IB
Union Calendar No. 115
105TH CONGRESS
1ST SESSION
H. R. 2169
[Report No. 105–188]
Making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 1998, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 16, 1997
Mr. WOLF, from the Committee on Appropriations, reported the following bill;
which was committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
A BILL
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,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1998, and for other pur-
poses, namely:
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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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PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the budgetary resources provided for ‘‘Small Com-
munity Air Service’’ in Public Law 101–508 for fiscal year
1998, $38,600,000 are rescinded.
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.
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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),
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-
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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-
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
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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.
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.
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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
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.
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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
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 not-
withstanding 49 U.S.C. 48104(c), $3,425,000,000 shall be
derived from the Airport and Airway Trust Fund: Pro-
vided, That none of the funds in this Act shall be available
for the Federal Aviation Administration to plan, finalize,
or implement any regulation that would promulgate new
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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 appropriation funds received
from States, counties, municipalities, foreign authorities,
other public authorities, and private sources, for expenses
incurred in the provision of agency services, including re-
ceipts for the maintenance and operation of air navigation
facilities, and for issuance, renewal or modification of cer-
tificates, including airman, aircraft, and repair station cer-
tificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That
funds may be used to enter into a grant agreement with
a nonprofit standard-setting organization to assist in the
development of aviation safety standards: Provided fur-
ther, 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 Administration employee
unless such employee actually performed work during the
time corresponding to such premium pay: Provided fur-
ther, 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 Air-
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way Trust Fund may be used to support the operations
and activities of the Associate Administrator for Commer-
cial 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
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-
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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-
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
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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
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.
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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 pro-
vided herein shall remain available until September 30,
2000.
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
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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 obli-
gations for right-of-way acquisition during fiscal year
1998.
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’’.
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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.
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.
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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,
U.S.C., of which $140,200,000 shall be for ‘‘State and
community highway safety grants’’, $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 remodeling costs, or for
office furnishings and fixtures for State, local, or private
buildings or structures: Provided further, That not to ex-
ceed $5,268,000 of the funds made available for section
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402 may be available for administering ‘‘State and com-
munity highway safety grants’’: Provided further, That not
to exceed $150,000 of the funds made available for section
402 may be available for administering 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-im-
paired driving counter-measures programs’’ shall be avail-
able 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-
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
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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
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
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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.
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
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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
accommodate double stack freight cars, $10,000,000, to
be matched by the State of Rhode Island or its designee
on a dollar for dollar basis and to remain available until
expended: Provided, That as a condition of accepting such
funds, the Providence and Worcester (P&W) Railroad
shall enter into an agreement with the Secretary to reim-
burse Amtrak and/or the Federal Railroad Administra-
tion, on a dollar for dollar basis, up to the first
$23,000,000 in damages resulting from the legal action
initiated by the P&W Railroad under its existing contracts
with Amtrak relating to the provision of vertical clearances
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between Davisville and Central Falls in excess of those re-
quired for present freight operations.
GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
To enable the Secretary of Transportation to make
grants to the National Railroad Passenger Corporation
authorized by 49 U.S.C. 24104, $543,000,000, to remain
available until expended, of which $202,000,000 shall be
available for operating losses, $81,000,000 shall be avail-
able for mandatory passenger rail service payments, and
$260,000,000 shall be for capital improvements: Provided,
That none of the funds herein appropriated for mandatory
railroad retirement payments shall be used for payments
for National Railroad Passenger Corporation employees:
Provided further, That none of the funds in this Act may
be obligated or expended for operating losses in excess of
the amounts specifically provided herein: Provided further,
That none of the funds provided for capital improvements
may be transferred to operating losses to pay for debt
service interest unless specifically authorized by law after
the date of enactment of this Act: Provided further, That
the incurring of any obligation or commitment by the Cor-
poration for the purchase of capital improvements prohib-
ited by this Act or not expressly provided for in an appro-
priations Act shall be deemed a violation of 31 U.S.C.
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1341: Provided further, That funding under this head for
capital improvements shall not be made available before
July 1, 1998: Provided further, That the Administrator
of the Federal Railroad Administration shall submit a
quarterly report to the House and Senate Committees on
Appropriations detailing the financial status of, and future
business forecasts for, the National Railroad Passenger
Corporation as well as recommendations for reducing op-
erating losses in the near-term and Federal financial sup-
port in the long-term: Provided further, That none of the
funds herein appropriated shall be used for lease or pur-
chase of passenger motor vehicles or for the hire of vehicle
operators for any officer or employee, other than the presi-
dent of the Corporation, excluding the lease of passenger
motor vehicles for those officers or employees while in offi-
cial travel status.
FEDERAL TRANSIT ADMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Federal
Transit Administration’s programs authorized by chapter
53 of title 49, United States Code, $45,738,000: Provided,
That none of the funds in this Act shall be available for
the execution of contracts under section 5327(c) of title
49, United States Code, in an aggregate amount that ex-
ceeds $15,000,000.
