[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2169 Reported in House (RH)]

                                                 Union Calendar No. 115
105th CONGRESS
  1st Session
                                H. R. 2169

                          [Report No. 105-188]

Making appropriations for the Department of Transportation and related 
 agencies for the fiscal year ending September 30, 1998, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 1997

Mr. Wolf, from the Committee on Appropriations, reported the following 
 bill; which was committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
Making appropriations for the Department of Transportation and related 
 agencies for the fiscal year ending September 30, 1998, 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, 1998, and for 
other purposes, namely:

                                TITLE I

                        OFFICE OF THE SECRETARY

                         Salaries and Expenses

    For necessary expenses of the Office of the Secretary, $60,009,000, 
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: 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 no 
more than $606,000 shall be available for the Office of Acquisition and 
Grants Management, solely for department-wide grants management 
activities: 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.

              Transportation Administrative Service Center

    Necessary expenses for operating costs and capital outlays of the 
Transportation Administrative Service Center, not to exceed 
$121,800,000, 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

                    (airport and airway trust fund)

                 (rescission of contract authorization)

    Of the budgetary resources provided for ``Small Community Air 
Service'' in 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

                     (including transfer of funds)

    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; $2,708,000,000, of which $300,000,000 shall be 
available for defense-related activities and $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 twelve, 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 $34,300,000 of the funds provided under this heading for 
increased drug interdiction activities are not available for obligation 
until the Director, Office of National Drug Control Policy: (1) reviews 
the specific activities and associated costs and benefits proposed by 
the Coast Guard; (2) compares those activities to other drug 
interdiction efforts government-wide; and (3) certifies, in writing, to 
the House and Senate Committees on Appropriations that such 
expenditures represent the best investment relative to other options: 
Provided further, That should the Director, Office of National Drug 
Control Policy decline to make such certification, after notification 
in writing to the House and Senate Committees on Appropriations, the 
Director may transfer, at his discretion, up to $34,300,000 of funds 
provided herein for Coast Guard drug interdiction activities to any 
other entity of the Federal Government for drug interdiction 
activities: Provided further, That up to $615,000 in user fees 
collected pursuant to section 1111 of Public Law 104-324 shall be 
credited to this appropriation as offsetting collections in fiscal year 
1998.

              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, $379,000,000, of which 
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund; 
of which $191,650,000 shall be available to acquire, repair, renovate 
or improve vessels, small boats and related equipment, to remain 
available until September 30, 2002; $33,900,000 shall be available to 
acquire new aircraft and increase aviation capability, to remain 
available until September 30, 2000; $47,050,000 shall be available for 
other equipment, to remain available until September 30, 2000; 
$59,400,000 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 shall be credited to this appropriation, of which 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 so as to result in a final fiscal 
year 1998 appropriation from the General Fund of $370,000,000: 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.

                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, $16,000,000, 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); $645,696,000.

                            Reserve Training

                     (including transfer of funds)

    For all necessary expenses of the Coast Guard Reserve, as 
authorized by law; maintenance and operation of facilities; and 
supplies, equipment, and services; $67,000,000: Provided, That no more 
than $20,000,000 of funds made available under this heading may be 
transferred to Coast Guard ``Operating expenses'' or otherwise made 
available to reimburse the Coast Guard for financial support of the 
Coast Guard Reserve.

              Research, Development, Test, and Evaluation

    For necessary expenses, not otherwise provided for, for applied 
scientific research, development, test, and evaluation; maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law, $19,000,000, 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 four passenger motor 
vehicles for replacement only, $5,300,000,000, of which notwithstanding 
49 U.S.C. 48104(c), $3,425,000,000 shall be derived from the Airport 
and Airway Trust Fund: Provided, That none of the funds in this Act 
shall be available for the Federal Aviation Administration to plan, 
finalize, or implement any regulation that would promulgate new 
aviation user fees not specifically authorized by law after the date of 
enactment of this Act: 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, 
$1,875,000,000, of which $1,655,890,000 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, $185,000,000, 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: Provided further, That none of the funds in this Act may 
be obligated or expended for the ``Flight 2000'' Program.

