Department of Transportation and Related Agencies Appropriations Act, 1997
PL 104-205 (H.R.3675), enacted 09/30/1996

PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2951 
Public Law 104-205 
104th Congress 
An Act 
Making appropriations for the Department ofTransportation and related agencies 
for the fiscal year ending September 30, 1997, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the Department of Transportation 
and related agencies for the fiscal year ending September 30, 
1997, and for other purposes, namely: 
TITLE I 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
Sept. 30, 1996 
[H.R. 3675] 
Department of 
Transportation 
and Related 
Agencies 
Appropriations 
Act, 1997. 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the 
Secretary, 
$52,966,000, of which such sums as necessary shall be used to 
investigate anticompetitive practices in air transportation, enforce 
section 41712 of title 49, and report to Congress by the end of 
the fiscal year on its progress to address anticompetitive practices, 
and of which not to exceed $40,000 shall be available as the Sec-
retary may determine for allocation within the Department for 
official reception and representation expenses: Provided, That not-
withstanding any other provision of law, there may be credited 
to this appropriation up to $1,000,000 in funds received in user 
fees established to support the electronic tariff filing system: Pro-
vided further, That none of the funds appropriated in this Act 
or otherwise made available may be used to maintain custody 
of airline tariffs that are already available for public and depart-
mental access at no cost; to secure them against detection, alter-
ation, or tampering; and open to inspection by the Department. 
OFFICE OF CIVIL RIGHTS 
For necessary expenses of the Office of Civil Rights, $5,574,000. 
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT 
For necessary expenses for conducting transportation planning, 
research, systems development, and development activities, to 
remain available until expended, $3,000,000. 
110 STAT. 2952 
PUBLIC LAW 104-205—SEPT. 30, 1996 
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER 
Necessary expenses for operating costs and capital outlays of 
the Transportation Administrative Service Center, not to exceed 
$124,812,000, shall be paid from appropriations made available 
to the Department of Transportation: Provided, That such services 
shall be provided on a competitive basis to entities within the 
Department of Transportation: Provided further, That the above 
limitation on operating expenses shall not apply to non-DOT enti-
ties: Provided further, That no funds appropriated in this Act to 
an agency of the Department shall be transferred to the Transpor-
tation Administrative Service Center without the approval of the 
agency modal administrator: Provided further. That no assessments 
may be levied against siny program, budget activity, subactivity 
or 
project 
funded 
by 
this 
Act 
unless 
notice 
of 
such 
assessments and the basis therefor are presented to the House 
and Senate Committees on Appropriations and are approved by 
such Committees. 
PAYMENTS TO AIR CARRIERS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(AIRPORT AND AIRWAY TRUST FUND) 
(INCLUDING RESCISSION OF CONTRACT AUTHORIZATION) 
For liquidation of obligations incurred for pa3mients to air car-
riers of so much of the compensation fixed and determined under 
subchapter II of chapter 417 of title 49, United States Code, as 
is payable by the Department of Transportation, $25,900,000, to 
remain available until expended and to be derived from the Airport 
and Airway Trust Fund: Provided, That none of the funds in this 
Act shall be available for the implementation or execution of pro-
grams in excess of $25,900,000 for the Payments to Air Carriers 
program in fiscal year 1997: Provided further. That none of the 
funds in this Act shall be used by the Secretary of Transportation 
to make payment of compensation under subchapter II of chapter 
417 of title 49, United States Code, in excess of the appropriation 
in this Act for liquidation of obligations incurred under the "Pay-
ments to air carriers" program: Provided further. That none of 
the funds in this Act shall be used for the pa3anent of claims 
for such compensation except in accordance with this provision: 
Provided further. That none of the funds in this Act shall be 
available for service to communities in the forty-eight contiguous 
States that are located fewer than seventy highway miles from 
the nearest large or medium hub airport, or that require a rate 
of subsidy per passenger in excess of $200 unless such point is 
greater than two hundred and ten miles from the nearest large 
or medium hub airport: Provided further. That of funds provided 
for "Small Community Air Service" by Public Law 101-508, 
$12,700,000 in fiscal year 1997 is hereby rescinded. 
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2953 
PAYMENTS TO AIR CARRIERS 
(RESCISSION) 
Of the budgetary resources remaining available under this 
heading, $1,133,000 are rescinded. 
RENTAL PAYMENTS 
For necessary expenses for rental of headquarters and field 
space not to exceed 8,580,000 square feet and for related services 
assessed by the General Services Administration, $127,447,000: 
Provided, That of this amount, $2,022,000 shall be derived from 
the Highway Trust Fund, $39,113,000 shall be derived from the 
Airport and Airway Trust Fund, $840,000 shall be derived from 
the Pipeline Safety Fund, and $193,000 shall be derived from the 
Harbor Maintenance Trust Fund: Provided further. That in addition, 
for assessments by the General Services Administration related 
to the space needs of the Federal Highway Administration, 
$17,294,000, to be derived from "Federal-aid Highways", subject 
to the "Limitation on General Operating Expenses". 
MINORITY BUSINESS RESOURCE CENTER PROGRAM 
For the cost of direct logins, $1,500,000, as authorized by 49 
U.S.C. 332: Provided, That such costs, including the cost of modify-
ing such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further. That these funds 
are available to subsidize gross obligations for the principal amount 
of direct loans not to exceed $15,000,000. In addition, for adminis-
trative expenses to carry out the direct loan program, $400,000. 
MINORITY BUSINESS OUTREACH 
For necessary expenses of the Minority Business Resource Cen-
ter outreach activities, $2,900,000, of which $2,635,000 shall remain 
available until September 30, 1998: Provided, That notwithstanding 
49 U.S.C. 332, these funds may be used for business opportunities 
related to any mode of transportation. 
COAST GUARD 
OPERATING EXPENSES 
For necessary expenses for the operation and maintenance of 
the Coast Guard, not otherwise provided for; purchase of not to 
exceed five passenger motor vehicles for replacement only; payments 
pursuant to section 156 of Public Law 97-377, as amended (42 
U.S.C. 402 note), and section 229(b) of the Social Security Act 
(42 U.S.C. 429(b)); and recreation and welfare; $2,319,725,000, of 
which $25,000,000 shall be derived from the Oil Spill Liability 
Trust Fund: Provided, That the number of aircraft on hand at 
l4USC92note. 
any one time shall not exceed two hundred and eighteen, exclusive 
of aircraft and parts stored to meet future attrition: Provided fur-
ther. That none of the funds appropriated in this or any other 
Act shall be available for pay or administrative expenses in connec-
tion with shipping commissioners in the United States: Provided 
further. That none of the funds provided in this Act shall be avail-
110 STAT. 2954 
PUBLIC LAW 104-205—SEPT. 30, 1996 
able for expenses incurred for yacht documentation under 46 U.S.C. 
12109, except to the extent fees are collected from yacht owners 
and credited to this appropriation: Provided further. That the Com-
mandant shall reduce both military and civilian employment levels 
for the purpose of complying with Executive Order No. 12839. 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, 
and aircraft, including equipment related thereto, $374,840,000, 
of which $20,000,000 shall be derived from the Oil Spill Liability 
Trust Fund; of which $216,500,000 shall be available to acquire, 
repair, renovate or improve vessels, small boats and related equip-
ment, to remain available until September 30, 2001; $18,040,000 
shall be available to acquire new aircraft and increase aviation 
capability, 
to 
remain 
available 
until 
September 
30, 
1999; 
$41,700,000 shall be available for other equipment, to remain avail-
able until September 30, 1999; $52,350,000 shall be available for 
shore facilities and aids to navigation facilities, to remain available 
until September 30, 1999; and $46,250,000 shall remain available 
for personnel compensation and benefits and related costs, to remain 
available until September 30, 1998: Provided, That funds received 
from the sale of the VC-llA and HU-25 aircraft shall be credited 
to this appropriation for the purpose of acquiring new aircraft 
and increasing aviation capacity: Provided further, That the Com-
mandant may dispose of surplus real property by sale or lease 
and the proceeds of such sale or lease shall be credited to this 
appropriation: Provided further. That none of the funds in this 
Act may be obligated or expended to continue the "Vessel Traffic 
Service (VTS) 2000" Program: Provided further. That of the funds 
provided under this heading, $1,000,000 is available only for a 
Coast Guard analysis of future VTS system requirements which 
minimizes complexity and is based upon an open system architec-
ture maximizing use of off-the-shelf technology, to be conducted 
in cooperation with the maritime community and local organizations 
affected by the implementation of such systems. 