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FORMULA GRANTS
For necessary expenses to carry out 49 U.S.C. 5307,
5310(a)(2), 5311, and 5336, to remain available until ex-
pended, $290,000,000: Provided, That no more than
$2,500,000,000 of budget authority shall be available for
these purposes: Provided further, That of the funds pro-
vided under this head for formula grants, no more than
$200,000,000 may be used for operating assistance under
49 U.S.C. 5336(d): Provided further, That the limitation
on operating assistance provided under this heading shall,
for urbanized areas of less than 200,000 in population,
be no less than seventy-five percent of the amount of oper-
ating assistance such areas are eligible to receive under
Public Law 103–331: Provided further, That in the dis-
tribution of the limitation provided under this heading to
urbanized areas that had a population under the 1990
census of 1,000,000 or more, the Secretary shall direct
each such area to give priority consideration to the impact
of reductions in operating assistance on smaller transit au-
thorities operating within the area and to consider the
needs and resources of such transit authorities when the
limitation is distributed among all transit authorities oper-
ating in the area.
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UNIVERSITY TRANSPORTATION CENTERS
For necessary expenses for university transportation
centers as authorized by 49 U.S.C. 5317(b), to remain
available until expended, $6,000,000.
TRANSIT PLANNING AND RESEARCH
For necessary expenses for transit planning and re-
search as authorized by 49 U.S.C. 5303, 5311, 5313,
5314, and 5315, to remain available until expended,
$86,000,000, of which $39,500,000 shall be for activities
under 
Metropolitan 
Planning 
(49 
U.S.C. 
5303);
$4,500,000 for activities under Rural Transit Assistance
(49 U.S.C. 5311(b)(2)); $8,250,000 for activities under
State Planning and Research (49 U.S.C. 5313(b));
$22,500,000 for activities under National Planning and
Research (49 U.S.C. 5314); $8,250,000 for activities
under Transit Cooperative Research (49 U.S.C. 5313(a));
and $3,000,000 for National Transit Institute (49 U.S.C.
5315).
TRUST FUND SHARE OF EXPENSES
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out
49 U.S.C. 5338(a), $2,210,000,000, to remain available
until expended and to be derived from the Highway Trust
Fund: Provided, That $2,210,000,000 shall be paid from
the Mass Transit Account of the Highway Trust Fund to
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$500,000 for the Cincinnati Northeast/North-
ern Kentucky rail line project (subject to authoriza-
tion);
$5,000,000 for the Clark County, Nevada fixed
guideway project (subject to authorization);
$800,000 for the Cleveland Blue Line extension
to Highland Hills project (subject to authorization);
$700,000 for the Cleveland Berea Red Line ex-
tension to Hopkins International Airport (subject to
authorization);
$1,200,000 for the Cleveland Waterfront Line
extension project (subject to authorization);
$14,000,000 
for 
the 
Dallas-Fort 
Worth
RAILTRAN project (subject to authorization);
$8,000,000 for the DART North Central light
rail extension project (subject to authorization);
$1,500,000 for the DeKalb County, Georgia
light rail project (subject to authorization);
$21,400,000 for the Denver Southwest Corridor
project (subject to authorization);
$7,000,000 for the Florida Tri-County com-
muter rail project (subject to authorization);
$1,000,000 for the Galveston, Texas rail trolley
system project (subject to authorization);
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$1,000,000 for the Houston Advanced Regional
Bus Plan project (subject to authorization);
$51,100,000 for the Houston Regional Bus
project (subject to authorization);
$1,000,000 for the Indianapolis Northeast cor-
ridor project (subject to authorization);
$4,000,000 for the Jackson, Mississippi inter-
modal corridor project (subject to authorization);
$76,000,000 for the Los Angeles MOS–3
project (subject to authorization);
$27,000,000 for MARC commuter rail improve-
ments (subject to authorization);
$1,000,000 for the Memphis, Tennessee re-
gional rail project (subject to authorization);
$9,000,000 for the Metro-Dade Transit east-
west corridor project (subject to authorization);
$9,000,000 for the Miami-North 27th Avenue
project (subject to authorization);
$1,000,000 for the Mission Valley East corridor
project (subject to authorization);
$54,800,000 for the New Jersey-Hudson-Ber-
gen project (subject to authorization);
$27,000,000 for the New Jersey Secaucus
project (subject to authorization);
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$8,000,000 for the New Orleans Canal Street
corridor project (subject to authorization);
$2,000,000 for the New Orleans Desire Street-
car project (subject to authorization);
$6,000,000 for the North Carolina Research
Triangle Park project (subject to authorization);
$2,000,000 for the Northern Indiana South
Shore commuter rail project (subject to authoriza-
tion);
$5,000,000 for the Oceanside-Escondido light
rail project (subject to authorization);
$1,600,000 for the Oklahoma City MAPS cor-
ridor transit project (subject to authorization);
$4,000,000 for the Orange County transitway
project (subject to authorization);
$31,800,000 for the Orlando Lynx light rail
project (subject to authorization);
$500,000 for the Pennsylvania Strawberry Hill/
Diamond Branch rail project (subject to authoriza-
tion);
$8,000,000 for the Phoenix metropolitan area
transit project (subject to authorization);
$3,000,000 for the Pittsburgh airport busway
project (subject to authorization);
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$63,400,000 for the Portland-Westside/Hills-
boro project (subject to authorization);
$20,300,000 for the Sacramento LRT project
(subject to authorization);
$42,800,000 for the Salt Lake City South LRT
project (subject to authorization);
$1,000,000 for the San Bernardino Metrolink
project (subject to authorization);
$3,000,000 for the San Diego Mid-Coast cor-
ridor project (subject to authorization);
$54,800,000 for the San Francisco BART ex-
tension to the airport project (subject to authoriza-
tion);
$25,700,000 for the San Juan Tren Urbano
(subject to authorization);
$21,400,000 for the San Jose Tasman LRT
project (subject to authorization);
$4,000,000 for the Seattle-Tacoma commuter
rail project (subject to authorization);
$2,000,000 for the Seattle-Tacoma light rail
project (subject to authorization);
$30,000,000 for the St. Louis-St. Clair LRT
extension project (subject to authorization);
$5,000,000 for the Staten Island-Midtown
Ferry service project (subject to authorization);
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$2,000,000 for the Tampa Bay regional rail
project (subject to authorization);
$2,000,000 for the Tidewater, Virginia rail
project (subject to authorization);
$1,000,000 for the Toledo, Ohio rail project
(subject to authorization);
$20,000,000 for the Twin Cities transitways
projects (subject to authorization);
$2,500,000 for the Virginia Rail Express Fred-
ericksburg to Washington commuter rail project
(subject to authorization);
$5,000,000 for the Whitehall ferry terminal
project (subject to authorization); and
$5,000,000 for the Wisconsin central commuter
rail project (subject to authorization).
