IIA
104TH CONGRESS
2D SESSION
H. R. 3675
IN THE SENATE OF THE UNITED STATES
JUNE 28, 1996
Received; read twice and referred to the Committee on Appropriations
AN ACT
Making appropriations for the Department of Transportation
and related agencies for the fiscal year ending September
30, 1997, 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
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money in the Treasury not otherwise appropriated, for the
Department of Transportation and related agencies for
the fiscal year ending September 30, 1997, and for other
purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$53,816,000, 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 estab-
lished to support the electronic tariff filing system: Pro-
vided further, That none of the funds appropriated in this
Act or otherwise made available may be used to maintain
custody of airline tariffs that are already available for pub-
lic 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, $3,000,000.
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER
Necessary expenses for operating costs and capital
outlays of the Transportation Administrative Service Cen-
ter, not to exceed $124,812,000, 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
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)
For liquidation of obligations incurred for payments
to air carriers of so much of the compensation fixed and
determined under subchapter II of chapter 417 of title 49,
United States Code, as is payable by the Department of
Transportation, $10,000,000, to remain available until ex-
pended and to be derived from the Airport and Airway
Trust Fund: Provided, That none of the funds in this Act
shall be available for the implementation or execution of
programs in excess of $10,000,000 for the Payments to
Air Carriers program in fiscal year 1997: Provided further,
That none of the funds in this Act shall be used by the
Secretary of Transportation to make payment of com-
pensation under subchapter II of chapter 417 of title 49,
United States Code, in excess of the appropriation in this
Act for liquidation of obligations incurred under the ‘‘Pay-
ments to air carriers’’ program: Provided further, That
none of the funds in this Act shall be used for the payment
of claims for such compensation except in accordance with
this provision: Provided further, That none of the funds
in this Act shall be available for service to communities
in the forty-eight contiguous States that are located fewer
than seventy highway miles from the nearest large or me-
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dium hub airport, or that require a rate of subsidy per
passenger in excess of $200 unless such point is greater
than two hundred and ten miles from the nearest large
or medium hub airport: Provided further, That of funds
provided for ‘‘Small Community Air Service’’ by Public
Law 101–508, $28,600,000 in fiscal year 1997 is hereby
rescinded.
PAYMENTS TO AIR CARRIERS
(RESCISSION)
Of the budgetary resources remaining available under
this heading, $1,133,000 are rescinded.
RENTAL PAYMENTS
For necessary expenses for rental of headquarters
and field space not to exceed 8,580,000 square feet and
for related services assessed by the General Services Ad-
ministration, $127,447,000: Provided, That of this
amount, $2,022,000 shall be derived from the Highway
Trust Fund, $39,113,000 shall be derived from the Air-
port and Airway Trust Fund, $840,000 shall be derived
from the Pipeline Safety Fund, and $193,000 shall be de-
rived from the Harbor Maintenance Trust Fund: Provided
further, That in addition, for assessments by the General
Services Administration related to the space needs of the
Federal Highway Administration, $17,294,000, to be de-
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rived from ‘‘Federal-aid Highways’’, subject to the ‘‘Limi-
tation on General Operating Expenses’’.
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 the Minority Business Re-
source Center outreach activities, $2,900,000, of which
$2,635,000 shall remain available until September 30,
1998: Provided, That notwithstanding 49 U.S.C. 332,
these funds may be used for business opportunities related
to any mode of transportation.
COAST GUARD
OPERATING EXPENSES
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
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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; $2,609,100,000, of
which $25,000,000 shall be derived from the Oil Spill Li-
ability Trust Fund: Provided, That the number of aircraft
on hand at any one time shall not exceed two hundred
and eighteen, 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 ship-
ping commissioners in the United States: Provided further,
That none of the funds provided in this Act shall be avail-
able 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: Pro-
vided further, That the Commandant shall reduce both
military and civilian employment levels for the purpose of
complying with Executive Order No. 12839.
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, $358,000,000, of which $20,000,000 shall be de-
rived from the Oil Spill Liability Trust Fund; of which
$205,600,000 shall be available to acquire, repair, ren-
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ovate or improve vessels, small boats and related equip-
ment, to remain available until September 30, 2001;
$18,300,000 shall be available to acquire new aircraft and
increase aviation capability, to remain available until Sep-
tember 30, 1999; $39,900,000 shall be available for other
equipment, to remain available until September 30, 1999;
$47,950,000 shall be available for shore facilities and aids
to navigation facilities, to remain available until Septem-
ber 30, 1999; and $46,250,000 shall remain available for
personnel compensation and benefits and related costs, to
remain available until September 30, 1998: Provided,
That funds received from the sale of the VC–11A and
HU–25 aircraft shall be credited to this appropriation for
the purpose of acquiring new aircraft and increasing avia-
tion capacity: Provided further, That 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 the property in
Wildwood, New Jersey shall be disposed of in a manner
resulting in a final fiscal year 1997 appropriation esti-
mated at $338,000,000: Provided further, That none of
the funds in this Act may be obligated or expended to con-
tinue the ‘‘Vessel Traffic Service 2000’’ Program.
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ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
(RESCISSIONS)
Of the available balances under this heading provided
in Public Law 104–50, $3,400,000 are rescinded.
Of the available balances under this heading provided
in Public Law 103–331, $355,000 are rescinded.
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) $608,084,000.
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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;
$65,890,000.
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
$5,020,000 shall be derived from the Oil Spill Liability
Trust Fund: Provided, That there may be credited to this
appropriation funds received from State and local govern-
ments, other public authorities, private sources, and for-
eign countries, for expenses incurred for research, develop-
ment, testing, and evaluation.
BOAT SAFETY
(AQUATIC RESOURCES TRUST FUND)
For payment of necessary expenses incurred for rec-
reational boating safety assistance under Public Law 92–
75, as amended, $35,000,000, to be derived from the Boat
Safety Account and to remain available until expended.
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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, $4,900,000,000, of which
$1,642,500,000 shall be derived from the Airport and Air-
way Trust Fund: Provided, That notwithstanding any
other provision of law, not to exceed $30,000,000 from
additional user fees to be established by the Administrator
of the Federal Aviation Administration shall be credited
to this appropriation as offsetting collections and used for
necessary and authorized expenses under this heading:
Provided further, That the sum herein appropriated from
the general fund shall be reduced on a dollar for dollar
basis as such offsetting collections are received during fis-
cal year 1997, to result in a final fiscal year 1997 appro-
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priation from the general fund estimated at not more than
$2,127,398,000: Provided further, That the only addi-
tional user fees authorized as offsetting collections are fees
for services provided to aircraft that neither take off from,
nor land in, the United States: 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
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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-
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, $1,800,000,000, of which
$1,583,000,000 shall remain available until September 30,
1999, and of which $217,000,000 shall remain available
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until September 30, 1997: Provided, That there may be
credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and pri-
vate sources, for expenses incurred in the establishment
and modernization of air navigation facilities.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for,
for research, engineering, and development, as authorized
under part A of subtitle VII of title 49, United States
Code, including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$185,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until September 30,
1999: 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.
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
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subchapter I of chapter 471 and subchapter I of chapter
475 of title 49, United States Code, and under other law
authorizing such obligations, $1,500,000,000, 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 $1,300,000,000 in fiscal year 1997 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 1997.
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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 $510,981,000 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 $214,698,000 of the amount pro-
vided herein shall remain available until September 30,
1999.
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, $2,049,000 to be derived
from the Highway Trust Fund.
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-
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tions for which are in excess of $17,550,000,000 for Fed-
eral-aid highways and highway safety construction pro-
grams for fiscal year 1997.
FEDERAL-AID HIGHWAYS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For carrying out the provisions of title 23, United
States Code, that are attributable to Federal-aid high-
ways, including the National Scenic and Recreational
Highway as authorized by 23 U.S.C. 148, not otherwise
provided, including reimbursements for sums expended
pursuant 
to 
the 
provisions 
of 
U.S.C. 
308,
$19,800,000,000 or so much thereof as may be available
in and derived from the Highway Trust Fund, to remain
available until expended.
RIGHT-OF-WAY REVOLVING FUND
(LIMITATION ON DIRECT LOANS)
(HIGHWAY TRUST FUND)
None of the funds under this head are available for
obligations for right-of-way acquisition during fiscal year
1997.
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MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out
49 U.S.C. 31102, $74,000,000, 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
$77,425,000 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,
$81,895,000, of which $45,646,000 shall remain available
until September 30, 1999: 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-
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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, $50,377,000, of which $27,066,000 shall remain
available until September 30, 1999.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For payment of obligations incurred carrying out the
provisions of 23 U.S.C. 153, 402, 408, and 410, chapter
303 of title 49, United States Code, and section 209 of
Public Law 95–599, as amended, to remain available until
expended, $167,100,000, to be derived from the Highway
Trust Fund: Provided, That, notwithstanding subsection
2009(b) of the Intermodal Surface Transportation Effi-
ciency 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 1997, are in ex-
cess of $167,100,000 for programs authorized under 23
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U.S.C. 402 and 410, as amended, of which $127,700,000
shall be for ‘‘State and community highway safety
grants’’, $2,400,000 shall be for the ‘‘National Driver
Register’’, $11,000,000 shall be for highway safety grants
as authorized by section 1003(a)(7) of Public Law 102–
240, and $26,000,000 shall be for section 410 ‘‘Alcohol-
impaired driving counter-measures programs’’: Provided
further, That none of these funds shall be used for con-
struction, 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
$5,268,000 of the funds made available for section 402
may be available for administering ‘‘State and community
highway safety grants’’: Provided further, That not to ex-
ceed $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 the unobligated balances
of the appropriation ‘‘Highway-Related Safety Grants’’
shall be transferred to and merged with this ‘‘Highway
Traffic Safety Grants’’ appropriation: Provided further,
That not to exceed $500,000 of the funds made available
for section 410 ‘‘Alcohol-impaired driving counter-meas-
ures programs’’ shall be available for technical assistance
to the States.