ENVIRONMENTAL COMPLIANCE AND RESTORATION 
For necessary expenses to carry out the Coast Guard's environ-
mental compliance and restoration functions under chapter 19 of 
title 14, United States Code, $22,000,000, to remain available until 
expended. 
PORT SAFETY DEVELOPMENT 
For necessary expenses for debt retirement of the Port of Port-
land, 
Oregon, without 
further 
findings 
and 
determinations, 
$5,000,000, to remain available until expended. 
ALTERATION OF BRIDGES 
For necessary expenses for alteration or removal of obstructive 
bridges, $16,000,000, to remain available until expended. 
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2955 
RETIRED PAY 
For retired pay, including the payment of obligations therefor 
otherwise chargeable to lapsed appropriations for this purpose, 
and payments under the Retired Serviceman's Family Protection 
and Survivor Benefits Plans, and for payments for medical care 
of retired personnel and their dependents under the Dependents 
Medical Care Act (10 U.S.C. ch. 55); $608,084,000. 
RESERVE TRAINING 
For all necessary expenses for the Coast Guard Reserve, as 
authorized by law; maintenance and operation of facilities; and 
supplies, equipment, and services; $65,890,000. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
For necessary expenses, not otherwise provided for, for applied 
scientific research, development, test, and evaluation; maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law, $19,200,000, to remain available until expended, 
of which $5,020,000 shall be derived from the Oil Spill Liability 
Trust Fund: Provided, That there may be credited to this appropria-
tion funds received from State and local governments, other public 
authorities, private sources, and foreign countries, for expenses 
incurred for research, development, testing, and evaluation. 
BOAT SAFETY 
(AQUATIC RESOURCES TRUST FUND) 
For payment of necessary expenses incurred for recreational 
boating safety assistance under Public Law 92-75, as amended, 
$35,000,000, to be derived from the Boat Safety Account and to 
remain available until expended. 
FEDERAL AVIATION ADMINISTRATION 
OPERATIONS 
For necessary expenses of the Federal Aviation Administration, 
not otherwise provided for, including operations and research activi-
ties related to commercial space transportation, administrative 
expenses for research and development, establishment of air naviga-
tion facilities and the operation (including leasing) and maintenance 
of aircraft, and carrying out the provisions of subchapter I of chapter 
471 of title 49, United States Code, or other provisions of law 
authorizing the obligation of funds for similar programs of airport 
and airway development or improvement, lease or purchase of four 
passenger motor vehicles for replacement only, $4,900,000,000, of 
which $1,642,500,000 shall be derived from the Airport and Airway 
Trust Fund: Provided, That notwithstanding any other provision 
of law, not to exceed $75,000,000 from additional user fees to 
be established by the Administrator of the Federal Aviation 
Administration shall be credited to this appropriation as offsetting 
collections and used for necessary and authorized expenses under 
this heading: Provided further. That the sum herein appropriated 
from the general fund shall be reduced on a dollar for dollar 
basis as such offsetting collections are received during fiscal year 
110 STAT. 2956 
PUBLIC LAW 104-205—SEPT. 30, 1996 
1997, to result in a final fiscal year 1997 appropriation 6*00 the 
general fiind estimated at not more than $3,182,500,000: Provided 
further, That the only additional user fees authorized as offsetting 
collections are fees for services provided to aircraft that neither 
take off from, nor land in, the United States: Provided 
further. 
That there may be credited to this appropriation, funds received 
from States, counties, municipalities, foreign authorities, other pub-
lic authorities, and private sources, for expenses incurred in the 
provision of agency services, including receipts for the maintenance 
and operation of air navigation facilities and, for issuance, renewal 
or modification of certificates, including airman, aircraft, and repair 
station certificates, or for tests related thereto, or for processing 
major repair or alteration forms: Provided further. That funds may 
be used to enter into a grant agreement with a nonprofit standard 
setting org£uiization to assist in the development of aviation safety 
standards: Provided further, That none of the funds in this Act 
shall be available for new applicants for the second career training 
program: Provided further. That none of the funds in this Act 
shall be available for paying premium pay under 5 U.S.C. 5546(a) 
to any Federal Aviation Administration employee unless such 
employee actually performed work during the time corresponding 
to such premium pay: Provided further, That none of the funds 
in this Act may be obligated or expended to operate a manned 
auxiliary flight service station in the contiguous United States: 
Provided further. That none of the funds derived from the Airport 
and Airway Trust Fund may be used to support the operations 
and activities of the Associate Administrator for Commercial Space 
Transportation. 
FACILITIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, for acquisi-
tion, establishment, and improvement by contract or purchase, and 
hire of air navigation and experimental facilities and equipment 
as authorized under part A of subtitle VII of title 49, United 
States Code, including initial acquisition of necessary sites by lease 
or grant; engineering and service testing, including construction 
of test facilities and acquisition of necessary sites by lease or grant; 
and construction and furnishing of quarters and related accommoda-
tions for officers and employees of the Federal Aviation Administra-
tion stationed at remote localities where such accommodations are 
not available; and the purchase, lease, or transfer of aircraft from 
funds available under this head; to be derived from the Airport 
and Airway Trust Fund, $1,790,000,000, of which $1,573,000,000 
shall remain available until September 30, 1999, and of which 
$217,000,000 shall remain available until September 30, 1997: Pro-
vided, That there may be credited to this appropriation funds 
received from States, counties, municipalities, other public authori-
ties, and private sources, for expenses incurred in the establishment 
and modernization of air navigation facilities. 
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2957 
RESEARCH, ENGINEERING, AND DEVELOPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, for 
research, engineering, and development, as authorized under part 
A of subtitle VII of title 49, United States Code, including construc-
tion of experimental facilities and acquisition of necessary sites 
by lease or grant, $187,412,000, to be derived from the Airport 
and Airway Trust Fund and to remain available until September 
30, 1999: Provided, That there may be credited to this appropriation 
funds received from States, counties, municipalities, other public 
authorities, and private sources, for expenses incurred for research, 
engineering, and development. 
GRANTS-IN-AID FOR AIRPORTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(AIRPORT AND AIRWAY TRUST FUND) 
For liquidation of obligations incurred for grants-in-aid for air-
port planning and development, and for noise compatibility planning 
and programs as authorized under subchapter I of chapter 471 
and subchapter I of chapter 475 of title 49, United States 
Code, 
and 
under 
other 
law 
authorizing 
such 
obligations, 
$1,500,000,000, to be derived from the Airport and Airway Trust 
Fund £ind to remain available until expended: Provided, That none 
of the funds in this Act shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$1,460,000,000 in fiscal year 1997 for grants-in-aid for airport plan-
ning and development, and noise compatibility planning and pro-
grams, notwithstanding section 47117(h) of title 49, United States 
Code. 
AVIATION INSURANCE REVOLVING FUND 
The Secretary of Transportation is hereby authorized to make 
such expenditures and investments, within the limits of funds avail-
able pursuant to 49 U.S.C. 44307, and in accordance with section 
104 of the Grovernment Corporation Control Act, as amended (31 
U.S.C. 9104), as may be necessary in carrying out the program 
for aviation insurance activities under chapter 443 of title 49, 
United States Code. 
AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM 
None of the funds in this Act shall be available for activities 
under this heading during fiscal year 1997. 
ADMINISTRATIVE SERVICES FRANCHISE FUND 
There is hereby established in the Treasury a fund, to be 
available without fiscal year limitation, for the costs of capitalizing 
and operating such administrative services as the FAA Adminis-
trator determines may be performed more advantageously as cen-
tralized services, including accounting, international 
training, 
payroll, travel, duplicating, multimedia and information technology 
services: Provided, That any inventories, equipment, and other 
49 use 40113 
note. 
