[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3675 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 31, 1996.
Resolved, That the bill from the House of Representatives (H.R.
3675) entitled ``An Act making appropriations for the Department of
Transportation and related agencies for the fiscal year ending
September 30, 1997, and for other purposes'', do pass with the
following
AMENDMENTS:
(1)Page 2, line 10, strike out [$53,816,000] and insert: $53,376,000
(2)Page 2, line 10, after ``53,816,000,'' insert: 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
(3)Page 4, line 9, strike out [$10,000,000] and insert: $25,900,000
(4)Page 4, line 13, strike out [$10,000,000] and insert: $25,900,000
(5)Page 5, line 6, strike out [$28,600,000] and insert: $12,700,000
(6)Page 5, line 16, strike out [$127,447,000] and insert: $129,500,000
(7)Page 5, line 24, strike out [$17,294,000] and insert: $17,192,000
(8)Page 7, line 3, strike out [$2,609,100,000] and insert:
$2,331,350,000
(9)Page 7, line 23, strike out [$358,000,000] and insert: $393,100,000
(10)Page 7, line 25 strike out [$205,600,000] and insert: $227,960,000
(11)Page 8, line 3, strike out [$18,300,000] and insert: $19,040,000
(12)Page 8, line 5, strike out [$39,900,000] and insert: $46,200,000
(13)Page 8, line 7, strike out [$47,950,000] and insert: $52,900,000
(14)Page 8, line 9, strike out [$46,250,000] and insert: $47,000,000
(15)Page 8, line 18, strike out all after ``appropriation'' down to and
including ``$338,000,000'' in line 21
(16)Page 8, line 21, strike out all after ``$338,000,000'' down to and
including ``Program'' in line 23
(17)Page 9, strike out lines 1 through 6
(18)Page 9, line 11, strike out [$21,000,000] and insert: $23,000,000
(19)Page 9, after line 11 insert:
Port Safety Development
For necessary expenses for debt retirement of the Port of Portland,
Oregon, $5,000,000, to remain available until expended.
(20)Page 9, line 14, strike out [$16,000,000] and insert: $10,000,000
(21)Page 10, line 11, strike out [$19,000,000] and insert: $19,550,000
(22)Page 10, line 22, strike out [$35,000,000] and insert: $10,000,000
(23)Page 11, line 14, strike out [$4,900,000,000] and insert:
$4,899,957,000
(24)Page 11, line 15, strike out [$1,642,500,000] and insert:
$2,742,602,000
(25)Page 11, line 17, strike out [$30,000,000] and insert: $75,000,000
(26)Page 12, line 2, strike out [$2,127,398,000] and insert:
$2,082,355,000
(27)Page 12, line 2, strike out all after ``$2,127,398,000'' down to
and including ``States'' in line 5
(28)Page 13, line 23, strike out [$1,800,000,000] and insert:
$1,788,700,000
(29)Page 13, line 24, strike out [$1,583,000,000] and insert:
$1,571,700,000
(30)Page 14, line 13, strike out [$185,000,000] and insert:
$188,490,000
(31)Page 15, line 8, strike out [$1,300,000,000] and insert:
$1,460,000,000
(32)Page 15, after line 23 insert:
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 Administrator
determines may be performed more advantageously as centralized
services, including accounting, international training, payroll,
travel, duplicating, multimedia and information technology services:
Provided, That any inventories, equipment, and other 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 Automated 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: Provided 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
available until expended, to be used for the acquisition of capital
equipment 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 miscellaneous
receipts in the Treasury.
(33)Page 16, line 6, strike out [$510,981,000] and insert: $534,846,000
(34)Page 16, line 10, strike out [$214,698,000] and insert:
$234,840,000
(35)Page 17, line 1, strike out [$17,550,000,000] and insert:
$17,650,000,000
(36)Page 17, strike out lines 19 through 21 and insert:
For the cost of direct loans, $8,000,000, as authorized by section
108 of title 23, United States Code.
(37)Page 18, line 10, strike out [$77,425,000] and insert: $79,000,000
(38)Page 18, after line 10 insert:
State Infrastructure Banks
(highway trust fund)
To carry out the State Infrastructure Bank Pilot Program (Public
Law 104-59, section 350), $250,000,000, to be derived from the Highway
Trust Fund and to remain available until expended, to be distributed by
the Secretary to more than 10 States: Provided, 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 funds appropriated and deposited into transit accounts
authorized by section 350(b)(3) shall be drawn from the Mass Transit
account of the Highway Trust Fund and that funds appropriated and
deposited into highway accounts authorized by section 350(b)(2) shall
be drawn from the Highway Trust Fund (other than the Mass Transit
Account): 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.
