, 2000; $47,050,000 shall be available for other
equipment, to remain available until September 30, 2000;
$59,400,000 shall be available for shore facilities and aids
to navigation facilities, to remain available until Septem-
ber 30, 2000; and $47,000,000 shall be available for per-
sonnel compensation and benefits and related costs, to re-
main available until September 30, 1999: Provided, That
funds received from the sale of HU–25 aircraft shall be
credited to this appropriation for the purpose of acquiring
new aircraft and increasing aviation capacity: Provided
further, That the Commandant may dispose of surplus real
property by sale or lease and the proceeds shall be credited
to this appropriation, of which not more than $9,000,000
shall be credited as offsetting collections to this account,
to be available for the purposes of this account: Provided
further, That the amount herein appropriated from the
General Fund shall be reduced by such amount so as to
result in a final fiscal year 1998 appropriation from the
General Fund of $370,000,000: Provided further, That
any proceeds from the sale or lease of Coast Guard surplus
real property in excess of $9,000,000 shall be retained and
remain available until expended, but shall not be available
for obligation until October 1, 1998.
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ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the Coast
Guard’s environmental compliance and restoration func-
tions under chapter 19 of title 14, United States Code,
$21,000,000, to remain available until expended.
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of
obstructive bridges, $16,000,000, to remain available until
expended.
RETIRED PAY
For retired pay, including the payment of obligations
therefor otherwise chargeable to lapsed appropriations for
this purpose, and payments under the Retired Service-
man’s Family Protection and Survivor Benefits Plans, and
for payments for medical care of retired personnel and
their dependents under the Dependents Medical Care Act
(10 U.S.C. ch. 55); $645,696,000.
RESERVE TRAINING
(INCLUDING TRANSFER OF FUNDS)
For all necessary expenses of the Coast Guard Re-
serve, as authorized by law; maintenance and operation
of facilities; and supplies, equipment, and services;
$67,000,000: Provided, That no more than $20,000,000
of funds made available under this heading may be trans-
ferred to Coast Guard ‘‘Operating expenses’’ or otherwise
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made available to reimburse the Coast Guard for financial
support of the Coast Guard Reserve.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses, not otherwise provided for,
for applied scientific research, development, test, and eval-
uation; maintenance, rehabilitation, lease and operation of
facilities 
and 
equipment, 
as 
authorized 
by 
law,
$19,000,000, to remain available until expended, of which
$3,500,000 shall be derived from the Oil Spill Liability
Trust Fund: Provided, That there may be credited to this
appropriation funds received from State and local govern-
ments, other public authorities, private sources, and for-
eign countries, for expenses incurred for research, develop-
ment, testing, and evaluation.
BOAT SAFETY
(AQUATIC RESOURCES TRUST FUND)
For payment of necessary expenses incurred for rec-
reational boating safety assistance under Public Law 92–
75, as amended, $35,000,000, to be derived from the Boat
Safety Account and to remain available until expended.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
For necessary expenses of the Federal Aviation Ad-
ministration, not otherwise provided for, including oper-
ations and research activities related to commercial space
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transportation, administrative expenses for research and
development, establishment of air navigation facilities and
the operation (including leasing) and maintenance of air-
craft, and carrying out the provisions of subchapter I of
chapter 471 of title 49, United States Code, or other pro-
visions of law authorizing the obligation of funds for simi-
lar programs of airport and airway development or im-
provement, lease or purchase of four passenger motor ve-
hicles for replacement only, $5,300,000,000, of which
$1,880,000,000 shall be derived from the Airport and Air-
way Trust Fund: Provided, That none of the funds in this
Act shall be available for the Federal Aviation Administra-
tion to plan, finalize, or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of enactment of this Act:
Provided further, That there may be credited to this appro-
priation funds received from States, counties, municipali-
ties, foreign authorities, other public authorities, and pri-
vate sources, for expenses incurred in the provision of
agency services, including receipts for the maintenance
and operation of air navigation facilities, and for issuance,
renewal or modification of certificates, including airman,
aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms:
Provided further, That funds may be used to enter into
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a grant agreement with a nonprofit standard-setting orga-
nization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of
the funds in this Act shall be available for paying premium
pay under 5 U.S.C. 5546(a) to any Federal Aviation Ad-
ministration employee unless such employee actually per-
formed work during the time corresponding to such pre-
mium pay: Provided further, That none of the funds in
this Act may be obligated or expended to operate a
manned auxiliary flight service station in the contiguous
United States: Provided further, That none of the funds
derived from the Airport and Airway Trust Fund may be
used to support the operations and activities of the Associ-
ate Administrator for Commercial Space Transportation.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for,
for acquisition, establishment, and improvement by con-
tract or purchase, and hire of air navigation and experi-
mental facilities and equipment as authorized under part
A of subtitle VII of title 49, United States Code, including