49 use 40113 
note. 
110 STAT. 2958 
PUBLIC LAW 104-205—SEPT. 30, 1996 
assets pertaining to the services to be provided by such fund, 
either on hand or on order, less the related liabilities or unpaid 
obligations, and any appropriations made prior to the current year 
for the purpose of providing capital shall be used to capitalize 
such fund: Provided further, That such fund shall be paid in advance 
from funds available to the FAA and other Federal agencies for 
which such centralized services are performed, at rates which will 
return in full all expenses of operation, including accrued leave, 
depreciation of fund plant and equipment, amortization of Auto-
mated Data Processing (ADP) software and systems (either required 
or donated), and an amount necessary to maintain a reasonable 
operating reserve, as determined by the FAA Administrator: Pro-
vided further. That such fund shall provide services on a competitive 
basis: Provided further. That an amount not to exceed four percent 
of the total annual income to such fund may be retained in the 
fund for fiscal year 1997 and each year thereafter, to remain avail-
able until expended, to be used for the acquisition of capital equip-
ment and for the improvement and implementation of FAA financial 
management, ADP, and support systems: Provided further. That 
no later than thirty days after the end of each fiscal year, amounts 
in excess of this reserve limitation shall be transferred to mis-
cellaneous receipts in the Treasury. 
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON GENERAL OPERATING EXPENSES 
Necessary expenses for administration, operation, including 
motor carrier safety program operations, and research of the Federal 
Highway Administration not to exceed $521,114,000 shall be paid 
in accordance with law from appropriations made available by 
this Act to the Federal Highway Administration together with 
advances and reimbursements received by the Federal Highway 
Administration: Provided, That $221,958,000 of the amount pro-
vided herein shall remain available until September 30, 1999. 
HIGHWAY-RELATED SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out the provi-
sions of title 23, United States Code, section 402 administered 
by the Federal Highway Administration, to remain available until 
expended, $2,049,000 to be derived from the Highway Trust Fund. 
FEDERAL-AID HIGHWAYS 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
23 use 104 note. 
None of the funds in this Act shall be available for the 
implementation or execution of programs the obligations for which 
are in excess of $18,000,000,000 for Federal-aid highways and high-
way safety construction programs for fiscal year 1997. 
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2959 
FEDERAL-AID HIGHWAYS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For carrying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, including the 
National Scenic and Recreational Highway as authorized by 23 
U.S.C. 148, not otherwise provided, including reimbursements for 
sums expended pursuant to the provisions of 23 U.S.C. 308, 
$19,800,000,000 or so much thereof as may be available in and 
derived from the Highway Trust Fund, to remain available until 
expended. 
RIGHT-OF-WAY REVOLVING FUND 
(LIMITATION ON DIRECT LOANS) 
(HIGHWAY TRUST FUND) 
None of the funds under this head are available for obligations 
for right-of-way acquisition during fiscal year 1997. 
MOTOR CARRIER SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 49 U.S.C. 
31102, $74,000,000, to be derived from the Highway Trust Fund 
and to remain available until expended: Provided, That none of 
the funds in this Act shall be available for the implementation 
or execution of programs the obligations for which are in excess 
of $78,225,000 for "Motor Carrier Safety Grants". 
STATE INFRASTRUCTURE BANKS 
To carry out the State Infrastructure Bank Pilot Program (Pub-
lic Law 104-59, section 350), $150,000,000, to remain available 
until expended: Provided, That the Secretary may distribute these 
funds in a manner determined by the Secretary to any State for 
which a State Infrastructure Bank has been approved and the 
State has requested such funds: Provided further. That no distribu-
tion of funds made available under this heading shall be made 
prior to 180 days after the date of enactment of this Act: Provided 
further. That the Secretary may approve State Infrastructure Banks 
for more than 10 States: Provided further. That these funds shall 
be used to advance projects or programs under the terms and 
conditions of section 350: Provided further. That any State that 
receives such funds may deposit any portion of those funds into 
either the highway or transit account of the State Infrastructure 
Bank: Provided further. That the Secretary shall ensure that the 
Federal disbursements shall be at a rate consistent with historic 
rates for the Federal-aid highways program. 
110 STAT. 2960 
PUBLIC LAW 104-205—SEPT. 30, 1996 
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
OPERATIONS AND RESEARCH 
For expenses necessary to discharge the functions of the Sec-
retary with respect to traffic and highway safety under part C 
of subtitle VI of title 49, United States Code, and chapter 301 
of title 49, United States Code, $80,900,000, of which $45,646,000 
shall remain available until September 30, 1999: Provided, That 
none of the funds appropriated by this Act may be obligated or 
expended to plan, finalize, or implement any rulemaking to add 
to section 575.104 of title 49 of the Code of Federal Regulations 
any requirement pertaining to a grading standard that is different 
from the three grading standards (treadwear, traction, and tempera-
ture resistance) already in effect. 
OPERATIONS AND RESEARCH 
(HIGHWAY TRUST FUND) 
For expenses necessary to discharge the functions of the Sec-
retary with respect to traffic and highway safety under 23 U.S.C. 
403 and section 2006 of the Intermodal Surface Transportation 
Efficiency Act of 1991 (Public Law 102-240), to be derived from 
the Highway Trust Fund, $51,712,000, of which $27,066,000 shall 
remain available until September 30, 1999. 
HIGHWAY TRAFFIC SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For pajrment of obligations incurred carrying out the provisions 
of 23 U.S.C. 153, 402, 408, and 410, chapter 303 of title 49, United 
States Code, and section 209 of Public Law 95-599, as amended, 
to remain available until expended, $168,100,000, to be derived 
from the Highway Trust Fund: Provided, That, notwithstanding 
subsection 2009(b) of the Intermodal Surface Transportation Effi-
ciency Act of 1991, none of the funds in this Act shall be available 
for the planning or execution of programs the total obligations 
for which, in fiscal year 1997, are in excess of $168,100,000 for 
programs authorized under 23 U.S.C. 402 and 410, as amended, 
of which $128,700,000 shall be for "State and community highway 
safety grants", $2,400,000 shall be for the "National Driver Reg-
ister", $11,500,000 shall be for highway safety grants as authorized 
by section 1003(a)(7) of Public Law 102-240, and $25,500,000 shall 
be for section 410 "Alcohol-impaired driving counter-measures pro-
grams": Provided further, That none of these funds shall be used 
for construction, rehabilitation or remodeling costs, or for office 
furnishings and fixtures for State, local, or private buildings or 
structures: Provided further. That not to exceed $5,468,000 of the 
funds made available for section 402 may be available for admin-
istering "State and community highway safety grants": Provided 
further. That not to exceed $150,000 of the funds made available 
for section 402 may be available for administering the highway 
safety grants authorized by section 1003(a)(7) of Public Law 102-
240: Provided further. That the unobligated balances of the appro-
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2961 
priation "Highway-Related Safety Grants" shall be transferred to 
and merged with this "Highway Traffic Safety Grants" appropria-
tion: Provided further, That not to exceed $500,000 of the funds 
made available for section 410 "Alcohol-impaired driving counter-
measures programs" shall be available for technical assistance to 
the States. 
FEDERAL RAILROAD ADMINISTRATION 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Federal Railroad Administration, 
not otherwise provided for, $16,739,000, of which $1,523,000 shall 
remain available until expended: Provided, That none of the funds 
in this Act shall be available for the planning or execution of 
a program making commitments to guarantee new loans under 
the Emergency Rail Services Act of 1970, as amended, and no 
new commitments to guarantee loans under section 211(a) or 211(h) 
of the Regional Rail Reorganization Act of 1973, as amended, shall 
be made: Provided further. That, as part of the Washington Union 
40 USC 817 note. 
Station transaction in which the Secretary assumed the first deed 
of trust on the property and, where the Union Station Redevelop-
ment Corporation or any successor is obligated to make payments 
on such deed of trust on the Secretary's behalf, including payments 
on and after September 30, 1988, the Secretary is authorized to 
receive such pajonents directly from the Union Station Redevelop-
ment Corporation, credit them to the appropriation charged for 
the first deed of trust, and make payments on the first deed of 
trust with those funds: Provided further. That such additional sums 
as may be necessary for payment on the first deed of trust may 
be advanced by the Administrator from unobligated balances avail-
able to the Federal Railroad Administration, to be reimbursed from 
payments 
received 
from 
the 
Union 
Station 
Redevelopment 
Corporation. 
