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$10,000,000 for the Oklahoma City, MAPS cor-
ridor transit system;
Ω99æPage 32, strike out lines 13 and 14
Ω100æPage 32, after line 16 insert:
$15,100,000 for the Pittsburgh Airport busway
project;
Ω101æPage 32, after line 16 insert:
$6,000,000 for the Portland South/North light
rail transit project;
Ω102æPage 32, line 17, strike out ø$90,000,000¿ and in-
sert: $138,000,000
Ω103æPage 32, after line 18 insert:
$5,000,000 for the Research Triangle Park,
North Carolina regional transit plan;
Ω104æPage 32, line 19, strike out ø$6,000,000¿ and in-
sert: $7,000,000
Ω105æPage 32, line 21, strike out ø$20,000,000¿ and in-
sert: $58,000,000
Ω106æPage 32, line 22, strike out all after ‘‘project’’ down
to and including ‘‘costs’’ in line 24
Ω107æPage 32, after line 24 insert:
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$30,000,000 for St. Louis Metrolink;
Ω108æPage 33, line 1, strike out ø$20,000,000¿ and in-
sert: $45,000,000
Ω109æPage 33, line 3, strike out ø$35,000,000¿ and in-
sert: $20,000,000
Ω110æPage 33, strike out lines 6 and 7
Ω111æPage 33, strike out lines 8 and 9
Ω112æPage 33, after line 9 insert:
$5,000,000 for the Seattle-Renton-Tacoma light
rail project;
Ω113æPage 33, strike out lines 10 and 11
Ω114æPage 33, line 13, strike out øand¿
Ω115æPage 33, after line 13 insert:
$8,000,000 for the Virginia Rail Express Rich-
mond to Washington commuter rail project; and
Ω116æPage 33, line 14, strike out ø$2,500,000¿ and in-
sert: $5,000,000
Ω117æPage 33, line 21, strike out ø$2,000,000,000¿ and
insert: $2,300,000,000
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Ω118æPage 34, line 5, strike out ø$200,000,000¿ and in-
sert: $198,510,000
Ω119æPage 34, line 24, strike out ø$10,037,000¿ and in-
sert: $10,337,000
Ω120æPage 35, line 6, strike out ø$23,929,000¿ and in-
sert: $27,675,000
Ω121æPage 35, line 22, strike out ø$30,988,000¿ and in-
sert: $31,278,000
Ω122æPage 35, line 25, strike out ø$28,460,000¿ and in-
sert: $28,750,000
Ω123æPage 36, line 23, strike out ø$39,450,000¿ and in-
sert: $39,700,000
Ω124æPage 36, strike out all after line 23 down to and
including ‘‘audits’’ in line 25 and insert: of which
$1,900,000 shall be for the conduct of contract audits
Ω125æPage 37, line 8, after ‘‘1997:’’ insert: Provided fur-
ther, That none of the funds appropriated in this Act or
otherwise made available may be used to increase fees for
services in connection with rail maximum rate complaints,
pursuant to 49 CFR part 1002, STB Ex Parte No. 542:
Ω126æPage 42, line 17, strike out øprogram,¿ and insert:
program;
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Ω127æPage 42, line 18, strike out øprogram, and¿ and
insert: program;
Ω128æPage 42, line 22, after ‘‘5338’’ insert: ; $5,000,000
for activities authorized by section 140(b) of title 23, United
States Code; $5,000,000 for activities authorized by section
1012(b) of Public Law 102–240; and $50,000,000 of the ob-
ligation limitation established by this Act for Federal-aid
highways and highway safety construction: Provided, That
$15,000,000 of such undistributed obligation limitation
shall be available for administrative costs and allocation
to States under section 104(I) of title 23, United States
Code; $30,000,000 shall be available for allocation to States
authorized by section 1069(y) of Public Law 102–240; and
$15,000,000 shall be available for administrative costs and
allocation to States under section 1302(d) of the Symms
National Recreational Trails Act of 1991
Ω129æPage 42, line 22, strike out øProvided,¿ and insert:
Provided further,
Ω130æPage 44, after line 4 insert:
(g) INCREASE IN ADMINISTRATIVE TAKEDOWN.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, for fiscal year 1997 only, whenever
an allocation is made of the sums authorized to be
appropriated for expenditure on the Federal lands
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highways program, and whenever an apportionment
is made of the sums authorized to be appropriated for
expenditure on the surface transportation program,
the congestion mitigation and air quality improve-
ment program, the National Highway System, the
Interstate maintenance program, the Interstate reim-
bursement program, the highway bridge replacement
and rehabilitation program, and the donor State
bonus program, the Secretary of Transportation shall
deduct a sum in such amount not to exceed 43⁄4 per
centum of all sums to be authorized as the Secretary
may determine necessary for administering the provi-
sions of law to be financed from appropriations for
the Federal-Aid Highway Program and for carrying
on the research authorized by subsections (a) and (b)
of section 307 of title 23, United States Code. In mak-
ing such determination, the Secretary shall take into
account the unobligated balance of any sums deducted
for such purposes in prior years. The sum so deducted
shall remain available until expended.
