In the Senate of the United States,
July 30, 1997.
Resolved, That the bill from the House of Representa-
tives (H.R. 2169) entitled ‘‘An Act making appropriations for
the Department of Transportation and related agencies for
the fiscal year ending September 30, 1998, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Department of Transportation and Related Agencies for the
fiscal year ending September 30, 1998, and for other pur-
poses, namely:
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TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$66,703,000, of which not to exceed $40,000 shall be avail-
able as the Secretary may determine for allocation within
the Department for official reception and representation ex-
penses and not to exceed $10,567,000 shall be available for
rental of headquarters space, related services assessed by the
General Services Administration, and for department wide
facility security enhancements: Provided, That notwith-
standing any other provision of law, there may be credited
to this appropriation up to $1,000,000 in funds received
in user fees: Provided further, That none of the funds appro-
priated in this Act or otherwise made available may be used
to maintain 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.
PAYMENTS TO AIR CARRIERS
(RESCISSION OF CONTRACT AUTHORIZATION)
(AIRPORT AND AIRWAY TRUST FUND)
Of the budgetary resources provided for ‘‘Small Com-
munity Air Service’’ by 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year 1998, $38,600,000 are rescinded.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 authorized
by 49 U.S.C. 332: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided fur-
ther, That these funds are available to subsidize gross obli-
gations for the principal amount of direct loans not to ex-
ceed $15,000,000. In addition, for administrative expenses
to carry out the direct loan program, $400,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource
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
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used for business opportunities related to any mode of
transportation.
COAST GUARD
OPERATING EXPENSES
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 re-
placement 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; 
$2,435,400,000, 
of 
which
$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 221, 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 available 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 collected from yacht owners and credited to this
appropriation: Provided further, That the Commandant
shall reduce both military and civilian employment levels
for the purpose of complying with Executive Order No.
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12839: Provided further, That notwithstanding any other
provision of law, none of the funds appropriated by this
Act or any other Act for the Coast Guard shall be used for
protection and maintenance of Governors Island, New York.
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, $412,300,000, of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund; of which
$214,700,000 shall be available to acquire, repair, renovate
or improve vessels, small boats and related equipment, to
remain available until September 30, 2002; $26,400,000
shall be available to acquire new aircraft and increase avia-
tion capability, to remain available until September 30,
2000; $51,200,000 shall be available for other equipment,
to remain available until September 30, 2000; $73,000,000
shall be available for shore facilities and aids to navigation
facilities, to remain available until September 30, 2000;
and $47,000,000 shall be available for personnel compensa-
tion and benefits and related costs, to remain 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
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the Commandant may dispose of surplus real property by
sale or lease and the proceeds of such sale or lease shall
be credited to this appropriation: Provided further, That
not more than $9,000,000 shall be credited as offsetting col-
lections to this account, to be available for the purposes of
this account: Provided further, That the amount herein ap-
propriated from the General Fund shall be reduced by such
amount: 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 ex-
pended, but shall not be available for obligation until Octo-
ber 1, 1998: Provided further, That the Secretary, acting
through the Commandant, may enter into a long-term Use
Agreement with the City of Unalaska for dedicated pier
space on the municipal dock necessary to support Coast
Guard enforcement vessels when such vessels call on the Port
of Dutch Harbor, Alaska.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the Coast Guard’s
environmental compliance and restoration functions under
chapter 19 of title 14, United States Code, $21,000,000, to
remain available until expended.
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ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of ob-
structive bridges, $26,000,000, to remain available until ex-
pended.
RETIRED PAY
For retired pay, including the payment of obligations
therefor otherwise chargeable to lapsed appropriations for
this purpose, and payments under the Retired Serviceman’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); $653,196,000.
RESERVE TRAINING
For all necessary expenses for the Coast Guard Re-
serve, as authorized by law; maintenance and operation of
facilities; 
and 
supplies, 
equipment, 
and 
services;
$65,535,000.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses, not otherwise provided for, for
applied scientific research, development, test, and evalua-
tion; maintenance, rehabilitation, lease and operation of fa-
cilities and equipment, as authorized by law, $20,000,000,
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
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funds received from State and local governments, other pub-
lic authorities, private sources, and foreign countries, for
expenses incurred for research, development, 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 Admin-
istration, not otherwise provided for, including operations
and research activities related to commercial space trans-
portation, administrative expenses for research and develop-
ment, establishment of air navigation facilities and the op-
eration (including leasing) and maintenance of aircraft,
and carrying out the provisions of subchapter I of chapter
471 of title 49, United States Code, or other provisions of
law authorizing the obligation of funds for similar pro-
grams of airport and airway development or improvement,
lease or purchase of passenger motor vehicles for replace-
ment only, in addition to amounts made available by Pub-
lic Law 104–264, $5,325,900,000, of which $1,901,628,000
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shall be derived from the Airport and Airway Trust Fund:
Provided, 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 receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or modifica-
tion of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for proc-
essing 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 further,
That none of the funds in this Act may be obligated or ex-
pended 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 ac-
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tivities of the Associate Administrator for Commercial
Space Transportation: Provided further, That up to $5,000
of funds appropriated under this heading may be used for
activities under the Aircraft Purchase Loan Guarantee Pro-
gram.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, and improvement by contract or
purchase, and hire of air navigation and experimental fa-
cilities and equipment as authorized under part A of sub-
title VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering
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 accom-
modations for officers and employees of the Federal Avia-
tion Administration stationed at remote localities 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, $1,889,004,883, of which $1,669,894,883 shall re-
main 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 appro-
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priation funds received from States, counties, municipali-
ties, other public authorities, and private sources, for ex-
penses 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 acqui-
sition of necessary sites by lease or grant, $214,250,000, 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 appropriation funds re-
ceived from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred for
research, engineering, and development.