                       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.

                   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 1998.

                 Administrative Services Franchise Fund

    None of the funds in this Act shall be available to establish new 
activities under the Administrative Services Franchise Fund 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 $510,313,000 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 
$202,226,000 of the amount provided herein shall remain available until 
September 30, 2000.

                          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 $21,500,000,000 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, $20,800,000,000 or so much thereof 
as may be available in and derived from the Highway Trust Fund, to 
remain available until expended.

                      Right-of-Way Revolving Fund

                      (limitation on direct loans)

                          (highway trust fund)

  None of the funds under this head are available for obligations for 
right-of-way acquisition during fiscal year 1998.

                      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 $85,325,000 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, $74,492,000, of which $40,674,000 shall remain available 
until September 30, 2000: 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, 
$72,415,000, of which $49,520,000 shall remain available until 
September 30, 2000.

                     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 $186,500,000 for programs authorized 
under 23 U.S.C. 402, 410, and chapter 303 of title 49, U.S.C., of which 
$140,200,000 shall be for ``State and community highway safety 
grants'', $2,300,000 shall be for the ``National Driver Register'', 
$9,000,000 shall be for ``Occupant Protection Incentive Grants'', 
subject to authorization, and $35,000,000 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 $5,268,000 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, $19,434,000, of which $1,389,000 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: Provided further, That 
none of the funds for rental payments to the General Services 
Administration provided herein shall be used to pay the expenses of 
headquarters' employees outside of the Nassif building after January 1, 
1998.

                            Railroad Safety

    For necessary expenses in connection with railroad safety, not 
otherwise provided for, $56,967,000, of which $5,511,000 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, 
$21,038,000, 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, $250,000,000, to remain available until September 30, 2000.

            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, 
$18,395,000, 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.

