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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. 332. Notwithstanding 49 U.S.C. 41742, no essen-
tial air service shall be provided to communities in the 48
contiguous States that are located fewer than 70 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 210 miles from the
nearest large or medium hub airport.
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, 1999.
SEC. 334. LAND CONVEYANCE, COAST GUARD STATION
OCRACOKE, NORTH CAROLINA. (a) AUTHORITY TO CON-
VEY.—The Secretary of Transportation may convey, with-
out consideration, to the State of North Carolina (in this
section referred to as the ‘‘State’’), all right, title, and inter-
est of the United States in and to a parcel of real property,
together with any improvements thereon, in Ocracoke,
North Carolina, consisting of such portion of the Coast
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Guard Station Ocracoke, North Carolina, as the Secretary
considers appropriate for purposes of the conveyance.
(b) CONDITIONS.—The conveyance under subsection
(a) shall be subject to the following conditions:
(1) That the State accept the property to be con-
veyed under that subsection subject to such easements
or rights of way in favor of the United States as the
Secretary considers to be appropriate for—
(A) utilities;
(B) access to and from the property;
(C) the use of the boat launching ramp on
the property; and
(D) the use of pier space on the property by
search and rescue assets.
(2) That the State maintain the property in a
manner so as to preserve the usefulness of the ease-
ments or rights of way referred to in paragraph (1).
(3) That the State utilize the property for trans-
portation, education, environmental, or other public
purposes.
(c) REVERSION.—(1) If the Secretary determines at
any time that the property conveyed under subsection (a)
is not to be used in accordance with subsection (b), all right,
title, and interest in and to the property, including any
improvements thereon, shall revert to the United States, and
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the United States shall have the right of immediate entry
thereon.
(2) Upon reversion under paragraph (1), the property
shall be under the administrative jurisdiction of the Admin-
istrator of General Services.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property conveyed under sub-
section (a), and any easements or rights of way granted
under subsection (b)(1), shall be determined by a survey sat-
isfactory to the Secretary. The cost of the survey shall be
borne by the State.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
with respect to the conveyance under subsection (a), and
any easements or rights of way granted under subsection
(b)(1), as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 335. Notwithstanding any other provisions of
law, funds appropriated in this or any other Act intended
for highway demonstration projects, railroad-highway
crossings demonstration projects or railroad relocation
projects in Augusta, Georgia are available for implementa-
tion of a project consisting of modifications and additions
to streets, railroads, and related improvements in the vicin-
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ity of the grade crossing of the CSX railroad and 15th
Street in Augusta, Georgia.
SEC. 336. Notwithstanding any other provision of law,
no approval from the Secretary (other than review of the
project final design) shall be required to construct addi-
tional entrances and exits between exits 57 and 58 for a
pilot project to demonstrate a streamlined process for
project implementation on Interstate 495 in Suffolk Coun-
ty, New York provided such entrances and exits are de-
signed, constructed or otherwise authorized by the respon-
sible state transportation agency through the appropriate
state environmental process.
SEC. 337. Notwithstanding and other provision of law,
the Secretary of Transportation shall enter into agreements
with the New York State Department of Transportation
that would allow automotive service stations or other com-
mercial establishments for serving motor vehicle users to be
sited and constructed in the vicinity of exit 51 and either
exits 66, 67, or 68 of the Long Island Expressway (Inter-
state 495) in Suffolk County.