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 derived
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from the Airport and Airway Trust Fund and to remain
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 excess of
$1,700,000,000 in fiscal year 1998 for grants-in-aid for air-
port planning and development, and noise compatibility
planning and programs, notwithstanding section 47117(h)
of title 49, United States Code: Provided further, That dis-
cretionary funds available for noise planning and mitiga-
tion shall not exceed $200,000,000 and discretionary funds
available for the military airport program shall not exceed
$26,000,000.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the unobligated balances authorized under 49
U.S.C. 48103 as amended, $190,000,000 are rescinded.
AVIATION INSURANCE REVOLVING FUND
The Secretary of Transportation is hereby authorized
to make such expenditures and investments, within the lim-
its of funds available pursuant to 49 U.S.C. 44307, and
in accordance with section 104 of the Government Corpora-
tion Control Act, as amended (31 U.S.C. 9104), as may
be necessary in carrying out the program for aviation in-
surance activities under chapter 443 of title 49, United
States Code.
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AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM
Except as specifically provided elsewhere in this Act,
none of the funds in this Act shall be available for activities
under this heading 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 exceed
$558,440,000 shall be paid in accordance with law from
appropriations made available by this Act to the Federal
Highway Administration together with advances and reim-
bursements received by the Federal Highway Administra-
tion: Provided, That $245,687,000 of the amount provided
herein shall remain available until September 30, 2000.
HIGHWAY-RELATED SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out
the provisions of title 23, United States Code, section 402
administered by the Federal Highway Administration, to
remain available until expended, $4,000,000 to be derived
from the Highway Trust Fund.
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APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
For carrying out the provisions of section 1069(y) of
Public Law 102–240, relating to construction of, and im-
provements to, corridors of the Appalachian Development
Highway System, $300,000,000 to remain available until
expended.
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 obligations
for which are in excess of $21,800,000,000 for Federal-aid
highways and highway safety construction programs for fis-
cal 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 highways,
including the National Scenic and Recreational Highway
as authorized by 23 U.S.C. 148, not otherwise provided, in-
cluding reimbursements for sums expended pursuant to the
provisions of 23 U.S.C. 308, $20,850,000,000 or so much
thereof as may be available in and derived from the High-
way Trust Fund, to remain available until expended.
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RIGHT-OF-WAY REVOLVING FUND
(LIMITATION ON DIRECT LOANS)
(HIGHWAY TRUST FUND)
For the cost of direct loans to be repaid with other
than Federal funds, $8,000,000 as authorized by section 108
of title 23, United States Code.
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 High-
way Trust Fund and to remain available until expended:
Provided, That none of the funds in this Act shall be avail-
able for the implementation or execution of programs the
obligations for which are in excess of $84,300,000 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, $74,760,000,
to remain available until September 30, 1999: Provided,
That none of the funds appropriated by this Act may be
obligated or expended to plan, finalize, or implement any
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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
standards (treadwear, traction, and temperature resistance)
already 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,
$71,740,000, to remain available until September 30, 1999.
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 chapter
303 of title 49, United States Code, to remain available
until expended, $186,000,000, to be derived from the High-
way Trust Fund: Provided, That, notwithstanding sub-
section 2009(b) of the Intermodal Surface Transportation
Efficiency Act of 1991, none of the funds in this Act shall
be available for the planning or execution of programs the
total obligations for which, in fiscal year 1998, are in excess
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of $187,000,000 for programs authorized under 23 U.S.C.
402, 410, and chapter 303 of title 49, U.S.C., of which
$150,700,000 shall be for ‘‘State and community highway
safety grants’’, $2,300,000 shall be for the ‘‘National Driver
Register’’, and $34,000,000 shall be for section 410 ‘‘Alco-
hol-impaired driving counter-measures programs’’: Pro-
vided 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 build-
ings or structures: Provided further, That not to exceed
$4,948,000 of the funds made available for section 402 may
be available for administering ‘‘State and community high-
way 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-impaired driving
counter-measures programs’’ shall be available for technical
assistance to the States.
FEDERAL RAILROAD ADMINISTRATION
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Federal Railroad Admin-
istration, not otherwise provided for, $19,800,000, of which
$1,339,000 shall remain available until expended: Provided,
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That none of the funds in this Act shall be available for
the planning or execution of a program making commit-
ments to guarantee new loans under the Emergency 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 Wash-
ington 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 suc-
cessor is obligated to make payments on such deed of trust
on the Secretary’s behalf, including payments on and after
September 30, 1988, the Secretary is authorized to receive
such payments directly from the Union Station Redevelop-
ment 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 reimbursed from payments received
from the Union Station Redevelopment Corporation.
