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$9,000,000 for the Miami-North 27th Avenue
project (subject to authorization);
$1,000,000 for the Mission Valley East corridor
project (subject to authorization);
$54,800,000 for the New Jersey-Hudson-Ber-
gen project (subject to authorization);
$27,000,000 for the New Jersey Secaucus
project (subject to authorization);
$8,000,000 for the New Orleans Canal Street
corridor project (subject to authorization);
$2,000,000 for the New Orleans Desire Street-
car project (subject to authorization);
$6,000,000 for the North Carolina Research
Triangle Park project (subject to authorization);
$2,000,000 for the Northern Indiana South
Shore commuter rail project (subject to authoriza-
tion);
$5,000,000 for the Oceanside-Escondido light
rail project (subject to authorization);
$1,600,000 for the Oklahoma City MAPS cor-
ridor transit project (subject to authorization);
$4,000,000 for the Orange County transitway
project (subject to authorization);
$31,800,000 for the Orlando Lynx light rail
project (subject to authorization);
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$500,000 for the Pennsylvania Strawberry Hill/
Diamond Branch rail project (subject to authoriza-
tion);
$8,000,000 for the Phoenix metropolitan area
transit project (subject to authorization);
$3,000,000 for the Pittsburgh airport busway
project (subject to authorization);
$63,400,000 for the Portland-Westside/Hills-
boro project (subject to authorization);
$20,300,000 for the Sacramento LRT project
(subject to authorization);
$42,800,000 for the Salt Lake City South LRT
project (subject to authorization);
$1,000,000 for the San Bernardino Metrolink
project (subject to authorization);
$3,000,000 for the San Diego Mid-Coast cor-
ridor project (subject to authorization);
$54,800,000 for the San Francisco BART ex-
tension to the airport project (subject to authoriza-
tion);
$25,700,000 for the San Juan Tren Urbano
(subject to authorization);
$21,400,000 for the San Jose Tasman LRT
project (subject to authorization);
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$4,000,000 for the Seattle-Tacoma commuter
rail project (subject to authorization);
$2,000,000 for the Seattle-Tacoma light rail
project (subject to authorization);
$30,000,000 for the St. Louis-St. Clair LRT
extension project (subject to authorization);
$5,000,000 for the St. George Ferry terminal
project (subject to authorization);
$2,000,000 for the Tampa Bay regional rail
project (subject to authorization);
$2,000,000 for the Tidewater, Virginia rail
project (subject to authorization);
$1,000,000 for the Toledo, Ohio rail project
(subject to authorization);
$20,000,000 for the Twin Cities transitways
projects (subject to authorization);
$2,500,000 for the Virginia Rail Express Fred-
ericksburg to Washington commuter rail project
(subject to authorization);
$5,000,000 for the Whitehall ferry terminal
project (subject to authorization); and
$5,000,000 for the Wisconsin central commuter
rail project (subject to authorization).
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MASS TRANSIT CAPITAL FUND
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out
49 U.S.C. 5338(b) administered by the Federal Transit
Administration, $2,350,000,000, to be derived from the
Highway Trust Fund and to remain available until ex-
pended.
WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY
For necessary expenses to carry out the provisions
of section 14 of Public Law 96–184 and Public Law 101–
551, $200,000,000, to remain available until expended.
SAINT LAWRENCE SEAWAY DEVELOPMENT
CORPORATION
SAINT LAWRENCE SEAWAY DEVELOPMENT
CORPORATION
The Saint Lawrence Seaway Development Corpora-
tion is hereby authorized to make such expenditures, with-
in the limits of funds and borrowing authority available
to the Corporation, and in accord with law, and to make
such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Govern-
ment Corporation Control Act, as amended, as may be
necessary in carrying out the programs set forth in the
Corporation’s budget for the current fiscal year.
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OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses for operation and mainte-
nance of those portions of the Saint Lawrence Seaway op-
erated and maintained by the Saint Lawrence Seaway De-
velopment Corporation, including the Great Lakes Pilot-
age functions delegated by the Secretary of Transpor-
tation, $11,200,000, to be derived from the Harbor Main-
tenance Trust Fund, pursuant to Public Law 99–662.
