H. R. 3675—25
(3) by inserting before the period at the end the following:
‘‘, and the locally preferred alternative for the South/North
Corridor Project’’.
SEC. 336a. Section 3035(b) of Public Law 102–240 is hereby
amended by striking ‘‘$515,000,000’’ and inserting in lieu thereof
‘‘$555,000,000’’.
SEC. 337. Notwithstanding any other provision of law, of the
funds made available to Cleveland for the ‘‘Cleveland Dual Hub
Corridor Project’’ or ‘‘Cleveland Dual Hub Rail Project,’’ $4,023,030
in funds made available in fiscal years 1991, 1992, and 1994,
under Public Laws 101–516, 102–143, 102–240, 103–122, and
accompanying reports, shall be made available for the Berea Red
Line Extension and the Euclid Corridor Improvement projects.
SEC. 338. Notwithstanding any other provision of law, funds
made available under section 3035(kk) of Public Law 102–240 for
fiscal year 1997 to the State of Michigan shall be for the purchase
of buses and bus-related equipment and facilities.
SEC. 339. In addition to amounts otherwise provided in this
Act, there is hereby appropriated $2,400,000 for activities of the
National Civil Aviation Review Commission, to remain available
until expended.
SEC. 340. Of the amounts made available under the Federal
Transit Administration’s Discretionary Grants program for Kauai,
Hawaii, in Public Law 103–122 and Public Law 103–331, $3,250,000
shall be transferred to and administered in accordance with 49
U.S.C. 5311 and made available to Kauai, Hawaii.
SEC. 341. Section 423 of H.R. 1361, as passed the House of
Representatives on May 9, 1995, is hereby enacted into law.
SEC. 342. Improvements identified as highest priority by section
1069(t) of Public Law 102–240 and funded pursuant to section
118(c)(2) of title 23, United States Code, shall not be treated as
an allocation for Interstate maintenance for such fiscal year under
section 157(a)(4) of title 23, United States Code, and sections
1013(c), 1015(a)(1), and 1015(b)(1) of Public Law 102–240: Provided,
That any discretionary grant made pursuant to Public Law 99–
663 shall not be subject to section 1015 of Public Law 102–240.
SEC. 343. (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 PROD-
UCTS.—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 LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally
H. R. 3675—26
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 debar-
ment, suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 344. 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. 345. None of the funds made available in this Act may
be used by the National Transportation Safety Board to plan, con-
duct, or enter into any contract for a study to determine the feasibil-
ity of allowing individuals who are more than 60 years of age
to pilot commercial aircraft.
SEC. 346. Funds provided in this Act for bonuses and cash
awards for employees of the Department of Transportation shall
be reduced by $513,604 which limits fiscal year 1997 obligation
authority to no more than $25,448,300: Provided, That this provi-
sion shall be applied to funds for Senior Executive Service bonuses,
merit pay, and other bonuses and cash awards.
SEC. 347. Hereinafter, the National Railroad Passenger Cor-
poration (Amtrak) shall be exempted from any State or local law
relating to the payment or delivery of abandoned or unclaimed
personal property to any government authority, including any provi-
sion for the enforcement thereof, with respect to passenger rail
tickets for which no refund has been or may be claimed, and
such law shall not apply to funds held by Amtrak as a result
of the purchase of tickets after April 30, 1972 for which no refund
has been claimed.
SEC. 348. 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. 349. DEPARTMENT
OF
TRANSPORTATION
VOLUNTARY
SEPARATION INCENTIVE PAYMENTS.—
(a) DEFINITIONS.—For the purposes of this section—
(1) the term ‘‘agency’’ means the following agencies of the
Department of Transportation:
(A) the United States Coast Guard;
(B) the Research and Special Programs Administration;
(C) 
the 
Saint 
Lawrence 
Seaway 
Development
Corporation;
(D) the Office of the Secretary; and
(E) the Federal Railroad Administration;
(2) the term ‘‘employee’’ means an employee (as defined
by section 2105 of title 5, United States Code) who is employed
by the agency serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 3 years, but does not include—
(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code,
or another retirement system for employees of the agency;
H. R. 3675—27
(B) an employee having a disability on the basis of
which such employee is or would be eligible for disability
retirement under the applicable retirement system referred
to in subparagraph (A);
(C) an employee who is in receipt of a specific notice
of involuntary separation for misconduct or unacceptable
performance;
(D) an employee who, upon completing an additional
period of service as referred to in section 3(b)(2)(B)(ii) of
the Federal Workforce Restructuring Act of 1994 (5 U.S.C.