RAILROAD SAFETY
For necessary expenses in connection with railroad
safety, not otherwise provided for, $57,067,000, of which
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$5,400,000 shall remain available until expended: Provided,
That notwithstanding any other provision of law, funds ap-
propriated under this heading are available for the reim-
bursement of out-of-state travel and per diem costs incurred
by employees of State governments directly supporting the
Federal railroad safety program, including regulatory de-
velopment and compliance-related activities.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and devel-
opment, $24,906,000, to remain available until expended.
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 amended
(45 U.S.C. 851 et seq.) and 49 U.S.C. 24909, $273,450,000,
to remain available until September 30, 1999, of which
$23,450,000 shall be for the Pennsylvania Station Redevel-
opment Project.
RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM
The Secretary of Transportation is authorized to issue
to the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization 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
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guarantee of the principal amount of obligations under sec-
tions 511 through 513 of such Act, such authority to exist
as long as any such guaranteed obligation is outstanding:
Provided, That no new loan guarantee commitments 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, $26,000,000, 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, environmental
analyses, and track and signal improvements.
ALASKA RAILROAD REHABILITATION
To enable the Secretary of Transportation to make
grants to the Alaska Railroad, $17,000,000 shall be for cap-
ital rehabilitation and improvements benefiting its pas-
senger operations.
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 ac-
commodate 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 ex-
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pended: 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 reimburse
Amtrak and/or the Federal Railroad Administration, on a
dollar-for-dollar basis, up to the first $13,000,000 in dam-
ages resulting from the legal action initiated by the P&W
Railroad under its existing contracts with Amtrak relating
to the provision of vertical clearances between Davisville
and Central Falls in excess of those required 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 au-
thorized by 49 U.S.C. 24104, $344,000,000, to remain
available until expended, to be available for operating losses
and for mandatory passenger rail service payments: Pro-
vided, That none of the funds herein appropriated shall be
used for lease or purchase of passenger motor vehicles or
for the hire of vehicle operators for any officer or employee,
other than the president of the Corporation, excluding the
lease of passenger motor vehicles for those officers or employ-
ees while in official travel status: Provided further, That,
subject to the enactment of the Revenue Reconciliation Act
of 1997, and the adjustment of the discretionary limit as
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provided in section 1653(b)(2)(F) to enable appropriations
to be made from the Intercity Passenger Rail Fund in ac-
cordance with section 9901(c) of the Internal Revenue Code,
$641,000,000, to remain available until expended, to fi-
nance qualified expenses of the National Railroad Passenger
Corporation and each non-Amtrak State, as defined in sec-
tion 9901(d) of such Code: Provided further, That amounts
available for obligation from the Intercity Passenger Rail
Fund shall be withheld until the enactment of a subsequent
appropriations Act releasing such funds for obligation.
FEDERAL TRANSIT ADMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Federal
Transit Administration for carrying out programs author-
ized by chapter 53 of title 49, United States Code,
$41,497,000, together with advances and reimbursements
received by the Federal Transit Administration: 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 exceeds
$15,000,000.
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, $190,000,000: Provided, That no more than
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$2,400,000,000 of budget authority shall be available for
these purposes.
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, $77,250,000,
of which $39,500,000 shall be for activities under Metropoli-
tan 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 Re-
search (49 U.S.C. 5313(b)); $22,000,000 for activities under
National Planning and Research (49 U.S.C. 5314);
$3,000,000 for National Transit Institute (49 U.S.C. 5315):
Provided, That within the funds made available under this
heading, $500,000 may be made available to the Colorado
Department of Transportation to study the metropolitan
planning process and organization in the Denver metropoli-
tan area. The study shall be based on a scope of work agreed
to by Douglas County (on behalf of selected Denver regional
county governments and municipal governments), the Den-
ver Regional Council of Governments, and the Colorado De-
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partment of Transportation. Within 24 months of enact-
ment of this Act, the recommendations of this study will
be transmitted to the Senate and House Committees on Ap-
propriations.
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 the
Federal Transit Administration’s formula grants account.
DISCRETIONARY GRANTS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
None of the funds in this Act shall be available for
the implementation or execution of programs the obligations
for which are in excess of $2,008,000,000 in fiscal year 1998
for grants under the contract authority in 49 U.S.C.