initial acquisition of necessary sites by lease or grant; en-
gineering and service testing, including construction of
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test facilities and acquisition of necessary sites by lease
or grant; and construction and furnishing of quarters and
related accommodations for officers and employees of the
Federal Aviation Administration stationed at remote local-
ities where such accommodations are not available; and
the purchase, lease, or transfer of aircraft from funds
available under this head; to be derived from the Airport
and Airway Trust Fund, $1,875,000,000, of which
$1,655,890,000 shall remain available until September 30,
2000, and of which $219,110,000 shall remain available
until September 30, 1998: Provided, That there may be
credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and pri-
vate sources, for expenses incurred in the establishment
and modernization of air navigation facilities.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for,
for research, engineering, and development, as authorized
under part A of subtitle VII of title 49, United States
Code, including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$185,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until September 30,
2000: Provided, That there may be credited to this appro-
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priation funds received from States, counties, municipali-
ties, other public authorities, and private sources, for ex-
penses incurred for research, engineering, and develop-
ment: Provided further, That none of the funds in this Act
may be obligated or expended for the ‘‘Flight 2000’’ Pro-
gram.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for grants-in-
aid for airport planning and development, and for noise
compatibility planning and programs as authorized under
subchapter I of chapter 471 and subchapter I of chapter
475 of title 49, United States Code, and under other law
authorizing such obligations, $1,600,000,000, to be de-
rived from the Airport and Airway Trust Fund and to re-
main available until expended: Provided, That none of the
funds in this Act shall be available for the planning or
execution of programs the obligations for which are in ex-
cess of $1,700,000,000 in fiscal year 1998 for grants-in-
aid for airport planning and development, and noise com-
patibility planning and programs, notwithstanding section
47117(h) of title 49, United States Code.
AVIATION INSURANCE REVOLVING FUND
The Secretary of Transportation is hereby authorized
to make such expenditures and investments, within the
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limits of funds available pursuant to 49 U.S.C. 44307, and
in accordance with section 104 of the Government Cor-
poration Control Act, as amended (31 U.S.C. 9104), as
may be necessary in carrying out the program for aviation
insurance activities under chapter 443 of title 49, United
States Code.
AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM
None of the funds in this Act shall be available for
activities under this heading during fiscal year 1998.
ADMINISTRATIVE SERVICES FRANCHISE FUND
None of the funds in this Act shall be available to
establish new activities under the Administrative Services
Franchise Fund during fiscal year 1998.
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON GENERAL OPERATING EXPENSES
Necessary expenses for administration, operation, in-
cluding motor carrier safety program operations, and re-
search of the Federal Highway Administration not to ex-
ceed $510,313,000 shall be paid in accordance with law
from appropriations made available by this Act to the Fed-
eral Highway Administration together with advances and
reimbursements received by the Federal Highway Admin-
istration: Provided, That $202,226,000 of the amount
provided herein shall remain available until September 30,
2000.
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FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
None of the funds in this Act shall be available for
the implementation or execution of programs the obliga-
tions for which are in excess of $21,500,000,000 for Fed-
eral-aid highways and highway safety construction pro-
grams for fiscal year 1998.
FEDERAL-AID HIGHWAYS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For carrying out the provisions of title 23, United
States Code, that are attributable to Federal-aid high-
ways, including the National Scenic and Recreational
Highway as authorized by 23 U.S.C. 148, not otherwise
provided, including reimbursements for sums expended
pursuant 
to 
the 
provisions 
of 
U.S.C. 
308,
$20,800,000,000 or so much thereof as may be available
in and derived from the Highway Trust Fund, to remain
available until expended.
RIGHT-OF-WAY REVOLVING FUND
(LIMITATION ON DIRECT LOANS)
(HIGHWAY TRUST FUND)
None of the funds under this head are available for
obligations for right-of-way acquisition during fiscal year
1998.
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MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out
49 U.S.C. 31102, $85,000,000, to be derived from the
Highway Trust Fund and to remain available until ex-
pended: Provided, That none of the funds in this Act shall
be available for the implementation or execution of pro-
grams the obligations for which are in excess of
$85,325,000 for ‘‘Motor Carrier Safety Grants’’.
NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
OPERATIONS AND RESEARCH
For expenses necessary to discharge the functions of
the Secretary with respect to traffic and highway safety
under part C of subtitle VI of title 49, United States Code,
and chapter 301 of title 49, United States Code,
$74,492,000, of which $40,674,000 shall remain available
until September 30, 2000: Provided, That none of the
funds appropriated by this Act may be obligated or ex-
pended to plan, finalize, or implement any rulemaking to
add to section 575.104 of title 49 of the Code of Federal
Regulations any requirement pertaining to a grading
standard that is different from the three grading stand-
ards (treadwear, traction, and temperature resistance) al-
ready in effect.