RESEARCH AND SPECIAL PROGRAMS
ADMINISTRATION
RESEARCH AND SPECIAL PROGRAMS
For expenses necessary to discharge the functions of
the Research and Special Programs Administration,
$27,934,000, of which $574,000 shall be derived from the
Pipeline Safety Fund, and of which $4,950,000 shall re-
main available until September 30, 2000: Provided, That
up to $1,200,000 in fees collected under 49 U.S.C.
5108(g) shall be deposited in the general fund of the
Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available
until expended, funds received from States, counties, mu-
nicipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in per-
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Preparedness Fund, to remain available until September
30, 2000: Provided, That none of the funds made available
by 49 U.S.C. 5116(i) and 5127(d) shall be made available
for obligation by individuals other than the Secretary of
Transportation, or his designee.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General to carry out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $42,000,000: Provided,
That none of the funds under this heading shall be for
the conduct of contract audits.
SURFACE TRANSPORTATION BOARD
SALARIES AND EXPENSES
For necessary expenses of the Surface Transpor-
tation Board, including services authorized by 5 U.S.C.
3109, $15,853,000: Provided, That notwithstanding any
other provision of law, not to exceed $2,000,000 from fees
established by the Chairman of the Surface Transpor-
tation Board shall be credited to this appropriation as off-
setting collections and used for necessary and authorized
expenses under this heading: Provided further, That the
sum herein appropriated for the general fund shall be re-
duced on a dollar for dollar basis as such offsetting collec-
tions are received during fiscal year 1998, to result in a
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final appropriation from the general fund estimated at no
more than $13,853,000: Provided further, That any fees
received in excess of $2,000,000 in fiscal year 1998 shall
remain available until expended, but shall not be available
for obligation until October 1, 1998.
TITLE II
RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION
BARRIERS COMPLIANCE BOARD
SALARIES AND EXPENSES
For expenses necessary for the Architectural and
Transportation Barriers Compliance Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as
amended, $3,640,000: Provided, That, notwithstanding
any other provision of law, there may be credited to this
appropriation funds received for publications and training
expenses.
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the National Transpor-
tation Safety Board, including hire of passenger motor ve-
hicles and aircraft; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per
diem rate equivalent to the rate for a GS–18; uniforms,
or allowances therefor, as authorized by law (5 U.S.C.
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5901–5902) $46,000,000, of which not to exceed $2,000
may be used for official reception and representation ex-
penses.
EMERGENCY FUND
For necessary expenses of the National Transpor-
tation Safety Board for accident investigations, including
hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for
a GS–18; uniforms, or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902), $1,000,000, to remain
available until expended.
TITLE III
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
SEC. 301. During the current fiscal year applicable
appropriations to the Department of Transportation shall
be available for maintenance and operation of aircraft;
hire of passenger motor vehicles and aircraft; purchase of
liability insurance for motor vehicles operating in foreign
countries on official department business; and uniforms,
or allowances therefor, as authorized by law (5 U.S.C.
5901–5902).
SEC. 302. Such sums as may be necessary for fiscal
year 1998 pay raises for programs funded in this Act shall
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be absorbed within the levels appropriated in this Act or
previous appropriations Acts.
SEC. 303. Funds appropriated under this Act for ex-
penditures by the Federal Aviation Administration shall
be available (1) except as otherwise authorized by title
VIII of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7701 et seq.) for expenses of primary
and secondary schooling for dependents of Federal Avia-
tion Administration personnel stationed outside the con-
tinental United States at costs for any given area not in
excess of those of the Department of Defense for the same
area, when it is determined by the Secretary that the
schools, if any, available in the locality are unable to pro-
vide adequately for the education of such dependents, and
(2) for transportation of said dependents between schools
serving the area that they attend and their places of resi-
dence when the Secretary, under such regulations as may
be prescribed, determines that such schools are not acces-
sible by public means of transportation on a regular basis.
SEC. 304. Appropriations contained in this Act for
the Department of Transportation shall be available for
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to
the rate for an Executive Level IV.
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SEC. 305. None of the funds in this Act shall be avail-
able for salaries and expenses of more than one hundred
seven political and Presidential appointees in the Depart-
ment of Transportation: Provided, That none of the per-
sonnel covered by this provision may be assigned on tem-
porary detail outside the Department of Transportation.
SEC. 306. None of the funds in this Act shall be used
for the planning or execution of any program to pay the
expenses of, or otherwise compensate, non-Federal parties
intervening in regulatory or adjudicatory proceedings
funded in this Act.
SEC. 307. None of the funds appropriated in this Act
shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other appropria-
tions, unless expressly so provided herein.
SEC. 308. The Secretary of Transportation may enter
into grants, cooperative agreements, and other trans-
actions with any person, agency, or instrumentality of the
United States, any unit of State or local government, any
educational institution, and any other entity in execution
of the Technology Reinvestment Project authorized under
the Defense Conversion, Reinvestment and Transition As-
sistance Act of 1992 and related legislation: Provided,
That the authority provided in this section may be exer-
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cised without regard to section 3324 of title 31, United
States Code.
SEC. 309. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract pursuant to section 3109 of title 5, United
States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available
for public inspection, except where otherwise provided
under existing law, or under existing Executive Order is-
sued pursuant to existing law.
SEC. 310. (a) For fiscal year 1998 the Secretary of
Transportation shall distribute the obligation limitation
for Federal-aid highways by allocation in the ratio which
sums authorized to be appropriated for Federal-aid high-
ways that are apportioned or allocated to each State for
such fiscal year bear to the total of the sums authorized
to be appropriated for Federal-aid highways that are ap-
portioned or allocated to all the States for such fiscal year.
(b) During the period October 1 through December
31, 1997, no State shall obligate more than 25 per centum
of the amount distributed to such State under subsection
(a), and the total of all State obligations during such pe-
riod shall not exceed 12 per centum of the total amount
distributed to all States under such subsection.
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(c) Notwithstanding subsections (a) and (b), the Sec-
retary shall—
(1) provide all States with authority sufficient
to prevent lapses of sums authorized to be appro-
priated for Federal-aid highways that have been ap-
portioned to a State;
(2) after August 1, 1998, revise a distribution
of the funds made available under subsection (a) if
a State will not obligate the amount distributed dur-
ing that fiscal year and redistribute sufficient
amounts to those States able to obligate amounts in
addition to those previously distributed during that
fiscal year giving priority to those States having
large unobligated balances of funds apportioned
under sections 103(e)(4), 104, and 144 of title 23,
United States Code, and under sections 1013(c) and
1015 of Public Law 102–240; and
(3) not distribute amounts authorized for ad-
ministrative expenses and funded from the adminis-
trative takedown authorized by section 104(a) of
title 23, United States Code, the Federal lands high-
way program, the intelligent transportation systems
program, and amounts made available under sec-
tions 1040, 1047, 1064, 6001, 6005, 6006, 6023,
and 6024 of Public Law 102–240, and 49 U.S.C.
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5316, 5317, and 5338: Provided, That amounts
made available under section 6005 of Public Law
102–240 shall be subject to the obligation limitation
for Federal-aid highways and highway safety con-
struction programs under the head ‘‘Federal-Aid
Highways’’ in this Act.
(d) During the period October 1 through December
31, 1997, the aggregate amount of obligations under sec-
tion 157 of title 23, United States Code, for projects cov-
ered under section 147 of the Surface Transportation As-
sistance Act of 1978, section 9 of the Federal-Aid High-
way Act of 1981, sections 131(b), 131(j), and 404 of Pub-
lic Law 97–424, sections 1061, 1103–1108, 4008,
6023(b)(8), and 6023(b)(10) of Public Law 102–240, and
for projects authorized by Public Law 99–500 and Public
Law 100–17, shall not exceed $277,431,840.