5338(b): Provided, That there shall be available for fixed
guideway modernization, $780,000,000; there shall be avail-
able for the replacement, rehabilitation, and purchase of
buses and related equipment and the construction of bus-
related facilities, $440,000,000; and, notwithstanding any
other provision of law, except for fixed guideway mod-
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ernization projects, $6,345,000 made available under Public
Law 104–205 under ‘‘Federal Transit Administration, Dis-
cretionary Grants’’, for the Alaska-Hollis to Ketchikan ferry
project shall be made available for new fixed guideway sys-
tems together with the $788,000,000 made available for new
fixed guideway systems in this Act, to be available as fol-
lows:
$44,600,000 for the Atlanta-North Springs
project;
$1,000,000 for the Austin Capital metro project;
$34,500,000 for the BART San Francisco Air-
port and San Jose Tasman extension projects;
$46,200,000 for the Boston Piers-MOS–2 project;
$2,000,000 for the Boston urban ring project;
$8,000,000 for the Burlington-Essex, Vermont
commuter rail project;
$800,000 for the Canton-Akron-Cleveland com-
muter rail project;
$3,000,000, for the Charleston monobeam rail
project;
$500,000 for the Cincinnati Northeast/Northern
Kentucky rail line project;
$5,000,000 for the Clark County Nevada RTC
fixed guideway project;
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$14,000,000 for the DART North Central light
rail extension project;
$30,000,000 for the Denver Southwest Corridor
project;
$50,000,000 for the New York East Side access
project;
$12,000,000 for the Florida Tri-County com-
muter rail project;
$4,000,000 for the Galveston rail trolley system
project;
$2,000,000 for the Griffin light rail project;
$51,100,000 for the Houston Regional Bus
project;
$1,500,000 for the Indianapolis northeast cor-
ridor project;
$3,000,000 for the Jackson, Mississippi Inter-
modal Corridor;
$4,645,000 for the Little Rock, Arkansas Junc-
tion Bridge project;
$51,000,000 for the Los Angeles MOS–3 project;
$35,000,000 for the MARC Commuter Rail Im-
provements project;
$1,000,000 for the Memphis, Tennessee Regional
Rail Plan;
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$500,000 for the Nassau Hub rail link EIS
project;
$64,000,000 for the New Jersey Urban Core/
Hudson-Bergen LRT project;
$27,000,000 for the New Jersey Urban Core/
Secaucus project;
$4,000,000 for the New Orleans Canal Street
Corridor project;
$14,000,000 for the North Carolina Research
Triangle Park project;
$6,000,000 for the Northern Indiana commuter
rail project;
$2,000,000 for the Oklahoma City, MAPS cor-
ridor transit system;
$31,800,000 for the Orlando Lynx light rail
project;
$8,000,000 for the Pittsburgh Airport busway
project;
$63,400,000 for the Portland-Westside/Hillsboro
Extension project;
$2,000,000 for the Roaring Fork Valley rail
project;
$20,300,000 for the Sacramento LRT Extension
project;
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$84,000,000 for the Salt Lake City South LRT
project;
$8,000,000 for the Salt Lake City regional com-
muter system project;
$24,000,000 for the Seattle-Tacoma light rail
and commuter rail project;
$500,000 for the Springfield-Branson, MO com-
muter rail project;
$30,000,000 for the St. Louis-St. Clair Extension
project.
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 Ad-
ministration, $2,350,000,000, to be derived from the High-
way Trust Fund and to remain available until expended.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
For necessary expenses to carry out section 14 of Pub-
lic Law 96–184 and Public Law 101–551, $160,000,000,
to remain available until expended.
RESEARCH AND SPECIAL PROGRAMS
ADMINISTRATION
RESEARCH AND SPECIAL PROGRAMS
For expenses necessary to discharge the functions of the
Research 
and 
Special 
Programs 
Administration,
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$28,450,000, 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 ex-
pended, funds received from States, counties, municipali-
ties, other public authorities, and private sources for ex-
penses incurred for training, for reports publication and
dissemination, and for expenses incurred in performance of
hazardous materials exemptions and approvals 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. 60107,
and to discharge the pipeline program responsibilities of
the Oil Pollution Act of 1990, $33,000,000, of which
$3,000,000 shall be derived from the Oil Spill Liability
Trust Fund and shall remain available until September 30,
2000; and of which $30,000,000 shall be derived from the
Pipeline Safety Fund, of which $14,839,000 shall remain
available until September 30, 2000: Provided, That of these
amounts, $1,500,000 shall be available for grants to States
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for the development and establishment of one-call notifica-
tion systems and shall be derived from amounts previously
collected under 49 U.S.C. 60301, and that an additional
$500,000 in amounts previously collected under 49 U.S.C.
60301 is available to conduct general functions of the pipe-
line safety program.
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: Pro-
vided, 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.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector Gen-
eral to carry out the provisions of the Inspector General
Act of 1978, as amended, $38,900,000: Provided, That none
of the funds under this heading shall be for the conduct of
contract audits.
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NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the National Transportation
Safety Board, 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)
$49,700,000, of which not to exceed $2,000 may be used for
official reception and representation expenses.
EMERGENCY FUND
For necessary expenses of the National Transportation
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; uni-
forms, 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
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of passenger motor vehicles and aircraft; purchase of liabil-
ity insurance for motor vehicles operating in foreign coun-
tries on official department business; and uniforms, or al-
lowances 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.