(2) EFFECT.—Any deduction by the Secretary of
Transportation in accordance with this Act shall be
deemed to be a deduction under 23 U.S.C. § 104(a).
Ω131æPage 48, strike out lines 1 through 8
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Ω132æPage 48, line 12, after ‘‘Colorado’’ insert: : Pro-
vided, That this provision shall not apply in any case where
the Administrator of the Federal Aviation Administration
determines, in writing, that safety conditions warrant obli-
gation of such funds
Ω133æPage 48, line 22, strike out all after ‘‘further,’’ over
to and including ‘‘collections’’ in line 3 on page 49 and
insert: That of the funds provided by section 6006(b) of
Public Law 102–240, not to exceed $3,100,000 may be in-
curred to conduct activities related to airline statistics
Ω134æPage 51, strike out lines 3 through 5
Ω135æPage 51, line 6, strike out ø$850,000¿ and insert:
$1,050,000
Ω136æPage 51, strike out lines 17 through 19
Ω137æPage 51, after line 19 insert:
SEC. 333. Section 24902 of title 49, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(m) APPLICABLE PROCEDURES.—No State or local
building, zoning, subdivision, or similar or related law, nor
any other State or local law from which a project would
be exempt if undertaken by the Federal Government or an
agency thereof within a Federal enclave wherein Federal ju-
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risdiction is exclusive, including without limitation with
respect to all such laws referenced herein above requirements
for permits, actions, approvals or filings, shall apply in
connection with the construction, ownership, use, operation,
financing, leasing, conveying, mortgaging or enforcing a
mortgage of (i) any improvement undertaken by or for the
benefit of Amtrak as part of, or in furtherance of, the North-
east Corridor Improvement Project (including without limi-
tation maintenance, service, inspection or similar facilities
acquired, constructed or used for high speed trainsets) or
chapter 241, 243, or 247 of this title or (ii) any land (and
right, title or interest created with respect thereto) on which
such improvement is located and adjoining, surrounding or
any related land. These exemptions shall remain in effect
and be applicable with respect to such land and improve-
ments for the benefit of any mortgagee before, upon and
after coming into possession of such improvements or land,
any third party purchasers thereof in foreclosure (or
through a deed in lieu of foreclosure), and their respective
successors and assigns, in each case to the extent the land
or improvements are used, or held for use, for railroad pur-
poses or purposes accessory thereto. This subsection (m)
shall not apply to any improvement or related land unless
Amtrak receives a Federal operating subsidy in the fiscal
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year in which Amtrak commits to or initiates such im-
provement.’’.
Ω138æPage 52, after line 11 insert:
SEC. 335a. Section 3035(b) of Public Law 102–240 is
hereby amended by striking ‘‘$515,000,000’’ and inserting
in lieu thereof ‘‘$555,000,000’’.
Ω139æPage 52, strike out lines 21 through 25
Ω140æPage 53, strike out lines 1 through 4
Ω141æPage 53, after line 4 insert:
SEC. 338. 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.
Ω142æPage 53, strike out lines 5 through 7
Ω143æPage 53, after line 7 insert:
SEC. 339. Improvements identified as highest priority
by section 1069(t) of Public Law 102–240 and funded pur-
suant to section 118(c)(2) of title 23, United States Code,
shall not be treated as an allocation for Interstate mainte-
nance for such fiscal year under section 157(a)(4) of title
23, United States Code, and sections 1013(c), 1015(a)(1),
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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.
Ω144æPage 54, after line 16 insert:
SEC. 341. 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.
Ω145æPage 54, after line 16 insert:
SEC. 342. None of the funds made available in this
Act may be used by the National Transportation Safety
Board to plan, conduct, or enter into any contract for a
study to determine the feasibility of allowing individuals
who are more than 60 years of age to pilot commercial air-
craft.
Ω146æPage 54, after line 16 insert:
SEC. 343. Funds provided in this Act for bonuses and
cash awards for employees of the Department of Transpor-
tation shall be reduced by $513,604 which limits fiscal year
1997 obligation authority to no more than $25,448,300:
Provided, That this provision shall be applied to funds for
Senior Executive Service bonuses, merit pay, and other bo-
nuses and cash awards.
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Ω147æPage 54, after line 16 insert:
SEC. 344. Hereinafter, the National Passenger Rail-
road Corporation 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 provision 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.
Ω148æPage 54, after line 16 insert:
SEC. 345. Notwithstanding any other provision in law,
of the amounts made available under the Federal Aviation
Administration’s operations account, 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.
Ω149æPage 54, after line 16 insert:
SEC. 346. DEPARTMENT OF TRANSPORTATION VOLUNTARY
SEPARATION INCENTIVE PAYMENTS.
(a) DEFINITIONS.—For the purposes of this section—
(1) the term ‘‘agency’’ means the following agen-
cies of the Department of Transportation:
(A) the United States Coast Guard;
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(B) the Research and Special Programs Ad-
ministration;
(C) the St. Lawrence Seaway Development
Corporation;
(D) the Office of the Secretary;
(E) the Federal Railroad Administration;
and
(F) any other agency of the Department
with respect to employees of such agency in posi-
tions targeted for reduction under the National
Performance Review;
(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 ap-
pointment without time limitation, and has been cur-
rently employed for a continuous period of at least 3
years, but does not include—
(A) a reemployed annuitant under sub-
chapter III of chapter 83 or chapter 84 of title
5, United States Code, or another retirement sys-
tem for employees of the agency;
(B) an employee having a disability on the
basis of which such employee is or would be eli-
gible for disability retirement under the applica-
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ble retirement system referred to in subpara-
graph (A);
(C) an employee who is in receipt of a spe-
cific notice of involuntary separation for mis-
conduct or unacceptable performance;
(D) an employee who, upon completing an
additional period of service as referred to in sec-
tion 3(b)(2)(B)(ii) of the Federal Workforce Re-
structuring 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 re-
ceived any voluntary separation incentive pay-
ment by the Federal Government under this sec-
tion or any other authority and has not repaid
such payment;
(F) an employee covered by statutory reem-
ployment rights who is on transfer to another or-
ganization; or
(G) any employee who, during the twenty
four month period preceding the date of separa-
tion, has received a recruitment or relocation
bonus under section 5753 of title 5, United
States Code, or who, within the twelve month pe-
riod preceding the date of separation, received a
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retention allowance under section 5754 of title 5,
United States Code.
(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 Appropriations and the Com-
mittee on Governmental Affairs of the Senate and the
Committee on Government Reform and Oversight of
the House of Representatives a strategic plan outlin-
ing the intended use of such incentive payments and
a proposed organizational chart for the agency once
such incentive payments have been completed.