MASS TRANSIT CAPITAL FUND
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out
49 U.S.C. 5338(b) administered by the Federal Transit
Administration, $2,350,000,000, to be derived from the
Highway Trust Fund and to remain available until ex-
pended.
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WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY
For necessary expenses to carry out the provisions
of section 14 of Public Law 96–184 and Public Law 101–
551, $200,000,000, to remain available until expended.
SAINT LAWRENCE SEAWAY DEVELOPMENT
CORPORATION
SAINT LAWRENCE SEAWAY DEVELOPMENT
CORPORATION
The Saint Lawrence Seaway Development Corpora-
tion is hereby authorized to make such expenditures, with-
in the limits of funds and borrowing authority available
to the Corporation, and in accord with law, and to make
such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Govern-
ment Corporation Control Act, as amended, as may be
necessary in carrying out the programs set forth in the
Corporation’s budget for the current fiscal year.
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses for operation and mainte-
nance of those portions of the Saint Lawrence Seaway op-
erated and maintained by the Saint Lawrence Seaway De-
velopment Corporation, including the Great Lakes Pilot-
age functions delegated by the Secretary of Transpor-
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tation, $11,200,000, to be derived from the Harbor Main-
tenance Trust Fund, pursuant to Public Law 99–662.
RESEARCH AND SPECIAL PROGRAMS
ADMINISTRATION
RESEARCH AND SPECIAL PROGRAMS
For expenses necessary to discharge the functions of
the Research and Special Programs Administration,
$27,934,000, of which $574,000 shall be derived from the
Pipeline Safety Fund, and of which $4,950,000 shall re-
main available until September 30, 2000: Provided, That
up to $1,200,000 in fees collected under 49 U.S.C.
5108(g) shall be deposited in the general fund of the
Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available
until expended, funds received from States, counties, mu-
nicipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in per-
formance of hazardous materials exemptions and approv-
als functions.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
For expenses necessary to conduct the functions of
the pipeline safety program, for grants-in-aid to carry out
a pipeline safety program, as authorized by 49 U.S.C.
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60107, and to discharge the pipeline program responsibil-
ities of the Oil Pollution Act of 1990, $31,486,000, of
which $3,300,000 shall be derived from the Oil Spill Li-
ability Trust Fund and shall remain available until Sep-
tember 30, 2000; and of which $28,186,000 shall be de-
rived from the Pipeline Safety Fund, of which
$14,839,000 shall remain available until September 30,
2000: Provided, That in addition to amounts made avail-
able for the Pipeline Safety Fund, $1,000,000 shall be
available for grants to States for the development and es-
tablishment of one-call notification systems and shall be
derived from amounts previously collected under section
7005 of the Consolidated Omnibus Budget Reconciliation
Act of 1985.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
For necessary expenses to carry out 49 U.S.C.
5127(c), $200,000, to be derived from the Emergency
Preparedness Fund, to remain available until September
30, 2000: Provided, That none of the funds made available
by 49 U.S.C. 5116(i) and 5127(d) shall be made available
for obligation by individuals other than the Secretary of
Transportation, or his designee.
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OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General to carry out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $42,000,000: Provided,
That none of the funds under this heading shall be for
the conduct of contract audits.
SURFACE TRANSPORTATION BOARD
SALARIES AND EXPENSES
For necessary expenses of the Surface Transpor-
tation Board, including services authorized by 5 U.S.C.
3109, $15,853,000: Provided, That notwithstanding any
other provision of law, not to exceed $2,000,000 from fees
established by the Chairman of the Surface Transpor-
tation Board shall be credited to this appropriation as off-
setting collections and used for necessary and authorized
expenses under this heading: Provided further, That the
sum herein appropriated for the general fund shall be re-
duced on a dollar for dollar basis as such offsetting collec-
tions are received during fiscal year 1998, to result in a
final appropriation from the general fund estimated at no
more than $13,853,000: Provided further, That any fees
received in excess of $2,000,000 in fiscal year 1998 shall
remain available until expended, but shall not be available
for obligation until October 1, 1998.