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 second-
ary schooling for dependents of Federal Aviation Adminis-
tration personnel stationed outside the continental 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 provide adequately
for the education of such dependents, and (2) for transpor-
tation of said dependents between schools serving the area
that they attend and their places of residence when the Sec-
retary, under such regulations as may be prescribed, deter-
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mines that such schools are not accessible 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-
ment of Transportation: Provided, That none of the person-
nel covered by this provision may be assigned on temporary
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 fund-
ed in this Act.
SEC. 307. None of the funds appropriated in this Act
shall remain available for obligation beyond the current fis-
cal 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 transactions
with any person, agency, or instrumentality of the United
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States, any unit of State or local government, any edu-
cational institution, and any other entity in execution of
the Technology Reinvestment Project authorized under the
Defense Conversion, Reinvestment and Transition Assist-
ance Act of 1992 and related legislation: Provided, That
the authority provided in this section may be exercised
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 procurement
contract pursuant to section 3109 of title 5, United States
Code, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive Order issued 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 highways
that are apportioned or allocated to each State for such fis-
cal year bear to the total of the sums authorized to be appro-
priated for Federal-aid highways that are apportioned or
allocated to all the States for such fiscal year.
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(b) Notwithstanding subsection (a), the Secretary
shall—
(1) provide all States with authority sufficient to
prevent lapses of sums authorized to be appropriated
for Federal-aid highways that have been apportioned
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 during
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 unobli-
gated 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 admin-
istrative expenses and funded from the administrative
takedown authorized by section 104(a) of title 23,
United States Code, the Federal lands highway pro-
gram, the intelligent transportation systems program,
and amounts made available under sections 1040,
1047, 1064, 6001, 6005, 6006, 6023, and 6024 of
Public Law 102–240, and 49 U.S.C. 5316, 5317, and
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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 construction programs under the
head ‘‘Federal-Aid Highways’’ in this Act.
(c) 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, Unit-
ed States Code, and 1013(c) and 1015 of Public Law
102–240, and
(2) for highway assistance projects under section
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.
(d) Paragraph (c) 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 limitations 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 pre-
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viously 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 landing sys-
tems (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-aid program,
airport development aid program or airport improvement
program grant. The FAA shall accept such equipment,
which shall thereafter be operated and maintained 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 cancellation
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charge greater than $10,000,000 which at the time of obliga-
tion has not been appropriated to the limits of the Govern-
ment’s liability or (3) includes a requirement that permits
performance under the contract during the second and sub-
sequent years of the contract without conditioning such per-
formance upon the appropriation of funds: Provided, That
this limitation does not apply to a contract in which the
Federal Government incurs no financial liability from not
buying additional systems, subsystems, or components be-
yond the basic contract requirements.
SEC. 316. For the purposes of funds made available
under the heading, Formula Grants, the term ‘‘Capital
Project’’ includes a project for—
(A)(i) acquisition, construction, supervision, or
inspection of a facility or equipment, including in-
spection thereof, for use in mass transportation; and
(ii) expenses incidental to the acquisition or con-
struction (including designing, engineering, location
survey, mapping, acquiring rights of way, associated
pre-revenue startup costs, and environmental mitiga-
tion), payments for rail trackage rights, Intelligent
Transportation Systems, relocation assistance, acquir-
ing replacement housing sites, and acquiring, con-
structing, relocating, and rehabilitating replacement
housing;
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(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance; and
(F) financing the operating costs of equipment
and facilities used in mass transportation in urban-
ized areas with a population of less than 200,000.
SEC. 317. Notwithstanding any other provision of law,
and except for fixed guideway modernization projects, funds
made available by this Act under ‘‘Federal Transit Admin-
istration, Discretionary grants’’ for projects specified in
this Act or identified in reports accompanying this Act not
obligated by September 30, 2000, shall be made available
for other projects under 49 U.S.C. 5309.
SEC. 318. 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. 319. Funds received by the Federal Highway Ad-
ministration, Federal Transit Administration, and Federal
Railroad Administration from States, counties, municipali-
ties, other public authorities, and private sources for ex-
penses incurred for training may be credited respectively
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to the Federal Highway Administration’s ‘‘Limitation on
General Operating Expenses’’ account, the Federal Transit
Administration’s ‘‘Transit Planning and Research’’ ac-
count, and to the Federal Railroad Administration’s ‘‘Rail-
road Safety’’ account, except for State rail safety inspectors
participating in training pursuant to 49 U.S.C. 20105.
SEC. 320. 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 49 U.S.C. 111 may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bu-
reau for such expenses: Provided, That such funds shall not
be subject to the obligation limitation for Federal-aid high-
ways and highway safety construction.
SEC. 321. The Secretary of Transportation is author-
ized to transfer funds appropriated in this Act to make
rental payments to the General Services Administration in
excess of the amounts provided in this Act: Provided, That
prior to any such transfer, notification shall be provided
to the House and Senate Committees on Appropriations.