(39)Page 18, line 18, strike out [$81,895,000] and insert: $80,000,000
(40)Page 19, line 10, strike out [$50,377,000] and insert: $53,195,000
(41)Page 19, line 19, strike out [$167,100,000] and insert:
$169,100,000
(42)Page 19, line 25, strike out [$167,100,000] and insert:
$169,100,000
(43)Page 20, line 1, strike out [$127,700,000] and insert: $129,700,000
(44)Page 20, line 4, strike out [$11,000,000] and insert: $12,000,000
(45)Page 20, line 6, strike out [$26,000,000] and insert: $25,000,000
(46)Page 20, line 12, strike out [$5,268,000] and insert: $5,468,000
(47)Page 21, line 4, strike out [$16,469,000] and insert: $16,739,000
(48)Page 22, line 16, strike out [$20,341,000] and insert: $20,000,000
(49)Page 22, after line 17 insert:
Northeast Corridor Improvement Program
For necessary expenses related to Northeast Corridor improvements
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, $200,000,000, to remain available until September 30, 1999.
(50)Page 23, line 13, strike out [1997.] and insert: 1997, except for
up to $75,000,000 in loan guarantee commitments during such fiscal year
(and $4,158,000 is hereby made available for the cost of such loan
guarantee commitments).
(51)Page 23, line 17, strike out [$19,757,000] and insert: $26,525,000
(52)Page 23, line 21, strike out [track and signal] and insert: track,
signal and station
(53)Page 24, after line 11 insert:
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.
(54)Page 24, line 16, strike out [$4,000,000] and insert: $10,000,000
(55)Page 24, line 24, strike out [$10,000,000] and insert: $16,000,000
(56)Page 25, strike out all after line 3 over to and including line 2
on page 26
(57)Page 26, line 7, strike out [$462,000,000] and insert: $592,000,000
(58)Page 26, line 10, strike out [$120,000,000] and insert:
$250,000,000
(59)Page 26, line 24, strike out [$41,367,000] and insert: $42,147,000
(60)Page 27, line 4, strike out [$490,000,000] and insert: $218,335,000
(61)Page 27, line 5, strike out [$2,052,925,000] and insert:
$2,149,185,000
(62)Page 27, line 6, after ``That'' insert: , notwithstanding any other
provision of law,
(63)Page 29, line 9, strike out [$1,665,000,000] and insert:
$1,900,000,000
(64)Page 29, line 11, after ``That'' insert: notwithstanding any
provision of law,
(65)Page 29, line 12, strike out [$666,000,000] and insert:
$725,000,000
(66)Page 29, line 15, strike out [$333,000,000] and insert:
$375,000,000
(67)Page 29, line 17, strike out [$10,510,000] and insert: $8,890,000
(68)Page 30, line 5, strike out [$666,000,000] and insert: $800,000,000
(69)Page 30, after line 7 insert:
$6,390,000 for the Alaska-Hollis to Ketchikan ferry
project;
(70)Page 30, line 8, strike out [$66,820,000] and insert: $62,000,000
(71)Page 30, line 10, strike out [$10,260,000] and insert: $5,000,000
(72)Page 30, line 12, strike out [$40,181,000] and insert: $30,000,000
(73)Page 30, after line 13 insert:
$2,000,000 for the Burlington-Charlotte, Vermont commuter
rail project;
(74)Page 30, strike out lines 14 and 15
(75)Page 30, line 16, strike out [$25,000,000] and insert: $20,000,000
(76)Page 30, line 21, strike out [$10,000,000] and insert: $12,000,000
(77)Page 30, line 23, strike out [$12,500,000] and insert: $18,000,000
(78)Page 31, strike out lines 1 and 2
(79)Page 31, strike out lines 3 and 4
(80)Page 31, line 5, strike out [$9,000,000] and insert: $20,000,000
(81)Page 31, strike out line 7