RAILROAD SAFETY 
For necessary expenses in connection with railroad safety, not 
otherwise provided for, $51,407,000, of which $2,476,000 shall 
remain available until expended: Provided, That notwithstanding 
any other law, funds appropriated under this heading are available 
for the reimbursement of out-of-state travel and per diem costs 
incurred by employees of State governments directly supporting 
the Federal railroad safety program, including regulatory develop-
ment Eind compliance-related activities. 
RAILROAD RESEARCH AND DEVELOPMENT 
For necessary expenses for railroad research and development, 
$20,100,000, to remain available until expended. 
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM 
For necessary expenses related to Northeast Corridor improve-
ments authorized by title VII of the Railroad Revitalization and 
Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et 
seq.) and 49 U.S.C. 24909, $115,000,000, to remain available until 
September 30, 1999. 
110 STAT. 2962 
PUBLIC LAW 104-205—SEPT. 30, 1996 
HIGH-SPEED RAIL TRAINSETS AND FACILITIES 
For the National Railroad Passenger Corporation, $80,000,000, 
to remain available until September 30, 1999, to pursue public/ 
private partnerships for high-speed rail trainset and maintenance 
facility financing arrangements. 
RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM 
The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to 
section 512 of the Railroad Revitalization and Regulatory Reform 
Act of 1976 (Public Law 94-210), as amended, in such amounts 
and at such times as may be necessary to pay any amounts required 
pursuant to the guarantee of the principal amount of obligations 
under sections 511 through 513 of such Act, such authority to 
exist as long as any such guaranteed obligation is outstanding: 
Provided, That no new loan guarantee commitments shall be made 
during fiscal year 1997. 
NEXT GENERATION HIGH-SPEED RAIL 
For necessary expenses for Next Generation High-Speed Rail 
studies, corridor 
planning, 
development, 
demonstration, 
and 
implementation, $24,757,000, to remain available until expended: 
Provided, That funds under this head may be made available for 
grants to States for high-speed rail corridor design, feasibility 
studies, 
environmental 
analyses, 
and 
track 
and 
signal 
improvements. 
TRUST FUND SHARE OF NEXT GENERATION HIGH-SPEED RAIL 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FTTND) 
For grants and pajonent of obligations incurred in carrying 
out the provisions of the High-Speed Ground Transportation pro-
gram as defined in subsections 1036(c) and 1036(d)(1)(B) of the 
Intermodal Surface Transportation Efficiency Act of 1991, including 
planning and environmental analyses, $2,855,000, to be derived 
from the Highway Trust Fund and to remain available until 
expended. 
ALASKA RAILROAD REHABILITATION 
To enable the Secretary of Transportation to make grants to 
the Alaska Railroad, $10,000,000 shall be for capital rehabilitation 
and improvements benefiting its passenger operations. 
RHODE ISLAND RAIL DEVELOPMENT 
For the costs associated with construction of a third track 
on the Northeast Corridor between Davisville and Central Falls, 
Rhode Island, with sufficient clearance to accommodate double stack 
freight cars, $7,000,000 to be matched by the State o
f
* Rhode Island 
or its designee on a dollar for dollar basis and to remain available 
Contracts. 
until expended: Provided, That as a condition of accepting such 
funds, the Providence and Worcester (P&W) Railroad shall enter 
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2963 
into an agreement with the Secretary to reimburse Amtrak and/ 
or the Federal Railroad Administration, on a dollar for dollar basis, 
up to the first $13,000,000 in damages resulting from the legal 
action initiated by the P&W Railroad under its existing contracts 
with Amtrak relating to the provision of vertical clearances between 
Davisville and Central Falls in excess of those required for present 
freight operations. 
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION 
To enable the Secretary of Transportation to make grants to 
the National Railroad Passenger Corporation authorized by 49 
U.S.C. 24104, $565,450,000, to remain available until expended, 
of which $342,000,000 shall be available for operating losses and 
for mandatory passenger rail service payments, and $223,450,000 
shall be for capital improvements: Provided, That funding under 
this head for capital improvements shall not be made available 
before July 1, 1997: Provided further. That none of the funds herein 
appropriated shall be used for lease or purchase of passenger motor 
vehicles or for the hire of vehicle operators for any officer or 
employee, other than the president of the Corporation, excluding 
the lease of passenger motor vehicles for those officers or employees 
while in official travel status. 
FEDERAL TRANSIT ADMINISTRATION 
ADMINISTRATIVE EXPENSES 
For necessary administrative expenses of the Federal Transit 
Administration's programs authorized by chapter 53 of title 49, 
United States Code, $41,497,000. 
FORMULA GRANTS 
For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2), 
5311, and 5336, to remain available until expended, $490,000,000: 
Provided, That no more than $2,149,185,000 of budget authority 
shall be available for these purposes: Provided further. That of 
the funds provided under this head for formula grants, no more 
than $400,000,000 may be used for operating assistance under 
49 U.S.C. 5336(d): Provided further. That the limitation on operat- Urban and rural 
ing assistance provided under this heading shall, for urbanized areas. 
areas of less than 200,000 in population, be no less than seventy-
five percent of the amount of operating assistance such areas are 
eligible to receive under Public Law 103-331: Provided 
further, 
That in the distribution of the limitation provided under this head-
ing to urbginized areas that had a population under the 1990 census 
of 1,000,000 or more, the Secretary shall direct each such area 
to give priority consideration to the impact of reductions in operat-
ing assistance on smaller transit authorities operating within the 
area and to consider the needs and resources of such transit authori-
ties when the limitation is distributed among all transit authorities 
operating in the area. 
110 STAT. 2964 
PUBLIC LAW 104-205—SEPT. 30, 1996 
UNIVERSITY TRANSPORTATION CENTERS 
For necessary expenses for university transportation centers 
as authorized by 49 U.S.C. 5317(b), to remain available until 
expended, $6,000,000. 
TRANSIT PLANNING AND RESEARCH 
For necessary expenses for transit planning and research as 
authorized by 49 U.S.C. 5303, 5311, 5313, 5314, and 5315, to 
remain available until expended, $85,500,000, of which $39,500,000 
shall be for activities under Metropolitan Planning (49 U.S.C. 5303); 
$4,500,000 for activities under Rural Transit Assistance (49 U.S.C. 
5311(b)(2)); $8,250,000 for activities under State Planning and 
Research (49 U.S.C. 5313(b)); $22,000,000 for activities under 
National Planning and Research (49 U.S.C. 5314); $8,250,000 for 
activities under Transit Cooperative Research (49 U.S.C. 5313(a)); 
and $3,000,000 for National Transit Institute (49 U.S.C. 5315). 
TRUST FUND SHARE OF EXPENSES 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 49 U.S.C. 
5338(a), $1,920,000,000, to remain available until expended and 
to be derived from the Highway Trust Fund: Provided, 
That 
$1,920,000,000 shall be paid from the Mass Transit Account of 
the Highway Trust Fund to the Federal Transit Administration's 
formula grants account. 
DISCRETIONARY GRANTS 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
None of the funds in this Act shall be available for the 
implementation or execution of programs the obligations for which 
are in excess of $1,900,000,000 in fiscal year 1997 for grants under 
the contract authority in 49 U.S.C. 5338(b): Provided, That there 
shall be available for fixed guideway modernization, $760,000,000; 
there shall be available for the replacement, rehabilitation, and 
purchase of buses and related equipment and the construction 
of bus-related facilities, $380,000,000; and, notwithstanding any 
other provision of law, except for fixed guideway modernization 
projects, $8,890,000 made available under Public Law 102-240 and 
Public Law 102-143 under "Federal Transit Administration, Discre-
tionary Grants" for projects specified in those Acts or identified 
in reports accompanying those Acts, not obligated by September 
30, 1996; together with, notwithstanding any other provision of 
law, $744,000 funds made available for the "New Bedford and 
Fall River Massachusetts commuter rail extension" under Public 
Law 103-331; together with, notwithstanding any other provision 
of law, $47,322,000 funds made available for the "Chicago Central 
Area Circulator Project" in Public Law 103-122 and Public Law 
103-331, shall be made available for new fixed guideway systems 
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2965 
together with the $760,000,000 made available for new fixed guide-
way systems in this Act, to be available as follows: 
$6,390,000 for the Alaska-Hollis to Ketchikan ferry project; 
$64,410,000 for the Atlanta-North Springs project; 
$10,260,000 for the Baltimore-LRT Extension project; 
$30,000,000 for the Boston Piers-MOS-2 project; 
$1,000,000 for the Burlington-Charlotte, Vermont com-
muter rail project; 
$3,500,000 for the Canton-Akron-Cleveland commuter rail 
project; 
$22,500,000, notwithstanding any other provision of law, 
for transit improvements in the Chicago downtown area; 
$3,000,000 
for 
the 
Cincinnati 
Northeast-Northern 
Kentucky rail line project; 
$11,000,000 for the DART North Central light rail exten-
sion project; 
$15,250,000 for the Dallas-Fort Worth RAILTRAN project; 
$661,000,000 for the DeKalb County, Georgia light rail 
project; 
$1,500,000 for the Denver Southwest Corridor project; 
$9,000,000 for the Florida Tri-County commuter rail 
project; 
$1,000,000 for the GrifTm light rail project; 
$40,590,000 for the Houston Regional Bus project; 
$5,500,000 
for 
the 
Jackson, 
Mississippi 
Intermodal 
Corridor; 
$15,000,000 for the Jacksonville ASE extension project; 
$3,000,000 for the Kansas City Southtown corridor project; 
$2,000,000 for the Little Rock, Arkansas Junction Bridge 
project; 
$70,000,000 for the Los Angeles-MOS-3 project; 
$1,500,000 for the Los Angeles-San Diego commuter rail 
project; 
$33,191,000 for the MARC Commuter Rail Improvements 
project; 
$1,500,000 for the Metro-Dade Transit east-west corridor, 
Florida project; 
$1,000,000 for the Miami-North 27th Avenue project; 
$3,039,000 for the Memphis, Tennessee Regional Rail Plan; 
$4,240,000 for the Morgantown, West Virginia Personal 
Rapid Transit System; 
$10,000,000 for the New Jersey Urban Core/Hudson-Bergen 
LRT project; 
$105,530,000 for the New Jersey Urban Core/Secaucus 
project; 
$500,000 for the New Jersey West Trenton commuter rail 
project; 
$8,000,000 for the New Orleans Canal Street Corridor 
project; 
$2,000,000 for the New Orleans Desire Streetcar project; 
$35,020,000 for the New York-Queens Connection project; 
$500,000 for the Northern Indiana commuter rail project; 
$2,000,000 for the Oklahoma City, MAPS corridor transit 
system; 
$3,000,000 for the Orange County transitway project; 
$2,000,000 for the Orlando Lynx light rail project; 
$10,000,000 for the Pittsburgh Airport busway project; 
110 STAT. 2966 
PUBLIC LAW 104-205—SEPT. 30, 1996 
$6,000,000 for the Portland South/North light rail transit 
project; 
$138,000,000 for the Portland-Westside/Hillsboro Extension 
project; 
$2,000,000 for the Research Triangle Park, North Carolina 
regional transit plan; 
$6,000,000 for the Sacramento LRT Extension project; 
$35,000,000 for the Salt Lake City-South LRT project, of 
which $10,000,000 may be available for high-occupancy vehicle 
lane and corridor design costs; 
$13,500,000 for St. Louis Metrolink; 
$32,000,000 for the St. Louis-St. Clair Extension project; 
$27,500,000 for the San Francisco Area-BART airport 
extension/San Jose Tasman West LRT projects; 
$1,500,000 for the San Diego-Mid-Coast Corridor project; 
$4,750,000 for the San Juan Tren Urbano project; 
$3,000,000 for the Seattle-Renton-Tacoma light rail project; 
$375,000 for the Staten Island-Midtown Ferry service 
project; 
$2,000,000 for the Tampa Bay Regional Rail project; 
$3,000,000 for the Virginia Rail Express Richmond to 
Washington communter rail project; and 
$3,750,000 for the Whitehall ferry terminal. New York, 
New York. 
MASS TRANSIT CAPITAL FUND 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For pajonent of obligations incurred in carrying out 49 U.S.C. 
5338(b) administered by the Federal Transit 
Administration, 
$2,300,000,000, to be derived from the Highway Trust Fund and 
to remain available until expended. 
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 
For necessary expenses to carry out the provisions of section 
14 of Pubhc Law 96-184 and Public Law 101-551, $200,000,000, 
to remain available until expended. 
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION 
The Saint Lawrence Seaway Development Corporation is 
hereby authorized to make such expenditures, within the limits 
of funds and borrowing authority available to the Corporation, 
and in accord with law, and to make such contracts and commit-
ments without regard to fiscal year limitations as provided by 
section 104 of the Government 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. 
OPERATIONS AND MAINTENANCE 
(HARBOR MAINTENANCE TRUST FUND) 
For necessary expenses for operation and maintenance of those 
portions of the Saint Lawrence Seaway operated and maintained 
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2967 
by the Saint Lawrence Seaway Development Corporation, including 
the Great Lakes Pilotage functions delegated by the Secretary of 
Transportation, $10,337,000, to be derived from the Harbor Mainte-
nance 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, $26,886,000, of 
which $574,000 shall be derived from the Pipeline Safety Fund, 
and of which $7,101,000 shall remain available until September 
30, 1999: 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 funds received from States, coun-
ties, municipalities, other public authorities, and private sources 
for expenses incurred for training, for reports publication and 
dissemination. 
PIPELINE SAFETY 
(PIPELINE SAFETY FUND) 
For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the 
pipeline program responsibilities of the Oil Pollution Act of 1990, 
$30,988,000, of which $2,528,000 shall be derived from the Oil 
Spill Liability Trust Fund and shall remain available until Septem-
ber 30, 1999; and of which $28,460,000 shall be derived from 
the Pipeline Safety Fund, of which $15,500,000 shall remain avail-
able until September 30, 1999: Provided, 
That in addition to 
amounts made available for the Pipeline Safety Fund, $1,000,000 
shall be available for grants to States for the development and 
establishment of one-call notification systems and shall be derived 
from amounts previously collected under section 7005 of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985. 
EMERGENCY PREPAREDNESS GRANTS 
(EMERGENCY PREPAREDNESS FUND) 
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, 
to be derived from the Emergency Preparedness Fund, to remain 
available until September 30, 1999: 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 Sec-
retary 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 General Act of 1978, 
as amended, $37,900,000: Provided, That none of the funds under 
this heading shall be for the conduct of contract audits. 
110 STAT. 2968 
PUBLIC LAW 104-205—SEPT. 30, 1996 
SURFACE TRANSPORTATION BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $12,344,000: Pro-
vided, That $3,000,000 in fees collected in fiscal year 1997 by 
the Surface Transportation Board pursuant to 31 U.S.C. 9701 shall 
be made available to this appropriation in fiscal year 1997: Provided 
further, That any fees received in excess of $3,000,000 in fiscal 
year 1997 shall remain available until expended, but shall not 
be available for obligation until October 1, 1997. 
TITLE II 
RELATED AGENCIES 
ARCHITECTURAL AND TRANSPORTATION BARRIERS 
COMPLIANCE BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Architectural and Transpor-
tation Barriers Compliance Board, as authorized by section 502 
of the Rehabilitation Act of 1973, as amended, $3,540,000: 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 Transportation Safety 
Board, 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), $42,407,000, of which not to exceed $2,000 may be 
used for official reception and representation expenses. 
TITLE III—GENERAL PROVISIONS 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 301. During the current fiscal year applicable appropria-
tions 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 busi-
ness; 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 1997 
pay raises for programs funded in this Act shall be absorbed within 
the levels appropriated in this Act or previous appropriations Acts. 
49 use 106 note. 
SEC. 303. Funds appropriated under this Act for expenditures 
by the Federal Aviation Administration shall be available (1) except 
as otherwise authorized by title VIII of the Elementary and 
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2969 
Secondary Education Act of 1965, 20 U.S.C. 7701, et seq., for 
expenses of primary and secondary schooling for dependents of 
Federal Aviation Administration personnel stationed outside the 
continental 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 provide 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 residence when the Secretary, under such regulations as may 
be prescribed, determines that such schools are not accessible by 
public means of transportation on a regular basis. 
SEC. 304. Appropriations contained in this Act for the Depart-
ment 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. 
SEC. 305. None of the funds in this Act shall be available 
for salaries and expenses of more than one hundred seven political 
and Presidential appointees in the Department of Transportation: 
Provided, That none of the personnel covered by this provision 
may be assigned on temporary 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 appropriations, unless expressly 
so provided herein. 
SEC. 308. The Secretary of Transportation may enter into 
grants, cooperative agreements, and other transactions 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 Assistance Act of 1992 and related legislation: Provided, 
That the authority provided in this section may be exercised without 
regard to section 3324 of title 31, United States Code. 
SEC. 309. The expenditure of any appropriation under this Contracts. 
Act for any consulting service through procurement contract pursu- Public 
ant to section 3109 of title 5, United States Code, shall be limited information. 
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 
issued pursuant to existing law. 
SEC. 310. (a) For fiscal year 1997 the Secretary of Transpor- 
23 USC 104 note, 
tation shall distribute the obligation limitation for Federal-aid 
highways by allocation in the ratio which sums authorized to be 
appropriated for Federal-aid highways that are apportioned or allo-
cated to each State for such fiscal year bear to the total of the 
sums authorized to be appropriated for Federal-aid highways that 
are apportioned or allocated to all the States for such fiscal year. 
(b) During the period October 1 through December 31, 1996, 
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 period shall not exceed 12 per 
110 STAT. 2970 
PUBLIC LAW 104-205—SEPT. 30, 1996 
centum of the total amount distributed to all States under such 
subsection. 
(c) Notwithstanding subsections (a) and (b), the Secretary 
shall— 
(1) provide all States with authority sufficient to prevent 
lapses of sums authorized to be appropriated for Federal-aid 
highways that have been apportioned to a State; 
(2) after August 1, 1997, revise a distribution of the funds 
made available under subsection (a) if a State will not obligate 
the amount distributed during 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 Pubhc Law 102-240; and 
(3) not distribute amounts authorized for administrative 
expenses and funded from the administrative takedown author-
ized by section 104(a) of title 23, United States Code, the 
Federal lands highway program, the intelligent transportation 
systems program, and amounts made available under sections 
1040, 1047, 1064, 6001, 6005, 6006, 6023, and 6024 of Public 
Law 102-240, and 49 U.S.C. 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 construction pro-
grams under the head "Federal-Aid Highways" in this Act. 
(d) During the period October 1 through December 31, 1996, 
the aggregate amount of obligations under section 157 of title 
23, United States Code, for projects covered under section 147 
of the Surface Transportation Assistance Act of 1978, section 9 
of the Federal-Aid Highway Act of 1981, sections 131(b), 1310), 
and 404 of Public Law 97-424, sections 1061, 1103 through 1108, 
4008, and 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, 1997, 
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 1013(c) and 1015 of Public Law 102-240, and 
(2) for highway assistance projects under section 103(e)(4) 
of title 23, United States Code, 
which would not be obligated in fiscal year 1997 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, 1997, has the amount distributed to such State 
under paragraph (a) for fiscal year 1997 reduced under paragraph 
(c)(2). 
(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 highways program, and whenever an appor-
tionment is made of the sums authorized to be appropriated 
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2971 
for expenditure on the surface transportation program, the 
congestion mitigation and air quaUty improvement program, 
the National Highway System, the Interstate maintenance pro-
gram, the Interstate reimbursement 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 4V4 per centum 
of all sums to be authorized as the Secretary may determine 
necessary for administering the provisions 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 making 
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 Transpor-
tation in accordance with this Act shall be deemed to be a 
deduction under section 104(a) of title 23, United States Code. 
SEC. 311. The limitation on obligations for the programs of 49USC5338 
the Federal Transit Administration shall not apply to any authority "^ote. 
under 49 U.S.C. 5338, previously made available for obligation, 
or to any other authority previously made available for obligation 
under the discretionary 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 available 
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 
49 USC 44502 
may transfer, without consideration, to the Federal Aviation 
^o^-
Administration (FAA) instrument landing systems (along with asso-
ciated approach lighting equipment and runway visual range equip-
ment) which conform to FAA design and performance specifications, 
the purchase of which was assisted by a Federal airport aid pro-
gram, airport development aid program or airport improvement 
program grant. The FAA shall accept such equipment, which shall 
thereafter be operated and maintained by the FAA in accordance 
with agency criteria. 
SEC. 315. None of the funds in this Act shall be available 
to award a multiyear contract for production end items that (1) 
includes economic order quantity or long lead time material procure-
ment in excess of $10,000,000 in any one year of the contract 
or (2) includes a cancellation charge greater than $10,000,000 which 
at the time of obligation has not been appropriated to the limits 
of the Grovemment's liability or (3) includes a requirement that 
permits performance under the contract during the second and 
subsequent years of the contract without conditioning such perform-
ance upon the appropriation of funds: Provided, That this limitation 
does not apply to a contract in which the Federal Grovernment 
incurs no financial liability from not buying additional systems, 
subsystems, or components beyond the basic contract requirements. 
SEC. 316. None of the funds provided in this Act shall be 
made available for planning and executing a passenger manifest 
110 STAT. 2972 
PUBLIC LAW 104-205—SEPT. 30, 1996 
program by the Department of Transportation that only appUes 
to United States flag carriers. 
SEC. 317. Notwithstanding any other provision of law, and 
except for fixed guideway modernization projects, funds made avail-
able by this Act under "Federal Transit Administration, Discre-
tionary grants" for projects specified in this Act or identified in 
reports accompanying this Act not obligated by September 30, 1999, 
shall be made available for other projects under 49 U.S.C. 5309. 
SEC. 318. 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. 319. 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. 320. None of the funds in this Act may be used to com-
pensate in excess of 335 technical staff years under the federally-
funded research and 
development center contract between the 
Federal Aviation Administration and the Center for Advanced Avia-
tion Systems Development during fiscal year 1997. 
SEC. 321. Funds provided in this Act for the Transportation 
Administrative 
Service Center 
(TASC) shall be reduced 
by 
$10,000,000, which limits fiscal year 1997 TASC obligational 
authority for elements of the Department of Transportation funded 
in this Act to no more than $114,812,000: Provided, That such 
reductions from the budget request shall be allocated by the Depart-
ment of Transportation to each appropriations account in proportion 
to the amount included in each account for the Transportation 
Administrative Service Center. 
SEC. 322. Funds received by the Federal Highway Administra-
tion, Federal 
Transit 
Administration, 
and 
Federal 
Railroad 
Administration from States, counties, municipalities, other public 
authorities, and private sources for expenses incurred for training 
may be credited respectively to the Federal Highway Administra-
tion's "Limitation on General Operating Expenses" account, the 
Federal Transit Administration's "Transit Planning and Research" 
account, and to the Federal Railroad Administration's "Railroad 
Safety" account, except for State rail safety inspectors participating 
in training pursuant to 49 U.S.C. 20105. 
SEC. 323. None of the funds in this Act shall be available 
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 econ-
omy standards for automobiles, as defined in such title, in any 
model year that differs from standards promulgated for such auto-
mobiles prior to enactment of this section. 