SEC. 322. 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 mat-
ter, or other device, intended or designed to influence in
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any manner a Member of Congress, to favor or oppose, by
vote or otherwise, any legislation or appropriation by Con-
gress, whether before or after the introduction of any bill
or resolution proposing such legislation or appropriation:
Provided, That this shall not prevent officers or employees
of the Department of Transportation or related agencies
funded in this Act from communicating to Members of Con-
gress on the request of any Member or to Congress, through
the proper official channels, requests for legislation or ap-
propriations which they deem necessary for the efficient
conduct of the public business.
SEC. 323. Not to exceed $1,000,000 of the funds pro-
vided in this Act for the Department of Transportation
shall be available for the necessary expenses of advisory
committees.
SEC. 324. 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. 325. No funds other than those appropriated to
the Surface Transportation Board or fees collected by the
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Board shall be used for conducting the activities of the
Board.
SEC. 326. (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.—
(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 avail-
able in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending
the assistance, purchase only American-made equip-
ment 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 agency
shall provide to each recipient of the assistance a no-
tice describing the statement made in paragraph (1)
by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
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If it has been finally determined by a court or Federal agen-
cy that any person intentionally affixed a label bearing 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 contract or sub-
contract made with funds made available in this Act, pur-
suant to the debarment, suspension, and ineligibility proce-
dures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations.
SEC. 327. Notwithstanding any other provision of law,
receipts, in amounts determined by the Secretary, collected
from users of fitness centers operated by or for the Depart-
ment of Transportation shall be available to support the
operation and maintenance of those facilities.
SEC. 328. Notwithstanding any other provision of law,
of amounts made available under Federal Aviation Admin-
istration ‘‘Operations’’, the FAA shall provide personnel at
Dutch Harbor, Alaska to provide real-time weather and
runway observation and other such functions to help ensure
the safety of aviation operations.
SEC. 329. Notwithstanding any other provision of law,
an amount not to exceed 5 per centum of any discretionary
appropriation (pursuant to the Balanced Budget and
Emergency Deficit Control Act, as amended) which is avail-
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able in this Act for the current fiscal year for the Depart-
ment of Transportation may be transferred between such
appropriations: Provided, That no such appropriation, ex-
cept as otherwise specifically provided, shall be increased
by more than 10 per centum by any such transfers: Pro-
vided further, That any transfer pursuant to this section
shall be treated as a reprogramming of funds.
SEC. 330. In addition to funds provided in this or any
other Act, the Department of Transportation is authorized
to receive and use funds resulting from fees charged to pro-
viders of telecommunications services for using Federal
property for the siting of mobile service antennas: Provided,
That, in fiscal year 1998 and thereafter, all such payments
received by the Department shall be credited to appropriate
accounts contained in this Act for operations, salaries and
other expenses.
SEC. 331. Notwithstanding 49 U.S.C. 41742, no essen-
tial 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 passenger
in excess of $200 unless such point is greater than two hun-
dred and ten miles from the nearest large or medium hub
airport.
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SEC. 332. (a) IN GENERAL.—For purposes of the ex-
ception set forth in section 29(a)(2) of the International Air
Transportation Competition Act of 1979 (Public Law 96–
192; 94 Stat. 35) and subsection (b) of this section, the term
‘‘passenger capacity of 56 passengers or less’’, includes any
aircraft, except aircraft exceeding gross aircraft weight of
300,000 pounds, reconfigured to accommodate 56 or fewer
passengers if the total number of passenger seats installed
on the aircraft does not exceed 56.
(b) CITY
OF
DALLAS
MAY
PROHIBIT
CERTAIN
FLIGHTS USING RECONFIGURED AIRCRAFT.—If the city of
Dallas, Texas, by a majority vote of all city council mem-
bers, as owner of Love Field, approves within 60 days after
the date of enactment of this Act a prohibition on any oper-
ator from reconfiguring an aircraft, originally designed to
contain more than 56 seats, to contain seats for 56 or fewer
passengers in order to meet the passenger capacity require-
ment for the exception provided by section 29(a)(2) of the
International Air Transportation Competition Act of 1979
(Public Law 96–192; 94 Stat. 35), then no such operator
operating such an aircraft may conduct commercial pas-
senger aircraft operations from Love Field, Texas, to a des-
tination in a State that is not contiguous to the State of
Texas. In no event shall the total number of passenger seats
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installed on the aircraft exceed 56. In no event shall this
section affect any other provision of law.
SEC. 333. Rebates, refunds, incentive payments, minor
fees and other funds received by the Department from travel
management centers, charge card programs, the subleasing
of building space, and miscellaneous sources are to be cred-
ited to appropriations of the Department and allocated to
elements of the Department using fair and equitable criteria
and such funds shall be available until December 31 of the
next fiscal year.
SEC. 334. Notwithstanding any other provision of law,
the Department of the Navy is directed to transfer the
USNS EDENTON (ATS–1), currently in Inactive Ship
status, to the United States Coast Guard.