(2) CONTENTS.—The agency’s plan shall in-
clude—
(A) the positions and functions to be re-
duced or eliminated, identified by organizational
unit, geographic location, 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 op-
erate without the eliminated positions and func-
tions.
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(c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION
INCENTIVE PAYMENTS.—
(1) IN GENERAL.—A voluntary separation incen-
tive 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.
(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 agen-
cy head not to exceed $25,000 in fiscal year
1997, $20,000 in fiscal year 1998, $15,000
in fiscal year 1999, or $10,000 in fiscal
year 2000;
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(D) shall not be a basis for payment, and
shall not be included in the computation, of any
other type of Government benefit; and
(E) shall not be taken into account in deter-
mining 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, 2000.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RE-
TIREMENT FUND.—
(1) IN GENERAL.—In addition to any other pay-
ments 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 Manage-
ment for deposit in the Treasury of the United States
to the credit of the Civil Service Retirement and Dis-
ability 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 chap-
ter 84 of title 5, United States Code, to whom a vol-
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untary 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 em-
ployee, 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
GOVERNMENT.—An individual who has received a vol-
untary 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 separa-
tion 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) REDUCTION 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 created by the separa-
tion of any employee who has received, or is due to
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receive, a voluntary separation incentive payment
under this section. For the purposes of this subsection,
positions shall be counted on a full-time-equivalent
basis.
(2) ENFORCEMENT.—The President, through the
Office of Management and Budget, shall monitor each
agency and take any action necessary to ensure that
the requirements of this subsection are met.
(g) EFFECTIVE DATE.—This section shall take effect
October 1, 1996.
Ω150æPage 54, after line 16 insert:
SEC. 347. (a) REVIEW OF REPORTING OF EXCISE TAX
DATA.—Prior to September 30, 1996, the Secretary of the
Treasury and the Secretary of Transportation shall conduct
a review of the reporting of excise tax data by the Depart-
ment of the Treasury to the Department of Transportation
for fiscal year 1994 and its impact on the allocation of Fed-
eral aid highways. If the President certifies that all of the
following conditions are met:
(1) A significant error was made by the Treas-
ury in its estimate of Highway Trust Fund revenues
collected in fiscal year 1994.
(2) The error is fundamentally different from er-
rors routinely made in such estimates in the past.
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(3) The error is significant enough to justify the
fiscal year 1997 apportionments and allocations of
Highway Trust Funds be adjusted; and finds that the
provision in subsection (b) corrects these deficiencies,
then subsection (b) will be operative.
(b) CALCULATION OF FEDERAL-AID HIGHWAY APPOR-
TIONMENTS AND ALLOCATIONS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), for fiscal year 1997, the Secretary of
Transportation shall determine the Federal-aid high-
way apportionments and allocations to a State with-
out regard to the approximately $1,596,000,000 credit
to the Highway Trust Fund (other than the Mass
Transit Account) of estimated taxes paid by States
that was made by the Secretary of the Treasury for
fiscal year 1995 in correction of an accounting error
made in fiscal year 1994.
(2) ADJUSTMENTS FOR EFFECTS IN 1996.—The
Secretary of Transportation shall, for each State—
(A) determine whether the State would have
been apportioned and allocated an increased or
decreased amount for Federal-aid highways for
fiscal year 1996 if the accounting error referred
to in paragraph (1) had not been made (which
determination shall take into account the effects
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of section 1003(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public
Law 102–240; 105 Stat. 1921)); and
(B) after apportionments and allocations
are determined in accordance with paragraph
(1)—
(i) adjust the amount apportioned and
allocated to the State for Federal-aid high-
ways for fiscal year 1997 by the amount of
the increase or decrease; and
(ii) adjust accordingly the obligation
limitation for Federal-aid highways distrib-
uted to the State under this Act.
(3) NO EFFECT ON 1996 DISTRIBUTIONS.—Noth-
ing in this section shall affect any apportionment, al-
location, or distribution of obligation limitation, or
reduction thereof, to a State for Federal-aid highways
for fiscal year 1996.