                     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 
$23,000,000 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, 
$543,000,000, to remain available until expended, of which $202,000,000 
shall be available for operating losses, $81,000,000 shall be available 
for mandatory passenger rail service payments, and $260,000,000 shall 
be for capital improvements: Provided, That none of the funds herein 
appropriated for mandatory railroad retirement payments shall be used 
for payments for National Railroad Passenger Corporation employees: 
Provided further, That none of the funds in this Act may be obligated 
or expended for operating losses in excess of the amounts specifically 
provided herein: Provided further, That none of the funds provided for 
capital improvements may be transferred to operating losses to pay for 
debt service interest unless specifically authorized by law after the 
date of enactment of this Act: Provided further, That the incurring of 
any obligation or commitment by the Corporation for the purchase of 
capital improvements prohibited by this Act or not expressly provided 
for in an appropriations Act shall be deemed a violation of 31 U.S.C. 
1341: Provided further, That funding under this head for capital 
improvements shall not be made available before July 1, 1998: Provided 
further, That the Administrator of the Federal Railroad Administration 
shall submit a quarterly report to the House and Senate Committees on 
Appropriations detailing the financial status of, and future business 
forecasts for, the National Railroad Passenger Corporation as well as 
recommendations for reducing operating losses in the near-term and 
Federal financial support in the long-term: 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, $45,738,000: 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, $290,000,000: 
Provided, That no more than $2,500,000,000 of budget authority shall be 
available for these purposes: Provided further, That of the funds 
provided under this head for formula grants, no more than $200,000,000 
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, $86,000,000, 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)); $22,500,000 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), $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 $2,000,000,000 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, $800,000,000; there shall 
be available for the replacement, rehabilitation, and purchase of buses 
and related equipment and the construction of bus-related facilities, 
$400,000,000; and there shall be available for new fixed guideway 
systems $800,000,000, to be available as follows:
            $44,600,000 for the Atlanta-North Springs project (subject 
        to authorization);
            $46,300,000 for the Boston Piers MOS-2 project (subject to 
        authorization);
            $2,300,000 for the Canton-Akron-Cleveland commuter rail 
        project (subject to authorization);
            $1,000,000 for the Charlotte South corridor transitway 
        project (subject to authorization);
            $500,000 for the Cincinnati Northeast/Northern Kentucky 
        rail line project (subject to authorization);
            $5,000,000 for the Clark County, Nevada fixed guideway 
        project (subject to authorization);
            $800,000 for the Cleveland Blue Line extension to Highland 
        Hills project (subject to authorization);
            $700,000 for the Cleveland Berea Red Line extension to 
        Hopkins International Airport (subject to authorization);
            $1,200,000 for the Cleveland Waterfront Line extension 
        project (subject to authorization);
            $14,000,000 for the Dallas-Fort Worth RAILTRAN project 
        (subject to authorization);
            $8,000,000 for the DART North Central light rail extension 
        project (subject to authorization);
            $1,500,000 for the DeKalb County, Georgia light rail 
        project (subject to authorization);
            $21,400,000 for the Denver Southwest Corridor project 
        (subject to authorization);
            $7,000,000 for the Florida Tri-County commuter rail project 
        (subject to authorization);
            $1,000,000 for the Galveston, Texas rail trolley system 
        project (subject to authorization);
            $1,000,000 for the Houston Advanced Regional Bus Plan 
        project (subject to authorization);
            $51,100,000 for the Houston Regional Bus project (subject 
        to authorization);
            $1,000,000 for the Indianapolis Northeast corridor project 
        (subject to authorization);
            $4,000,000 for the Jackson, Mississippi intermodal corridor 
        project (subject to authorization);
            $76,000,000 for the Los Angeles MOS-3 project (subject to 
        authorization);
            $27,000,000 for MARC commuter rail improvements (subject to 
        authorization);
            $1,000,000 for the Memphis, Tennessee regional rail project 
        (subject to authorization);
            $9,000,000 for the Metro-Dade Transit east-west corridor 
        project (subject to authorization);
            $9,000,000 for the Miami-North 27th Avenue project (subject 
        to authorization);
            $1,000,000 for the Mission Valley East corridor project 
        (subject to authorization);
            $54,800,000 for the New Jersey-Hudson-Bergen project 
        (subject to authorization);
            $27,000,000 for the New Jersey Secaucus project (subject to 
        authorization);
            $8,000,000 for the New Orleans Canal Street corridor 
        project (subject to authorization);
            $2,000,000 for the New Orleans Desire Streetcar project 
        (subject to authorization);
            $6,000,000 for the North Carolina Research Triangle Park 
        project (subject to authorization);
            $2,000,000 for the Northern Indiana South Shore commuter 
        rail project (subject to authorization);
            $5,000,000 for the Oceanside-Escondido light rail project 
        (subject to authorization);
            $1,600,000 for the Oklahoma City MAPS corridor transit 
        project (subject to authorization);
            $4,000,000 for the Orange County transitway project 
        (subject to authorization);
            $31,800,000 for the Orlando Lynx light rail project 
        (subject to authorization);
            $500,000 for the Pennsylvania Strawberry Hill/Diamond 
        Branch rail project (subject to authorization);
            $8,000,000 for the Phoenix metropolitan area transit 
        project (subject to authorization);
            $3,000,000 for the Pittsburgh airport busway project 
        (subject to authorization);
            $63,400,000 for the Portland-Westside/Hillsboro project 
        (subject to authorization);
            $20,300,000 for the Sacramento LRT project (subject to 
        authorization);
            $42,800,000 for the Salt Lake City South LRT project 
        (subject to authorization);
            $1,000,000 for the San Bernardino Metrolink project 
        (subject to authorization);
            $3,000,000 for the San Diego Mid-Coast corridor project 
        (subject to authorization);
            $54,800,000 for the San Francisco BART extension to the 
        airport project (subject to authorization);
            $25,700,000 for the San Juan Tren Urbano (subject to 
        authorization);
            $21,400,000 for the San Jose Tasman LRT project (subject to 
        authorization);
            $4,000,000 for the Seattle-Tacoma commuter rail project 
        (subject to authorization);
            $2,000,000 for the Seattle-Tacoma light rail project 
        (subject to authorization);
            $30,000,000 for the St. Louis-St. Clair LRT extension 
        project (subject to authorization);
            $5,000,000 for the Staten Island-Midtown Ferry service 
        project (subject to authorization);
            $2,000,000 for the Tampa Bay regional rail project (subject 
        to authorization);
            $2,000,000 for the Tidewater, Virginia rail project 
        (subject to authorization);
            $1,000,000 for the Toledo, Ohio rail project (subject to 
        authorization);
            $20,000,000 for the Twin Cities transitways projects 
        (subject to authorization);
            $2,500,000 for the Virginia Rail Express Fredericksburg to 
        Washington commuter rail project (subject to authorization);
            $5,000,000 for the Whitehall ferry terminal project 
        (subject to authorization); and
            $5,000,000 for the Wisconsin central commuter rail project 
        (subject to authorization).