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OPERATIONS AND RESEARCH
(HIGHWAY TRUST FUND)
For expenses necessary to discharge the functions of
the Secretary with respect to traffic and highway safety
under 23 U.S.C. 403 and section 2006 of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public
Law 102–240), to be derived from the Highway Trust
Fund, $72,415,000, of which $49,520,000 shall remain
available until September 30, 2000.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred carrying out the
provisions of 23 U.S.C. 153, 402, 408, and 410, and chap-
ter 303 of title 49, United States Code, to remain available
until expended, $186,000,000, to be derived from the
Highway Trust Fund: Provided, That, notwithstanding
subsection 2009(b) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991, none of the funds in this
Act shall be available for the planning or execution of pro-
grams the total obligations for which, in fiscal year 1998,
are in excess of $186,500,000 for programs authorized
under 23 U.S.C. 402, 410, and chapter 303 of title 49,
United States Code, of which $140,200,000 shall be for
‘‘State 
and 
community 
highway 
safety 
grants’’,
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$2,300,000 shall be for the ‘‘National Driver Register’’,
$9,000,000 shall be for ‘‘Occupant Protection Incentive
Grants’’, subject to authorization, and $35,000,000 shall
be for section 410 ‘‘Alcohol-impaired driving counter-
measures programs’’: Provided further, That none of these
funds shall be used for construction, rehabilitation or re-
modeling costs, or for office furnishings and fixtures for
State, local, or private buildings or structures: Provided
further, That not to exceed $5,268,000 of the funds made
available for section 402 may be available for administer-
ing ‘‘State and community highway safety grants’’: Pro-
vided further, That not to exceed $150,000 of the funds
made available for section 402 may be available for admin-
istering the highway safety grants authorized by section
1003(a)(7) of Public Law 102–240: Provided further,
That not to exceed $500,000 of the funds made available
for section 410 ‘‘Alcohol-impaired driving counter-meas-
ures programs’’ shall be available for technical assistance
to the States.
FEDERAL RAILROAD ADMINISTRATION
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Federal Railroad Ad-
ministration, not otherwise provided for, $19,434,000, of
which $1,389,000 shall remain available until expended:
Provided, That none of the funds in this Act shall be avail-
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able for the planning or execution of a program making
commitments to guarantee new loans under the Emer-
gency Rail Services Act of 1970, as amended, and no new
commitments to guarantee loans under section 211(a) or
211(h) of the Regional Rail Reorganization Act of 1973,
as amended, shall be made: Provided further, That, as part
of the Washington Union Station transaction in which the
Secretary assumed the first deed of trust on the property
and, where the Union Station Redevelopment Corporation
or any successor is obligated to make payments on such
deed of trust on the Secretary’s behalf, including pay-
ments on and after September 30, 1988, the Secretary
is authorized to receive such payments directly from the
Union Station Redevelopment Corporation, credit them to
the appropriation charged for the first deed of trust, and
make payments on the first deed of trust with those funds:
Provided further, That such additional sums as may be
necessary for payment on the first deed of trust may be
advanced by the Administrator from unobligated balances
available to the Federal Railroad Administration, to be re-
imbursed from payments received from the Union Station
Redevelopment Corporation: Provided further, That none
of the funds for rental payments to the General Services
Administration provided herein shall be used to pay the
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expenses of headquarters’ employees outside of the Nassif
building after January 1, 1998.
RAILROAD SAFETY
For necessary expenses in connection with railroad
safety, not otherwise provided for, $56,967,000, of which
$5,511,000 shall remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
funds appropriated under this heading are available for
the reimbursement of out-of-state travel and per diem
costs incurred by employees of State governments directly
supporting the Federal railroad safety program, including
regulatory development and compliance-related activities.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and de-
velopment, $21,038,000, to remain available until ex-
pended.
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
For necessary expenses related to Northeast Corridor
improvements authorized by title VII of the Railroad Revi-
talization and Regulatory Reform Act of 1976, as amend-
ed (45 U.S.C. 851 et seq.) and 49 U.S.C. 24909,
$250,000,000, to remain available until September 30,
2000.
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RAILROAD REHABILITATION AND IMPROVEMENT
PROGRAM
The Secretary of Transportation is authorized to
issue to the Secretary of the Treasury notes or other obli-
gations pursuant to section 512 of the Railroad Revitaliza-
tion and Regulatory Reform Act of 1976 (Public Law 94–
210), as amended, in such amounts and at such times as
may be necessary to pay any amounts required pursuant
to the guarantee of the principal amount of obligations
under sections 511 through 513 of such Act, such author-
ity to exist as long as any such guaranteed obligation is
outstanding: Provided, That no new loan guarantee com-
mitments shall be made during fiscal year 1998.
NEXT GENERATION HIGH-SPEED RAIL
For necessary expenses for Next Generation High-
Speed Rail studies, corridor planning, development, dem-
onstration, and implementation, $18,395,000, to remain
available until expended: Provided, That funds under this
head may be made available for grants to States for high-
speed rail corridor design, feasibility studies, environ-
mental analyses, and track and signal improvements.
RHODE ISLAND RAIL DEVELOPMENT
For the costs associated with construction of a third
track on the Northeast Corridor between Davisville and
Central Falls, Rhode Island, with sufficient clearance to