(82)Page 31, line 8, strike out [$40,590,000] and insert: $24,000,000
(83)Page 31, after line 9 insert:
$7,400,000 for the Jackson, Mississippi Intermodal
Corridor;
(84)Page 31, strike out lines 10 and 11
(85)Page 31, line 12, strike out [$1,500,000] and insert: $3,600,000
(86)Page 31, after line 13 insert:
$6,000,000 for the Little Rock, Arkansas Junction Bridge
project;
(87)Page 31, line 14, strike out [$90,000,000] and insert: $55,000,000
(88)Page 31, strike out lines 16 and 17
(89)Page 31, line 18, strike out [$27,000,000] and insert: $50,000,000
(90)Page 31, after line 19 insert:
$5,000,000 for the Metro-Dade Transit east-west corridor,
Florida project;
(91)Page 31, strike out lines 20 and 21
(92)Page 31, line 22, strike out [$2,000,000] and insert: $6,400,000
(93)Page 31, after line 23 insert:
$4,240,000 for the Morgantown, West Virginia Personal Rapid
Transit System;
(94)Page 32, strike out lines 3 and 4
(95)Page 32, line 5, strike out [$8,000,000] and insert: $10,000,000
(96)Page 32, strike out lines 7 and 8
(97)Page 32, strike out lines 11 and 12
(98)Page 32, after line 12 insert:
$10,000,000 for the Oklahoma City, MAPS corridor transit
system;
(99)Page 32, strike out lines 13 and 14
(100)Page 32, after line 16 insert:
$15,100,000 for the Pittsburgh Airport busway project;
(101)Page 32, after line 16 insert:
$6,000,000 for the Portland South/North light rail transit
project;
(102)Page 32, line 17, strike out [$90,000,000] and insert:
$138,000,000
(103)Page 32, after line 18 insert:
$5,000,000 for the Research Triangle Park, North Carolina
regional transit plan;
(104)Page 32, line 19, strike out [$6,000,000] and insert: $7,000,000
(105)Page 32, line 21, strike out [$20,000,000] and insert: $58,000,000
(106)Page 32, line 22, strike out all after ``project'' down to and
including ``costs'' in line 24
(107)Page 32, after line 24 insert:
$30,000,000 for St. Louis Metrolink;
(108)Page 33, line 1, strike out [$20,000,000] and insert: $45,000,000
(109)Page 33, line 3, strike out [$35,000,000] and insert: $20,000,000
(110)Page 33, strike out lines 6 and 7
(111)Page 33, strike out lines 8 and 9
(112)Page 33, after line 9 insert:
$5,000,000 for the Seattle-Renton-Tacoma light rail
project;
(113)Page 33, strike out lines 10 and 11
(114)Page 33, line 13, strike out [and]
(115)Page 33, after line 13 insert:
$8,000,000 for the Virginia Rail Express Richmond to
Washington commuter rail project; and
(116)Page 33, line 14, strike out [$2,500,000] and insert: $5,000,000
(117)Page 33, line 21, strike out [$2,000,000,000] and insert:
$2,300,000,000
(118)Page 34, line 5, strike out [$200,000,000] and insert:
$198,510,000
(119)Page 34, line 24, strike out [$10,037,000] and insert: $10,337,000
(120)Page 35, line 6, strike out [$23,929,000] and insert: $27,675,000
(121)Page 35, line 22, strike out [$30,988,000] and insert: $31,278,000
(122)Page 35, line 25, strike out [$28,460,000] and insert: $28,750,000
(123)Page 36, line 23, strike out [$39,450,000] and insert: $39,700,000
(124)Page 36, strike out all after line 23 down to and including
``audits'' in line 25 and insert: of which $1,900,000 shall be for the
conduct of contract audits
(125)Page 37, line 8, after ``1997:'' insert: Provided further, That
none of the funds appropriated in this Act or otherwise made available
may be used to increase fees for services in connection with rail
maximum rate complaints, pursuant to 49 CFR part 1002, STB Ex Parte No.
542:
(126)Page 42, line 17, strike out [program,] and insert: program;
(127)Page 42, line 18, strike out [program, and] and insert: program;
(128)Page 42, line 22, after ``5338'' insert: ; $5,000,000 for
activities authorized by section 140(b) of title 23, United States
Code; $5,000,000 for activities authorized by section 1012(b) of Public
Law 102-240; and $50,000,000 of the obligation limitation established
by this Act for Federal-aid highways and highway safety construction:
Provided, That $15,000,000 of such undistributed obligation limitation
shall be available for administrative costs and allocation to States
under section 104(I) of title 23, United States Code; $30,000,000 shall
be available for allocation to States authorized by section 1069(y) of
Public Law 102-240; and $15,000,000 shall be available for
administrative costs and allocation to States under section 1302(d) of
the Symms National Recreational Trails Act of 1991
(129)Page 42, line 22, strike out [Provided,] and insert: Provided
further,
(130)Page 44, after line 4 insert:
(g) Increase in Administrative Takedown.--
(1) In general.--Notwithstanding any other provision of
law, for fiscal year 1997 only, whenever an allocation is made
of the sums authorized to be appropriated for expenditure on
the Federal lands highways program, and whenever an
apportionment is made of the sums authorized to be appropriated
for expenditure on the surface transportation program, the
congestion mitigation and air quality improvement program, the
National Highway System, the Interstate maintenance program,
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 4\3/4\ 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
Transportation in accordance with this Act shall be deemed to
be a deduction under 23 U.S.C. Sec. 104(a).
(131)Page 48, strike out lines 1 through 8
(132)Page 48, line 12, after ``Colorado'' insert: : Provided, That this
provision shall not apply in any case where the Administrator of the
Federal Aviation Administration determines, in writing, that safety
conditions warrant obligation of such funds
(133)Page 48, line 22, strike out all after ``further,'' over to and
including ``collections'' in line 3 on page 49 and insert: That of the
funds provided by section 6006(b) of Public Law 102-240, not to exceed
$3,100,000 may be incurred to conduct activities related to airline
statistics
(134)Page 51, strike out lines 3 through 5
(135)Page 51, line 6, strike out [$850,000] and insert: $1,050,000
(136)Page 51, strike out lines 17 through 19
(137)Page 51, after line 19 insert:
Sec. 333. Section 24902 of title 49, United States Code, is amended
by adding at the end the following new subsection:
``(m) Applicable Procedures.--No State or local building, zoning,
subdivision, or similar or related law, nor any other State or local
law from which a project would be exempt if undertaken by the Federal
Government or an agency thereof within a Federal enclave wherein
Federal 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, inspection or similar
facilities acquired, constructed or used for high speed trainsets) or
chapter 241, 243, or 247 of this title or (ii) any land (and right,
title or interest created with respect thereto) on which such
improvement is located and adjoining, surrounding or any related land.
These exemptions shall remain in effect and be applicable with respect
to such land and improvements for the benefit of any mortgagee before,
upon and after coming into possession of such improvements or land, any
third party purchasers thereof in foreclosure (or through a deed in
lieu of foreclosure), and their respective successors and assigns, in
each case to the extent the land or improvements are used, or held for
use, for railroad purposes or purposes accessory thereto. This
subsection (m) shall not apply to any improvement or related land
unless Amtrak receives a Federal operating subsidy in the fiscal year
in which Amtrak commits to or initiates such improvement.''.
(138)Page 52, after line 11 insert:
Sec. 335a. Section 3035(b) of Public Law 102-240 is hereby amended
by striking ``$515,000,000'' and inserting in lieu thereof
``$555,000,000''.
(139)Page 52, strike out lines 21 through 25
(140)Page 53, strike out lines 1 through 4
(141)Page 53, after line 4 insert:
Sec. 338. Of the amounts made available under the Federal Transit
Administration's Discretionary Grants program for Kauai, Hawaii, in
Public Law 103-122 and Public Law 103-331, $3,250,000 shall be
transferred to and administered in accordance with 49 U.S.C. 5311 and
made available to Kauai, Hawaii.
(142)Page 53, strike out lines 5 through 7
(143)Page 53, after line 7 insert:
Sec. 339. 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.
(144)Page 54, after line 16 insert:
Sec. 341. Notwithstanding any other provision of law, receipts, in
amounts determined by the Secretary, collected from users of fitness
centers operated by or for the Department of Transportation shall be
available to support the operation and maintenance of those facilities.
(145)Page 54, after line 16 insert:
Sec. 342. None of the funds made available in this Act may be used
by the National Transportation Safety Board to plan, conduct, or enter
into any contract for a study to determine the feasibility of allowing
individuals who are more than 60 years of age to pilot commercial
aircraft.