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TITLE II
RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION
BARRIERS COMPLIANCE BOARD
SALARIES AND EXPENSES
For expenses necessary for the Architectural and
Transportation Barriers Compliance Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as
amended, $3,640,000: Provided, That, notwithstanding
any other provision of law, there may be credited to this
appropriation funds received for publications and training
expenses.
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the National Transpor-
tation Safety Board, including hire of passenger motor ve-
hicles and aircraft; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per
diem rate equivalent to the rate for a GS–18; uniforms,
or allowances therefor, as authorized by law (5 U.S.C.
5901–5902) $46,000,000, of which not to exceed $2,000
may be used for official reception and representation ex-
penses.
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EMERGENCY FUND
For necessary expenses of the National Transpor-
tation Safety Board for accident investigations, including
hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for
a GS–18; uniforms, or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902), $1,000,000, to remain
available until expended.
TITLE III
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
SEC. 301. During the current fiscal year applicable
appropriations to the Department of Transportation shall
be available for maintenance and operation of aircraft;
hire of passenger motor vehicles and aircraft; purchase of
liability insurance for motor vehicles operating in foreign
countries on official department business; and uniforms,
or allowances therefor, as authorized by law (5 U.S.C.
5901–5902).
SEC. 302. Such sums as may be necessary for fiscal
year 1998 pay raises for programs funded in this Act shall
be absorbed within the levels appropriated in this Act or
previous appropriations Acts.
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SEC. 303. Funds appropriated under this Act for ex-
penditures by the Federal Aviation Administration shall
be available (1) except as otherwise authorized by title
VIII of the Elementary and Secondary Education Act of
1965, 20 U.S.C. 7701, et seq., for expenses of primary
and secondary schooling for dependents of Federal Avia-
tion Administration personnel stationed outside the con-
tinental United States at costs for any given area not in
excess of those of the Department of Defense for the same
area, when it is determined by the Secretary that the
schools, if any, available in the locality are unable to pro-
vide adequately for the education of such dependents, and
(2) for transportation of said dependents between schools
serving the area that they attend and their places of resi-
dence when the Secretary, under such regulations as may
be prescribed, determines that such schools are not acces-
sible by public means of transportation on a regular basis.
SEC. 304. Appropriations contained in this Act for
the Department of Transportation shall be available for
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to
the rate for an Executive Level IV.
SEC. 305. None of the funds in this Act shall be avail-
able for salaries and expenses of more than one hundred
seven political and Presidential appointees in the Depart-
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ment of Transportation: Provided, That none of the per-
sonnel covered by this provision may be assigned on tem-
porary detail outside the Department of Transportation.
SEC. 306. None of the funds in this Act shall be used
for the planning or execution of any program to pay the
expenses of, or otherwise compensate, non-Federal parties
intervening in regulatory or adjudicatory proceedings
funded in this Act.
SEC. 307. None of the funds appropriated in this Act
shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other appropria-
tions, unless expressly so provided herein.
SEC. 308. The Secretary of Transportation may enter
into grants, cooperative agreements, and other trans-
actions with any person, agency, or instrumentality of the
United States, any unit of State or local government, any
educational institution, and any other entity in execution
of the Technology Reinvestment Project authorized under
the Defense Conversion, Reinvestment and Transition As-
sistance Act of 1992 and related legislation: Provided,
That the authority provided in this section may be exer-
cised without regard to section 3324 of title 31, United
States Code.
SEC. 309. The expenditure of any appropriation
under this Act for any consulting service through procure-
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ment contract pursuant to section 3109 of title 5, United
States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available
for public inspection, except where otherwise provided
under existing law, or under existing Executive Order is-
sued pursuant to existing law.
SEC. 310. (a) For fiscal year 1998 the Secretary of
Transportation shall distribute the obligation limitation
for Federal-aid highways by allocation in the ratio which
sums authorized to be appropriated for Federal-aid high-
ways that are apportioned or allocated to each State for
such fiscal year bear to the total of the sums authorized
to be appropriated for Federal-aid highways that are ap-
portioned or allocated to all the States for such fiscal year.
(b) During the period October 1 through December
31, 1997, no State shall obligate more than 25 per centum
of the amount distributed to such State under subsection
(a), and the total of all State obligations during such pe-
riod shall not exceed 12 per centum of the total amount
distributed to all States under such subsection.
(c) Notwithstanding subsections (a) and (b), the Sec-
retary shall—
(1) provide all States with authority sufficient
to prevent lapses of sums authorized to be appro-
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priated for Federal-aid highways that have been ap-
portioned to a State;
(2) after August 1, 1998, revise a distribution
of the funds made available under subsection (a) if
a State will not obligate the amount distributed dur-
ing that fiscal year and redistribute sufficient
amounts to those States able to obligate amounts in
addition to those previously distributed during that
fiscal year giving priority to those States having
large unobligated balances of funds apportioned
under sections 103(e)(4), 104, and 144 of title 23,
United States Code, and under sections 1013(c) and
1015 of Public Law 102–240; and
(3) not distribute amounts authorized for ad-
ministrative expenses and funded from the adminis-
trative takedown authorized by section 104(a) of
title 23, United States Code, the Federal lands high-
way program, the intelligent transportation systems
program, and amounts made available under sec-
tions 1040, 1047, 1064, 6001, 6005, 6006, 6023,
and 6024 of Public Law 102–240, and 49 U.S.C.