(4) EFFECTIVE DATE.—This section shall take ef-
fect on September 30, 1996.
Ω151æPage 54, after line 16 insert:
SEC. 348. It is the sense of the Senate that Congress
should actively consider legislation to establish the Saint
Lawrence Seaway Development Corporation as a perform-
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ance-based organization on a pilot basis beginning in fiscal
year 1998.
Ω152æPage 54, after line 16 insert:
SEC. 349. FEDERAL AVIATION ADMINISTRATION PROCURE-
MENT.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the Administrator of the Federal Aviation
Administration should promote and encourage the use of
full and open competition as the preferred method of pro-
curement for the Federal Aviation Administration.
(b) INDEPENDENT ASSESSMENT.—Not later than De-
cember 31, 1997, the Administrator of the Federal Aviation
Administration shall—
(1) take such action as may be necessary to pro-
vide for an independent assessment of the acquisition
management system of the Federal Aviation Adminis-
tration that includes a review of any efforts of the Ad-
ministrator in promoting and encouraging the use of
full and open competition as the preferred method of
procurement with respect to any contract that in-
volves an amount greater than $50,000,000; and
(2) submit to the Congress a report on the find-
ings of that independent assessment.
(c) FULL AND OPEN COMPETITION DEFINED.—For
purposes of this section, the term ‘‘full and open competi-
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tion’’ has the meaning provided that term in section 4(6)
of the Office of Federal Procurement Policy Act (41 U.S.C.
403(6)).
Ω153æPage 54, after line 16 insert:
SEC. 350. 49 U.S.C. App. 2311 is amended by adding
the following new subsection:
‘‘(D) NEBRASKA.—In addition to vehicles
which the State of Nebraska may continue to
allow to be operated under paragraphs (1)(a)
and (1)(B) of this section, the State of Nebraska
may allow longer combination vehicles that were
not in actual operation on June 1, 1991 to be
operated within its boundaries to transport
sugar beets from the field where such sugar beets
are harvested to storage, market, factory or stock-
pile or from stockpile to storage, market or fac-
tory. This provision shall expire on September
30, 1997.’’.
Ω154æPage 54, after line 16 insert:
SEC. 351. (a) Section 120(c) of title 23, United States
Code, is amended by inserting ‘‘rail-highway crossing clo-
sure,’’ after ‘‘carpooling and vanpooling,’’.
(b) Section 130 of such title is amended by adding at
the end the following:
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‘‘(i) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING
CLOSURES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this section and subject to paragraphs (2)
and (3), a State may, from sums available to the
State under this section, make incentive payments to
local governments in the State upon the permanent
closure by such governments of public at-grade rail-
way-highway crossings under the jurisdiction of such
governments.
‘‘(2) INCENTIVE
PAYMENTS
BY
RAILROADS.—A
State may not make an incentive payment under
paragraph (1) to a local government with respect to
the closure of a crossing unless the railroad owning
the tracks on which the crossing is located makes an
incentive payment to the government with respect to
the closure.
‘‘(3) AMOUNT OF STATE PAYMENT.—The amount
of the incentive payment payable to a local govern-
ment by a State under paragraph (1) with respect to
a crossing may not exceed the lesser of—
‘‘(A) the amount of the incentive payment
paid to the government with respect to the cross-
ing by the railroad concerned under paragraph
(2); or
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‘‘(B) $7,500.
‘‘(4) USE OF STATE PAYMENTS.—A local govern-
ment receiving an incentive payment from a State
under paragraph (1) shall use the amount of the in-
centive payment for transportation safety improve-
ments.’’.
Ω155æPage 54, after line 16 insert:
SEC. 352. LIMITATION ON FUNDS USED TO ENFORCE REGU-
LATIONS REGARDING ANIMAL FATS AND VEG-
ETABLE 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.
Ω156æPage 54, after line 16 insert:
SEC. 353. (a) In cases where an emergency ocean con-
dition causes erosion of a bank protecting a scenic highway
or byway, fiscal year 1996 or fiscal year 1997 Federal