(146)Page 54, after line 16 insert:
Sec. 343. 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 provision shall be applied to
funds for Senior Executive Service bonuses, merit pay, and other
bonuses and cash awards.
(147)Page 54, after line 16 insert:
Sec. 344. Hereinafter, the National Passenger Railroad Corporation
shall be exempted from any State or local law relating to the payment
or delivery of abandoned or unclaimed personal property to any
government authority, including any provision for the enforcement
thereof, with respect to passenger rail tickets for which no refund has
been or may be claimed, and such law shall not apply to funds held by
Amtrak as a result of the purchase of tickets after April 30, 1972 for
which no refund has been claimed.
(148)Page 54, after line 16 insert:
Sec. 345. Notwithstanding any other provision in law, of the
amounts made available under the Federal Aviation Administration's
operations account, the FAA shall provide personnel at Dutch Harbor,
Alaska to provide real-time weather and runway observation and other
such functions to help ensure the safety of aviation operations.
(149)Page 54, after line 16 insert:
SEC. 346. DEPARTMENT OF TRANSPORTATION VOLUNTARY SEPARATION INCENTIVE
PAYMENTS.
(a) Definitions.--For the purposes of this section--
(1) the term ``agency'' means the following agencies of the
Department of Transportation:
(A) the United States Coast Guard;
(B) the Research and Special Programs
Administration;
(C) the St. Lawrence Seaway Development
Corporation;
(D) the Office of the Secretary;
(E) the Federal Railroad Administration; and
(F) any other agency of the Department with respect
to employees of such agency in positions targeted for
reduction under the National Performance Review;
(2) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who is employed by
the agency serving under an 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;
(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 incentive payment under section 3
of such Act;
(E) an employee who has previously received any
voluntary separation incentive payment by the Federal
Government under this section or any other authority
and has not repaid such payment;
(F) an employee covered by statutory reemployment
rights who is on transfer to another organization; or
(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.
(b) Agency Strategic Plan.--
(1) In general.--The head of an agency, prior to obligating
any resources for voluntary separation incentive payments,
shall submit to the House and Senate Committees on
Appropriations and the Committee on Governmental Affairs of the
Senate and the Committee on Government Reform and Oversight 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
payments have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be reduced or
eliminated, identified by organizational unit,
geographic location, occupational category and grade
level;
(B) the number and amounts of voluntary separation
incentive payments to be offered; and
(C) a description of how the agency will 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.
(2) Amount and treatment of payments.--A voluntary
separation incentive payment--
(A) shall be paid in a lump sum after the
employee's separation;
(B) shall be paid from appropriations or funds
available for the payment of the basic pay of the
employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount the
employee would be entitled to receive under
section 5595(c) of title 5, United States Code;
or
(ii) an amount determined by an agency head
not to exceed $25,000 in fiscal year 1997,
$20,000 in fiscal year 1998, $15,000 in fiscal
year 1999, or $10,000 in fiscal year 2000;
(D) shall not be a basis for payment, and shall not
be included in the computation, of any other type of
Government benefit; and
(E) shall not be taken into account in 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, 2000.
(d) Additional Agency Contributions to the Retirement Fund.--
(1) In general.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 of title
5, United States Code, an agency shall remit to the Office of
Personnel Management for deposit in 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 Government.--An
individual who has received a voluntary separation incentive payment
under this section and accepts any employment for compensation with the
Government of the United States, or who works for any agency of the
United States Government through a personal services contract, within 5
years after the date of the separation on which the payment is based
shall be required to pay, prior to the individual's first day of
employment, the entire amount of the incentive payment to the agency
that paid the incentive payment.
(f) Reduction of Agency Employment Levels.--
(1) In general.--The total number of funded employee
positions in an agency shall be reduced by one position for
each vacancy created by the separation of any employee who has
received, or is due to receive, a voluntary separation
incentive payment under this section. For the purposes of this
subsection, positions shall be counted on a full-time-
equivalent basis.
(2) Enforcement.--The President, through the Office of
Management and Budget, shall monitor each agency and take any
action necessary to ensure that the requirements of this
subsection are met.
(g) Effective Date.--This section shall take effect October 1,
1996.
