H. R. 2169—22
SEC. 326. None of the funds in this Act shall, in the absence
of express authorization by Congress, be used directly or indirectly
to pay for any personal service, advertisement, telegram, telephone,
letter, printed or written matter, or other device, intended or
designed to influence in any manner a Member of Congress, to
favor or oppose, by vote or otherwise, any legislation or appropria-
tion by Congress, whether before or after the introduction of any
bill or resolution proposing such legislation or appropriation: Pro-
vided, 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 Congress on the request
of any Member or to Congress, through the proper official channels,
requests for legislation or appropriations which they deem necessary
for the efficient conduct of the public business.
SEC. 327. None of the funds in this Act may be used to support
Federal Transit Administration’s field operations and oversight of
the Washington Metropolitan Area Transit Authority in any location
other than from the Washington, D.C. metropolitan area.
SEC. 328. Not to exceed $1,000,000 of the funds provided in
this Act for the Department of Transportation shall be available
for the necessary expenses of advisory committees.
SEC. 329. Notwithstanding any other provision of law, the
Secretary may use funds appropriated under this Act, or any subse-
quent 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. 330. No funds other than those appropriated to the Surface
Transportation Board or fees collected by the Board shall be used
for conducting the activities of the Board.
SEC. 331. (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 pro-
vided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) PROHIBITION
OF
CONTRACTS
WITH
PERSONS
FALSELY
LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally
determined by a court or Federal agency that any person inten-
tionally 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
subcontract made with funds made available in this Act, pursuant
to the debarment, suspension, and ineligibility procedures described
H. R. 2169—23
in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
SEC. 332. Notwithstanding any other provision of law, receipts,
in amounts determined by the Secretary, collected from users of
fitness centers operated by or for the Department of Transportation
shall be available to support the operation and maintenance of
those facilities.
SEC. 333. None of the funds made available in this Act may
be used for improvements to the Miller Highway in New York
City, New York.
SEC. 334. None of the funds in this Act shall be available
to implement or enforce regulations that would result in the with-
drawal of a slot from an air carrier at O’Hare International Airport
under section 93.223 of title 14 of the Code of Federal Regulations
in excess of the total slots withdrawn from that air carrier as
of October 31, 1993 if such additional slot is to be allocated to
an air carrier or foreign air carrier under section 93.217 of title
14 of the Code of Federal Regulations.
SEC. 335. Notwithstanding any other provision of law, of
amounts made available under Federal Aviation Administration
‘‘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. 336. Notwithstanding 49 U.S.C. 41742, no essential 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. 337. (a) IN GENERAL.—For purposes of the exception set
forth in section 29(a)(2) of the International Air Transportation
Competition Act of 1979 (Public Law 96–192; 94 Stat. 48), 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) INCLUSION OF CERTAIN STATES IN EXEMPTION.—The first
sentence of section 29(c) of the International Air Transportation
Competition Act of 1979 (Public Law 96–192; 94 Stat. 48 et seq.)
is amended by inserting ‘‘Kansas, Alabama, Mississippi,’’ before
‘‘and Texas’’.
(c) SAFETY ASSURANCE.—The Administrator of the Federal
Aviation Administration shall monitor the safety of flight operations
in the Dallas-Fort Worth metropolitan area and take such actions
as may be necessary to ensure safe aviation operations. If the
Administrator must restrict aviation operations in the Dallas-Fort
Worth area to ensure safety, the Administrator shall notify the
House and Senate Committees on Appropriations as soon as possible
that an unsafe airspace management situation existed requiring
the restrictions.
SEC. 338. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department from travel manage-
ment centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropria-
tions of the Department and allocated to elements of the
H. R. 2169—24
Department using fair and equitable criteria and such funds shall
be available until December 31, 1998.
SEC. 339. 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. 340. (a) FINDINGS.—The Congress finds that—
(1) Congress has the authority under article I, section
8 of the Constitution to regulate the air commerce 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 inconsistent with
chapter 471 of title 49, United States Code, illegally diverts
airport revenues;
(4) illegal diversion of airport revenues undermines 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 revenues 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 Americans, Native Hawai-
ians, or Alaska Natives;
(7) contrary to the prohibition against diverting airport
revenues from airport purposes under section 47107 of title
49, United States Code, certain payments from airport revenues
may have been made for the betterment of Native Americans,
Native Hawaiians, or Alaska Natives based upon the claims
related 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 periods of time prior to or after
the date of enactment of this Act; and
(9) because of the special circumstances surrounding such
past diversions of airport revenues for the betterment of Native
Americans, Native Hawaiians, or Alaska Natives, it is in the
national interest that amounts from airport revenues previously
received by any entity for the betterment of Native Americans,
Native Hawaiians, or Alaska Natives, as specified in subsection
(b) of this section, should not be subject to repayment.
(b) TERMINATION
OF REPAYMENT RESPONSIBILITY.—Notwith-
standing 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 Ameri-
cans, Native Hawaiians, or Alaska 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 other-
wise, and whether related to claims for periods of time prior to
or after the date of enactment of this Act.
H. R. 2169—25
(d) CLARIFICATION.—Nothing in this Act shall be construed
to affect any existing Federal statutes, enactments, or trust obliga-
tions created thereunder, or any statute of the several States that
define the obligations of such States to Native Americans, Native
Hawaiians, or Alaska Natives in connection with ceded lands, except
to make clear that airport revenues may not be used to satisfy
such obligations.
SEC. 341. LIMITATION ON FUNDS USED TO ENFORCE REGULA-
TIONS 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 amend-
ments made by that Act) differences in—
(1) physical, chemical, biological, and other relevant
properties; and
(2) environmental effects.
SEC. 342. Notwithstanding the provisions of any other law,
rule or regulation, the Secretary of Transportation is authorized
to allow the issuer of any preferred stock heretofore sold to the
Department to redeem or repurchase such stock upon the payment
to the Department of an amount determined by the Secretary.
SEC. 343. Subsection (d)(4) of 49 U.S.C. 31112 is amended
by striking ‘‘September 30, 1997’’ and inserting ‘‘February 28, 1998’’.
SEC. 344. None of the funds in this Act shall be used to
enforce against air carriers, conducting operations under part 135
of the Federal Aviation Administration (FAA) regulations (14 CFR
135.1 et seq.) that are not scheduled operations (as defined in
14 CFR 119.3), the requirement in section 44936(f)(1) of title 49,
United States Code that records be checked before hiring an individ-
ual as a pilot, until the FAA determines, in writing, that it can
furnish to such air carriers the requested records within 30 days,
as required by section 44936(f)(5) of title 49, United States Code.
If the Administrator cannot make the determination, in writing,
within 150 days after enactment of this Act, then the Administrator
shall report to the Committees on Appropriations, the Senate
Committee on Commerce, Science, and Transportation, and the
House Committee on Transportation and Infrastructure, the reasons
why the determination cannot be made.
SEC. 345. EXEMPTION AUTHORITY FOR AIR SERVICE TO SLOT-
CONTROLLED AIRPORTS.—Section 41714 of title 49, United States
Code, is amended by adding at the end thereof the following:
‘‘(i) EXPEDITIOUS
CONSIDERATION
OF
CERTAIN
EXEMPTION
REQUESTS.—Within 120 days after receiving an application for an
exemption under subsection (a)(2) to improve 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 notify the Senate Committee on Commerce, Science, and
Transportation and the House Committee on Transportation and
Infrastructure of the grant or denial within 14 calendar days after
the determination and state the reasons for the determination.’’.
SEC. 346. (a) As soon as practicable after the date of enactment
of this Act, the Secretary of Transportation, acting for the Depart-
ment of Transportation, may take receipt of such equipment and