SEC. 338. (a) IN GENERAL.—Section 30113 of title 49,
United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘or pas-
senger motor vehicles from a bumper standard
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prescribed under chapter 325 of this title,’’ after
‘‘a motor vehicle safety standard prescribed
under this chapter’’; and
(B) in paragraph (3)(A), by inserting ‘‘or
chapter 325 of this title (as applicable)’’ after
‘‘this chapter’’;
(2) in subsection (c)(1), by inserting ‘‘, or a
bumper standard prescribed under chapter 325 of this
title,’’ after ‘‘motor vehicle safety standard prescribed
under this chapter’’;
(3) in subsection (d), by inserting ‘‘(including
an exemption under subsection (b)(3)(B)(i) relating
to a bumper standard referred to in subsection
(b)(1))’’ after ‘‘subsection (b)(3)(B)(i) of this section’’;
and
(4) in subsection (h), by inserting ‘‘or bumper
standard prescribed under chapter 325 of this title’’
after ‘‘each motor vehicle safety standard prescribed
under this chapter’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 32502(c) of title 49, United States
Code, is amended—
(A) in the matter preceding paragraph (1),
by striking ‘‘any part of a standard’’ and insert-
ing ‘‘all or any part of a standard’’;
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(B) in paragraph (1), by striking ‘‘or’’ at
the end;
(C) in paragraph (2), by striking the period
and inserting ‘‘; or’’; and
(D) by adding at the end the following:
‘‘(3) a passenger motor vehicle for which an ap-
plication for an exemption under section 30013(b) of
this title has been filed in accordance with the re-
quirements of that section.’’.
(2) Section 32506(a) of title 49, United States
Code, is amended by inserting ‘‘and section 32502 of
this title’’ after ‘‘Except as provided in this section’’.
SEC. 339. Of the funds made available under this Act
for capital investment grants, $20,000,000 is provided for
the Norfolk-Virginia Beach Corridor project; $1,500,000 is
provided for the Massachusetts North Shore Corridor
project; $5,000,000 is provided for the San Diego Mission
Valley and Mid-Coast Corridor projects; $3,300,000 is pro-
vided for the Hartford, CT light rail project; $200,000 is
provided for the Southeast Michigan commuter rail viabil-
ity study; $2,000,000 is provided for the major investment
analysis of Honolulu transit alternatives; $2,700,000 is
provided for the Stamford, CT fixed guideway connector;
$3,500,000 is provided for the Providence-Boston commuter
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rail project; and $500,000 is provided for the Old Saybrook-
Hartford rail extension project.
SEC. 340. (a) LIMITATION ON FUNDS USED TO EN-
FORCE REGULATIONS REGARDING ANIMAL FATS AND VEG-
ETABLE OILS.—None of the funds made available by this
Act or subsequent Acts 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 Regu-
latory 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 relevant prop-
erties; and (2) environmental effects.
(B) DEADLINE
FOR PROMULGATION
OF REGULA-
TIONS.—Not later than March 31, 1999, the Secretary of
Transportation shall issue regulations amending 33 C.F.R.
154 to comply with the requirements of Public Law 104–
55.
SEC. 341. AMENDMENT TO SUBSECTION 1110(a) OF
PUBLIC LAW 96–487, 95 STAT. 2464.—Amend Subsection
1110(a) of Public Law 96–487, 95 Stat. 2565 as follows:
strike ‘‘airplanes’’ and insert in lieu thereof ‘‘aircraft’’.
SEC. 342. Notwithstanding any other provision of law,
funds made available under section 1503 of Public Law
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105–178 may be used to support a direct loan of
$85,000,000 to the city of Reno, Nevada for the Reno Trans-
portation Corridor project, including the grade separation
of at-grade rail lines and cross streets with a primarily
below-grade corridor.
SEC. 343. Within the $25,511,000,000 obligation limi-
tation on the federal-aid highway program, funds allocated
or authorized from the highway trust fund, in Public Law
105–178 for Miller Highway in New York City, New York
shall be made available to the State of New York subject
to the State and local planning and environmental review
process.
SEC. 344. Notwithstanding any provision of law, the
Secretary of Transportation is hereby authorized to waive
repayment of any Federal-aid highway funds expended on
the construction of high occupancy vehicle lanes or auxil-
iary lanes on I–287 in the State of New Jersey. Such waiver
shall not be granted by the Secretary until such time as
the Secretary is assured by the State of New Jersey that
removal of the high occupancy vehicle restrictions on I–287
is in the public interest.
SEC. 345. MODIFICATION OF SUBSTITUTE PROJECT IN
WISCONSIN. Section 1211 of the Transportation Equity Act
for the 21st Century is amended by adding at the end the
following:
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‘‘(o) MODIFICATION OF SUBSTITUTE PROJECT IN WIS-
CONSIN.—Section 1045(a) of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (as amended by subsection
(n) of this section) is amended in paragraph (2)—
‘‘(1) by inserting ‘after consultation with appro-
priate local government officials,’ after ‘Wisconsin,’;
and
‘‘(2) by striking ‘shall’ and inserting ‘may’.’’.