(e) During the period August 2 through September
30, 1998, the aggregate amount which may be obligated
by all States shall not exceed 2.5 percent of the aggregate
amount of funds apportioned or allocated to all States—
(1) under sections 104 and 144 of title 23,
United States Code, and under sections 1013(c) and
1015 of Public Law 102–240, and
(2) for highway assistance projects under sec-
tion 103(e)(4) of title 23, United States Code, which
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would not be obligated in fiscal year 1998 if the
total amount of the obligation limitation provided for
such fiscal year in this Act were utilized.
(f) Paragraph (e) shall not apply to any State which
on or after August 1, 1998, has the amount distributed
to such State under paragraph (a) for fiscal year 1998
reduced under paragraph (c)(2).
SEC. 311. The limitation on obligations for the pro-
grams of the Federal Transit Administration shall not
apply to any authority under 49 U.S.C. 5338, previously
made available for obligation, or to any other authority
previously made available for obligation under the discre-
tionary grants program.
SEC. 312. None of the funds in this Act shall be used
to implement section 404 of title 23, United States Code.
SEC. 313. None of the funds in this Act shall be avail-
able to plan, finalize, or implement regulations that would
establish a vessel traffic safety fairway less than five miles
wide between the Santa Barbara Traffic Separation
Scheme and the San Francisco Traffic Separation
Scheme.
SEC. 314. Notwithstanding any other provision of
law, airports may transfer, without consideration, to the
Federal Aviation Administration (FAA) instrument land-
ing systems (along with associated approach lighting
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equipment and runway visual range equipment) which
conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal airport-
aid program, airport development aid program or airport
improvement program grant. The FAA shall accept such
equipment, which shall thereafter be operated and main-
tained by the FAA in accordance with agency criteria.
SEC. 315. None of the funds in this Act shall be avail-
able to award a multiyear contract for production end
items that: (1) includes economic order quantity or long
lead time material procurement in excess of $10,000,000
in any one year of the contract; or (2) includes a cancella-
tion charge greater than $10,000,000 which at the time
of obligation has not been appropriated to the limits of
the Government’s liability; or (3) includes a requirement
that permits performance under the contract during the
second and subsequent years of the contract without con-
ditioning such performance upon the appropriation of
funds: Provided, That this limitation does not apply to a
contract in which the Federal Government incurs no fi-
nancial liability from not buying additional systems, sub-
systems, or components beyond the basic contract require-
ments.
SEC. 316. Notwithstanding any other provision of
law, and except for fixed guideway modernization projects,
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funds made available by this Act under ‘‘Federal Transit
Administration, Discretionary grants’’ for projects speci-
fied in this Act or identified in reports accompanying this
Act not obligated by September 30, 2000, shall be made
available for other projects under 49 U.S.C. 5309.
SEC. 317. Notwithstanding any other provision of
law, any funds appropriated before October 1, 1993, under
any section of chapter 53 of title 49, United States Code,
that remain available for expenditure may be transferred
to and administered under the most recent appropriation
heading for any such section.
SEC. 318. None of the funds in this Act may be used
to compensate in excess of 350 technical staff years under
the federally-funded research and development center con-
tract between the Federal Aviation Administration and the
Center for Advanced Aviation Systems Development dur-
ing fiscal year 1998.
SEC. 319. Funds provided in this Act for the Trans-
portation Administrative Service Center (TASC) shall be
reduced by $25,000,000, which limits fiscal year 1998
TASC obligational authority for elements of the Depart-
ment of Transportation funded in this Act to no more
than $96,800,000: Provided, That such reductions from
the budget request shall be allocated by the Department
of Transportation to each appropriations account in pro-
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portion to the amount included in each account for the
Transportation Administrative Service Center.
SEC. 320. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Fed-
eral Railroad Administration from States, counties, mu-
nicipalities, other public authorities, and private sources
for expenses incurred for training may be credited respec-
tively to the Federal Highway Administration’s ‘‘Limita-
tion on General Operating Expenses’’ account, the Federal
Transit Administration’s ‘‘Transit Planning and Re-
search’’ account, and to the Federal Railroad Administra-
tion’s ‘‘Railroad Safety’’ account, except for State rail
safety inspectors participating in training pursuant to 49
U.S.C. 20105.