SEC. 324. None of the funds in this Act may be used for 
planning, engineering, design, or construction of a sixth runway 
at the new Denver International Airport, Denver, Colorado: Pro-
vided, That this provision shall not apply in any case where the 
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2973 
Administrator of the Federal Aviation Administration determines, 
in writing, that safety conditions warrant obUgation of such funds. 
SEC. 325. Notwithstanding 31 U.S.C. 3302, funds received by 
the Bureau of Transportation Statistics from the sale of data prod-
ucts, for necessary expenses incurred pursuant 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 purpose of reimbursing the Bureau for such expenses: Pro-
vided, That such funds shall not be subject to the obligation limita-
tion for Federal-aid highways and highway safety construction. 
That in addition to amounts otherwise provided in this Act, not 
to exceed $3,100,000 in expenses of the Bureau of Transportation 
Statistics necessary to conduct activities related to airline statistics 
may be incurred, but only to the extent such expenses are offset 
by user fees charged for those activities and credited as offsetting 
collections. 
SEC. 326. The Secretary of Transportation is authorized to 
transfer funds appropriated in this Act to "Rental payments" for 
any expense authorized by that appropriation in excess of the 
amounts provided in this Act: Provided, That prior to any such Notification, 
transfer, notification shall be provided to the House and Senate 
Committees on Appropriations. 
SEC. 327. None of the funds in this Act may be obligated 
or expended for employee training which: (a) does not meet identi-
fied needs for knowledge, skills and abilities bearing directly upon 
the performance of official duties; (b) contains elements likely to 
induce high levels of emotional response or psychological stress 
in some participants; (c) does not require prior employee notification 
of the content and methods to be used in the training and written 
end of course evaluations; (d) contains any methods 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 lifestyle outside the workplace; or (f) includes content related 
to human immunodeficiency virus/acquired immune deficiency syn-
drome (HIV/AIDS) other than that necessary to make employees 
more aware of the medical ramifications of HIV/AIDS and the 
workplace rights of HIV-positive employees. 
SEC. 328. 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. 329. 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. 
110 STAT. 2974 
PUBLIC LAW 104-205—SEPT. 30, 1996 
Applicability. 
SEC. 330. 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. 331. Not to exceed $1,250,000 of the funds provided in 
this Act for the Department of Transportation shall be available 
for the necessary expenses of advisory committees. 
SEC. 332. 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. 333. No funds other than those appropriated to the Surface 
Transportation Board shall be used for conducting the activities 
of the Board. 
SEC. 334. 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, zon-
ing, 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 jurisdiction 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 Northeast Corridor Improvement 
Project (including without limitation maintenance, service, inspec-
tion 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 improvements for 
the benefit of any mortgagee before, upon and after coming into 
possession of such improvements or land, any third party pur-
chasers thereof in foreclosure (or through a deed in lieu of fore-
closure), and their respective successors and assigns, in each case 
to the extent the land or improvements are used, or held for 
use, for railroad purposes or purposes accessory thereto. This sub-
section (m) shall not apply to any improvement or related land 
unless Amtrak receives a Federal operating subsidy in the fiscal 
year in which Amtrak commits to or initiates such improvement.". 
SEC. 335. None of the funds made available in this Act may 
be used to construct, or to pay the salaries or expenses of Depart-
ment of Transportation personnel who approve or facilitate the 
construction of, a third track on the Metro-North Railroad Harlem 
Line in the vicinity of Bronxville, New York, when it is made 
known to the Federal official having authority to obligate or expend 
such funds that a final environmental impact statement has not 
been completed for such construction project. 
SEC. 336. Section 5328(c)(1)(E) of title 49, United States Code, 
is amended— 
(1) by striking "Westside" the first place it appears; 
(2) by striking "and" after "101-584,"; and 
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2975 
(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 
105 Stat. 2129. 
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 
29-194 0-96-5:QL3Part4 
110 STAT. 2976 
PUBLIC LAW 104-205—SEPT. 30, 1996 
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. 
Amtrak. 
SEC. 347. Hereinafter, the National Railroad Passenger Cor-
49 use 24301 
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. Notwithstsmding 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. 
5 use 5597. 
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; 
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2977 
(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 pajrment by the Federal 
Grovemment under this section or any other authority and 
has not repaid such pajrment; 
(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 pajnnents, 
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. 
110 STAT. 2978 
PUBLIC LAW 104-205—SEPT. 30, 1996 
(2) AMOUNT AND TREATMENT OF PAYMENTS.—^A voluntary 
separation incentive pa3nnent— 
(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) £in 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 Grovem-
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 gmy 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 pa5nnent 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 pa3rment 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 pajonent. 
(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-
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2979 
section, positions shall be counted on a full-time-equivalent 
basis. 
(2) ENFORCEMENT.—The President, through the Office of President. 
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. 
SEC. 350. Treatment of Certain Pending Child Custody Cases 
in Superior Court of District of Columbia.— 
(a) IN GENERAL.—Subchapter II of chapter 9 of title 11, District 
of Columbia Code, is amended by adding at the end the following 
new section: 
''§11-925. Rules regarding certain pending child custody 
cases. 
"(a) In any pending case involving custody over a minor child 
or the visitation rights of a parent of a minor child in the Superior 
Court which is described in subsection (b)— 
"(1) at anytime after the child attains 13 years of age, 
the party to the case who is described in subsection (bXl) 
may not have custody over, or visitation rights with, the child 
without the child's consent; and 
"(2) if any person had actual or legal custody over the 
child or offered safe refuge to the child while the case (or 
other actions relating to the case) was pending, the court may 
not deprive the person of custody or visitation rights over 
the child or otherwise impose sanctions on the person on the 
grounds that the person had such custody or offered such 
refuge. 
"(b) A case described in this subsection is a case in which— 
"(1) the child asserts that a party to the case has been 
sexually abusive with the child; 
"(2) the child has resided outside of the United States 
for not less than 24 consecutive months; 
"(3) any of the parties to the case has denied custody 
or visitation to another party in violation of gin order of the 
court for not less than 24 consecutive months; and 
"(4) any of the parties to the case has lived outside of 
the District of Columbia during such period of denial of custody 
or visitation.". 
(b) CLERICAL AMENDMENT.—^The table of sections for subchapter 
II of chapter 9 of title 11, D.C. Code, is amended by adding at 
the end the following new item: 
"11-925. Rules regarding certain pending child custody cases.". 
(c) EFFECTIVE D A T E . — 
Applicability. 
(1) IN GENERAL.—^The amendments made by this section 
shall apply to cases brought in the Superior Court of the 
District of Columbia before, on, or after the date of the enact-
ment of this Act. 
(2) CONTINUATION OF PROVISIONS UNTIL TERMINATION.— 
The provisions of section 11-925, District of Columbia Code 
(as added by subsection (a)), shall apply to any case described 
in paragraph (1) until the termination of the case. 
SEC. 351. Not later than December 31, 1997, the Administrator 
49USC 40110 
of the Federal Aviation Administration shall— 
note. 
110 STAT. 2980 
PUBLIC LAW 104-205—SEPT. 30, 1996 
Contracts. 
(a) take such action as may be necessary to provide for 
an independent assessment of the acquisition management sys-
tem of the Federal Aviation Administration that includes a 
review of any efforts of the Administrator in promoting and 
encouraging the use of full and open competition as the pre-
ferred method of procurement with respect to any contract 
that involves an amount greater than $50,000,000; and 
Reports. 
(b) submit to the Congress a report on the findings of 
that independent assessment: Provided, That for purposes of 
this section, the term "full and open competition" has the 
meaning provided that term in section 4(6) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403(6)). 
SEC. 352. 49 U.S.C. 31112 is amended by adding the following 
new subsection: 
"(4) Nebraska may continue to allow to be operated under 
paragraphs (b)(1) and (b)(2) 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 bound£iries to transport sugar beets from the field where 
such sugar beets are harvested to storage, market, factory 
or stockpile or from stockpile to storage, market or factory. 
Expiration date. 
This provision shall expire on September 30, 1997.". 
SEC. 353. (a) Section 120(c) of title 23, United States Code, 
is amended by inserting "rail-highway crossing closure," after "car-
pooling and vanpooling,". 
(b) Section 130 of such title is amended by adding at the 
end the following: 
"(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 railway-highway crossings under the jurisdiction of 
such governments. 
"(2) INCENTIVE PAYMENTS BY RAILROADS.—^A State may not 
make an incentive pajonent 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 incen-
tive pajnnent payable to a local government 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 crossing by the railroad 
concerned under paragraph (2); or 
"(B) $7,500. 
"(4) USE OF STATE PAYMENTS.—A local government receiv-
ing an incentive payment from a State under paragraph (1) 
shall use the amount of the incentive payment for transpor-
tation SEifety improvements.". 
SEC. 354. LIMITATION ON FUNDS USED TO ENFORCE REGULA-
TIONS REGARDING ANIMAL FATS AND VEGETABLE OILS.—^None of 
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2981 
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. 355. Of the funds made available to the Federal Railroad 
Administration, up to $200,000 may be made available from the 
Office of the Administrator to establish and operate the Institute 
for Railroad Safety as authorized by the Swift Rail Development 
Act of 1994. 
SEC. 356. No funds appropriated under this Act shall be used 
to levy penalties prior to September 1, 1997, on the States of 
Maine or New Hampshire based on non-compliance with Federal 
vehicle weight limitations. 
TITLE IV—MISCELLANEOUS HIGHWAY PROVISIONS 
SEC. 401. Notwithstanding any other provision of law, 
semitrailer units operating in a truck tractor-semitrailer combina-
tion whose semitrailer unit is more than forty-eight feet in length 
and truck tractor-semitrailer-trailer combinations specified in sec-
tion 31111(b)(1) of title 49, United States Code, may not operate 
on United States Route 15 in Virginia between the Maryland border 
and the intersection with United States Route 29. 
SEC. 402. Item 30 of the table contained in section 1107(b) 
of the Intermodal Surface Transportation Efficiency Act of 1991 
(105 Stat. 2050), relating to Mobile, Alabama, is amended in the 
second column by inserting after "Alabama" the following: "and 
for feasibility studies, preliminary engineering, and construction 
of a new bridge and approaches over the Mobile River", 
SEC. 403. Item 94 of the table contained in section 1107(b) 
of the Intermodal Surface Transportation Efficiency Act of 1991 
(105 Stat. 2052), relating to St. Thomas, Virgin Islands, is 
amended— 
(1) by striking "St. Thomas,"; and 
(2) by inserting after "the island" the following: "of St. 
Thomas and improvements to the VIPA Molasses Dock inter-
modal port facility on the island of St. Croix to make the 
facility capable of handling multiple cargo tasks". 
SEC. 404. The funds authorized to be appropriated for highway-
railroad grade crossing separations in Mineola, New York, under 
the head "Highway-Railroad Grade Crossing Safety Demonstration 
Project (Highway Trust Fund)" in House Report 99-976 and section 
302(1) of Public Law 99-591 are hereby also authorized to be appro-
priated for other grade crossing improvements in Nassau and Suf-
folk Counties in New York and shall be available in accordance 
with the terms of the original authoriziaton in House Report 99-
976. 
SEC. 405. The Secretary of Transportation is hereby authorized 
to enter into an agreement modifjdng the agreement entered into 
pursuant to section 336 of the Department of Transportation and 
Related Agencies Appropriations Act, 1995 (Public Law 103-331) 
110 STAT. 2982 
PUBLIC LAW 104-205—SEPT. 30, 1996 
and section 356 of the Department of Transportation and Related 
Agencies Appropriations Act, 1996 (Public Law 104-50) to provide 
an additional line of credit not to exceed $25,000,000, which may 
be used to replace otherwise required contingency reserves: Pro-
vided however. That the Secretary may only enter into such modi-
fication if it is supported by the amount of the original appropriation 
(provided by section 336 of Public Law 103-331). No additional 
appropriation is made by this section. In implementing this section, 
the Secretary may enter into an agreement requiring an interest 
rate, on both the original line of credit and the additional amount 
provided for herein, higher than that currently in force and higher 
than that specified in the originsd appropriation. An agreement 
entered into pursuant to this section may not obligate the Secretary 
to make any funds available until all remaining contingency re-
serves are exhausted, and in no event shall any funds be made 
available before October 1, 1998. 
SEC. 406. Public Law 100-202 is amended in the item relating 
101 Stat. 1329- 
to "Traffic Improvement Demonstration Project" by inserting after 
369. 
"project" the following: "or upgrade existing local roads". 
SEC. 407. The amount appropriated for the Lake Shore Drive 
extension study, Whiting, Indiana, under the matter under the 
heading "SURFACE TRANSPORTATION PROJECTS" under the heading 
"FEDERAL HIGHWAY ADMINISTRATION" in title I of the 
Department of Transportation and Related Agencies Appropriations 
Act, 1995 (Public Law 103-331; 108 Stat. 2478), shall be made 
available to carry out the congestion relief project for the construc-
tion of a 4-lane road and overpass at Merrillville, Indiana, author-
ized by item 35 of section 1104(b) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 
Stat. 2030). 
SEC. 
408. 
HIGHWAY 
SAFETY 
IMPROVEMENT 
PROJECT, 
MICHIGAN.—Of the amount appropriated for the highway safety 
improvement project, Michigan, under the matter under the heading 
"SURFACE TRANSPORTATION PROJECTS" under the heading "FED-
ERAL HIGHWAY ADMINISTRATION" in title I of the Department 
of Transportation and Related Agencies Appropriations Act, 1995 
(Public Law 103-331; 108 Stat. 2478), for the purposes of right-
of-way acquisition for Baldwin Road, and engineering, right-of-way 
acquisition, and construction between Wsdton Boulevard smd Dixie 
Highway, $2,000,000 shall be made available for construction of 
Baldwin Road. 
SEC. 409. Transfer of Funds Among Minnesota Highway 
Projects.— 
(a) IN GENERAL.—Such portions of the amounts appropriated 
for the Minnesota highway projects described in subsection (b) 
. that have not been obligated as of December 31, 1996, shall be 
made available to carry out the 34th Street Corridor Project in 
Moorhead, Minnesota, authorized by section 149(a)(5)(A)(iii) of the 
Surface Transportation and Uniform Relocation Assistance Act of 
1987 (Public Law 100-17; 101 Stat. 181) (as amended by section 
340(a) of the National Highway System Designation Act of 1995 
(Public Law 104-59; 109 Stat. 607)). 
(b) PROJECTS.—^The Minnesota highway projects described in 
this subsection are— 
(1) the project for Saint Louis County authorized by section 
149(a)(76) of the Surface Transportation and Uniform Reloca-
PUBLIC LAW 104-205—SEPT. 30, 1996 
110 STAT. 2983 
tion Assistance Act of 1987 (Public Law 100-17; 101 Stat. 
192); and 
(2) the project for Nicollet County authorized by item 159 
of section 1107(b) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (PubHc Law 102-240; 105 Stat. 2056). 
SEC. 410. Item 52 in the table contained in section 1106(a)(2) 
and items 19 and 20 in the table contained in section 1107(b) 
of the Intermodal Surface Transportation Efficiency Act of 1991 
(105 Stat. 2037-2059) are each amended by inserting "Mifflin, 
Fulton and Clearfield," after "Franklin,". 
This Act may be cited as the "Department of Transportation 
and Related Agencies Appropriations Act, 1997". 
Approved September 30, 1996. 
LEGISLATIVE HISTORY—H.R. 3675: 
HOUSE REPORTS: Nos. 104-631 (Comm. on Appropriations) and 104r-785 (Comm. 
of Conference). 
SENATE REPORTS: No. 104-325 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
June 26-28, considered and passed House. 
July 30, 31, considered and passed Senate, amended. 
Sept. 18, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Sept. 30, Presidential statement.