                       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 the provisions of section 14 of 
Public Law 96-184 and Public Law 101-551, $200,000,000, to remain 
available until expended.

             SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

             Saint Lawrence Seaway Development Corporation

    The Saint Lawrence Seaway Development 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, 
$11,200,000, 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, $27,934,000, 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 travel 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, 
$31,486,000, of which $3,300,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2000; and of which $28,186,000 shall be derived from the Pipeline 
Safety Fund, of which $14,839,000 shall remain available until 
September 30, 2000: 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, 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, 
$42,000,000: Provided, That none of the funds under this heading shall 
be for the conduct of contract audits.

                      SURFACE TRANSPORTATION BOARD

                         Salaries and Expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $15,853,000: Provided, 
That notwithstanding any other provision of law, not to exceed 
$2,000,000 from fees established by the Chairman of the Surface 
Transportation Board 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 
for the general fund shall be reduced on a dollar for dollar basis as 
such offsetting collections are received during fiscal year 1998, to 
result in a final appropriation from the general fund estimated at no 
more than $13,853,000: Provided further, That any fees received in 
excess of $2,000,000 in fiscal year 1998 shall remain available until 
expended, but shall not be available for obligation until October 1, 
1998.

                                TITLE II

                            RELATED AGENCIES

       ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

                         Salaries and Expenses

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

                  NATIONAL TRANSPORTATION SAFETY BOARD

                         Salaries and Expenses

    For necessary expenses of the National 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) 
$46,000,000, 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) During the period October 1 through December 31, 1997, no State 
shall obligate more than 25 per centum of the amount distributed to 
such State under subsection (a), and the total of all State obligations 
during such 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, 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.
    (d) During the period October 1 through December 31, 1997, 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, 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.
    (f) Paragraph (e) shall not apply to any State which on or after 
August 1, 1998, has the amount distributed to such State under 
paragraph (a) for fiscal year 1998 reduced under paragraph (c)(2).
    Sec. 311. The limitation on obligations for the 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. 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. 317. Notwithstanding any other provision of law, any funds 
appropriated before October 1, 1993, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure may 
be transferred to and administered under the most recent appropriation 
heading for any such section.
    Sec. 318. None of the funds in this Act may be used to compensate 
in excess of 350 technical staff years under the federally-funded 
research and development center contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 1998.
    Sec. 319. Funds provided in this Act for the Transportation 
Administrative Service Center (TASC) shall be reduced by $25,000,000, 
which limits fiscal year 1998 TASC obligational authority for elements 
of the Department of Transportation funded in this Act to no more than 
$96,800,000: Provided, That such reductions from the budget request 
shall be allocated by the Department of Transportation to each 
appropriations account in proportion to the amount included in each 
account for the Transportation Administrative Service Center.
    Sec. 320. Funds received by the Federal Highway Administration, 
Federal Transit Administration, and 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. 321. 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.
    Sec. 322. None of the funds in this Act may be used for planning, 
engineering, design, or construction of a sixth runway at the Denver 
International Airport, Denver, Colorado: 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: Provided further, That funds may be 
used for activities related to planning or analysis of airport noise 
issues related to the sixth runway project.
    Sec. 323. 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.
    Sec. 324. 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. 325. 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. 326. 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.
    Sec. 327. Notwithstanding any other provision of law, the Secretary 
may use funds appropriated under this Act, or any subsequent Act, to 
administer and implement the exemption provisions of 49 CFR 580.6 and 
to adopt or amend exemptions from the disclosure requirements of 49 CFR 
part 580 for any class or category of vehicles that the Secretary deems 
appropriate.
    Sec. 328. No funds other than those appropriated to the Surface 
Transportation Board shall be used for conducting the activities of the 
Board.
    Sec. 329. (a) Compliance With Buy American Act.--None of the funds 
made available in this Act may be expended by an entity unless the 
entity agrees that in expending the funds the entity will comply with 
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of Congress: Requirement 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. 330. 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. 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. None of the funds made available in this Act may be used 
for improvements to the Miller Highway in New York City, New York.
    Sec. 333. 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.