SEC. 335. (a) FINDINGS.—The Congress finds that—
(1) Congress has the authority under article I,
section 8 of the Constitution to regulate the air com-
merce of the United States;
(2) section 47107 of title 49, United States Code,
prohibits the diversion of certain revenue generated by
a public airport as a condition of receiving a project
grant;
(3) a grant recipient that uses airport revenues
for purposes that are not airport related in a manner
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inconsistent with chapter 471 of title 49, United
States Code, illegally diverts airport revenues;
(4) illegal diversion of airport revenues under-
mines the interest of the United States in promoting
a strong national air transportation system;
(5) the policy of the United States that airports
should be as self-sustaining as possible and that reve-
nues generated at airports should not be diverted from
airport purposes was stated by Congress in 1982 and
reaffirmed and strengthened in 1987, 1994, and 1996;
(6) certain airports are constructed on lands
that may have belonged, at one time, to native Ameri-
cans, native Hawaiians, or Alaskan natives;
(7) contrary to the prohibition against diverting
airport revenues from airport purposes under section
47107 of title 49, United States Code, certain pay-
ments from airport revenues may have been made for
the betterment of native Americans, native Hawai-
ians, or Alaskan natives based upon the claims relat-
ed to lands ceded to the United States;
(8) Federal law prohibits diversions of airport
revenues obtained from any source whatsoever to
occur in the future whether related to claims for peri-
ods of time prior to or after the date of enactment of
this Act; and
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(9) because of the special circumstances sur-
rounding such past diversions of airport revenues for
the betterment of native Americans, native Hawai-
ians, or Alaskan natives, it is in the national interest
that amounts from airport revenues previously re-
ceived by any entity for the betterment of native
Americans, native Hawaiians, or Alaskan natives, as
specified in subsection (b) of this section, should not
be subject to repayment.
(b) TERMINATION OF REPAYMENT RESPONSIBILITY.—
Notwithstanding the provisions of 47107 of title 49, United
States Code, or any other provision of law, monies paid
for claims related to ceded lands and diverted from airport
revenues and received prior to April 1, 1996, by any entity
for the betterment of native Americans, native Hawaiians,
or Alaskan natives, shall not be subject to repayment.
(c) PROHIBITION
ON FURTHER DIVERSION.—There
shall be no further payment of airport revenues for claims
related to ceded lands, whether characterized as operating
expenses, rent, or otherwise, and whether related to claims
for periods of time prior to or after the date of enactment
of this Act.
(d) CLARIFICATION.—Nothing in this Act shall be con-
strued to affect any existing statutes of the several States
that define the obligations of such States to native Hawai-
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ians, native Americans, or Alaskan natives in connection
with ceded lands, except to make clear that airport revenues
may not be used to satisfy any such obligations.
SEC. 336. LIMITATION ON FUNDS USED TO ENFORCE
REGULATIONS REGARDING ANIMAL FATS AND VEGETABLE
OILS.—None of the funds made available in this Act may
be used by the Coast Guard to issue, implement, or enforce
a regulation or to establish an interpretation or guideline
under the Edible Oil Regulatory Reform Act (Public Law
104–55) or the amendments made by that Act that does not
recognize and provide for, with respect to fats, oils, and
greases (as described in that Act, or the amendments made
by that Act) differences in—
(1) physical, chemical, biological, and other rel-
evant properties; and
(2) environmental effects.
SEC. 337. Notwithstanding the provisions of any other
law, rule or regulation, the Secretary of Transportation is
authorized to allow the issuer of any preferred stock here-
tofore sold to the Department to redeem or repurchase such
stock upon the payment to the Department of an amount
determined by the Secretary.
SEC. 338. Notwithstanding any provision of current
law, requirement or agreement, for purposes of the redevel-
opment for non-aeronautical use of the Richards-Gebaur
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Memorial Airport located in Kansas City, Missouri, and
Bader Field in Atlantic City, New Jersey, the Federal Avia-
tion Administration may grant the requests of Kansas City
to close Richards-Gebaur and Atlantic City to close Bader
Field as public airports; and may release those cities from
the terms, conditions, reservations, or restrictions in sur-
plus property conveyance/transfer documents and from con-
ditions or assurances contained in FAA grant agreements
or orders applicable to the airports that would otherwise
prevent the closure of those airports and redevelopment of
the facilities to non-aeronautical uses, unless the FAA deter-
mines that the closure would adversely affect safety in air
commerce, and is subject to the FAA and Kansas City and
Atlantic City reaching satisfactory resolution of issues re-
garding the Federal investments in the Richards-Gebaur
Memorial Airport and Bader Field, respectively, and the
treatment of the proceeds related to the disposition of the
airport property.
SEC. 339. Out of the funds made available under this
Act to the New York Metropolitan Transportation Authority
through the Federal Transit Administration, the New York
Metropolitan Transportation Authority shall perform a
study to ascertain the costs and benefits of instituting an
integrated fare system for commuters who use both the
Metro North Railroad or the Long Island Rail Road and
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New York City subway or bus systems. This study shall ex-
amine creative proposals for improving the flow of pas-
sengers between city transit systems and commuter rail sys-
tems, including free transfers, discounts, congestion-pricing
and other positive inducements. The study also must in-
clude estimates of potential benefits to the environment, to
energy conservation and to revenue enhancement through
increased commuter rail and transit ridership, as well as
other tangible benefits. A report describing the results of this
study shall be submitted to the Senate Appropriations Com-
mittee within 45 days of enactment of this Act.
