[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2169 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 30, 1997.
      Resolved, That the bill from the House of Representatives (H.R. 
2169) entitled ``An Act making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 1998, and for other purposes.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of 
Transportation and Related Agencies for the fiscal year ending 
September 30, 1998, 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, $66,703,000, 
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 and not to exceed $10,567,000 shall be 
available for rental of headquarters space, related services assessed 
by the General Services Administration, and for department wide 
facility security enhancements: 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: 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, $4,400,000.

                        Payments to Air Carriers

                 (rescission of contract authorization)

                    (airport and airway trust fund)

    Of the budgetary resources provided for ``Small Community Air 
Service'' by Public Law 101-508, for fiscal year 1998, $38,600,000 are 
rescinded.

               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 Minority Business Resource Center 
outreach activities, $2,900,000, of which $2,635,000 shall remain 
available until September 30, 1999: Provided, That notwithstanding 49 
U.S.C. 332, these funds may be used for business opportunities related 
to any mode of transportation.

                              COAST GUARD

                           Operating Expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for; purchase of not to exceed five 
passenger motor vehicles for replacement only; payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and 
recreation and welfare; $2,435,400,000, 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 221, 
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: Provided further, That 
notwithstanding any other provision of law, none of the funds 
appropriated by this Act or any other Act for the Coast Guard shall be 
used for protection and maintenance of Governors Island, New York.

              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, $412,300,000, of which 
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund; 
of which $214,700,000 shall be available to acquire, repair, renovate 
or improve vessels, small boats and related equipment, to remain 
available until September 30, 2002; $26,400,000 shall be available to 
acquire new aircraft and increase aviation capability, to remain 
available until September 30, 2000; $51,200,000 shall be available for 
other equipment, to remain available until September 30, 2000; 
$73,000,000 shall be available for shore facilities and aids to 
navigation facilities, to remain available until September 30, 2000; 
and $47,000,000 shall be available for personnel compensation and 
benefits and related costs, to remain available until September 30, 
1999: Provided, That funds received from the sale of 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: Provided further, That not more than $9,000,000 shall be 
credited as offsetting collections to this account, to be available for 
the purposes of this account: Provided further, That the amount herein 
appropriated from the General Fund shall be reduced by such amount: 
Provided further, That any proceeds from the sale or lease of Coast 
Guard surplus real property in excess of $9,000,000 shall be retained 
and remain available until expended, but shall not be available for 
obligation until October 1, 1998: Provided further, That the Secretary, 
acting through the Commandant, may enter into a long-term Use Agreement 
with the City of Unalaska for dedicated pier space on the municipal 
dock necessary to support Coast Guard enforcement vessels when such 
vessels call on the Port of Dutch Harbor, Alaska.

                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, $21,000,000, to remain available until expended.

                         Alteration of Bridges

    For necessary expenses for alteration or removal of obstructive 
bridges, $26,000,000, 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); $653,196,000.

                            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; $65,535,000.

              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, $20,000,000, to remain available until expended, of 
which $3,500,000 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, $35,000,000, to 
be derived from the Boat Safety Account and to remain available until 
expended.

                    FEDERAL AVIATION ADMINISTRATION

                               Operations

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research 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 passenger motor 
vehicles for replacement only, in addition to amounts made available by 
Public Law 104-264, $5,325,900,000, of which $1,901,628,000 shall be 
derived from the Airport and Airway Trust Fund: Provided, 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: Provided further, That up to $5,000 of funds 
appropriated under this heading may be used for activities under the 
Aircraft Purchase Loan Guarantee Program.

                        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, 
$1,889,004,883, of which $1,669,894,883 shall remain available until 
September 30, 2000, and of which $219,110,000 shall remain available 
until September 30, 1998: 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, $214,250,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2000: 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, $1,600,000,000, 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 $1,700,000,000 in fiscal year 1998 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: Provided further, That discretionary funds 
available for noise planning and mitigation shall not exceed 
$200,000,000 and discretionary funds available for the military airport 
program shall not exceed $26,000,000.

                       Grants-in-Aid For Airports

                    (airport and airway trust fund)

                 (rescission of contract authorization)

    Of the unobligated balances authorized under 49 U.S.C. 48103 as 
amended, $190,000,000 are rescinded.