                                TITLE IV

                  AMTRAK ROUTE CLOSURE AND REALIGNMENT

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Amtrak Route Closure and Realignment 
Act of 1997''.

SEC. 2. THE COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Total Realignment of Amtrak Commission'' (in this 
Act referred to as the ``Commission'').
    (b) Appointment.--The Commission shall be composed of eleven 
members as follows:
            (1) Three individuals appointed by the President, 
        including--
                    (A) the Secretary of Transportation;
                    (B) one representative of a rail labor union; and
                    (C) one representative of a rail management.
            (2) Four individuals who collectively have expertise in 
        rail finance, economic analysis, legal issues, and other 
        relevant areas, of which three shall be appointed by the 
        Majority Leader of the Senate and one shall be appointed by the 
        Minority Leader of the Senate.
            (3) Four individuals who collectively have expertise in 
        rail finance, economic analysis, legal issues, and other 
        relevant areas, of which three shall be appointed by the 
        Speaker of the House of Representatives and one shall be 
        appointed by the Minority Leader of the House of 
        Representatives.
Appointments under this subsection shall be made within 15 days after 
the date of the enactment of this Act. Individuals appointed under 
paragraphs (2) and (3) shall not be employees of the Department of 
Transportation or representatives of a rail labor union or rail 
management.
    (c) Chairman.--Within 10 days after the 15-day period described in 
subsection (b), or the appointment of the last member of the Commission 
under such subsection, whichever occurs first, a majority of the 
members of the Commission may elect a chairman from among its 
membership. If a chairman is not elected within such 10-day period, the 
President shall select a chairman for the Commission from among its 
membership.
    (d) Meetings.--(1) Each meeting of the Commission shall be open to 
the public.
    (2) All the proceedings, information, and deliberations of the 
Commission shall be open or available, upon request, to the Committee 
on Commerce, Science, and Transportation and the Committee on 
Appropriations of the Senate, and to the Committee on Transportation 
and Infrastructure and the Committee on Appropriations of the House of 
Representatives.
    (e) Pay and Travel Expenses.--(1)(A) Each member, other than the 
Chairman, shall be paid at a rate equal to the daily equivalent of the 
minimum annual rate of basic pay payable for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for each 
day (including travel time) during which the member is engaged in the 
actual performance of duties vested in the Commission.
    (B) The Chairman shall be paid for each day referred to in 
subparagraph (A) at a rate equal to the daily equivalent of the minimum 
annual rate of basic pay payable for level III of the Executive 
Schedule under section 5314 of title 5, United States Code.
    (C) Notwithstanding subparagraphs (A) and (B), officers and 
employees of the Federal Government shall not be paid under this 
paragraph for service on the Commission.
    (2) Members shall receive travel expenses, including per diem in 
lieu of subsistence, in accordance with sections 5702 and 5703 of title 
5, United States Code.
    (f) Director of Staff.--The Commission shall appoint a Director, 
who shall be paid at the rate of basic pay payable for level IV of the 
Executive Schedule under section 5315 of title 5, United States Code.
    (g) Staff.--(1) Subject to paragraph (2), the Director, with the 
approval of the Commission, may appoint and fix the pay of not more 
than 5 additional employees.
    (2) The Director may make such appointments without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and any personnel so appointed may be paid 
without regard to the provisions of chapter 51 and subchapter III of 
chapter 53 of that title relating to classification and General 
Schedule pay rates, except that an individual so appointed may not 
receive pay in excess of the annual rate of basic pay payable for level 
V of the Executive Schedule under section 5316 of title 5, United 
States Code.
    (h) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (i) Information.--The Commission may secure directly from any 
department or agency of the United States information necessary to 
enable it to carry out this Act. Upon request of the Chairman of the 
Commission, the head of that department or agency shall furnish that 
information to the Commission to the extent otherwise permitted by law.
    (j) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (k) Administrative Support Services.--The Administrator of General 
Services shall provide to the Commission, on a reimbursable basis, such 
administrative support services as the Commission may request.
    (l) Experts or Consultants.--The Commission may procure by 
contract, to the extent funds are available, the temporary or 
intermittent services of experts or consultants pursuant to section 
3109 of title 5, United States Code.
    (m) Termination.--The Commission shall terminate 30 days after 
transmitting a report under section 3(e).