(150)Page 54, after line 16 insert:
Sec. 347. (a) Review of Reporting of Excise Tax Data.--Prior to
September 30, 1996, the Secretary of the Treasury and the Secretary of
Transportation shall conduct a review of the reporting of excise tax
data by the Department of the Treasury to the Department of
Transportation for fiscal year 1994 and its impact on the allocation of
Federal aid highways. If the President certifies that all of the
following conditions are met:
(1) A significant error was made by the Treasury in its
estimate of Highway Trust Fund revenues collected in fiscal
year 1994.
(2) The error is fundamentally different from errors
routinely made in such estimates in the past.
(3) The error is significant enough to justify the fiscal
year 1997 apportionments and allocations of Highway Trust Funds
be adjusted; and finds that the provision in subsection (b)
corrects these deficiencies, then subsection (b) will be
operative.
(b) Calculation of Federal-Aid Highway Apportionments and
Allocations.--
(1) In general.--Except as provided in paragraph (2), for
fiscal year 1997, the Secretary of Transportation shall
determine the Federal-aid highway apportionments and
allocations to a State without regard to the approximately
$1,596,000,000 credit to the Highway Trust Fund (other than the
Mass Transit Account) of estimated taxes paid by States that
was made by the Secretary of the Treasury for fiscal year 1995
in correction of an accounting error made in fiscal year 1994.
(2) Adjustments for effects in 1996.--The Secretary of
Transportation shall, for each State--
(A) determine whether the State would have been
apportioned and allocated an increased or decreased
amount for Federal-aid highways for fiscal year 1996 if
the accounting error referred to in paragraph (1) had
not been made (which determination shall take into
account the effects of section 1003(c) of the
Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240; 105 Stat. 1921)); and
(B) after apportionments and allocations are
determined in accordance with paragraph (1)--
(i) adjust the amount apportioned and
allocated to the State for Federal-aid highways
for fiscal year 1997 by the amount of the
increase or decrease; and
(ii) adjust accordingly the obligation
limitation for Federal-aid highways distributed
to the State under this Act.
(3) No effect on 1996 distributions.--Nothing in this
section shall affect any apportionment, allocation, or
distribution of obligation limitation, or reduction thereof, to
a State for Federal-aid highways for fiscal year 1996.
(4) Effective date.--This section shall take effect on
September 30, 1996.
(151)Page 54, after line 16 insert:
Sec. 348. It is the sense of the Senate that Congress should
actively consider legislation to establish the Saint Lawrence Seaway
Development Corporation as a performance-based organization on a pilot
basis beginning in fiscal year 1998.
(152)Page 54, after line 16 insert:
SEC. 349. FEDERAL AVIATION ADMINISTRATION PROCUREMENT.
(a) Sense of the Congress.--It is the sense of the Congress that
the Administrator of the Federal Aviation Administration should promote
and encourage the use of full and open competition as the preferred
method of procurement for the Federal Aviation Administration.
(b) Independent Assessment.--Not later than December 31, 1997, the
Administrator of the Federal Aviation Administration shall--
(1) take such action as may be necessary to provide for an
independent assessment of the acquisition management system 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 preferred method of
procurement with respect to any contract that involves an
amount greater than $50,000,000; and
(2) submit to the Congress a report on the findings of that
independent assessment.
(c) Full and Open Competition Defined.--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)).
(153)Page 54, after line 16 insert:
Sec. 350. 49 U.S.C. App. 2311 is amended by adding the following
new subsection:
``(D) Nebraska.--In addition to vehicles which the
State of Nebraska may continue to allow to be operated
under paragraphs (1)(a) and (1)(B) of this section, the
State of Nebraska may allow longer combination vehicles
that were not in actual operation on June 1, 1991 to be
operated within its boundaries to transport sugar beets
from the field where such sugar beets are harvested to
storage, market, factory or stockpile or from stockpile
to storage, market or factory. This provision shall
expire on September 30, 1997.''.
(154)Page 54, after line 16 insert:
Sec. 351. (a) Section 120(c) of title 23, United States Code, is
amended by inserting ``rail-highway crossing closure,'' after
``carpooling 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 payment under paragraph (1) to a local
government with respect to the closure of a crossing unless the
railroad owning the tracks on which the crossing is located
makes an incentive payment to the government with respect to
the closure.
``(3) Amount of state payment.--The amount of the incentive
payment payable to a local 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 receiving
an incentive payment from a State under paragraph (1) shall use
the amount of the incentive payment for transportation safety
improvements.''.