SEC. 346. Discretionary grants funds for bus and bus-
related facilities made available under Public Law 105–66
and its accompanying conference report for the Virtual
Transit Enterprise project may be used to fund any aspect
of the Virtual Transit Enterprise integration of informa-
tion project in South Carolina.
SEC. 347. Section 3021 of the Transportation Equity
Act for the 21st Century (Public Law 105–178) is amend-
ed—
(1) in subsection (a), by inserting ‘‘or the State
of Vermont’’ after ‘‘the State of Oklahoma’’; and
(2) in subsection (b)(2)(A), by inserting ‘‘and the
State of Vermont’’ after ‘‘within the State of Okla-
homa’’.
SEC. 348. Item 1132 in section 1602 of the Transpor-
tation Equity Act for the 21st Century (112 Stat. 298), re-
lating to Mississippi, is amended by striking ‘‘Pirate Cove’’
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and inserting ‘‘Pirates’ Cove and 4-lane connector to Mis-
sissippi Highway 468’’.
SEC. 349. JUDICIAL REVIEW
OF CONSTITUTIONAL
CLAIMS. (a) EXPEDITED CONSIDERATION.—It shall be the
duty of a district court of the United States and the Su-
preme Court of the United States to advance on the docket
and to expedite to the maximum extent practicable the dis-
position of any claim challenging the constitutionality of
section 1101(b) of the Transportation Equity Act for the
21st Century (23 U.S.C. 101 note; 112 Stat. 113), whether
on its face or as applied.
(b) APPEAL TO SUPREME COURT.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, any order of a district court of the
United States disposing of a claim described in sub-
section (a) shall be reviewable by appeal directly to
the Supreme Court of the United States.
(2) DEADLINES FOR APPEAL.—
(A) NOTICE
OF
APPEAL.—Any appeal
under paragraph (1) shall be taken by a notice
of appeal filed within 10 calendar days after the
date on which the order of the district court is
entered.
(B) JURISDICTIONAL STATEMENT.—The ju-
risdictional statement shall be filed within 30
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calendar days after the date on which the order
of the district court is entered.
(3) STAYS.—No stay of an order described in
paragraph (1) shall be issued by a single Justice of
the Supreme Court.
(c) APPLICABILITY.—Subsections (a) and (b) shall
apply with respect to any claim filed after June 9, 1998,
but before June 10, 1999.
SEC. 350. The change in definition for Amtrak capital
expenses shall not affect the legal characteristics of capital
and operating expenditures for purposes of Amtrak’s re-
quirement to eliminate the use of appropriated funds for
operating expenses according to Public Law 105–134. No
funds appropriated for Amtrak in this Act shall be used
to pay for any wage, salary, or benefit increases that are
a result of any agreement entered into after October 1, 1997:
Provided, That nothing in this Act shall affect Amtrak’s
legal requirements to maintain its current system of ac-
counting under Generally Accepted Accounting Principles:
Provided further, That no later than 30 days after the end
of each quarter beginning with the first quarter in fiscal
year 1999, Amtrak shall submit to the Amtrak Reform
Council and the Senate Committee on Appropriations, and
the Senate Committee on Commerce, Science, and Trans-
portation, a reporting of specific expenditures for preventa-
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tive maintenance, labor, and other operating expenses from
amounts made available under this Act, and Amtrak’s esti-
mate of the amounts expected to be expended for such ex-
penses for the remainder of the fiscal year.
SEC. 351. Section 3 of the Act of July 17, 1952 (66
Stat. 746, chapter 921), and section 3 of the Act of July
17, 1952 (66 Stat. 571, chapter 922), are each amended
in the proviso—
(1) by striking ‘‘That’’ and all that follows
through ‘‘the collection of’’ and inserting ‘‘That the
commission may collect’’; and
(2) by striking ‘‘, shall cease’’ and all that fol-
lows through the period at the end and inserting a pe-
riod.
SEC. 352. Section 1212(m) of Public Law 105–178 is
amended— (1) in the subsection heading, by inserting ‘‘,
Idaho and West Virginia’’ after ‘‘Minnesota’’; and (2) by
inserting ‘‘or the States of Idaho or West Virginia’’ after
‘‘Minnesota’’.
SEC. 353. PROHIBITIONS
AGAINST
SMOKING
ON
SCHEDULED FLIGHTS. (a) IN GENERAL.—Section 41706 of
title 49, United States Code, is amended to read as follows:
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‘‘§ 41706. Prohibitions against smoking on scheduled
flights
‘‘(a) SMOKING PROHIBITION
IN INTRASTATE
AND
INTERSTATE AIR TRANSPORTATION.—An individual may
not smoke in an aircraft on a scheduled airline flight seg-
ment in interstate air transportation or intrastate air
transportation.
‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR TRANS-
PORTATION.—The Secretary of Transportation shall require
all air carriers and foreign air carriers to prohibit, on and
after the 120th day following the date of the enactment of
this section, smoking in any aircraft on a scheduled airline
flight segment within the United States or between a place
in the United States and a place outside the United States.
‘‘(c) LIMITATION ON APPLICABILITY.—With respect to
an aircraft operated by a foreign air carrier, the smoking
prohibitions contained in subsections (a) and (b) shall
apply only to the passenger cabin and lavatory of the air-
craft. If a foreign government objects to the application of
subsection (b) on the basis that it is an extraterritorial ap-
plication of the laws of the United States, the Secretary is
authorized to waive the application of subsection (b) to a
foreign air carrier licensed by that foreign government. The
Secretary of Transportation shall identify and enforce an
alternative smoking prohibition in lieu of subsection (b)
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that has been negotiated by the Secretary and the objecting
foreign government through a bilateral negotiation process.
‘‘(d) REGULATIONS.—The Secretary shall prescribe
regulations necessary to carry out this section.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the 60th day following the
date of enactment of this Act.
SEC. 354. HAZARDOUS MATERIALS. In the case of a
State that, as of the date of enactment of this Act, has in
force and effect State hazardous material transportation
laws that are inconsistent with Federal hazardous material
transportation laws with respect to intrastate transpor-
tation of agricultural production materials for transpor-
tation from agricultural retailer to farm, farm to farm, and
from farm to agricultural retailer, within a 100-mile air
radius, such inconsistent laws may remain in force and ef-
fect for fiscal year 1999 only.
SEC. 355. REIMBURSEMENT FOR SALARIES AND EX-
PENSES. The National Transportation Safety Board shall
reimburse the State of New York and local counties in New
York during the period beginning on June 12, 1997, and
ending on September 30, 1999, an aggregate amount equal
to $6,059,000 for costs (including salaries and expenses) in-
curred in connection with the crash of TWA Flight 800.
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SEC. 356. SIGNAGE ON HIGHWAYS WITH RESPECT TO
THE NATIONAL CEMETERY SYSTEM. (a) DEFINITIONS.—In
this section:
(1) FEDERAL-AID HIGHWAY.—The term ‘‘Federal
aid highway’’ has the meaning given that term in sec-
tion 101 of title 23, United States Code.
(2) NATIONAL
CEMETERY
SYSTEM.—The term
‘‘National Cemetery System’’ means the National
Cemetery System, which is managed by the Secretary
of Veterans Affairs.
(3) STATE.—The term ‘‘State’’ has the meaning
given that term in section 101 of title 23, United
States Code.
(b) FEDERAL-AID
HIGHWAYS.—The Secretary of
Transportation may encourage States to take such action
as may be necessary to ensure that, for each cemetery of
the National Cemetery System that is located in the prox-
imity of any Federal-aid highway, there is sufficient and
appropriate signage along that highway to direct visitors
to that cemetery.
(c) STATE HIGHWAYS.—Nothing in subsection (b) is
intended to affect the provision of signage by a State along
a State highway to direct visitors to a cemetery of the Na-
tional Cemetery System.
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This Act may be cited as the ‘‘Department of Trans-
portation and Related Agencies Appropriations Act, 1999’’.
Passed the House of Representatives July 30 (legis-
lative day, July 29), 1998.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate July 30, 1998.
Attest:
GARY SISCO,
Secretary.