SEC. 3. DUTIES.

    (a) Economic Performance Rankings.--The Commission shall examine 
economic data for Amtrak's system and develop system-wide performance 
rankings of all routes based on long-term economic loss.
    (b) Identification of Candidate Routes for Closure or 
Realignment.--(1) The Commission shall identify routes which are 
candidates for closure or realignment, based on the performance 
rankings developed under subsection (a) and on the following 
principles:
            (A) The system which remains after closure and realignment 
        of routes shall not be required to be a national, 
        interconnected system.
            (B) Federal operating subsidies for Amtrak shall be assumed 
        to decline over the 4-year period to the point of zero Federal 
        operating subsidy by the year 2002.
            (C) The rail labor protection costs of Amtrak shall be 
        calculated both--
                    (i) at the level required under rail labor laws as 
                in effect when the Commission is identifying routes 
                under this subsection; and
                    (ii) at the level which would be required if 
                amendments to rail labor laws were enacted that--
                            (I) limit to a maximum of 6 months any wage 
                        continuation or severance benefit for an 
                        employee of Amtrak whose employment is 
                        terminated as a result of a discontinuance of 
                        intercity rail passenger service; and
                            (II) permit Amtrak to require any employee 
                        whose position is eliminated as a result of 
                        such a discontinuance to transfer to another 
                        part of Amtrak's system.
    (2) The Commission shall specifically examine ridership forecasts 
and other assumptions supporting continued service on the Northeast 
Corridor, particularly with respect to the continuation of the 
electrification of the Northeast Corridor between New Haven, 
Connecticut, and Boston, Massachusetts.
    (c) Consideration of Quality of Life Factors.--(1) Each route 
identified under subsection (b) as a candidate for closure or 
realignment shall be reviewed to determine whether there are important 
social, environmental, or other quality of life factors which should be 
considered in determining whether to close or realign the route. The 
commission shall also consider the effect on airport congestion and the 
availability of alternative modes of transportation, especially in 
rural areas, before recommending any closure or realignment.
    (2) The Commission shall hold public hearings to obtain testimony 
from State and local officials, and other interested parties, with 
respect to factors described in paragraph (1).
    (d) Optional Uses for Abandoned Rail Lines.--The Commission shall 
also examine optional uses for abandoned rail lines.
    (e) Recommendations.--The Commission shall, within 120 days after 
the election or selection of its chairman under section 2(c), transmit 
to the Congress and the President a report on its activities under this 
Act, including recommendations developed under this section for 
the closure and realignment of routes in Amtrak's passenger rail 
system.

SEC. 4. CONGRESSIONAL CONSIDERATION OF COMMISSION RECOMMENDATIONS.