                   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

    Except as specifically provided elsewhere in this Act, none of the 
funds in this Act shall be available for activities under this heading 
during fiscal year 1998.

                     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 $558,440,000 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 
$245,687,000 of the amount provided herein shall remain available until 
September 30, 2000.

                     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, 
$4,000,000 to be derived from the Highway Trust Fund.

                 Appalachian Development Highway System

    For carrying out the provisions of section 1069(y) of Public Law 
102-240, relating to construction of, and improvements to, corridors of 
the Appalachian Development Highway System, $300,000,000 to remain 
available until expended.

                          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 $21,800,000,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 1998.

                          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, $20,850,000,000 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)

    For the cost of direct loans to be repaid with other than Federal 
funds, $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, $85,000,000, 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 $84,300,000 for 
``Motor Carrier Safety Grants''.

             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, $74,760,000, to 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, 
$71,740,000, to remain available until September 30, 1999.

                     Highway Traffic Safety Grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred carrying out the provisions of 
23 U.S.C. 153, 402, 408, and 410, and chapter 303 of title 49, United 
States Code, to remain available until expended, $186,000,000, 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 1998, are in excess of $187,000,000 for programs authorized 
under 23 U.S.C. 402, 410, and chapter 303 of title 49, U.S.C., of which 
$150,700,000 shall be for ``State and community highway safety 
grants'', $2,300,000 shall be for the ``National Driver Register'', and 
$34,000,000 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 
$4,948,000 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 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, $19,800,000, of which $1,339,000 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, $57,067,000, of which $5,400,000 shall remain 
available until expended: Provided, That notwithstanding any other 
provision of 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, 
$24,906,000, to remain available until expended.

                 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, $273,450,000, to remain available until September 30, 1999, of 
which $23,450,000 shall be for the Pennsylvania Station Redevelopment 
Project.

            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 1998.

                    Next Generation High-Speed Rail

    For necessary expenses for Next Generation High-Speed Rail studies, 
corridor planning, development, demonstration, and implementation, 
$26,000,000, to remain available until expended: Provided, That funds 
under this head may be made available for grants to States for high-
speed rail corridor design, feasibility studies, environmental 
analyses, and track and signal improvements.

                     Alaska Railroad Rehabilitation

    To enable the Secretary of Transportation to make grants to the 
Alaska Railroad, $17,000,000 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, 
$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 
$13,000,000 in damages resulting from the legal action initiated by the 
P&W Railroad under its existing contracts with Amtrak relating to the 
provision of vertical clearances between Davisville and Central Falls 
in excess of those required for present freight operations.

         Grants to the National Railroad Passenger Corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation authorized by 49 U.S.C. 24104, 
$344,000,000, to remain available until expended, to be available for 
operating losses and for mandatory passenger rail service payments: 
Provided, 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: Provided 
further, That, subject to the enactment of the Revenue Reconciliation 
Act of 1997, and the adjustment of the discretionary limit as provided 
in section 1653(b)(2)(F) to enable appropriations to be made from the 
Intercity Passenger Rail Fund in accordance with section 9901(c) of the 
Internal Revenue Code, $641,000,000, to remain available until 
expended, to finance qualified expenses of the National Railroad 
Passenger Corporation and each non-Amtrak State, as defined in section 
9901(d) of such Code: Provided further, That amounts available for 
obligation from the Intercity Passenger Rail Fund shall be withheld 
until the enactment of a subsequent appropriations Act releasing such 
funds for obligation.

                     FEDERAL TRANSIT ADMINISTRATION

                        Administrative Expenses

    For necessary administrative expenses of the Federal Transit 
Administration for carrying out programs authorized by chapter 53 of 
title 49, United States Code, $41,497,000, together with advances and 
reimbursements received by the Federal Transit Administration: 
Provided, That none of the funds in this Act shall be available for the 
execution of contracts under section 5327(c) of title 49, United States 
Code, in an aggregate amount that exceeds $15,000,000.

                             Formula Grants

    For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2), 
5311, and 5336, to remain available until expended, $190,000,000: 
Provided, That no more than $2,400,000,000 of budget authority shall be 
available for these purposes.