SEC. 340. Subsection (d)(4) of 49 U.S.C. 31112 is
amended by striking ‘‘September 30, 1997’’ and inserting
‘‘February 28, 1998’’.
SEC. 341. Of funds made available under this Act for
discretionary grants for replacement, rehabilitation, and
purchase of buses and related equipment and the construc-
tion of bus-related facilities, up to $20,000,000 may be pro-
vided to the State of Michigan and $12,000,000 to the State
of Illinois.
SEC. 342. PILOT RECORD SHARING. The Adminis-
trator of the Federal Aviation Administration shall—
(1) work with air carriers conducting non-sched-
uled operations under part 135 of the Federal Avia-
tion Administration’s regulations (14 C.F.R. 135.1 et
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seq.) to implement the requirements of section
44936(f) of title 49, United States Code, effectively
and expeditiously; and
(2) implement those requirements with respect to
such air carriers not later than February 1, 1998, or
sooner if, in working with such air carriers, the Ad-
ministrator determines that the provisions of that sec-
tion can be effectively implemented for such air car-
riers.
SEC. 343. EXEMPTION AUTHORITY FOR AIR SERVICE
TO SLOT-CONTROLLED AIRPORTS. Section 41714 of title 49,
United States Code, is amended by adding at the end there-
of the following:
‘‘(i) EXPEDITIOUS CONSIDERATION OF CERTAIN EX-
EMPTION REQUESTS.—Within 120 days after receiving an
application for an exemption under subsection (a)(2) to im-
prove air service between a nonhub airport (as defined in
section 41731(a)(4)) and a high density airport subject to
the exemption authority under subsection (a), the Secretary
shall grant or deny the exemption. The Secretary shall no-
tify the United States Senate Committee on Commerce,
Science, and Transportation and the United States House
of Representatives Committee on Transportation and Infra-
structure of the grant or denial within 14 calendar days
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after the determination and state the reasons for the deter-
mination.’’.
SEC. 344. SENSE OF THE SENATE CONCERNING REAU-
THORIZATION
OF HIGHWAY
AND MASS TRANSIT PRO-
GRAMS. (a) FINDINGS.—The Senate finds that—
(1) on October 1, 1997, authorization for most of
the programs authorized by the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law
102–240), including mass transit programs, will ex-
pire;
(2) States, local governments, and the national
economy depend on Federal investment in the trans-
portation infrastructure of the United States;
(3) it is the duty of Congress to reauthorize the
programs to ensure that the investment continues to
flow and that there is no interruption of critical
transportation services or construction; and
(4) the public and Congress should have a sub-
stantial opportunity to review, comment on, and com-
prehensively debate committee-reported proposals to
reauthorize the programs well in advance of their ex-
piration to ensure that the programs adequately re-
flect the needs of the United States and the contribu-
tions of the States.
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(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that this Act should not be considered to be a substitute
for a comprehensive measure reauthorizing highway and
mass transit spending programs and should not be inter-
preted to authorize or otherwise direct the distribution of
funds to the States under expiring formulas under title 23
or 49, United States Code, in fiscal year 1998.
SEC. 345. (a) As soon as practicable after the date of
enactment of this Act, the Secretary of Transportation, act-
ing for the Department of Transportation, may take receipt
of such equipment and sites of the Ground Wave Emergency
Network (referred to in this section as ‘‘GWEN’’) as the Sec-
retary of Transportation determines to be necessary for the
establishment of a nationwide system to be known as the
‘‘Nationwide Differential Global Positioning System’’ (re-
ferred to in this section as ‘‘NDGPS’’).
(b) As soon as practicable after the date of enactment
of this Act, the Secretary of Transportation may establish
the NDGPS. In establishing the NDGPS, the Secretary of
Transportation may—
(1) if feasible, reuse GWEN equipment and sites
transferred to the Department of Transportation
under subsection (a);
(2) to the maximum extent practicable, use con-
tractor services to install the NDGPS;
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(3) modify the positioning system operated by
the Coast Guard at the time of the establishment of
the NDGPS to integrate the reference stations made
available pursuant to subsection (a);
(4) in cooperation with the Secretary of Com-
merce, ensure that the reference stations referred to in
paragraph (3) are compatible with, and integrated
into, the Continuously Operating Reference Station
(commonly referred to as ‘‘CORS’’) system of the Na-
tional Geodetic Survey of the Department of Com-
merce; and
(5) in cooperation with the Secretary of Com-
merce, investigate the use of the NDGPS reference sta-
tions for the Global Positioning System Integrated
Precipitable Water Vapor System of the National Oce-
anic and Atmospheric Administration.
(c) The Secretary of Transportation may—
(1) manage and operate the NDGPS;
(2) ensure that the service of the NDGPS is pro-
vided without the assessment of any user fee; and
(3) in cooperation with the Secretary of Defense,
ensure that the use of the NDGPS is denied to any
enemy of the United States.
(d) In any case in which the Secretary of Transpor-
tation determines that contracting for the maintenance of
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