[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3675 Public Print (PP)]
104th CONGRESS
2d Session
H. R. 3675
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 1, 1996
Ordered to be printed with the amendments of the Senate numbered
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Transportation 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 fiscal year ending
September 30, 1997, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Salaries and Expenses
For necessary expenses of the Office of the
Secretary,(1)<DELETED>$53,816,000 </DELETED>$53,376,000, (2)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 Secretary may determine for allocation within
the Department for official reception and representation expenses:
Provided, That notwithstanding 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:
Provided 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 departmental access
at no cost; to secure them against detection, alteration, 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.
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 entities: Provided
further, That no funds appropriated in this Act to an agency of the
Department shall be transferred to the Transportation Administrative
Service Center without the approval of the agency modal administrator:
Provided further, That no assessments may be levied against any
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 payments to air
carriers 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,(3)<DELETED>$10,000,000
</DELETED>$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 programs in excess of (4)<DELETED>$10,000,000
</DELETED>$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 ``Payments to air carriers'' program:
Provided further, That none of the funds in this Act shall be used for
the payment 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,(5)<DELETED>$28,600,000
</DELETED>$12,700,000 in fiscal year 1997 is hereby rescinded.
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, (6)<DELETED>$127,447,000
</DELETED>$129,500,000: 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, (7)<DELETED>$17,294,000
</DELETED>$17,192,000, 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 loans, $1,500,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
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 administrative expenses to
carry out the direct loan program, $400,000.
Minority Business Outreach
For necessary expenses of the Minority Business Resource Center
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; (8)<DELETED>$2,609,100,000
</DELETED>$2,331,350,000, of which $25,000,000 shall be derived from
the Oil Spill Liability Trust Fund: Provided, That the number of
aircraft on hand at any one time shall not exceed two hundred and
eighteen, exclusive of aircraft and parts stored to meet future
attrition: Provided further, That none of the funds appropriated in
this or any other Act shall be available for pay or administrative
expenses in connection with shipping commissioners in the United
States: Provided further, That none of the funds provided in this Act
shall be available 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
Commandant 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, (9)<DELETED>$358,000,000
</DELETED>$393,100,000, of which $20,000,000 shall be derived from the
Oil Spill Liability Trust Fund; of which (10)<DELETED>$205,600,000
</DELETED>$227,960,000 shall be available to acquire, repair, renovate
or improve vessels, small boats and related equipment, to remain
available until September 30, 2001; (11)<DELETED>$18,300,000
</DELETED>$19,040,000 shall be available to acquire new aircraft and
increase aviation capability, to remain available until September 30,
1999; (12)<DELETED>$39,900,000 </DELETED>$46,200,000 shall be available
for other equipment, to remain available until September 30, 1999;
(13)<DELETED>$47,950,000 </DELETED>$52,900,000 shall be available for
shore facilities and aids to navigation facilities, to remain available
until September 30, 1999; and (14)<DELETED>$46,250,000
</DELETED>$47,000,000 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-11A 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 Commandant may dispose of surplus real property by
sale or lease and the proceeds of such sale or lease shall be credited
to this appropriation(15)<DELETED>:-Provided further, That the property
in Wildwood, New Jersey shall be disposed of in a manner resulting in a
final fiscal year 1997 appropriation estimated at
$338,000,000</DELETED>(16)<DELETED>: Provided further, That none of the
funds in this Act may be obligated or expended to continue the ``Vessel
Traffic Service 2000'' Program</DELETED>.
(17)<DELETED>Acquisition, Construction, and Improvements
<DELETED>(rescissions)</DELETED>
<DELETED> Of the available balances under this heading provided in
Public Law 104-50, $3,400,000 are rescinded.</DELETED>
<DELETED> Of the available balances under this heading provided in
Public Law 103-331, $355,000 are rescinded.</DELETED>
Environmental Compliance and Restoration
For necessary expenses to carry out the Coast Guard's environmental
compliance and restoration functions under chapter 19 of title 14,
United States Code, (18)<DELETED>$21,000,000 </DELETED>$23,000,000, to
remain available until expended.
(19)Port Safety Development
For necessary expenses for debt retirement of the Port of Portland,
Oregon, $5,000,000, to remain available until expended.
Alteration of Bridges
For necessary expenses for alteration or removal of obstructive
bridges, (20)<DELETED>$16,000,000 </DELETED>$10,000,000, to remain
available until expended.