5316, 5317, and 5338: Provided, That amounts
made available under section 6005 of Public Law
102–240 shall be subject to the obligation limitation
for Federal-aid highways and highway safety con-
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struction programs under the head ‘‘Federal-Aid
Highways’’ in this Act.
(d) During the period October 1 through December
31, 1997, the aggregate amount of obligations under sec-
tion 157 of title 23, United States Code, for projects cov-
ered under section 147 of the Surface Transportation As-
sistance Act of 1978, section 9 of the Federal-Aid High-
way Act of 1981, sections 131(b), 131(j), and 404 of Pub-
lic Law 97–424, sections 1061, 1103 through 1108, 4008,
and 6023(b)(8) and 6023(b)(10) of Public Law 102–240,
and for projects authorized by Public Law 99–500 and
Public Law 100–17, shall not exceed $277,431,840.
(e) During the period August 2 through September
30, 1998, the aggregate amount which may be obligated
by all States shall not exceed 2.5 percent of the aggregate
amount of funds apportioned or allocated to all States—
(1) under sections 104 and 144 of title 23,
United States Code, and 1013(c) and 1015 of Public
Law 102–240, and
(2) for highway assistance projects under sec-
tion 103(e)(4) of title 23, United States Code, which
would not be obligated in fiscal year 1998 if the
total amount of the obligation limitation provided for
such fiscal year in this Act were utilized.
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(f) Paragraph (e) shall not apply to any State which
on or after August 1, 1998, has the amount distributed
to such State under paragraph (a) for fiscal year 1998
reduced under paragraph (c)(2).
SEC. 311. The limitation on obligations for the pro-
grams of the Federal Transit Administration shall not
apply to any authority under 49 U.S.C. 5338, previously
made available for obligation, or to any other authority
previously made available for obligation under the discre-
tionary grants program.
SEC. 312. None of the funds in this Act shall be used
to implement section 404 of title 23, United States Code.
SEC. 313. None of the funds in this Act shall be avail-
able to plan, finalize, or implement regulations that would
establish a vessel traffic safety fairway less than five miles
wide between the Santa Barbara Traffic Separation
Scheme and the San Francisco Traffic Separation
Scheme.
SEC. 314. Notwithstanding any other provision of
law, airports may transfer, without consideration, to the
Federal Aviation Administration (FAA) instrument land-
ing systems (along with associated approach lighting
equipment and runway visual range equipment) which
conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal airport-
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aid program, airport development aid program or airport
improvement program grant. The FAA shall accept such
equipment, which shall thereafter be operated and main-
tained by the FAA in accordance with agency criteria.
SEC. 315. None of the funds in this Act shall be avail-
able to award a multiyear contract for production end
items that (1) includes economic order quantity or long
lead time material procurement in excess of $10,000,000
in any one year of the contract or (2) includes a cancella-
tion charge greater than $10,000,000 which at the time
of obligation has not been appropriated to the limits of
the Government’s liability or (3) includes a requirement
that permits performance under the contract during the
second and subsequent years of the contract without con-
ditioning such performance upon the appropriation of
funds: Provided, That this limitation does not apply to a
contract in which the Federal Government incurs no fi-
nancial liability from not buying additional systems, sub-
systems, or components beyond the basic contract require-
ments.
SEC. 316. Notwithstanding any other provision of
law, and except for fixed guideway modernization projects,
funds made available by this Act under ‘‘Federal Transit
Administration, Discretionary grants’’ for projects speci-
fied in this Act or identified in reports accompanying this
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Act not obligated by September 30, 2000, shall be made
available for other projects under 49 U.S.C. 5309.
SEC. 317. Notwithstanding any other provision of
law, any funds appropriated before October 1, 1993, under
any section of chapter 53 of title 49, United States Code,
that remain available for expenditure may be transferred
to and administered under the most recent appropriation
heading for any such section.
SEC. 318. None of the funds in this Act may be used
to compensate in excess of 350 technical staff years under
the federally-funded research and development center con-
tract between the Federal Aviation Administration and the
Center for Advanced Aviation Systems Development dur-
ing fiscal year 1998.
SEC. 319. Funds provided in this Act for the Trans-
portation Administrative Service Center (TASC) shall be
reduced by $25,000,000, which limits fiscal year 1998
TASC obligational authority for elements of the Depart-
ment of Transportation funded in this Act to no more
than $96,800,000: Provided, That such reductions from
the budget request shall be allocated by the Department
of Transportation to each appropriations account in pro-
portion to the amount included in each account for the
Transportation Administrative Service Center.
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SEC. 320. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Fed-
eral Railroad Administration from States, counties, mu-
nicipalities, other public authorities, and private sources
for expenses incurred for training may be credited respec-
tively to the Federal Highway Administration’s ‘‘Limita-
tion on General Operating Expenses’’ account, the Federal
Transit Administration’s ‘‘Transit Planning and Re-
search’’ account, and to the Federal Railroad Administra-
tion’s ‘‘Railroad Safety’’ account, except for State rail
safety inspectors participating in training pursuant to 49
U.S.C. 20105.
SEC. 321. None of the funds in this Act shall be avail-
able to prepare, propose, or promulgate any regulations
pursuant to title V of the Motor Vehicle Information and
Cost Savings Act (49 U.S.C. 32901, et seq.) prescribing
corporate average fuel economy standards for automobiles,
as defined in such title, in any model year that differs
from standards promulgated for such automobiles prior to
enactment of this section.
SEC. 322. None of the funds in this Act may be used
for planning, engineering, design, or construction of a
sixth runway at the Denver International Airport, Denver,
Colorado: Provided, That this provision shall not apply in
any case where the Administrator of the Federal Aviation
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Administration determines, in writing, that safety condi-
tions warrant obligation of such funds: Provided further,
That funds may be used for activities related to planning
or analysis of airport noise issues related to the sixth run-
way project.
SEC. 323. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the
sale of data products, for necessary expenses incurred pur-
suant to the provisions of section 6006 of the Intermodal
Surface Transportation Efficiency Act of 1991, may be
credited to the Federal-aid highways account for the pur-
pose of reimbursing the Bureau for such expenses: Pro-
vided, That such funds shall not be subject to the obliga-
tion limitation for Federal-aid highways and highway safe-
ty construction.
SEC. 324. None of the funds in this Act may be obli-
gated or expended for employee training which: (a) does
not meet identified needs for knowledge, skills and abilities
bearing directly upon the performance of official duties;
(b) contains elements likely to induce high levels of emo-
tional response or psychological stress in some partici-
pants; (c) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluations; (d) contains any meth-
ods or content associated with religious or quasi-religious
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belief systems or ‘‘new age’’ belief systems as defined in
Equal Employment Opportunity Commission Notice N–
915.022, dated September 2, 1988; (e) is offensive to, or
designed to change, participants’ personal values or life-
style outside the workplace; or (f) includes content related
to human immunodeficiency virus/acquired immune defi-
ciency syndrome (HIV/AIDS) other than that necessary
to make employees more aware of the medical ramifica-
tions of HIV/AIDS and the workplace rights of HIV-posi-
tive employees.
SEC. 325. None of the funds in this Act shall, in the
absence of express authorization by Congress, be used di-
rectly or indirectly to pay for any personal service, adver-
tisement, telegram, telephone, letter, printed or written
matter, or other device, intended or designed to influence
in any manner a Member of Congress, to favor or oppose,
by vote or otherwise, any legislation or appropriation by
Congress, whether before or after the introduction of any
bill or resolution proposing such legislation or appropria-
tion: Provided, That this shall not prevent officers or em-
ployees of the Department of Transportation or related
agencies funded in this Act from communicating to Mem-
bers of Congress on the request of any Member or to Con-
gress, through the proper official channels, requests for
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legislation or appropriations which they deem necessary
for the efficient conduct of the public business.
SEC. 326. None of the funds in this Act may be used
to support Federal Transit Administration’s field oper-
ations and oversight of the Washington Metropolitan Area
Transit Authority in any location other than from the
Washington, D.C. metropolitan area.
SEC. 327. Notwithstanding any other provision of
law, the Secretary may use funds appropriated under this
Act, or any subsequent Act, to administer and implement
the exemption provisions of 49 CFR 580.6 and to adopt
or amend exemptions from the disclosure requirements of
49 CFR part 580 for any class or category of vehicles
that the Secretary deems appropriate.
SEC. 328. No funds other than those appropriated
to the Surface Transportation Board shall be used for con-
ducting the activities of the Board.
SEC. 329. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with the Buy
American Act (41 U.S.C. 10a–10c).
(b) SENSE
OF CONGRESS: REQUIREMENT REGARDING
NOTICE.—
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(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending the assistance, purchase only American-
made equipment and products to the greatest extent
practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each Federal agen-
cy shall provide to each recipient of the assistance
a notice describing the statement made in paragraph
(1) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
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gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 330. Notwithstanding any other provision of
law, receipts, in amounts determined by the Secretary, col-
lected from users of fitness centers operated by or for the
Department of Transportation shall be available to sup-
port the operation and maintenance of those facilities.
SEC. 331. Notwithstanding 49 U.S.C. 41742, no es-
sential air service shall be provided to communities in the
forty-eight contiguous States that are located fewer than
seventy highway miles from the nearest large and medium
hub airport, or that require a rate of subsidy per pas-
senger in excess of $200 unless such point is greater than
two hundred and ten miles from the nearest large or me-
dium hub airport.
SEC. 332. None of the funds made available in this
Act may be used for improvements to the Miller Highway
in New York City, New York.
SEC. 333. None of the funds in this Act shall be avail-
able to implement or enforce regulations that would result
in the withdrawal of a slot from an air carrier at O’Hare
International Airport under section 93.223 of title 14 of
the Code of Federal Regulations in excess of the total slots
withdrawn from that air carrier as of October 31, 1993
if such additional slot is to be allocated to an air carrier
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or foreign air carrier under section 93.217 of title 14 of
the Code of Federal Regulations.
TITLE IV
AMTRAK ROUTE CLOSURE AND REALIGNMENT
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Amtrak Route Closure
and Realignment Act of 1997’’.
SEC. 2. THE COMMISSION.
(a) ESTABLISHMENT.—There is established an inde-
pendent commission to be known as the ‘‘Total Realign-
ment of Amtrak Commission’’ (in this Act referred to as
the ‘‘Commission’’).
(b) APPOINTMENT.—The Commission shall be com-
posed of eleven members as follows:
(1) Three individuals appointed by the Presi-
dent, including—
(A) the Secretary of Transportation;
(B) one representative of a rail labor
union; and
(C) one representative of a rail manage-
ment.
(2) Four individuals who collectively have ex-
pertise in rail finance, economic analysis, legal is-
sues, and other relevant areas, of which three shall
be appointed by the Majority Leader of the Senate
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and one shall be appointed by the Minority Leader
of the Senate.
(3) Four individuals who collectively have ex-
pertise in rail finance, economic analysis, legal is-
sues, and other relevant areas, of which three shall
be appointed by the Speaker of the House of Rep-
resentatives and one shall be appointed by the Mi-
nority Leader of the House of Representatives.
Appointments under this subsection shall be made within
15 days after the date of the enactment of this Act. Indi-
viduals appointed under paragraphs (2) and (3) shall not
be employees of the Department of Transportation or rep-
resentatives of a rail labor union or rail management.
(c) CHAIRMAN.—Within 10 days after the 15-day pe-
riod described in subsection (b), or the appointment of the
last member of the Commission under such subsection,
whichever occurs first, a majority of the members of the
Commission may elect a chairman from among its mem-
bership. If a chairman is not elected within such 10-day
period, the President shall select a chairman for the Com-
mission from among its membership.
(d) MEETINGS.—(1) Each meeting of the Commis-
sion shall be open to the public.
(2) All the proceedings, information, and delibera-
tions of the Commission shall be open or available, upon
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(f) DIRECTOR OF STAFF.—The Commission shall ap-
point a Director, who shall be paid at the rate of basic
pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(g) STAFF.—(1) Subject to paragraph (2), the Direc-
tor, with the approval of the Commission, may appoint
and fix the pay of not more than 5 additional employees.
(2) The Director may make such appointments with-
out regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and
any personnel so appointed may be paid without regard
to the provisions of chapter 51 and subchapter III of chap-
ter 53 of that title relating to classification and General
Schedule pay rates, except that an individual so appointed
may not receive pay in excess of the annual rate of basic
pay payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(h) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Commission considers appropriate.
The Commission may administer oaths or affirmations to
witnesses appearing before it.
(i) INFORMATION.—The Commission may secure di-
rectly from any department or agency of the United States
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information necessary to enable it to carry out this Act.
Upon request of the Chairman of the Commission, the
head of that department or agency shall furnish that infor-
mation to the Commission to the extent otherwise per-
mitted by law.
(j) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(k) ADMINISTRATIVE SUPPORT SERVICES.—The Ad-
ministrator of General Services shall provide to the Com-
mission, on a reimbursable basis, such administrative sup-
port services as the Commission may request.
(l) EXPERTS OR CONSULTANTS.—The Commission
may procure by contract, to the extent funds are available,
the temporary or intermittent services of experts or con-
sultants pursuant to section 3109 of title 5, United States
Code.
(m) TERMINATION.—The Commission shall termi-
nate 30 days after transmitting a report under section
3(e).
SEC. 3. DUTIES.
(a) ECONOMIC
PERFORMANCE
RANKINGS.—The
Commission shall examine economic data for Amtrak’s
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system and develop system-wide performance rankings of
all routes based on long-term economic loss.
(b) IDENTIFICATION OF CANDIDATE ROUTES FOR
CLOSURE OR REALIGNMENT.—(1) The Commission shall
identify routes which are candidates for closure or realign-
ment, based on the performance rankings developed under
subsection (a) and on the following principles:
(A) The system which remains after closure and
realignment of routes shall not be required to be a
national, interconnected system.
(B) Federal operating subsidies for Amtrak
shall be assumed to decline over the 4-year period to
the point of zero Federal operating subsidy by the
year 2002.
(C) The rail labor protection costs of Amtrak
shall be calculated both—
(i) at the level required under rail labor
laws as in effect when the Commission is identi-
fying routes under this subsection; and
(ii) at the level which would be required if
amendments to rail labor laws were enacted
that—
(I) limit to a maximum of 6 months
any wage continuation or severance benefit
for an employee of Amtrak whose employ-
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ment is terminated as a result of a dis-
continuance of intercity rail passenger
service; and
(II) permit Amtrak to require any em-
ployee whose position is eliminated as a re-
sult of such a discontinuance to transfer to
another part of Amtrak’s system.
(2) The Commission shall specifically examine rider-
ship forecasts and other assumptions supporting contin-
ued service on the Northeast Corridor, particularly with
respect to the continuation of the electrification of the
Northeast Corridor between New Haven, Connecticut, and
Boston, Massachusetts.
(c) CONSIDERATION
OF QUALITY
OF LIFE FAC-
TORS.—(1) Each route identified under subsection (b) as
a candidate for closure or realignment shall be reviewed
to determine whether there are important social, environ-
mental, or other quality of life factors which should be
considered in determining whether to close or realign the
route. The commission shall also consider the effect on
airport congestion and the availability of alternative modes
of transportation, especially in rural areas, before rec-
ommending any closure or realignment.
(2) The Commission shall hold public hearings to ob-
tain testimony from State and local officials, and other
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interested parties, with respect to factors described in
paragraph (1).