                   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, $77,250,000, 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); $3,000,000 for National Transit Institute 
(49 U.S.C. 5315): Provided, That within the funds made available under 
this heading, $500,000 may be made available to the Colorado Department 
of Transportation to study the metropolitan planning process and 
organization in the Denver metropolitan area. The study shall be based 
on a scope of work agreed to by Douglas County (on behalf of selected 
Denver regional county governments and municipal governments), the 
Denver Regional Council of Governments, and the Colorado Department of 
Transportation. Within 24 months of enactment of this Act, the 
recommendations of this study will be transmitted to the Senate and 
House Committees on Appropriations.

                      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), $2,210,000,000, to remain available until expended and to be 
derived from the Highway Trust Fund: Provided, That $2,210,000,000 
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 $2,008,000,000 in fiscal year 1998 for grants under the 
contract authority in 49 U.S.C. 5338(b): Provided, That there shall be 
available for fixed guideway modernization, $780,000,000; there shall 
be available for the replacement, rehabilitation, and purchase of buses 
and related equipment and the construction of bus-related facilities, 
$440,000,000; and, notwithstanding any other provision of law, except 
for fixed guideway modernization projects, $6,345,000 made available 
under Public Law 104-205 under ``Federal Transit Administration, 
Discretionary Grants'', for the Alaska-Hollis to Ketchikan ferry 
project shall be made available for new fixed guideway systems together 
with the $788,000,000 made available for new fixed guideway systems in 
this Act, to be available as follows:
            $44,600,000 for the Atlanta-North Springs project;
            $1,000,000 for the Austin Capital metro project;
            $34,500,000 for the BART San Francisco Airport and San Jose 
        Tasman extension projects;
            $46,200,000 for the Boston Piers-MOS-2 project;
            $2,000,000 for the Boston urban ring project;
            $8,000,000 for the Burlington-Essex, Vermont commuter rail 
        project;
            $800,000 for the Canton-Akron-Cleveland commuter rail 
        project;
            $3,000,000, for the Charleston monobeam rail project;
            $500,000 for the Cincinnati Northeast/Northern Kentucky 
        rail line project;
            $5,000,000 for the Clark County Nevada RTC fixed guideway 
        project;
            $14,000,000 for the DART North Central light rail extension 
        project;
            $30,000,000 for the Denver Southwest Corridor project;
            $50,000,000 for the New York East Side access project;
            $12,000,000 for the Florida Tri-County commuter rail 
        project;
            $4,000,000 for the Galveston rail trolley system project;
            $2,000,000 for the Griffin light rail project;
            $51,100,000 for the Houston Regional Bus project;
            $1,500,000 for the Indianapolis northeast corridor project;
            $3,000,000 for the Jackson, Mississippi Intermodal 
        Corridor;
            $4,645,000 for the Little Rock, Arkansas Junction Bridge 
        project;
            $51,000,000 for the Los Angeles MOS-3 project;
            $35,000,000 for the MARC Commuter Rail Improvements 
        project;
            $1,000,000 for the Memphis, Tennessee Regional Rail Plan;
            $500,000 for the Nassau Hub rail link EIS project;
            $64,000,000 for the New Jersey Urban Core/Hudson-Bergen LRT 
        project;
            $27,000,000 for the New Jersey Urban Core/Secaucus project;
            $4,000,000 for the New Orleans Canal Street Corridor 
        project;
            $14,000,000 for the North Carolina Research Triangle Park 
        project;
            $6,000,000 for the Northern Indiana commuter rail project;
            $2,000,000 for the Oklahoma City, MAPS corridor transit 
        system;
            $31,800,000 for the Orlando Lynx light rail project;
            $8,000,000 for the Pittsburgh Airport busway project;
            $63,400,000 for the Portland-Westside/Hillsboro Extension 
        project;
            $2,000,000 for the Roaring Fork Valley rail project;
            $20,300,000 for the Sacramento LRT Extension project;
            $84,000,000 for the Salt Lake City South LRT project;
            $8,000,000 for the Salt Lake City regional commuter system 
        project;
            $24,000,000 for the Seattle-Tacoma light rail and commuter 
        rail project;
            $500,000 for the Springfield-Branson, MO commuter rail 
        project;
            $30,000,000 for the St. Louis-St. Clair Extension project.

                       Mass Transit Capital Fund

                (liquidation of contract authorization)

                          (highway trust fund)

    For payment of obligations incurred in carrying out 49 U.S.C. 
5338(b) administered by the Federal Transit Administration, 
$2,350,000,000, to be derived from the Highway Trust Fund and to remain 
available until expended.

             Washington Metropolitan Area Transit Authority

    For necessary expenses to carry out section 14 of Public Law 96-184 
and Public Law 101-551, $160,000,000, to remain available until 
expended.

              RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

                     Research and Special Programs

    For expenses necessary to discharge the functions of the Research 
and Special Programs Administration, $28,450,000, of which $574,000 
shall be derived from the Pipeline Safety Fund, and of which $4,950,000 
shall remain available until September 30, 2000: Provided, That up to 
$1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited 
in the general fund of the Treasury as offsetting receipts: Provided 
further, That there may be credited to this appropriation, to be 
available until expended, funds received from States, counties, 
municipalities, other public authorities, and private sources for 
expenses incurred for training, for reports publication and 
dissemination, and for expenses incurred in performance of hazardous 
materials exemptions and approvals functions.

                            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, 
$33,000,000, of which $3,000,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2000; and of which $30,000,000 shall be derived from the Pipeline 
Safety Fund, of which $14,839,000 shall remain available until 
September 30, 2000: Provided, That of these amounts, $1,500,000 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 49 U.S.C. 60301, and that an additional 
$500,000 in amounts previously collected under 49 U.S.C. 60301 is 
available to conduct general functions of the pipeline safety program.

                     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, 2000: Provided, That none of the funds made 
available by 49 U.S.C. 5116(i) and 5127(d) shall be made available for 
obligation by individuals other than the Secretary of Transportation, 
or his designee.

                      OFFICE OF INSPECTOR GENERAL

                         Salaries and Expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$38,900,000: Provided, That none of the funds under this heading shall 
be for the conduct of contract audits.

                      SURFACE TRANSPORTATION BOARD

                         Salaries and Expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $12,300,000: Provided, 
That $3,100,000 in fees collected in fiscal year 1998 by the Surface 
Transportation Board pursuant to 31 U.S.C. 9701 shall be made available 
to this appropriation in fiscal year 1998: Provided further, That any 
fees received in excess of $3,100,000 in fiscal year 1998 shall remain 
available until expended, but shall not be available for obligation 
until October 1, 1998.

                                TITLE II

                            RELATED AGENCIES

       ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

                         Salaries and Expenses

    For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended, $3,640,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for publications and training 
expenses.

                  NATIONAL TRANSPORTATION SAFETY BOARD

                         Salaries and Expenses

    For necessary expenses of the National 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) 
$49,700,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses.

                             Emergency Fund

    For necessary expenses of the National Transportation Safety Board 
for accident investigations, including hire of passenger motor vehicles 
and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the per diem rate equivalent to the rate for 
a GS-18; uniforms, or allowances therefor, as authorized by law (5 
U.S.C. 5901-5902), $1,000,000 to remain available until expended.

                               TITLE III

                           GENERAL PROVISIONS

                     (including transfers of funds)

    Sec. 301. During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for maintenance 
and operation of aircraft; hire of passenger motor vehicles and 
aircraft; purchase of liability insurance for motor vehicles operating 
in foreign countries on official department business; and uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
    Sec. 302. Such sums as may be necessary for fiscal year 1998 pay 
raises for programs funded in this Act shall 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 1998 the Secretary of Transportation 
shall distribute the obligation limitation for Federal-aid highways by 
allocation in the ratio which sums authorized to be appropriated for 
Federal-aid 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) Notwithstanding subsection (a), 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, 1998, 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) of title 23, United States Code, the Federal 
        lands highway program, the intelligent transportation systems 
        program, and amounts made available under sections 1040, 1047, 
        1064, 6001, 6005, 6006, 6023, and 6024 of Public Law 102-240, 
        and 49 U.S.C. 5316, 5317, and 5338: Provided, That amounts made 
        available under section 6005 of Public Law 102-240 shall be 
        subject to the obligation limitation for Federal-aid highways 
        and highway safety construction programs under the head 
        ``Federal-Aid Highways'' in this Act.
    (c) During the period August 2 through September 30, 1998, the 
aggregate amount which may be obligated by all States shall not exceed 
2.5 percent of the aggregate amount of funds apportioned or allocated 
to all States--
            (1) under sections 104 and 144 of title 23, United States 
        Code, and 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 1998 if the total amount of the obligation 
        limitation provided for such fiscal year in this Act were 
        utilized.
    (d) Paragraph (c) shall not apply to any State which on or after 
August 1, 1998, has the amount distributed to such State under 
paragraph (a) for fiscal year 1998 reduced under paragraph (c)(2).
    Sec. 311. The limitations 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. For the purposes of funds made available under the 
heading, Formula Grants, the term ``Capital Project'' includes a 
project for--
            (A)(i) acquisition, construction, supervision, or 
        inspection of a facility or equipment, including inspection 
        thereof, for use in mass transportation; and
            (ii) expenses incidental to the acquisition or construction 
        (including designing, engineering, location survey, mapping, 
        acquiring rights of way, associated pre-revenue startup costs, 
        and environmental mitigation), payments for rail trackage 
        rights, Intelligent Transportation Systems, relocation 
        assistance, acquiring replacement housing sites, and acquiring, 
        constructing, relocating, and rehabilitating replacement 
        housing;
            (B) rehabilitating a bus;
            (C) remanufacturing a bus;
            (D) overhauling rail rolling stock;
            (E) preventive maintenance; and
            (F) financing the operating costs of equipment and 
        facilities used in mass transportation in urbanized areas with 
        a population of less than 200,000.
    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, 2000, shall be made available 
for other projects under 49 U.S.C. 5309.
    Sec. 318. Notwithstanding any other provision of law, any funds 
appropriated before October 1, 1993, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure may 
be transferred to and administered under the most recent appropriation 
heading for any such section.
    Sec. 319. 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.
    Sec. 320. 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 49 U.S.C. 111 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.
    Sec. 321. The Secretary of Transportation is authorized to transfer 
funds appropriated in this Act to make rental payments to the General 
Services Administration 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. 322. 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. 323. Not to exceed $1,000,000 of the funds provided in this 
Act for the Department of Transportation shall be available for the 
necessary expenses of advisory committees.
    Sec. 324. Notwithstanding any other provision of law, the Secretary 
may use funds appropriated under this Act, or any subsequent Act, to 
administer and implement the exemption provisions of 49 CFR 580.6 and 
to adopt or amend exemptions from the disclosure requirements of 49 CFR 
part 580 for any class or category of vehicles that the Secretary deems 
appropriate.
    Sec. 325. No funds other than those appropriated to the Surface 
Transportation Board or fees collected by the Board shall be used for 
conducting the activities of the Board.
    Sec. 326. (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.
    Sec. 327. Notwithstanding any other provision of law, receipts, in 
amounts determined by the Secretary, collected from users of fitness 
centers operated by or for the Department of Transportation shall be 
available to support the operation and maintenance of those facilities.
    Sec. 328. Notwithstanding any other provision of law, of amounts 
made available under Federal Aviation Administration ``Operations'', 
the FAA shall provide personnel at Dutch Harbor, Alaska to provide 
real-time weather and runway observation and other such functions to 
help ensure the safety of aviation operations.
    Sec. 329. Notwithstanding any other provision of law, an amount not 
to exceed 5 per centum of any discretionary appropriation (pursuant to 
the Balanced Budget and Emergency Deficit Control Act, as amended) 
which is available in this Act for the current fiscal year for the 
Department of Transportation may be transferred between such 
appropriations: Provided, That no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 per 
centum by any such transfers: Provided further, That any transfer 
pursuant to this section shall be treated as a reprogramming of funds.
    Sec. 330. In addition to funds provided in this or any other Act, 
the Department of Transportation is authorized to receive and use funds 
resulting from fees charged to providers of telecommunications services 
for using Federal property for the siting of mobile service antennas: 
Provided, That, in fiscal year 1998 and thereafter, all such payments 
received by the Department shall be credited to appropriate accounts 
contained in this Act for operations, salaries and other expenses.
    Sec. 331. Notwithstanding 49 U.S.C. 41742, no essential air service 
shall be provided to communities in the forty-eight contiguous States 
that are located fewer than seventy highway miles from the nearest 
large and 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.
    Sec. 332. (a) In General.--For purposes of the exception set forth 
in section 29(a)(2) of the International Air Transportation Competition 
Act of 1979 (Public Law 96-192; 94 Stat. 35) and subsection (b) of this 
section, the term ``passenger capacity of 56 passengers or less'', 
includes any aircraft, except aircraft exceeding gross aircraft weight 
of 300,000 pounds, reconfigured to accommodate 56 or fewer passengers 
if the total number of passenger seats installed on the aircraft does 
not exceed 56.
    (b) City of Dallas May Prohibit Certain Flights Using Reconfigured 
Aircraft.--If the city of Dallas, Texas, by a majority vote of all city 
council members, as owner of Love Field, approves within 60 days after 
the date of enactment of this Act a prohibition on any operator from 
reconfiguring an aircraft, originally designed to contain more than 56 
seats, to contain seats for 56 or fewer passengers in order to meet the 
passenger capacity requirement for the exception provided by section 
29(a)(2) of the International Air Transportation Competition Act of 
1979 (Public Law 96-192; 94 Stat. 35), then no such operator operating 
such an aircraft may conduct commercial passenger aircraft operations 
from Love Field, Texas, to a destination in a State that is not 
contiguous to the State of Texas. In no event shall the total number of 
passenger seats installed on the aircraft exceed 56. In no event shall 
this section affect any other provision of law.
    Sec. 333. Rebates, refunds, incentive payments, minor fees and 
other funds received by the Department from travel management centers, 
charge card programs, the subleasing of building space, and 
miscellaneous sources are to be credited to appropriations of the 
Department and allocated to elements of the Department using fair and 
equitable criteria and such funds shall be available until December 31 
of the next fiscal year.
    Sec. 334. Notwithstanding any other provision of law, the 
Department of the Navy is directed to transfer the USNS EDENTON (ATS-
1), currently in Inactive Ship status, to the United States Coast 
Guard.
    Sec. 335. (a) Findings.--The Congress finds that--
            (1) Congress has the authority under article I, section 8 
        of the Constitution to regulate the air commerce of the United 
        States;
            (2) section 47107 of title 49, United States Code, 
        prohibits the diversion of certain revenue generated by a 
        public airport as a condition of receiving a project grant;
            (3) a grant recipient that uses airport revenues for 
        purposes that are not airport related in a manner inconsistent 
        with chapter 471 of title 49, United States Code, illegally 
        diverts airport revenues;
            (4) illegal diversion of airport revenues undermines the 
        interest of the United States in promoting a strong national 
        air transportation system;
            (5) the policy of the United States that airports should be 
        as self-sustaining as possible and that revenues generated at 
        airports should not be diverted from airport purposes was 
        stated by Congress in 1982 and reaffirmed and strengthened in 
        1987, 1994, and 1996;
            (6) certain airports are constructed on lands that may have 
        belonged, at one time, to native Americans, native Hawaiians, 
        or Alaskan natives;
            (7) contrary to the prohibition against diverting airport 
        revenues from airport purposes under section 47107 of title 49, 
        United States Code, certain payments from airport revenues may 
        have been made for the betterment of native Americans, native 
        Hawaiians, or Alaskan natives based upon the claims related to 
        lands ceded to the United States;
            (8) Federal law prohibits diversions of airport revenues 
        obtained from any source whatsoever to occur in the future 
        whether related to claims for periods of time prior to or after 
        the date of enactment of this Act; and
            (9) because of the special circumstances surrounding such 
        past diversions of airport revenues for the betterment of 
        native Americans, native Hawaiians, or Alaskan natives, it is 
        in the national interest that amounts from airport revenues 
        previously received by any entity for the betterment of native 
        Americans, native Hawaiians, or Alaskan natives, as specified 
        in subsection (b) of this section, should not be subject to 
        repayment.
    (b) Termination of Repayment Responsibility.--Notwithstanding the 
provisions of 47107 of title 49, United States Code, or any other 
provision of law, monies paid for claims related to ceded lands and 
diverted from airport revenues and received prior to April 1, 1996, by 
any entity for the betterment of native Americans, native Hawaiians, or 
Alaskan natives, shall not be subject to repayment.
    (c) Prohibition on Further Diversion.--There shall be no further 
payment of airport revenues for claims related to ceded lands, whether 
characterized as operating expenses, rent, or otherwise, and whether 
related to claims for periods of time prior to or after the date of 
enactment of this Act.
    (d) Clarification.--Nothing in this Act shall be construed to 
affect any existing statutes of the several States that define the 
obligations of such States to native Hawaiians, native Americans, or 
Alaskan natives in connection with ceded lands, except to make clear 
that airport revenues may not be used to satisfy any such obligations.
    Sec. 336. 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.
    Sec. 337. Notwithstanding the provisions of any other law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of 
an amount determined by the Secretary.
    Sec. 338. Notwithstanding any provision of current law, requirement 
or agreement, for purposes of the redevelopment for non-aeronautical 
use of the Richards-Gebaur Memorial Airport located in Kansas City, 
Missouri, and Bader Field in Atlantic City, New Jersey, the Federal 
Aviation Administration may grant the requests of Kansas City to close 
Richards-Gebaur and Atlantic City to close Bader Field as public 
airports; and may release those cities from the terms, conditions, 
reservations, or restrictions in surplus property conveyance/transfer 
documents and from conditions or assurances contained in FAA grant 
agreements or orders applicable to the airports that would otherwise 
prevent the closure of those airports and redevelopment of the 
facilities to non-aeronautical uses, unless the FAA determines that the 
closure would adversely affect safety in air commerce, and is subject 
to the FAA and Kansas City and Atlantic City reaching satisfactory 
resolution of issues regarding the Federal investments in the Richards-
Gebaur Memorial Airport and Bader Field, respectively, and the 
treatment of the proceeds related to the disposition of the airport 
property.
    Sec. 339. Out of the funds made available under this Act to the New 
York Metropolitan Transportation Authority through the Federal Transit 
Administration, the New York Metropolitan Transportation Authority 
shall perform a study to ascertain the costs and benefits of 
instituting an integrated fare system for commuters who use both the 
Metro North Railroad or the Long Island Rail Road and New York City 
subway or bus systems. This study shall examine creative proposals for 
improving the flow of passengers between city transit systems and 
commuter rail systems, including free transfers, discounts, congestion-
pricing and other positive inducements. The study also must include 
estimates of potential benefits to the environment, to energy 
conservation and to revenue enhancement through increased commuter rail 
and transit ridership, as well as other tangible benefits. A report 
describing the results of this study shall be submitted to the Senate 
Appropriations Committee within 45 days of enactment of this Act.
    Sec. 340. Subsection (d)(4) of 49 U.S.C. 31112 is amended by 
striking ``September 30, 1997'' and inserting ``February 28, 1998''.
    Sec. 341. Of funds made available under this Act for discretionary 
grants for replacement, rehabilitation, and purchase of buses and 
related equipment and the construction of bus-related facilities, up to 
$20,000,000 may be provided to the State of Michigan and $12,000,000 to 
the State of Illinois.
    Sec. 342. Pilot Record Sharing. The Administrator of the Federal 
Aviation Administration shall--
            (1) work with air carriers conducting non-scheduled 
        operations under part 135 of the Federal Aviation 
        Administration's regulations (14 C.F.R. 135.1 et seq.) to 
        implement the requirements of section 44936(f) of title 49, 
        United States Code, effectively and expeditiously; and
            (2) implement those requirements with respect to such air 
        carriers not later than February 1, 1998, or sooner if, in 
        working with such air carriers, the Administrator determines 
        that the provisions of that section can be effectively 
        implemented for such air carriers.
    Sec. 343. Exemption Authority for Air Service To Slot-Controlled 
Airports. Section 41714 of title 49, United States Code, is amended by 
adding at the end thereof the following:
    ``(i) Expeditious Consideration of Certain Exemption Requests.--
Within 120 days after receiving an application for an exemption under 
subsection (a)(2) to improve air service between a nonhub airport (as 
defined in section 41731(a)(4)) and a high density airport subject to 
the exemption authority under subsection (a), the Secretary shall grant 
or deny the exemption. The Secretary shall notify the United States 
Senate Committee on Commerce, Science, and Transportation and the 
United States House of Representatives Committee on Transportation and 
Infrastructure of the grant or denial within 14 calendar days after the 
determination and state the reasons for the determination.''.
    Sec. 344. Sense of the Senate Concerning Reauthorization of Highway 
and Mass Transit Programs. (a) Findings.--The Senate finds that--
            (1) on October 1, 1997, authorization for most of the 
        programs authorized by the Intermodal Surface Transportation 
        Efficiency Act of 1991 (Public Law 102-240), including mass 
        transit programs, will expire;
            (2) States, local governments, and the national economy 
        depend on Federal investment in the transportation 
        infrastructure of the United States;
            (3) it is the duty of Congress to reauthorize the programs 
        to ensure that the investment continues to flow and that there 
        is no interruption of critical transportation services or 
        construction; and
            (4) the public and Congress should have a substantial 
        opportunity to review, comment on, and comprehensively debate 
        committee-reported proposals to reauthorize the programs well 
        in advance of their expiration to ensure that the programs 
        adequately reflect the needs of the United States and the 
        contributions of the States.
    (b) Sense of the Senate.--It is the sense of the Senate that this 
Act should not be considered to be a substitute for a comprehensive 
measure reauthorizing highway and mass transit spending programs and 
should not be interpreted to authorize or otherwise direct the 
distribution of funds to the States under expiring formulas under title 
23 or 49, United States Code, in fiscal year 1998.
    Sec. 345. (a) As soon as practicable after the date of enactment of 
this Act, the Secretary of Transportation, acting for the Department of 
Transportation, may take receipt of such equipment and sites of the 
Ground Wave Emergency Network (referred to in this section as ``GWEN'') 
as the Secretary of Transportation determines to be necessary for the 
establishment of a nationwide system to be known as the ``Nationwide 
Differential Global Positioning System'' (referred to in this section 
as ``NDGPS'').
    (b) As soon as practicable after the date of enactment of this Act, 
the Secretary of Transportation may establish the NDGPS. In 
establishing the NDGPS, the Secretary of Transportation may--
            (1) if feasible, reuse GWEN equipment and sites transferred 
        to the Department of Transportation under subsection (a);
            (2) to the maximum extent practicable, use contractor 
        services to install the NDGPS;
            (3) modify the positioning system operated by the Coast 
        Guard at the time of the establishment of the NDGPS to 
        integrate the reference stations made available pursuant to 
        subsection (a);
            (4) in cooperation with the Secretary of Commerce, ensure 
        that the reference stations referred to in paragraph (3) are 
        compatible with, and integrated into, the Continuously 
        Operating Reference Station (commonly referred to as ``CORS'') 
        system of the National Geodetic Survey of the Department of 
        Commerce; and
            (5) in cooperation with the Secretary of Commerce, 
        investigate the use of the NDGPS reference stations for the 
        Global Positioning System Integrated Precipitable Water Vapor 
        System of the National Oceanic and Atmospheric Administration.
    (c) The Secretary of Transportation may--
            (1) manage and operate the NDGPS;
            (2) ensure that the service of the NDGPS is provided 
        without the assessment of any user fee; and
            (3) in cooperation with the Secretary of Defense, ensure 
        that the use of the NDGPS is denied to any enemy of the United 
        States.
    (d) In any case in which the Secretary of Transportation determines 
that contracting for the maintenance of 1 or more NDGPS reference 
stations is cost-effective, the Secretary of Transportation may enter 
into a contract to provide for that maintenance.
    (e) The Secretary of Transportation may--
            (1) in cooperation with appropriate representatives of 
        private industries and universities and officials of State 
        governments--
                    (A) investigate improvements (including potential 
                improvements) to the NDGPS;
                    (B) develop standards for the NDGPS; and
                    (C) sponsor the development of new applications for 
                the NDGPS; and
            (2) provide for the continual upgrading of the NDGPS to 
        improve performance and address the needs of--
                    (A) the Federal Government;
                    (B) State and local governments; and
                    (C) the general public.
    This Act may be cited as the ``Department of Transportation and 
Related Agencies Appropriations Act, 1998''.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                               H. R. 2169

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                               AMENDMENT

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