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, (21)<DELETED>$19,000,000 </DELETED>$19,550,000, 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 appropriation 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,
(22)<DELETED>$35,000,000 </DELETED>$10,000,000, 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 activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation 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, (23)<DELETED>$4,900,000,000
</DELETED>$4,899,957,000, of which (24)<DELETED>$1,642,500,000
</DELETED>$2,742,602,000 shall be derived from the Airport and Airway
Trust Fund: Provided, That notwithstanding any other provision of law,
not to exceed (25)<DELETED>$30,000,000 </DELETED>$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 1997, to result in a final fiscal year 1997 appropriation from the
general fund estimated at not more than (26)<DELETED>$2,127,398,000
</DELETED>$2,082,355,000(27)<DELETED>:-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</DELETED>: Provided further, That there may be
credited to this appropriation, funds received from States, counties,
municipalities, foreign authorities, other public 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
organization 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
acquisition, 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 accommodations for
officers and employees of the Federal Aviation Administration 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,
(28)<DELETED>$1,800,000,000 </DELETED>$1,788,700,000, of which
(29)<DELETED>$1,583,000,000 </DELETED>$1,571,700,000 shall remain
available until September 30, 1999, and of which $217,000,000 shall
remain available until September 30, 1997: Provided, That there may be
credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred in the establishment and modernization of air
navigation facilities.
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 construction of
experimental facilities and acquisition of necessary sites by lease or
grant, (30)<DELETED>$185,000,000 </DELETED>$188,490,000, 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
airport 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 and 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 (31)<DELETED>$1,300,000,000
</DELETED>$1,460,000,000 in fiscal year 1997 for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs, 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 available
pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the
Government 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.
(32)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.
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 (33)<DELETED>$510,981,000
</DELETED>$534,846,000 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
(34)<DELETED>$214,698,000 </DELETED>$234,840,000 of the amount provided
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 provisions
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)
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 (35)<DELETED>$17,550,000,000 </DELETED>$17,650,000,000 for
Federal-aid highways and highway safety construction programs for
fiscal year 1997.
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)
(36)<DELETED>None of the funds under this head are available for
obligations for right-of-way acquisition during fiscal year 1997.
</DELETED>For the cost of direct loans, $8,000,000, as authorized by
section 108 of title 23, United States Code.
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
(37)<DELETED>$77,425,000 </DELETED>$79,000,000 for ``Motor Carrier
Safety Grants''.
(38)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.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Operations and Research
For expenses necessary to discharge the functions of the Secretary
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, (39)<DELETED>$81,895,000 </DELETED>$80,000,000, 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 temperature
resistance) already in effect.
Operations and Research
(highway trust fund)
For expenses necessary to discharge the functions of the Secretary
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,
(40)<DELETED>$50,377,000 </DELETED>$53,195,000, of which $27,066,000
shall remain available until September 30, 1999.
Highway Traffic Safety Grants
(liquidation of contract authorization)
(highway trust fund)
For payment 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, (41)<DELETED>$167,100,000
</DELETED>$169,100,000, to be derived from the Highway Trust Fund:
Provided, That, notwithstanding subsection 2009(b) of the Intermodal
Surface Transportation Efficiency 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
(42)<DELETED>$167,100,000 </DELETED>$169,100,000 for programs
authorized under 23 U.S.C. 402 and 410, as amended, of which
(43)<DELETED>$127,700,000 </DELETED>$129,700,000 shall be for ``State
and community highway safety grants'', $2,400,000 shall be for the
``National Driver Register'', (44)<DELETED>$11,000,000
</DELETED>$12,000,000 shall be for highway safety grants as authorized
by section 1003(a)(7) of Public Law 102-240, and
(45)<DELETED>$26,000,000 </DELETED>$25,000,000 shall be for section 410
``Alcohol-impaired driving counter-measures programs'': 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 (46)<DELETED>$5,268,000
</DELETED>$5,468,000 of the funds made available for section 402 may be
available for administering ``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
appropriation ``Highway-Related Safety Grants'' shall be transferred to
and merged with this ``Highway Traffic Safety Grants'' appropriation:
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, (47)<DELETED>$16,469,000 </DELETED>$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 Station
transaction in which the Secretary assumed the first deed of trust on
the property and, where the Union Station Redevelopment 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 payments directly
from the Union Station Redevelopment 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
available 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 development and compliance-related
activities.
Railroad Research and Development
For necessary expenses for railroad research and development,
(48)<DELETED>$20,341,000 </DELETED>$20,000,000, to remain available
until expended.
(49)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.
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
(50)<DELETED>1997. </DELETED>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).
Next Generation High-Speed Rail
For necessary expenses for Next Generation High-Speed Rail studies,
corridor planning, development, demonstration, and implementation,
(51)<DELETED>$19,757,000 </DELETED>$26,525,000, 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 (52)<DELETED>track and
signal </DELETED>track, signal and station improvements.
Trust Fund Share of Next Generation High-Speed Rail
(liquidation of contract authorization)
(highway trust fund)
For grants and payment of obligations incurred in carrying out the
provisions of the High-Speed Ground Transportation program 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.
(53)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,
(54)<DELETED>$4,000,000 </DELETED>$10,000,000 to be matched by the
State of Rhode Island or its designee on a dollar for dollar basis and
to remain available until expended: Provided, That as a condition of
accepting such funds, the Providence and Worcester (P&W) Railroad shall
enter 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 (55)<DELETED>$10,000,000 </DELETED>$16,000,000 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.
(56)<DELETED>Direct Loan Financing Program
<DELETED> Notwithstanding any other provision of law, $58,680,000,
for direct loans not to exceed $400,000,000 consistent with the
purposes of section 505 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 825) as in effect on September 30, 1988,
to the Alameda Corridor Transportation Authority to continue the
Alameda Corridor Project, including replacement of at-grade rail lines
with a below-grade corridor and widening of the adjacent major highway:
Provided, That loans not to exceed the following amounts shall be made
on or after the first day of the fiscal year indicated:</DELETED>
<DELETED>Fiscal year 1997............................ $140,000,000
<DELETED>Fiscal year 1998............................ $140,000,000
<DELETED>Fiscal year 1999............................ $120,000,000
<DELETED>Provided further, That any loan authorized under this section
shall be structured with a maximum 30-year repayment after completion
of construction at an annual interest rate of not to exceed the 30-year
United States Treasury rate and on such terms and conditions as deemed
appropriate by the Secretary of Transportation: Provided further, That
specific provisions of section 505(a)(b) and (d) shall not apply:
Provided further, That the Alameda Corridor Transportation Authority
shall be deemed to be a financially responsible person for purposes of
section 505 of the Act.</DELETED>
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,(57)<DELETED>$462,000,000 </DELETED>$592,000,000, to remain
available until expended, of which $342,000,000 shall be available for
operating losses and for mandatory passenger rail service payments, and
(58)<DELETED>$120,000,000 </DELETED>$250,000,000 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, (59)<DELETED>$41,367,000 </DELETED>$42,147,000.
Formula Grants
For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2), 5311,
and 5336, to remain available until expended, (60)<DELETED>$490,000,000
</DELETED>$218,335,000: Provided, That no more than
(61)<DELETED>$2,052,925,000 </DELETED>$2,149,185,000 of budget
authority shall be available for these purposes: Provided further,
That(62), notwithstanding any other provision of law, 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 operating assistance provided under
this heading shall, for urbanized 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 heading to urbanized 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 operating assistance on smaller transit
authorities operating within the area and to consider the needs and
resources of such transit authorities when the limitation is
distributed among all transit authorities operating in the area.
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 (63)<DELETED>$1,665,000,000 </DELETED>$1,900,000,000 in
fiscal year 1997 for grants under the contract authority in 49 U.S.C.
5338(b): Provided, That (64)notwithstanding any provision of law, there
shall be available for fixed guideway modernization,
(65)<DELETED>$666,000,000 </DELETED>$725,000,000; there shall be
available for the replacement, rehabilitation, and purchase of buses
and related equipment and the construction of bus-related facilities,
(66)<DELETED>$333,000,000 </DELETED>$375,000,000; and, notwithstanding
any other provision of law, except for fixed guideway modernization
projects, (67)<DELETED>$10,510,000 </DELETED>$8,890,000 made available
under Public Law 102-240 and Public Law 102-143 under ``Federal Transit
Administration, Discretionary 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 together with the
(68)<DELETED>$666,000,000 </DELETED>$800,000,000 made available for new
fixed guideway systems in this Act, to be available as follows:
(69)$6,390,000 for the Alaska-Hollis to Ketchikan ferry
project;
(70)<DELETED>$66,820,000 </DELETED>$62,000,000 for the
Atlanta-North Springs project;
(71)<DELETED>$10,260,000 </DELETED>$5,000,000 for the
Baltimore-LRT Extension project;
(72)<DELETED>$40,181,000 </DELETED>$30,000,000 for the
Boston Piers-MOS-2 project;
(73)<DELETED>$2,000,000 for the Burlington-Charlotte,
Vermont commuter rail project;
</DELETED> (74)<DELETED>$5,500,000 for the Canton-Akron-
Cleveland commuter rail project;
</DELETED> (75)<DELETED>$25,000,000, </DELETED>$20,000,000
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;
(76)<DELETED>$10,000,000 </DELETED>$12,000,000 for the DART
North Central light rail extension project;
(77)<DELETED>$12,500,000 </DELETED>$18,000,000 for the
Dallas-Fort Worth RAILTRAN project;
(78)<DELETED>$1,000,000 for the DeKalb County, Georgia
light rail project;
</DELETED> (79)<DELETED>$3,000,000 for the Denver Southwest
Corridor project;
</DELETED> (80)<DELETED>$9,000,000 </DELETED>$20,000,000 for
the Florida Tri-County commuter rail project;
(81)<DELETED>$2,000,000 for the Griffin light rail project;
</DELETED> (82)<DELETED>$40,590,000 </DELETED>$24,000,000
for the Houston Regional Bus project;
(83)<DELETED>$7,400,000 for the Jackson, Mississippi
Intermodal Corridor;
</DELETED> (84)<DELETED>$15,300,000 for the Jacksonville ASE
extension project;
</DELETED> (85)<DELETED>$1,500,000 </DELETED>$3,600,000 for
the Kansas City Southtown corridor project;
(86)<DELETED>$6,000,000 for the Little Rock, Arkansas
Junction Bridge project;
</DELETED> (87)<DELETED>$90,000,000 </DELETED>$55,000,000
for the Los Angeles-MOS-3 project;
(88)<DELETED>$1,500,000 for the Los Angeles-San Diego
commuter rail project;
</DELETED> (89)<DELETED>$27,000,000 </DELETED>$50,000,000
for the MARC Commuter Rail Improvements project;
(90)$5,000,000 for the Metro-Dade Transit east-west
corridor, Florida project;
(91)<DELETED>$1,000,000 for the Miami-North 27th Avenue
project;
</DELETED> (92)<DELETED>$2,000,000 </DELETED>$6,400,000 for
the Memphis, Tennessee Regional Rail Plan;
(93)$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;
(94)<DELETED>$1,000,000 for the New Jersey West Trenton
commuter rail project;
</DELETED> (95)<DELETED>$8,000,000 </DELETED>$10,000,000 for
the New Orleans Canal Street Corridor project;
(96)<DELETED>$2,000,000 for the New Orleans Desire
Streetcar project;
</DELETED> $35,020,000 for the New York-Queens Connection
project;
(97)<DELETED>$500,000 for the Northern Indiana commuter
rail project;
</DELETED> (98)$10,000,000 for the Oklahoma City, MAPS
corridor transit system;
(99)<DELETED>$5,000,000 for the Orange County transitway
project;
</DELETED> $2,000,000 for the Orlando Lynx light rail
project;
(100)$15,100,000 for the Pittsburgh Airport busway project;
(101)$6,000,000 for the Portland South/North light rail
transit project;
(102)<DELETED>$90,000,000 </DELETED>$138,000,000 for the
Portland-Westside/Hillsboro Extension project;
(103)$5,000,000 for the Research Triangle Park, North
Carolina regional transit plan;
(104)<DELETED>$6,000,000 </DELETED>$7,000,000 for the
Sacramento LRT Extension project;
(105)<DELETED>$20,000,000 </DELETED>$58,000,000 for the
Salt Lake City-South LRT project(106)<DELETED>,-of which not
less than $10,000,000 shall be available only for high-
occupancy vehicle lane and corridor design costs</DELETED>;
(107)$30,000,000 for St. Louis Metrolink;
(108)<DELETED>$20,000,000 </DELETED>$45,000,000 for the St.
Louis-St. Clair Extension project;
(109)<DELETED>$35,000,000 </DELETED>$20,000,000 for the San
Francisco Area-BART airport extension/San Jose Tasman West LRT
projects;
(110)<DELETED>$3,000,000 for the San Diego-Mid-Coast
Corridor project;
</DELETED> (111)<DELETED>$9,500,000 for the San Juan Tren
Urbano project;
</DELETED> (112)$5,000,000 for the Seattle-Renton-Tacoma
light rail project;
(113)<DELETED>$375,000 for the Staten Island-Midtown Ferry
service project;
</DELETED> $2,000,000 for the Tampa to Lakeland commuter
rail project; (114)<DELETED>and
</DELETED> (115)$8,000,000 for the Virginia Rail Express
Richmond to Washington commuter rail project; and
(116)<DELETED>$2,500,000 </DELETED>$5,000,000 for the
Whitehall ferry terminal, New York, New York.
Mass Transit Capital Fund
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C.
5338(b) administered by the Federal Transit Administration,
(117)<DELETED>$2,000,000,000 </DELETED>$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
Public Law 96-184 and Public Law 101-551, (118)<DELETED>$200,000,000
</DELETED>$198,510,000, 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 commitments 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 by the
Saint Lawrence Seaway Development Corporation, including the Great
Lakes Pilotage functions delegated by the Secretary of Transportation,
(119)<DELETED>$10,037,000 </DELETED>$10,337,000, to be derived from the
Harbor Maintenance 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, (120)<DELETED>$23,929,000
</DELETED>$27,675,000, 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,
counties, 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,
(121)<DELETED>$30,988,000 </DELETED>$31,278,000, of which $2,528,000
shall be derived from the Oil Spill Liability Trust Fund and shall
remain available until September 30, 1999; and of which
(122)<DELETED>$28,460,000 </DELETED>$28,750,000 shall be derived from
the Pipeline Safety Fund, of which $15,500,000 shall remain available
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 Consolidated 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 Secretary of Transportation,
or his designee.
OFFICE OF INSPECTOR GENERAL
Salaries and Expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
(123)<DELETED>$39,450,000 </DELETED>$39,700,000: Provided, That
(124)<DELETED>none of the funds under this heading shall be for the
conduct of contract audits </DELETED>of which $1,900,000 shall be for
the conduct of contract audits.
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: Provided,
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: (125)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: 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 Transportation
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 appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 302. Such sums as may be necessary for fiscal year 1997 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
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 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 Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
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 Act for
any consulting service through procurement contract pursuant to section
3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 310. (a) For fiscal year 1997 the Secretary of Transportation
shall distribute the obligation limitation for Federal-aid highways by
allocation in the ratio which sums authorized to be appropriated for
Federal-aid highways that are apportioned or allocated to each State
for such fiscal year bear to the total of the sums authorized to be
appropriated for Federal-aid highways that are 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 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 Public Law 102-240; and
(3) not distribute amounts authorized for administrative
expenses and funded from the administrative takedown authorized
by section 104(a), title 23 U.S.C., the Federal lands highway
(126)<DELETED>program, </DELETED>program; the intelligent
transportation systems (127)<DELETED>program, and </DELETED>
program; 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(128); $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
$5,000,000 shall be available for administrative costs and
allocation to States under section 1302(d) of the Symms
National Recreational Trails Act of 1991:
(129)<DELETED>Provided </DELETED>Provided further, 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 programs 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), 131(j), 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).
(130)(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).
Sec. 311. The limitation on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation under the
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 may
transfer, without consideration, to the Federal Aviation Administration
(FAA) instrument landing systems (along with associated approach
lighting equipment and runway visual range equipment) which conform to
FAA design and performance specifications, the purchase of which was
assisted by a Federal airport aid program, airport development aid
program or airport improvement program grant. The FAA shall accept such
equipment, which shall thereafter be operated and 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 procurement 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 government'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 performance upon the appropriation of funds:
Provided, That this limitation does not apply to a contract in which
the Federal Government 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 program by
the Department of Transportation that only applies to United States
flag carriers.
Sec. 317. Notwithstanding any other provision of law, and except
for fixed guideway modernization projects, funds made available by this
Act under ``Federal Transit Administration, Discretionary 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 U.S.C., 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 withdrawal of
a slot from an air carrier at O'Hare International Airport under
section 93.223 of title 14 of the Code of Federal Regulations in excess
of the total slots withdrawn from that air carrier as of October 31,
1993 if such additional slot is to be allocated to an air carrier or
foreign air carrier under section 93.217 of title 14 of the Code of
Federal Regulations.
Sec. 320. None of the funds in this Act may be used to compensate
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 Aviation 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 Department 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 Administration,
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 Administration'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.
(131)<DELETED>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 economy
standards for automobiles, as defined in such title, in any model year
that differs from standards promulgated for such automobiles prior to
enactment of this section.
</DELETED> 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(132): 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.
Sec. 325. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, 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: Provided, That such funds
shall not be subject to the obligation limitation for Federal-aid
highways and highway safety construction: Provided further,
(133)<DELETED>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 </DELETED>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.
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 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 identified
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 syndrome (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 appropriation by
Congress, whether before or after the introduction of any bill or
resolution proposing such legislation or appropriation: Provided, 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.
(134)<DELETED>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.
</DELETED> Sec. 331. Not to exceed (135)<DELETED>$850,000
</DELETED>$1,050,000 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 subsequent Act, to
administer and implement the exemption provisions of 49 CFR 580.6 and
to adopt or amend exemptions from the disclosure requirements of 49 CFR
part 580 for any class or category of vehicles that the Secretary deems
appropriate.
(136)<DELETED>Sec. 333. No funds other than those appropriated to
the Surface Transportation Board shall be used for conducting the
activities of the Board.
</DELETED> (137)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.''.
Sec. 334. None of the funds made available in this Act may be used
to construct, or to pay the salaries or expenses of Department 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. 335. 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
(3) by inserting before the period at the end the
following: ``, and the locally preferred alternative for the
South/North Corridor Project''.
(138)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''.
Sec. 336. 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.
(139)<DELETED>Sec. 337. 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.
</DELETED> (140)<DELETED>Sec. 338. 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.
</DELETED> (141)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)<DELETED>Sec. 339. Section 423 of H.R. 1361, as passed the
House of Representatives on May 9, 1995, is hereby enacted into law.
</DELETED> (143)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.
Sec. 340. (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 products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds
made available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in 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 Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label 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 debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(144)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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
(160)<DELETED>Sec. 401. Notwithstanding any other provision of law,
semitrailer units operating in a truck tractor-semitrailer combination
whose semitrailer unit is more than forty-eight feet in length and
truck tractor-semitrailer-trailer combinations specified in section
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.
</DELETED> (161)<DELETED>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''.
</DELETED> (162)<DELETED>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--
<DELETED> (1) by striking ``St. Thomas,''; and</DELETED>
<DELETED> (2) by inserting after ``the island'' the
following: ``of St. Thomas and improvements to the VIPA
Molasses Dock intermodal port facility on the island of St.
Croix to make the facility capable of handling multiple cargo
tasks''.</DELETED>
(163)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.
Sec. 404. The Secretary of Transportation is hereby authorized to
enter into an agreement modifying the agreement entered into pursuant
to section 336 of the Department of Transportation and Related Agencies
Appropriations Act, 1995 (Public Law 103-331) 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; provided, however, that the Secretary may only
enter into such modification 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 original appropriation. An agreement
entered into pursuant to this section may not obligate the Secretary to
make any funds available until all remaining contingency reserves are
exhausted, and in no event shall any funds be made available before
October 1, 1998.
(164)<DELETED>Sec. 405. Public Law 100-202 is amended in the item
relating to ``Traffic Improvement Demonstration Project'' by inserting
after ``project'' the following: ``or upgrade existing local roads''.
</DELETED> (165)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)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)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)<DELETED>TITLE V--ADDITIONAL GENERAL PROVISIONS
</DELETED> (169)<DELETED>Sec. 501. (a) Limitation on New Loan
Guarantees for Certain Railroad Projects</DELETED>.--<DELETED>None of
the funds made available in this Act may be used for the cost of any
new loan guarantee commitment for any railroad project, when it is made
known to the Federal official having authority to obligate or expend
such funds that such railroad project is an international railroad
project of the United States and another country, or a railroad project
in the United States in the vicinity of the United States border with
another country.
<DELETED> (b) Exception.--Subsection (a) shall not apply when it is
made known to the Federal official having authority to obligate or
expend such funds that--</DELETED>
<DELETED> (1) a comprehensive study has been conducted after
the date of the enactment of this Act regarding criminal
activities that have occurred on existing railroads of such
type, including--</DELETED>
<DELETED> (A) the use of such railroads to
facilitate the smuggling of illegal aliens and illegal
drugs into the United States, and the impact of such
smuggling on the total number of illegal aliens, and
the total amount of illegal drugs, entering the United
States; and</DELETED>
<DELETED> (B) the commission of robberies against
such railroads; and</DELETED>
<DELETED> (2) a detailed report setting forth the results of
such study has been issued and made available to the
public.</DELETED>
(170)<DELETED>Sec. 502. 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.
</DELETED> This Act may be cited as the ``Department of
Transportation and Related Agencies Appropriations Act, 1997''.
Passed the House of Representatives June 28 (legislative
day of June 27), 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By Linda Nave,
Deputy Clerk.
Passed the Senate July 31, 1996.
Attest:
KELLY D. JOHNSTON,
Secretary.