SEC. 321. None of the funds in this Act shall be avail-
able to prepare, propose, or promulgate any regulations
pursuant to title V of the Motor Vehicle Information and
Cost Savings Act (49 U.S.C. 32901 et seq.) prescribing
corporate average fuel economy standards for automobiles,
as defined in such title, in any model year that differs
from standards promulgated for such automobiles prior to
enactment of this section.
SEC. 322. None of the funds in this Act may be used
for planning, engineering, design, or construction of a
sixth runway at the Denver International Airport, Denver,
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Colorado: Provided, That this provision shall not apply in
any case where the Administrator of the Federal Aviation
Administration determines, in writing, that safety condi-
tions warrant obligation of such funds: Provided further,
That funds may be used for activities related to planning
or analysis of airport noise issues related to the sixth run-
way project.
SEC. 323. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the
sale of data products, for necessary expenses incurred pur-
suant to the provisions of section 6006 of the Intermodal
Surface Transportation Efficiency Act of 1991, may be
credited to the Federal-aid highways account for the pur-
pose of reimbursing the Bureau for such expenses: Pro-
vided, That such funds shall not be subject to the obliga-
tion limitation for Federal-aid highways and highway safe-
ty construction.
SEC. 324. None of the funds in this Act may be obli-
gated or expended for employee training which: (a) does
not meet identified needs for knowledge, skills and abilities
bearing directly upon the performance of official duties;
(b) contains elements likely to induce high levels of emo-
tional response or psychological stress in some partici-
pants; (c) does not require prior employee notification of
the content and methods to be used in the training and
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written end of course evaluations; (d) contains any meth-
ods or content associated with religious or quasi-religious
belief systems or ‘‘new age’’ belief systems as defined in
Equal Employment Opportunity Commission Notice N–
915.022, dated September 2, 1988; (e) is offensive to, or
designed to change, participants’ personal values or life-
style outside the workplace; or (f) includes content related
to human immunodeficiency virus/acquired immune defi-
ciency syndrome (HIV/AIDS) other than that necessary
to make employees more aware of the medical ramifica-
tions of HIV/AIDS and the workplace rights of HIV-posi-
tive employees.
SEC. 325. None of the funds in this Act shall, in the
absence of express authorization by Congress, be used di-
rectly or indirectly to pay for any personal service, adver-
tisement, 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 appropriation by
Congress, whether before or after the introduction of any
bill or resolution proposing such legislation or appropria-
tion: Provided, That this shall not prevent officers or em-
ployees of the Department of Transportation or related
agencies funded in this Act from communicating to Mem-
bers of Congress on the request of any Member or to Con-
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gress, through the proper official channels, requests for
legislation or appropriations which they deem necessary
for the efficient conduct of the public business.
SEC. 326. None of the funds in this Act may be used
to support Federal Transit Administration’s field oper-
ations and oversight of the Washington Metropolitan Area
Transit Authority in any location other than from the
Washington, D.C. metropolitan area.
SEC. 327. Notwithstanding any other provision of
law, the Secretary may use funds appropriated under this
Act, or any subsequent 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. 328. No funds other than those appropriated
to the Surface Transportation Board shall be used for con-
ducting the activities of the Board.
SEC. 329. (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 REGARD-
ING NOTICE.—
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(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 provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending 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 agen-
cy 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 intentionally affixed a label bear-
ing 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 con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
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gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 330. Notwithstanding any other provision of
law, receipts, in amounts determined by the Secretary, col-
lected from users of fitness centers operated by or for the
Department of Transportation shall be available to sup-
port the operation and maintenance of those facilities.
SEC. 331. 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. 332. None of the funds in this Act shall be avail-
able to implement or enforce regulations that would result
in the withdrawal 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.
This Act may be cited as the ‘‘Department of Trans-
portation and Related Agencies Appropriations Act,
1998’’.
Passed the House of Representatives July 23, 1997.
Attest:
ROBIN H. CARLE,
Clerk.