(155)Page 54, after line 16 insert:
SEC. 352. LIMITATION ON FUNDS USED TO ENFORCE REGULATIONS REGARDING
ANIMAL FATS AND VEGETABLE OILS.
None of the funds made available in this Act may be used by the
Coast Guard to issue, implement, or enforce a regulation or to
establish an interpretation or guideline under the Edible Oil
Regulatory Reform Act (Public Law 104-55) or the amendments made by
that Act that does not recognize and provide for, with respect to fats,
oils, and greases (as described in that Act or the amendments made by
that Act) differences in--
(1) physical, chemical, biological, and other relevant
properties; and
(2) environmental effects.
(156)Page 54, after line 16 insert:
Sec. 353. (a) In cases where an emergency ocean condition causes
erosion of a bank protecting a scenic highway or byway, fiscal year
1996 or fiscal year 1997 Federal Highway Administration Emergency
Relief funds can be used to halt the erosion and stabilize the bank if
such action is necessary to protect the highway from imminent failure
and is less expensive than highway relocation.
(b) In cases where an emergency condition causes inundation of a
roadway or saturation of the subgrade with further erosion due to
abnormal freeze/thaw cycles and damage caused by traffic, fiscal year
1996 or fiscal year 1997 Federal Highway Administration Emergency
Relief funds can be used to repair such roadway.
(c) Not more than $8,000,000 in Federal Highway Administration
Emergency Relief funds may be used for each of the conditions
referenced in subsections (a) and (b).
(157)Page 54, after line 16 insert:
SEC. 354. THE RAILROAD SAFETY INSTITUTE.
Of the money available to the Federal Rail Administration up to
$500,000 shall be made available to establish and operate the Institute
for Railroad Safety as authorized by the Swift Rail Development Act of
1994.
(158)Page 54, after line 16 insert:
SEC. 355. TRAIN WHISTLE REQUIREMENTS.
No funds shall be made available to implement the regulations
issued under section 20153(b) of title 49, United States Code,
requiring audible warnings to be sounded by a locomotive horn at
highway-rail grade crossings, unless--
(1) in implementing the regulations or providing an
exception to the regulations under section 20153(c) of such
title, the Secretary of Transportation takes into account,
among other criteria--
(A) the interests of the communities that have in
effect restrictions on the sounding of a locomotive
horn at highway-rail grade crossings as of July 30,
1996; and
(B) the past safety record at each grade crossing
involved; and
(2) whenever the Secretary determines that supplementary
safety measures (as that term is defined in section 20153(a) of
title 49, United States Code) are necessary to provide an
exception referred to in paragraph (1), the Secretary--
(A) having considered the extent to which local
communities have established public awareness
initiatives and highway-rail crossing traffic law
enforcement programs allows for a period of not to
exceed 3 years, beginning on the date of that
determination, for the installation of those measures;
and
(B) works in partnership with affected communities
to provide technical assistance and to develop a
reasonable schedule for the installation of those
measures.
(159)Page 54, after line 16 insert:
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.
(160)Page 54, strike out all after line 18 over to and including line 2
on page 55
(161)Page 55, strike out lines 3 through 9
(162)Page 55, strike out lines 10 through 19
(163)Page 55, after line 19 insert:
Sec. 403. 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(l) of
Public Law 99-591 are hereby also authorized to be appropriated for
other grade crossing improvements in Nassau and Suffolk Counties in New
York and shall be available in accordance with the terms of the
original authoriziaton in House Report 99-976.
(164)Page 56, strike out lines 18 through 21
(165)Page 56, after line 21 insert:
Sec. 405. 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 construction of a 4-lane road and overpass at
Merrillville, Indiana, authorized by item 35 of section 1104(b) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 105 Stat. 2030).
(166)Page 56, after line 21 insert:
SEC. 406. 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 ``FEDERAL 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 Walton Boulevard and Dixie Highway, $2,000,000 shall be made
available for construction of Baldwin Road.
(167)Page 56, after line 21 insert:
SEC. 407. 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, may, at the option of the
Minnesota Department of Transportation, 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
Relocation 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 (Public Law 102-240; 105 Stat. 2056).
(168)Page 56, strike out line 22
(169)Page 56, strike out all after line 22 over to and including line
25 on page 57
(170)Page 58, strike out lines 1 through 6
Attest:
Secretary.
104th CONGRESS
2d Session
H. R. 3675
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AMENDMENTS
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