5597 note), would qualify for a voluntary separation incen-
tive payment under section 3 of such Act;
(E) an employee who has previously received any vol-
untary separation incentive payment by the Federal
Government under this section or any other authority and
has not repaid such payment;
(F) an employee covered by statutory reemployment
rights who is on transfer to another organization;
(G) any employee who, during the twenty-four month
period preceding the date of separation, has received a
recruitment or relocation bonus under section 5753 of title
5, United States Code, or who, within the twelve month
period preceding the date of separation, received a retention
allowance under section 5754 of title 5, United States Code;
or
(H) any employee who, upon separation and applica-
tion, would be eligible for an immediate annuity under
subchapter III of chapter 83 or chapter 84 of title 5, United
States Code (or another retirement system for employees
of the agency), other than an annuity subject to a reduction
under section 8339(h) or 8415(f) of such title (or correspond-
ing provisions of another retirement system for employees
of the agency).
(b) AGENCY STRATEGIC PLAN.—
(1) IN GENERAL.—The head of an agency, prior to obligating
any resources for voluntary separation incentive payments,
shall submit to the House and Senate Committees on Appro-
priations and the Committee on Governmental Affairs of the
Senate and the Committee on Government Reform and Over-
sight of the House of Representatives a strategic plan outlining
the intended use of such incentive payments and a proposed
organizational chart for the agency once such incentive pay-
ments have been completed.
(2) CONTENTS.—The agency’s plan shall include—
(A) the positions and functions to be reduced or elimi-
nated, identified by organizational unit, geographic loca-
tion, occupational category and grade level;
(B) the number and amounts of voluntary separation
incentive payments to be offered; and
(C) a description of how the agency will operate without
the eliminated positions and functions.
(c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE
PAYMENTS.—
(1) IN GENERAL.—A voluntary separation incentive payment
under this section may be paid by an agency to any employee
only to the extent necessary to eliminate the positions and
functions identified by the strategic plan.
H. R. 3675—28
(2) AMOUNT AND TREATMENT OF PAYMENTS.—A voluntary
separation incentive payment—
(A) shall be paid in a lump sum after the employee’s
separation;
(B) shall be paid from appropriations or funds available
for the payment of the basic pay of the employees;
(C) shall be equal to the lesser of—
(i) an amount equal to the amount the employee
would be entitled to receive under section 5595(c) of
title 5, United States Code; or
(ii) an amount determined by an agency head not
to exceed $25,000 in fiscal year 1997;
(D) shall not be a basis for payment, and shall not
be included in the computation, of any other type of Govern-
ment benefit; and
(E) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 of title 5, United States
Code, based on any other separation.
(3) LIMITATION.—No amount shall be payable under this
section based on any separation occurring before the date of
the enactment of this Act, or after September 30, 1997.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND.—
(1) IN GENERAL.—In addition to any other payments which
it is required to make under subchapter III of chapter 83
of title 5, United States Code, an agency shall remit to the
Office of Personnel Management for deposit to the Treasury
of the United States to the credit of the Civil Service Retirement
and Disability Fund an amount equal to 15 percent of the
final basic pay of each employee of the agency who is covered
under subchapter III of chapter 83 or chapter 84 of title 5,
United States Code, to whom a voluntary separation incentive
has been paid under this section.
(2) DEFINITION.—For the purpose of paragraph (1), the
term ‘‘final basic pay’’, with respect to an employee, means
the total amount of basic pay which would be payable for
a year of service by such employee, computed using the
employee’s final rate of basic pay, and, if last serving on other
than a full-time basis, with appropriate adjustment therefor.
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN-
MENT.—An individual who has received a voluntary separation
incentive payment under this section and accepts any employment
for compensation with the Government of the United States, or
who works for any agency of the United States Government through
a personal services contract, within 5 years after the date of the
separation on which the payment is based shall be required to
pay, prior to the individual’s first day of employment, the entire
amount of the incentive payment to the agency that paid the
incentive payment.
(f) REDUCTIONS OF AGENCY EMPLOYMENT LEVELS.—
(1) IN GENERAL.—The total number of funded employee
positions in an agency shall be reduced by one position for
each vacancy credited by the separation of any employee who
has received, or is due to receive, a voluntary separation incen-
tive payment under this section. For the purposes of this sub-