(d) 
OPTIONAL
USES
FOR
ABANDONED
RAIL
LINES.—The Commission shall also examine optional uses
for abandoned rail lines.
(e) RECOMMENDATIONS.—The Commission shall,
within 120 days after the election or selection of its chair-
man under section 2(c), transmit to the Congress and the
President a report on its activities under this Act, includ-
ing recommendations developed under this section for the
closure and realignment of routes in Amtrak’s passenger
rail system.
SEC. 4. CONGRESSIONAL CONSIDERATION OF COMMISSION
RECOMMENDATIONS.
(a) TERMS OF THE RESOLUTION.—For purposes of
this section, the term ‘‘joint resolution’’ means only a joint
resolution which is introduced within the 10-day period
beginning on the date on which the Commission transmits
its recommendations to the Congress under section 3(e),
and—
(1) which does not have a preamble;
(2) the matter after the resolving clause of
which is as follows: ‘‘That Congress approves the
recommendations of the Total Realignment of Am-
trak Commission as submitted on lll’’, the
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blank space being filled in with the appropriate date;
and
(3) the title of which is as follows: ‘‘Joint reso-
lution approving the recommendations of the Total
Realignment of Amtrak Commission.’’.
(b) REFERRAL.—A resolution described in subsection
(a) that is introduced in the House of Representatives
shall be referred to the Committee on Transportation and
Infrastructure of the House of Representatives. A resolu-
tion described in subsection (a) introduced in the Senate
shall be referred to the Committee on Commerce, Science,
and Transportation of the Senate.
(c) DISCHARGE.—If the committee to which a resolu-
tion described in subsection (a) is referred has not re-
ported such resolution (or an identical resolution) by the
end of the 20-day period beginning on the date on which
the Commission transmits the report to the Congress
under section 3(e), such committee shall be, at the end
of such period, discharged from further consideration of
such resolution, and such resolution shall be placed on the
appropriate calendar of the House involved.
(d) CONSIDERATION.—(1) On or after the third day
after the date on which the committee to which such a
resolution is referred has reported, or has been discharged
(under subsection (c)) from further consideration of, such
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a resolution, it is in order (even though a previous motion
to the same effect has been disagreed to) for any Member
of the respective House to move to proceed to the consider-
ation of the resolution. A Member may make the motion
only on the day after the calendar day on which the Mem-
ber announces to the House concerned the Member’s in-
tention to make the motion. All points of order against
the resolution (and against consideration of the resolution)
are waived. The motion is highly privileged in the House
of Representatives and is privileged in the Senate and is
not debatable. The motion is not subject to amendment,
or to a motion to postpone, or to a motion to proceed to
the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order. If a motion to proceed to the
consideration of the resolution is agreed to, the respective
House shall immediately proceed to consideration of the
joint resolution without intervening motion, order, or other
business, and the resolution shall remain the unfinished
business of the respective House until disposed of.
(2) Debate on the resolution, and on all debatable
motions and appeals in connection therewith, shall be lim-
ited to not more than 2 hours, which shall be divided
equally between those favoring and those opposing the res-
olution. An amendment to the resolution is not in order.
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A motion further to limit debate is in order and not debat-
able. A motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit
the resolution is not in order. A motion to reconsider the
vote by which the resolution is agreed to or disagreed to
is not in order.
(3) Immediately following the conclusion of the de-
bate on a resolution described in subsection (a) and a sin-
gle quorum call at the conclusion of the debate if re-
quested in accordance with the rules of the appropriate
House, the vote on final passage of the resolution shall
occur.
(4) Appeals from the decisions of the Chair relating
to the application of the rules of the Senate or the House
of Representatives, as the case may be, to the procedure
relating to a resolution described in subsection (a) shall
be decided without debate.
(e) CONSIDERATION BY OTHER HOUSE.—(1) If, be-
fore the passage by one House of a resolution of that
House described in subsection (a), that House receives
from the other House a resolution described in subsection
(a), then the following procedures shall apply:
(A) The resolution of the other House shall not
be referred to a committee and may not be consid-
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ered in the House receiving it except in the case of
final passage as provided in subparagraph (B)(ii).
(B) With respect to a resolution described in
subsection (a) of the House receiving the resolu-
tion—
(i) the procedure in that House shall be
the same as if no resolution had been received
from the other House; but
(ii) the vote on final passage shall be on
the resolution of the other House.
(2) Upon disposition of the resolution received from
the other House, it shall no longer be in order to consider
the resolution that originated in the receiving House.
(f) RULES OF THE SENATE AND HOUSE.—This sec-
tion is enacted by Congress—
(1) as an exercise of the rulemaking power of
the Senate and House of Representatives, respec-
tively, and as such it is deemed a part of the rules
of each House, respectively, but applicable only with
respect to the procedure to be followed in that
House in the case of a resolution described in sub-
section (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional
right of either House to change the rules (so far as
Union Calendar No. 115
105TH CONGRESS
1ST SESSION
H. R. 2169
[Report No. 105–188]
A BILL
Making appropriations for the Department of
Transportation and related agencies for the fiscal
year ending September 30, 1998, and for other
purposes.
JULY 16, 1997
Reported from the Committee on Appropriations; com-
mitted to the Committee of the Whole House on the
State of the Union and ordered to be printed