    (a) Terms of the Resolution.--For purposes of this section, the 
term ``joint resolution'' means only a joint resolution which is 
introduced within the 10-day period beginning on the date on which the 
Commission transmits its recommendations to the Congress under section 
3(e), and--
            (1) which does not have a preamble;
            (2) the matter after the resolving clause of which is as 
        follows: ``That Congress approves the recommendations of the 
        Total Realignment of Amtrak Commission as submitted on 
        ______'', the blank space being filled in with the appropriate 
        date; and
            (3) the title of which is as follows: ``Joint resolution 
        approving the recommendations of the Total Realignment of 
        Amtrak Commission.''.
    (b) Referral.--A resolution described in subsection (a) that is 
introduced in the House of Representatives shall be referred to the 
Committee on Transportation and Infrastructure of the House of 
Representatives. A resolution described in subsection (a) introduced in 
the Senate shall be referred to the Committee on Commerce, Science, and 
Transportation of the Senate.
    (c) Discharge.--If the committee to which a resolution described in 
subsection (a) is referred has not reported such resolution (or an 
identical resolution) by the end of the 20-day period beginning on the 
date on which the Commission transmits the report to the Congress under 
section 3(e), such committee shall be, at the end of such period, 
discharged from further consideration of such resolution, and such 
resolution shall be placed on the appropriate calendar of the House 
involved.
    (d) Consideration.--(1) On or after the third day after the date on 
which the committee to which such a resolution is referred has 
reported, or has been discharged (under subsection (c)) from further 
consideration of, such a resolution, it is in order (even though a 
previous motion to the same effect has been disagreed to) for any 
Member of the respective House to move to proceed to the consideration 
of the resolution. A Member may make the motion only on the day after 
the calendar day on which the Member announces to the House concerned 
the Member's intention to make the motion. All points of order against 
the resolution (and against consideration of the resolution) are 
waived. The motion is highly privileged in the House of Representatives 
and is privileged in the Senate and is not debatable. The motion is not 
subject to amendment, or to a motion to postpone, or to a motion to 
proceed to the consideration of other business. A motion to reconsider 
the vote by which the motion is agreed to or disagreed to shall not be 
in order. If a motion to proceed to the consideration of the resolution 
is agreed to, the respective House shall immediately proceed to 
consideration of the joint resolution without intervening motion, 
order, or other business, and the resolution shall remain the 
unfinished business of the respective House until disposed of.
    (2) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 2 
hours, which shall be divided equally between those favoring and those 
opposing the resolution. An amendment to the resolution is not in 
order. A motion further to limit debate is in order and not debatable. 
A motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the resolution is not in order. 
A motion to reconsider the vote by which the resolution is agreed to or 
disagreed to is not in order.
    (3) Immediately following the conclusion of the debate on a 
resolution described in subsection (a) and a single quorum call at the 
conclusion of the debate if requested in accordance with the rules of 
the appropriate House, the vote on final passage of the resolution 
shall occur.
    (4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution described 
in subsection (a) shall be decided without debate.
    (e) Consideration by Other House.--(1) If, before the passage by 
one House of a resolution of that House described in subsection (a), 
that House receives from the other House a resolution described in 
subsection (a), then the following procedures shall apply:
            (A) The resolution of the other House shall not be referred 
        to a committee and may not be considered in the House receiving 
        it except in the case of final passage as provided in 
        subparagraph (B)(ii).
            (B) With respect to a resolution described in subsection 
        (a) of the House receiving the resolution--
                    (i) the procedure in that House shall be the same 
                as if no resolution had been received from the other 
                House; but
                    (ii) the vote on final passage shall be on the 
                resolution of the other House.
    (2) Upon disposition of the resolution received from the other 
House, it shall no longer be in order to consider the resolution that 
originated in the receiving House.
    (f) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a resolution described in subsection 
        (a), and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 5. MAKING APPROPRIATIONS FOR THE COMMISSION.

    There are appropriated $1,000,000 for carrying out this title.
    This Act may be cited as the ``Department of Transportation and 
Related Agencies Appropriations Act, 1998''.
                                                 Union Calendar No. 115

105th CONGRESS

  1st Session

                               H. R. 2169

                          [Report No. 105-188]

_______________________________________________________________________

                                 A BILL

Making appropriations for the Department of Transportation and related 
 agencies for the fiscal year ending September 30, 1998, and for other 
                               purposes.

_______________________________________________________________________

                             July 16, 1997

    Reported from the Committee on Appropriations; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed