[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4328 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 30, 1998.
Resolved, That the bill from the House of Representatives (H.R.
4328) entitled ``An Act to making appropriations for the Department of
Transportation and related agencies for the fiscal year ending
September 30, 1999, 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, 1999, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Immediate Office of the Secretary
For necessary expenses of the Immediate Office of the Secretary,
$1,768,600: Provided, That notwithstanding any other provision of law,
there may be credited to this appropriation up to $1,000,000 in funds
received from user fees.
Immediate Office of the Deputy Secretary
For necessary expenses of the Immediate Office of the Deputy
Secretary, $554,700.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$8,645,000.
Office of the Assistant Secretary for Policy
For necessary expenses of the Office of the Assistant Secretary for
Policy, $2,479,500.
Office of the Assistant Secretary for Aviation and International
Affairs
For necessary expenses of the Office of the Assistant Secretary for
Aviation and International Affairs, $6,686,300: 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 the Assistant Secretary for Budget and Programs
For necessary expenses of the Office of the Assistant Secretary for
Budget and Programs, $5,687,800, including not to exceed $40,000 for
allocation within the Department for official reception and
representation expenses as the Secretary may determine.
Office of the Assistant Secretary for Governmental Affairs
For necessary expenses of the Office of the Assistant Secretary for
Governmental Affairs, $1,600,000.
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant Secretary for
Administration, $19,570,200.
Office of Public Affairs
For necessary expenses of the Office of Public Affairs, $1,656,600.
Executive Secretariat
For necessary expenses of the Executive Secretariat, $1,088,500.
Board of Contract Appeals
For necessary expenses of the Board of Contract Appeals, $460,000.
Office of Small and Disadvantaged Business Utilization
For necessary expenses of the Office of Small and Disadvantaged
Business Utilization, $1,000,000.
Office of Intelligence and Security
For necessary expenses of the Office of Intelligence and Security,
$935,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $4,652,700.
Office of Intermodalism
For necessary expenses of the Office of Intermodalism, $1,000,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $5,562,000.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation planning,
research, systems development, and development activities, to remain
available until expended, $8,328,400.
Transportation Administrative Service Center
Necessary expenses for operating costs and capital outlays of the
Transportation Administrative Service Center, not to exceed
$158,468,000, 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.
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 $13,775,000. 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, 2000: Provided, That notwithstanding 49
U.S.C. 332, these funds may be used for business opportunities related
to any mode of transportation.
Amtrak Reform Council
For necessary expenses of the Amtrak Reform Council authorized
under section 203 of Public Law 105-134, $450,000, to remain available
until September 30, 2000: Provided, That none of the funds provided
under this heading shall be for payments to outside consultants:
Provided further, That the duties of the Amtrak Reform Council
described in section 203(g)(1) of Public Law 105-134 shall include the
identification of Amtrak routes which are candidates for closure or
realignment, based on performance rankings developed by Amtrak which
incorporate information on each route's fully allocated costs and
ridership on core intercity passenger service, and which assume, for
purposes of closure or realignment candidate identification, that
federal subsidies for Amtrak will decline over the 4-year period from
fiscal year 1999 to fiscal year 2002: Provided further, That these
closure or realignment recommendations shall be included in the Amtrak
Reform Council's annual report to the Congress required by section
203(h) of Public Law 105-134.
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; $2,761,603,000, of which $300,000,000 shall be
available for national security-related activities and 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 212, 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 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: Provided further, That the
Secretary may transfer funds to this account, from Federal Aviation
Administration ``Operations'', not to exceed $60,000,000 in total for
the fiscal year, fifteen days after written notification to the House
and Senate Committees on Appropriations, solely for the purpose of
providing additional funds for drug interdiction activities: Provided
further, That not less than $2,000,000 shall be available to support
restoration of enhanced counter-narcotics operations around the island
of Hispaniola: Provided further, That none of the funds in this Act
shall be available for the Coast Guard to plan, finalize, or implement
any regulation that would promulgate new maritime user fees not
specifically authorized by law after the date of enactment of this Act.
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, $426,173,000, of which
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund;
of which $234,553,000 shall be available to acquire, repair, renovate
or improve vessels, small boats and related equipment, to remain
available until September 30, 2003; $55,131,000 shall be available to
acquire new aircraft and increase aviation capability, to remain
available until September 30, 2001; $44,789,000 shall be available for
other equipment, to remain available until September 30, 2001;
$43,250,000 shall be available for shore facilities and aids to
navigation facilities, to remain available until September 30, 2001;
and $48,450,000 shall be available for personnel compensation and
benefits and related costs, to remain available until September 30,
2000: 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 $1,000,000 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 $1,000,000 shall be retained and remain available until
expended, but shall not be available for obligation until October 1,
1999: Provided further, That the Secretary, with funds made available
under this heading, acting through the Commandant, may enter into a
long-term Use Agreement with the City of Homer for dedicated pier space
on the Homer dock necessary to support Coast Guard vessels when such
vessels call on Homer, 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
(highway trust fund)
For necessary expenses for alteration or removal of obstructive
bridges, $20,000,000, to be derived from the highway account of the
highway trust fund, 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); $684,000,000.
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, $17,461,000, 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.
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, $5,538,259,000, of which $2,158,930,135 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 of the funds
appropriated under this heading, $6,000,000 shall be for the contract
tower cost-sharing program: 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 the Secretary may transfer funds to this
account, from Coast Guard ``Operating expenses'', not to exceed
$60,000,000 in total for the fiscal year, fifteen days after written
notification to the House and Senate Committees on Appropriations,
solely for the purpose of providing additional funds for air traffic
control operations and maintenance to enhance aviation safety and
security: 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.
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,
$2,044,683,269, to remain available until September 30, 2001: 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: Provided further, That notwithstanding
the Prompt Payment Act or any other provision of law, the Secretary of
the Treasury may not make payments from this account in excess of
$1,516,000,000 in fiscal year 1999, except for payments for salaries
and benefits: Provided further, That no action may be brought in any
court of law for delay of payment pursuant to the preceding proviso:
Provided further, That no funds may be transferred out of this account
in fiscal year 1999: Provided further, That any obligation of funds
that results in an expenditure in excess of $1,736,000,000 in fiscal
year 1999 shall be deemed to be an obligation in violation of section
1341 of title 31 of the United States Code: Provided further, That the
Secretary shall submit monthly reports to the House and Senate
Committees on Appropriations to ensure compliance with the preceding
provisos and such reports shall include an analysis of cumulative
obligations and expenditures from October 1, 1998, through the first
day of the month in which the report is due and specific actions taken
by the Secretary to ensure that the outlays in fiscal year 1999
resulting from the use of funds in this account shall not exceed
$1,736,000,000: Provided further, That no funds shall be available for
the Wide Area Augmentation System until notification by the Secretary
that outlays in fiscal year 1999 resulting from the use of funds in
this account shall not exceed $1,736,000,000: Provided further, That no
funds shall be available for the Wide Area Augmentation System until
certification to the House of Representatives Committee on
Appropriations and the Senate Committee on Appropriations by the
Secretary of Transportation and the Administrator of the FAA that the
Wide Area Augmentation System will provide a sole means of navigation
for aviation users, the Wide Area Augmentation System continuity
problems will be solved without additional facilities or funding, and
the cost/benefit ratio of the Wide Area Augmentation System exceeds the
cost/benefit ratio of other landing and navigational aid programs:
Provided further, That no funds shall be available for the Wide Area
Augmentation System until the Department of Transportation Inspector
General validates and concurs in the certification of the Secretary and
the Administrator to the House of Representatives Committee on
Appropriations and the Senate Committee on Appropriations.
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, $173,627,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2001: 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 $2,100,000,000 in fiscal year 1999 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
$225,000,000 and discretionary funds available for the military airport
program shall not exceed $26,000,000: Provided further, That up to
$100,000,000 shall be available for the procurement of explosive
detection systems.
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 1999.
FEDERAL HIGHWAY ADMINISTRATION
Limitation on Administrative Expenses
Necessary expenses for administration and operation of the Federal
Highway Administration not to exceed $320,413,000 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.
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, $200,000,000 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 $25,511,000,000 for Federal-aid highways and highway
safety construction programs for fiscal year 1999: Provided, That,
notwithstanding any other provision of law, within the $25,511,000,000
obligation limitation on Federal-aid highways and highway safety
construction programs, not more than $200,000,000 shall be available
for the implementation or execution of programs for Intelligent
Transportation Systems (Sections 5204, 5205, 5206, 5207, 5208, and 5209
of Public Law 105-178) for fiscal year 1999; not more than $178,150,000
shall be available for the implementation or execution of programs for
transportation research (Sections 502, 503, 504, 506, 507, and 508 of
title 23, United States Code, as amended; section 5505 of title 49,
United States Code, as amended; and section 5112 of Public Law 105-178)
for fiscal year 1999; not more than $38,000,000 shall be available for
the implementation or execution of programs for Ferry Boat and Ferry
Terminal Facility Program (Section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat.
2005) as amended)) for fiscal year 1999; not more than $15,000,000
shall be available for the implementation or execution of programs for
the Magnetic Levitation Transportation Technology Deployment Program
(Section 1218 of Public Law 105-178) for fiscal year 1999; not more
than $31,000,000 shall be available for the implementation or execution
of programs for the Bureau of Transportation Statistics (Section 111 of
title 49, United States Code) for fiscal year 1999: Provided further,
That within the $20,000,000 made available for refuge roads in fiscal
year 1999 by section 204 of title 23, United States Code, as amended,
$700,000 shall be made available to the United States Army Corps of
Engineers to study rural access issues in Alaska, and $1,500,000 shall
be made available for improvements to the Crooked Creek access road in
the Charles M. Russell National Wildlife Refuge, Montana: Provided
further, That notwithstanding any other provision of law, within the
$25,511,000,000 obligation limitation, $5,000,000 of the amounts made
available as contract authority under section 1221(e) of the
Transportation Equity Act for the 21st Century (Public Law 105-178)
shall be made available to carry out section 5113 of that Act: Provided
further, That notwithstanding any other provision of law, within the
$200,000,000 obligation limitation on Intelligent Transportation
Systems, not less than the following sums shall be made available for
Intelligent Transportation System projects in the specified areas:
Atlanta, GA, $4,000,000
Brandon, VT, $750,000
Buffalo, NY, $1,750,000
Columbus, OH, $2,000,000
Corpus Christi, TX, $900,000
Delaware River, PA, $4,000,000
Huntington Beach, CA, $1,000,000
Inglewood, CA, $1,000,000
Jackson, MS, $4,000,000
Kansas City, MO, $1,000,000
Mobile, AL, $5,000,000
Monroe County, NY, $1,000,000
Montgomery, AL, $2,500,000
Nashville, TN, $1,000,000
New York/Long Island, NY, $5,000,000
Oakland County, MI, $2,000,000
Onondaga County, NY, $1,000,000
Raleigh-Wake County, NC, $4,000,000
Spokane, WA, $900,000
St. Louis, MO, $1,500,000
State of Alaska, $3,000,000
State of Idaho, $1,000,000
State of Maryland, $2,000,000
State of Missouri ITS project, $1,000,000
State of Montana, $2,000,000
State of Nevada, $1,150,000
State of New Jersey, $6,000,000
State of New Mexico, $2,000,000
State of North Dakota, $1,450,000
State of Pennsylvania, $4,000,000
State of Texas, $2,000,000
State of Utah, $7,200,000
State of Washington, $3,000,000
State of Wisconsin, $3,000,000
Westchester and Putnam Counties, NY, $1,000,000.
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, $24,000,000,000 or so much thereof
as may be available in and derived from the Highway Trust Fund, to
remain available until expended.
Motor Carrier Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C.
31102, $100,000,000, 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 $100,000,000 for
``Motor Carrier Safety Grants''.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Operations and Research
(highway trust fund)
For expenses necessary to discharge the functions of the Secretary,
to be derived from the Highway Trust Fund, $87,400,000 for traffic and
highway safety under chapter 301 of title 49, U.S.C., and part C of
subtitle VI of title 49, U.S.C., of which $58,558,000 shall remain
available until September 30, 2001; $2,000,000 for chapter 303 of title
49, U.S.C., to remain available until September 30, 2001: 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
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, to remain available until expended, $72,000,000, to
be derived from the Highway Trust Fund: Provided, That 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 1999, are in
excess of $72,000,000 for programs authorized under 23 U.S.C. 403.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 405, 410, and 411 to remain available until expended,
$200,000,000, to be derived from the Highway Trust Fund: Provided, That
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
1999, are in excess of $200,000,000 for programs authorized under 23
U.S.C. 402, 405, 410, and 411 of which $150,000,000 shall be for
``Highway Safety Programs'' under 23 U.S.C. 402, $10,000,000 shall be
for ``Occupant Protection Incentive Grants'' under 23 U.S.C. 405,
$35,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures
Grants'' under 23 U.S.C. 410, $5,000,000 shall be for the ``State
Highway Safety Data Grants'' under 23 U.S.C. 411: 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 $5,434,000 of the funds made available for
Highway Safety Programs under 23 U.S.C. 402 shall be available to NHTSA
for administering ``Highway Safety Programs'': Provided further, That
not to exceed $500,000 of the funds made available for section 410
``Alcohol-Impaired Driving Countermeasures Grants'' 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, $21,020,000, of which $1,389,000 shall remain
available until expended: Provided, 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 of the funds provided
under this heading, $5,000,000 shall be made available for grants
authorized under title 49, United States Code, section 22301.
Railroad Safety
For necessary expenses in connection with railroad safety, not
otherwise provided for, $61,876,000, of which $3,825,000 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,
$25,760,000, to remain available until expended: Provided, That the
Secretary of Transportation is authorized to sell aluminum reaction
rail, power rail base, and other related materials located at the
Transportation Technology Center, near Pueblo, Colorado, and shall
credit the receipts from such sale to this account, notwithstanding 31
U.S.C. 3302, to remain available until expended.
Next Generation High-Speed Rail
For necessary expenses for the Next Generation High-Speed Rail
program as authorized under 49 United States Code sections 26101 and
26102, $28,494,000, to remain available until expended: Provided, That
funds under this heading 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, $10,000,000 shall be for capital rehabilitation and
improvements benefiting its passenger operations.
Rhode Island Rail Development
For the costs associated with construction of a third track on the
Northeast Corridor between Davisville and Central Falls, Rhode Island,
with sufficient clearance to accommodate double stack freight cars,
$7,500,000 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
$28,000,000 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.
Capital Grants to the National Railroad Passenger Corporation
For necessary expenses of capital improvements of the National
Railroad Passenger Corporation, $555,000,000; of which not less than
$200,000,000, to remain available until September 30, 2001, shall be
for Northeast Corridor improvements authorized by chapter 249 of title
49, United States Code, and 49 U.S.C. 24104(a); and of which no more
than $355,000,000, to become available on October 1, 1998 and remain
available until expended, shall be for capital grants authorized by 49
U.S.C. 24104(a): Provided further, That the term ``capital
improvements'' includes projects for--(A)(i) acquisition, construction,
supervision, or inspection, of a facility or equipment, for use in
intercity rail transportation; (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; (B) rehabilitating
rolling stock; (C) remanufacturing rolling stock; (D) overhauling
rolling stock; and (E) preventive maintenance: Provided further, That
the Secretary shall not obligate more than $222,000,000 prior to
September 30, 1999.
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, $10,800,000: Provided, That no more than $54,000,000 of
budget authority shall be available for these purposes: Provided
further, That of the funds in this Act available for the execution of
contracts under section 5327(c) of title 49, United States Code,
$1,000,000 shall be transferred to the Department of Transportation
Inspector General for costs associated with the audit and review of new
fixed guideway systems projects of national significance or that
experience extensive changes in financial scope or system design.
Formula Grants
For necessary expenses to carry out 49 United States Code 5307,
5308, 5310, 5311, and 5327, $570,000,000: Provided, That no more than
$2,850,000,000 of budget authority shall be available for these
purposes: Provided further, That of the funds made available under
section 5308, up to $10,000,000 may be used for the projects that
include payments for the incremental costs of biodiesel fuels: Provided
further, That such incremental costs shall be limited to the cost
difference between the cost of alternative fuels and their petroleum-
based alternatives.
University Transportation Research
For necessary expenses to carry out 49 United States Code 5505,
$1,200,000: Provided, That no more than $6,000,000 of budget authority
shall be available for these purposes.
Transit Planning and Research
For necessary expenses to carry out 49 United States Code 5303,
5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322,
$19,800,000: Provided, That no more than $98,000,000 of budget
authority shall be available for these purposes: Provided further, That
$5,250,000 is available to provide rural transportation assistance (49
U.S.C. 5311(b)(2)); $4,000,000 is available to carry out programs under
the National Transit Institute (49 U.S.C. 5315); $8,250,000 is
available to carry out transit cooperative research programs (49 U.S.C.
5313(a)); $43,841,600 is available for metropolitan planning (49 U.S.C.
5303, 5304, and 5305); $9,158,400 is available for state planning (49
U.S.C. 5313(b)); and $27,500,000 is available for the national planning
and research program (49 U.S.C. 5314): Provided further, That of the
total budget authority made available for the national planning and
research program, the Federal Transit Administration shall provide the
following amounts to the projects listed below:
Santa Barbara Electric Transportation Institute and San
Diego Clean Fuel Ferry program, $1,000,000;
City of Branson, MO congestion study, $450,000;
1999 Special Olympics World Summer Games planning and
assistance, $1,500,000;
Skagit County, WA North Sound connecting communities
project, Skagit County Council of Governments, $50,000;
2002 Winter Olympics security training and assistance,
$1,000,000;
Desert air quality comprehensive analysis, Las Vegas, NV,
$500,000;
Vegetation control on rail rights-of-way survey, $250,000;
Zinc-air battery bus technology demonstration, $1,000,000;
Virtual transit enterprise distributed information
technology demonstration, $1,400,000;
North Orange-South Seminole County, FL fixed guideway ITS
application, $750,000;
Galveston, TX fixed guideway ITS activities, $750,000;
Washoe County, NV transit technology, $1,250,000;
Massachusetts Bay Transit Authority advanced electric
transit buses and related infrastructure, $1,500,000;
Palm Springs, CA fuel cell buses, $1,000,000;
Gloucester, MA intermodal technology center, $1,500,000;
and
Southeastern Pennsylvania Transit Authority advanced
propulsion control system, $2,000,000.
Trust Fund Share of Expenses
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C. 5303
through 5308, 5310 through 5315, 5317(b), 5322, 5327 and 5334,
$2,446,200,000, to remain available until expended and to be derived
from the Mass Transit Account of the Highway Trust Fund: Provided, That
$2,280,000,000 shall be paid to the Federal Transit Administration's
formula grants account: Provided further, That $78,200,000 shall be
paid to the Federal Transit Administration's transit planning and
research account: Provided further, That $43,200,000 shall be paid to
the Federal Transit Administration's administrative expenses account:
Provided further, That $4,800,000 shall be paid to the Federal Transit
Administration's university transportation research account: Provided
further, That $40,000,000 shall be paid to the Federal Transit
Administration's job access and reverse commute grants program.
Capital Investment Grants
For necessary expenses to carry out 49 United States Code 5308,
5309, 5318, and 5327, $451,400,000: Provided, That no more than
$2,257,000,000 of budget authority shall be available for these
purposes: Provided further, That there shall be available for fixed
guideway modernization, $902,800,000; there shall be available for the
replacement, rehabilitation, and purchase of buses and related
equipment and the construction of bus-related facilities, $451,400,000;
and there shall be available for new fixed guideway systems
$902,800,000: Provided further, That, within the total funds provided
for buses and bus-related facilities to carry out 49 U.S.C. section
5309, the following projects shall be considered eligible for these
funds: Provided further, That the Administrator of the Federal Transit
Administration shall, not later than 60 days after the enactment of
this Act, individually submit to the congressional transit
appropriations and authorization committees the recommended grant
funding levels for the respective projects from the following projects
here listed:
AC Transit electric bus program, CA
Albany, NY paratransit buses and facilities
Albuquerque, NM buses and bus facilities
Alexandria, VA King Street Station access
Alexandria, VA bus maintenance facility
Allegheny County, PA buses and intermodal station
Altoona, PA Metro Transit Authority buses
Altoona, PA pedestrian crossover
Altoona, PA Metro Transit Authority Logan Valley Mall
suburban transfer center
Anacortes, WA ferry terminal information system
Anchorage, AK Ship Creek intermodal facility
Arkansas statewide bus needs
Armstrong County-Mid County, PA bus facilities and buses
Atlanta, GA MARTA buses
Austin, TX Capital Metro bus replacement
Babylon, NY intermodal center
Beaver County, PA transit facility
Bellingham, WA Whatcom Transit Authority bus maintenance
facility
Berlin, NH Tri-County Community Action transit garage
Birmingham, AL intermodal facility
Birmingham-Jefferson County, AL buses
Boston, MA Logan Airport intermodal buses
Boston, MA Charles Street/MA General Hospital ``T'' Station
Rehabilitation
Boston, MA South Station intermodal center connection link
Boulder/Denver, CO RTD buses
Bradford County, PA Endless Mountain Transportation
Authority buses
Brattleboro, VT Union Station multimodal center
Brazos, TX Transit Authority buses and facilities
Bremerton, WA Sinclair's Landing, multimodal center
Brockton, MA intermodal transportation center
Brookhaven Town, NY elderly and disabled buses and vans
Brooklyn-Staten Island, NY mobility enhancement buses
Broome County, NY buses and fare collection equipment
Broward County, FL buses
Buffalo, NY Crossroads intermodal station
Buffalo, NY Auditorium intermodal center
Burlington, VT ferry terminal improvements
Burlington, VT multimodal center
Butte, MT bus replacements
California I-5 corridor intermodal transit centers
Cambria County, PA bus facilities and buses
Carroll County, NH transportation alliance buses
Cedar Rapids, IA Ground Transportation Center
Centre Area, PA Transportation Authority buses
Chambersburg, PA Transit Authority buses and intermodal
center
Chelan, WA Chelan-Douglas multimodal center
Chester County, PA Paoli transportation center
Clark County, NV RTC CNG fueling facility
Clark County, NV Regional Transportation Commission buses
Cleveland, OH Triskett Garage bus maintenance facility
Clinton, WA ferry terminal
Colorado statewide buses
Columbia, SC bus replacement
Concord Area Transit, NH buses
Corpus Christi, TX transit authority buses and facilities
Crawford Area, PA buses
Culver City, CA CityBus buses
Dade County, FL Metro-Dade Transit Agency replacement buses
Dallas, TX Dallas Area Rapid Transit buses
Davis, CA Unitrans transit maintenance facility
Davis/Sacramento CA hydrogen bus technology validation
Dayton, OH multimodal transportation center
Daytona, FL intermodal center
Deerfield Valley, VT Transit Authority
Demonstration of universal electric transportation
subsystems (DUETS), bus system, NM
Denver, CO Stapleton intermodal center
Des Moines, IA intermodal facility
Dothan, AL Wiregrass Transit Authority demand response
shuttle vehicles and transit facility
Duluth, MN Transit Authority community circulation vehicles
Duluth, MN Transit Authority intelligent transportation
systems
Duluth, MN Transit Authority transit hub
Dutchess County, NY Loop System buses
East Hampton, NY elderly and disabled buses and vans
El Paso, TX Sun Metro demand response, maintenance, and
terminal facility
Erie, PA Metropolitan Transit Authority buses
Essex and Middlesex Counties, MA buses
Eugene, OR Lane Transit District buses
Everett, WA multimodal transportation center
Fairbanks, AK intermodal rail/bus transfer facility
Fayette County, PA intermodal facilities and buses
Fayetteville, AR University of Arkansas Transit System
buses
Folsom, CA Railroad block project
Fort Ord, CA multi-modal transportation center
Fort Dodge, IA Intermodal Facility
Fort Worth, TX buses
Frankford, PA Septa transportation center
Galveston, TX alternative fuel buses
Gary, IN Transit Consortium buses
Georgetown University fuel cell bus development and
manufacturing
Gloucester, MA intermodal transportation center
Grand Forks, Fargo, Bismarck-Mandan and Minot, ND buses
Grant County, WA buses and vans
Greater Laconia, NH Transit Agency buses
Greensboro, NC Transit Authority buses and vans
Greensboro, NC multimodal center
Harrison County, MS multimodal center/hybrid electric
shuttle buses
Harrisonburg, VA buses
Hartford, CT transportation access project
Healdsburg, CA intermodal facility
Honolulu, HI bus facility and buses
Hot Springs, AR transportation depot and plaza
Humboldt, CA intermodal facility
Huntington Beach, CA senior center shuttle buses
Huntington, WV intermodal facility
Huntsville, AL intermodal space centers--East and West
Hyannis, MA intermodal transportation center
Illinois statewide buses and bus-related equipment
Indianapolis, IN buses
Iowa/Illinois Transit Consortium bus safety and security
Iowa statewide bus request
Ithaca, NY TCAT bus technology improvements
Jackson, MS buses and facilities
Jacksonville, FL Transit Authority buses and mini transit
center
Jasper, AL buses
Johnson County, KS bus maintenance/operations facility
Kansas City, MO Union Station redevelopment
Kansas City, MO two-way radios; farebox system; facility
repair
Keene, NH HCS Community Care buses and equipment
King County/Kingdome, WA pedestrian bridges
King County, WA Metro transit transfer facilities
Lackawanna County, PA Transit System buses
Lake Tahoe, CA intermodal terminal
Lake Tahoe, CA alternative fuels station
Lake Tahoe, CA coordinated transit system
Lakeland, FL Citrus Connection transit vehicles/equipment
Lane County, OR bus rapid transit
Lansing, MI CATA bus technology improvements
Las Cruces, NM buses, facilities and park and ride
Las Vegas, NV RTC South Resort Corridor transit center
Las Vegas, NV Citizen Area Transit System
Lebanon, NH Advance Transit buses
Lee County, AL buses
Little Rock, AR Central Arkansas Transit buses
Little Rock, AR New Harbor Inlet intermodal center
Livermore-Ardmore Valley, CA automatic vehicle locator
program
Long Beach, NY central bus facility
Long Island, NY CNG transit vehicles and facilities
Long Island, NY bus replacement
Los Angeles County, CA Foothills transit buses
Los Angeles County, CA Metropolitan Transportation
Authority bus replacement
Los Angeles, CA Foothills transit bus maintenance facility
Los Angeles, CA San Fernando Valley smart shuttle buses
Los Angeles, CA Union Station Gateway intermodal transit
center
Los Angeles, CA municipal transit operators consortium
Louisiana statewide bus request
Louisville, Kentucky University of Louisville and River
City buses
Lynchburg, VA buses
Market Street, NJ bus maintenance facility
Maryland statewide bus facilities and buses
Massachusetts Bay Transportation Authority statewide bus
replacement
Mercer County, PA buses
Miami Beach, FL electric shuttle service
Miami-Dade, FL buses
Michigan statewide buses
Milwaukee, WI train station improvements
Milwaukee County, WI buses
Mineola/Hicksville, NY LIRR intermodal centers
Minnesota Metro transit buses
Minnesota I-35 corridor transit stations
Missouri statewide bus and bus facilities
Mobile, AL bus replacement
Mobile, AL intermodal facilities
Modesto, CA bus maintenance facility
Monroe County, PA Transportation Authority buses
Monroe, LA maintenance facility
Monterey, CA Monterey-Salinas buses
Montgomery, AL Union Station intermodal center and buses
Morongo Basin, CA Transit Authority bus facility
Mount Vernon, WA multimodal center
New Bedford/Fall River, MA mobile access to health care
New Hampshire statewide transit systems
New Haven, CT bus facility
New Jersey statewide buses and bus facilities
New Jersey Transit jitney shuttle buses
New Mexico statewide buses and bus facilities including
northern New Mexico park and ride
New Orleans, LA RTA maintenance facility
New Rochelle, NY intermodal center
New York City, CNG buses and refueling station
New York City, NY Midtown west ferry terminal
New York, NY West 72nd St. intermodal station
Newark, NJ Morris and Essex Station access and buses
Niagara Frontier Transportation Authority Hublink, NY
North Carolina statewide buses and bus facilities
North Dakota statewide buses and bus-related facilities
North Slope Borough, AK buses
Northern Kentucky Area Development District senior citizen
buses
Northstar Corridor, MN intermodal facilities and buses
Norwich, CT buses
Oak Park, IL Marion Street multimodal transit center
OATS Transit, MO
Ogden, UT Intermodal Center
Ohio statewide buses and bus facilities
Oklahoma statewide bus facilities and buses
Olympia, WA bus replacement
Olympic Peninsula, WA International Gateway transportation
center
Omnitrans, CA replacement buses
Oneida County, NY Union Station intermodal facility
Oneida County, NY buses and equipment
Orlando, FL Lynx buses and bus facilities
Orlando, FL Downtown intermodal facility
Pee Dee, SC Regional Transportation Authority
Pennsylvania statewide request for small communities
Perris, CA bus maintenance facility
Phenix City, AL express transit system
Philadelphia, PA Market Street bus maintenance facility
Philadelphia, PA Frankford transportation center
Philadelphia, PA SEPTA ADA bus acquisition
Philadelphia, PA 30th Street intermodal station
Philadelphia, PA regional transportation system for elderly
and disabled
Phoenix, AZ alternatively fueled buses
Pittsfield, MA intermodal center
Portland, OR Tri-Met buses
Potomac and Rappahannock, VA Trans Commission buses
Poughkeepsie, NY intermodal facility
Pritchard, AL bus transfer facility
Providence, RI buses and bus maintenance facility
Rankin County, MI Intermodal Connector
Reading, PA BARTA intermodal transportation facility
Red Rose, PA transit bus terminal
Reno, NV RTC transit passenger and facility security
improvements
Rensselear, NY intermodal facility
Rhode Island Public Transit Authority buses
Rialto, CA Metrolink depot
Richland, WA Ben Franklin Transit maintenance, operation,
and administration facility
Richmond, VA Main Street station
Richmond, VA GRTC bus maintenance facility
Riverhead, NY elderly and disabled buses and vans
Riverside, CA Transit Agency buses, facilities and ITS
applications
Roanoke, VA buses
Robinson, PA Towne Center intermodal facility
Rochester-Genessee, NY CNG buses
Rochester, NY Rochester central bus facility
Rogue Valley, OR transit district bus purchase
Rome, NY intermodal center
Rural Texas bus replacement
Sacramento, CA intermodal station
Sacramento, CA CNG buses
Salem, OR area mass transit buses
San Francisco, CA Islais Creek maintenance facility
San Joaquin, CA buses and facilities
San Juan, Puerto Rico intermodal access
Santa Clara, CA Valley Transportation Authority buses
Santa Clarita, CA facilities and buses
Santa Cruz, CA bus facility
Santa Rosa/Cotati, CA intermodal transportation facilities
Savannah, GA Chatham buses and bus facilities
Savannah, GA downtown multimodal center
Seattle RTA buses
Seattle, WA intermodal transportation terminal
Seward, AK intermodal facility
Shelter Island, NY elderly and disabled buses and vans
Sinclair Landing transit facility, WA
Sioux Falls, SD buses
Sioux City, IA park and ride bus facility
Smithtown, NY elderly and disabled buses and vans
Solano Links, CA intercity transit consortium
Solano County, CA automated vehicle locator
Somerset County, PA bus facilities and buses
Sonoma County, CA intermodal center
South Amboy, NJ regional intermodal transportation
initiative
South Bend, IN urban intermodal transportation facility
South Carolina statewide Virtual Transit Enterprise
South Dakota computerized bus dispatch system, radios,
money boxes, and lift replacements
South Dakota statewide bus facilities and buses
Southampton, NY elderly and disabled buses and vans
Southeast Missouri transportation services
Southold, NY elderly and disabled buses and vans
Spartanburg, SC intermodal facility
Springfield, MA Union Station
Springfield/Branson, MO bus terminal
St. Louis, MO Bi-state intermodal center
St. Louis, MO Care-Cab
St. Louis, MO Bi-State development agency bus replacement
Suffolk County, NY elderly and disabled buses and vans
Syracuse, NY CNG buses and facilities
Tacoma, WA Tacoma Dome station
Tampa, FL Hartline buses
Tampa, FL Ybor intermodal station (Hillsborough Area
Regional Transit Authority)
Tennessee statewide bus and facility replacement
Texas statewide small urban and rural buses
Tompkins County, NY new technology project
Towamencin Township, PA intermodal bus transportation
center
Tucson, AZ alternatively fueled buses
Tuscaloosa, AL intermodal center
Ukiah, CA transportation center
Ulster County, NY bus garage and equipment
University of North Alabama, pedestrian walkways
Utah Olympics park and ride lots
Utah Olympics intermodal transportation centers
Utah Hybrid electric vehicle bus purchase
Utah Transit Authority/Park City Transit, UT buses
Utah Transit Authority, UT intermodal facilities
Utica and Rome, NY bus facilities and buses
Utica, NY Union Station
Vancouver, WA C-Tran Seventh Street transit center
expansion
Vancouver, WA I-5 park and ride lots
Vermont statewide bus needs
Volusia County, FL bus systems integrated fleet operations
system
Washington County, PA intermodal facilities
Washington, Community Transit bus replacement
Washington statewide bus
Washington RTA buses
Washington, D.C. intermodal transportation center
Washoe County, NV transit improvements
Waterbury, CT bus facility
Waukesha, WI downtown transit center
West Virginia statewide intermodal facility and buses
Westchester County, NY DOT articulated buses
Westchester County, NY Bee-Line transit system shuttle
buses and fareboxes
Westfield, MA intermodal center
Westmoreland County, PA intermodal facility
Whittier, AK intermodal facility and pedistrian overpass
Wilkes-Barre, PA intermodal facility
Williamsport, PA bus facility
Wilsonville, OR buses and bus shelters
Windsor, CA intermodal facility
Wisconsin statewide bus facilities and buses
Woodland Hills, CA Warner Center transportation hub
Worcester, MA Union Station intermodal transportation
center
Yonkers, NY intermodal facility
Yosemite area, CA regional transportation strategies:
Provided further, That, the funds provided for new fixed guideway
systems shall be made available as follows:
$10,400,000 for Alaska and/or Hawaii ferry projects;
$2,500,000 for the Albuquerque/Santa Fe regional multimodal
transportation project;
$10,000,000 for the Albuquerque light rail project;
$55,000,000 for the Atlanta MARTA North Springs project;
$2,000,000 for the Austin Capital metro project;
$1,000,000 for the Baltimore central downtown transit
alternatives major investment study;
$2,000,000 for the Baltimore light rail double-track
project;
$37,600,000 for the BART San Francisco Airport and San Jose
Tasman West extensions projects;
$1,000,000 for the Birmingham, AL light rail project
feasibility study;
$1,000,000 for the Boston North-South rail link project;
$53,983,000 for the Boston-South Boston Piers MOS-2
project;
$1,500,000 for the Boston urban ring project;
$4,000,000 for the Burlington-Essex, Vermont commuter rail
project;
$3,000,000 for the Charleston, SC monobeam rail project;
$3,000,000 for the Charlotte, NC North-South corridor
transitway project;
$19,000,000 for Chicago Metra commuter rail extensions and
upgrades;
$4,000,000 for the Chicago Transit Authority Ravenswood and
Douglas branch lines projects;
$3,600,000 for the Cincinnati Northeast/Northern Kentucky
rail line project;
$1,000,000 for the Cleveland Berea Red Line MIS;
$4,000,000 for the Cleveland Euclid corridor improvement
project;
$500,000 for the Colorado-North Front Range corridor
feasibility study;
$20,500,000 for the Dallas DART North Central light rail
extension project;
$40,000,000 for the Denver Southwest Corridor project;
$1,000,000 for the Denver Southeast Corridor multimodal
corridor project;
$10,000,000 for the Fort Lauderdale, FL Tri-County commuter
rail project;
$12,000,000 for the Fort Worth, TX Railtran project;
$1,000,000 for the Galveston, Texas rail trolley system
extension project;
$2,000,000 for the Harrisburg, PA capitol area transit/
corridor one project;
$1,000,000 for the Hartford, CT light rail project;
$1,000,000 for a major investment analysis of Honolulu
transit alternatives;
$59,670,000 for the Houston Metro Regional Bus plan
project;
$1,000,000 for a Jacksonville, FL light rail and bus
corridors study;
$1,500,000 for the Johnson County, KS I-35 commuter rail
project;
$500,000 for the Kansas City, MO commuter rail study;
$1,000,000 for the Kenosha-Racine-Milwaukee, WI commuter
rail project;
$250,000 for the King County, WA Elliott Bay water taxi;
$2,000,000 for the Knoxville, TN transit program project;
$2,000,000 for the Largo, MD Metro Blue Line extension
project;
$4,000,000 for the Las Vegas resort corridor fixed guideway
system project;
$40,000,000 for the LIRR East Side access project, New
York;
$4,000,000 for the Little Rock, AR Arkansas River rail
project;
$30,000,000 for the Los Angeles MOS-3 project, of which
$24,000,000 shall be made available from funds provided in
Public Law 105-66 under this head for this project: Provided
further, That such sum shall be available to the grantee
without restriction;
$17,000,000 for MARC commuter rail improvements;
$2,200,000 for the Memphis Medical Center rail extension
project;
$3,000,000 for the Miami Metrorail Palmetto extension
project;
$4,000,000 for the Miami Metro-Dade Transit east-west
corridor project;
$8,000,000 for the Miami-North corridor transitway to
Broward County project;
$4,500,000 for the Morgantown, WV fixed guideway
modernization project;
$2,500,000 for the Nashville regional commuter rail
project;
$70,000,000 for the New Jersey urban core Hudson-Bergen LRT
project;
$12,000,000 for the New Jersey urban core Newark-Elizabeth
rail link project;
$1,000,000 for the New London, CT waterfront access
project;
$12,000,000 for the New York City, Kennedy class ferryboat
replacement project;
$2,000,000 for the Niagara Frontier Transportation
Authority light rail car rebuild project;
$6,000,000 for the Northern Indiana South Shore commuter
rail project;
$20,000,000 for the Orlando Lynx light rail project;
$500,000 for the Philadelphia to Pittsburgh high-speed
magnetic levitation project;
$6,500,000 for the Philadelphia-Reading SEPTA Schuylkill
Valley Metro project;
$1,000,000 for the Philadelphia SEPTA Cross County Metro
project;
$5,000,000 for the Pittsburgh Allegheny County Stage II
light rail project;
$5,000,000 for the Pittsburgh Airborne Shuttle System
project;
$1,000,000 for the Pittsburgh North Shore central business
district transit options major investment study;
$26,700,000 for the Portland Westside and South-North light
rail projects;
$13,000,000 for the Puget Sound RTA Link light rail
project;
$47,000,000 for the Puget Sound RTA Sounder commuter rail
project;
$14,000,000 for the Raleigh-Durham-Chapel Hill Triangle
Transit project;
$23,480,000 for the Sacramento south corridor LRT project;
$70,000,000 for the Salt Lake City South LRT project:
Provided further, That the non-governmental share for these
funds and for funds made available for this project under
Public Law 105-66, shall be determined in accordance with
section 3030(c)(2)(B)(ii) of the Transportation Equity Act for
the 21st Century, as amended (Public Law 105-178);
$8,000,000 for the Salt Lake City/Airport to University
(West-East) light rail project: Provided further, That the non-
governmental share for these funds shall be determined in
accordance with Section 3030(c)(2)(B)(ii) of the Transportation
Equity Act for the 21st Century, as amended (Public Law 105-
178);
$1,000,000 for the San Diego Mission Valley and Mid-Coast
Corridors;
$19,967,000 for the San Juan Tren Urbano;
$2,000,000 for the Santa Fe rail link project;
$250,000 for the Sioux City micro rail trolley system;
$1,000,000 for the South DeKalb-Lindbergh Corridor LRT
project;
$200,000 for the Southeast Michigan commuter rail viability
study;
$10,000,000 for the St. George Ferry, NY terminal project;
$35,000,000 for the St. Louis Metro link/St. Clair County
LRT extension project;
$500,000 for the St. Louis-Jefferson City-Kansas City, MO
commuter rail project;
$1,000,000 for the Stamford, CT fixed guideway connector;
$1,000,000 for the Tampa Bay regional rail project; and
$15,000,000 for the Whitehall ferry terminal 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,
$1,805,600,000, to be derived from the Highway Trust Fund and to remain
available until expended.
Discretionary Grants
(highway trust fund, mass transit account)
(rescission of contract authorization)
Of the unobligated balances authorized in Public Law 102-240 under
49 U.S.C. 5338(b)(1), $392,000,000 are rescinded.
Job Access and Reverse Commute Grants
For necessary expenses to carry out Section 3037 of the Federal
Transit Act of 1998, $10,000,000: Provided, That no more than
$50,000,000 of budget authority shall be available for these purposes:
Provided further, That of the amounts appropriated under this head, not
more than $10,000,000 shall be used for grants for reverse commute
projects.
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, $50,000,000, to remain
available until expended.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and 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, $11,496,000, 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, $29,000,000, of which $574,000
shall be derived from the Pipeline Safety Fund, and of which $3,460,000
shall remain available until September 30, 2001: 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)
(oilspill liability trust 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,
$32,500,000, of which $3,500,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2001; and of which $29,000,000 shall be derived from the Pipeline
Safety Fund, of which $16,919,000 shall remain available until
September 30, 2001: 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 49 U.S.C. 60301, and that an additional $659,000 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, 2001: Provided, That not more than $11,000,000
shall be made available for obligation in fiscal year 1999 from amounts
made available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That
no such funds 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,
$42,720,000.
SURFACE TRANSPORTATION BOARD
Salaries and Expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $13,853,000: Provided,
That $2,000,000 in fees collected in fiscal year 1999 by the Surface
Transportation Board pursuant to 31 U.S.C. 9701 shall be made available
to this appropriation in fiscal year 1999: Provided further, That any
fees received in excess of $2,000,000 in fiscal year 1999 shall remain
available until expended, but shall not be available for obligation
until October 1, 1999.
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, $3,847,000: 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)
$53,473,000, of which not to exceed $2,000 may be used for official
reception and representation expenses.
Emergency Fund
For necessary expenses, not otherwise provided for, of the National
Transportation Safety Board for accident investigations, and for
oversight and provision of services to families of victims of
transportation disasters, 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 1999 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 91 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 1999, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid Highways amounts authorized for administrative
expenses and programs funded from the administrative takedown
authorized by section 104(a) of title 23, United States Code,
and amounts authorized for the highway use tax evasion program
and the Bureau of Transportation Statistics.
(2) not distribute an amount from the obligation limitation
for Federal-aid Highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway
and highway safety programs for the previous fiscal year the
funds for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid
Highways less the aggregate of amounts not distributed
under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway and highway safety
construction programs (other than sums authorized to be
appropriated for sections set forth in paragraphs (1)
through (7) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23, United States
Code, equal to the amount referred to in subsection
(b)(8)) for such fiscal year less the aggregate of the
amounts not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
Highways less the aggregate amounts not distributed under
paragraphs (1) and (2) for section 117 of title 23, United
States Code (relating to high priority projects program),
section 201 of the Appalachian Regional Development Act of
1965, the Woodrow Wilson Memorial Bridge Authority Act of 1995,
and $2,000,000,000 for such fiscal year under section 105 of
the Transportation Efficiency Act for the 21st Century
(relating to minimum guarantee) so that the amount of
obligation authority available for each of such sections is
equal to the amount determined by multiplying the ratio
determined under paragraph (3) by the sums authorized to be
appropriated for such section (except in the case of section
105, $2,000,000,000) for such fiscal year;
(5) distribute the obligation limitation provided for
Federal-aid Highways less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraph (4) for each of the programs that are allocated by
the Secretary under title 23, United State Code (other than
activities to which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio determined
under paragraph (3) by the sums authorized to be appropriated
for such program for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid Highways less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraphs (4) and (5) for Federal-aid highway and highway
safety construction programs (other than the minimum guarantee
program, but only to the extent that amounts apportioned for
the minimum guarantee program for such fiscal year exceed
$2,639,000,000, and the Appalachian development highway system
program) that are apportioned by the Secretary under title 23,
United States Code, in the ratio that--
(A) sums authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid Highways shall not apply to obligations (1)
under section 125 of title 23, United States Code; (2) under section
147 of the Surface Transportation Assistance Act of 1978; (3) under
section 9 of the Federal-Aid Highway Act of 1981; (4) under sections
131(b) and 131(j) of the Surface Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the Surface Transportation and
Uniform Relocation Assistance Act of 1987; (6) under section 1103
through 1108 of the Intermodal Surface Transportation Efficiency Act of
1991; (7) under section 157 of title 23, United States Code, as in
effect on the day before the date of enactment of the Transportation
Efficiency Act for the 21st Century; and (8) under section 105 of title
23, United States Code (but, only in an amount equal to $639,000,000
for such fiscal year).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall after August 1 for such fiscal year
revise a distribution of the obligation limitation 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
104 and 144, of title 23, United States Code, section 160 (as in effect
on the day before the enactment of the Transportation Efficiency Act
for the 21st Century) of title 23, United States Code, and under
section 1015 of the Intermodal Surface Transportation Act of 1991 (105
Stat. 1943-1945).
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapters 3 and 5 of
title 23, United States Code, except that obligation authority made
available for such programs under such limitation shall remain
available for a period of 3 fiscal years.
(e) Redistribution of Certain Authorized Funds.--Not later than 30
days after the date of the distribution of obligation limitation under
subsection (a), the Secretary shall distribute to the States any funds
(1) that are authorized to be appropriated for such fiscal year for
Federal-aid highway programs (other than the program under section 160
of title 23, United States Code) and for carrying out subchapter I of
chapter 311 of title 49, United States Code, and chapter 4 of title 23,
United States Code, and (2) that the Secretary determines will not be
allocated to the States, and will not be available for obligation, in
such fiscal year due to the imposition of any obligation limitation for
such fiscal year. Such distribution to the States shall be made in the
same ratio as the distribution of obligation authority under subsection
(a)(6). The funds so distributed shall be available for any purposes
described in section 133(b) of title 23, United States Code.
(f) Special Rule.--Obligation limitation distributed for a fiscal
year under subsection (a)(4) for a section set forth in subsection
(a)(4) shall remain available until used for obligation of funds for
such section and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
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.
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. Section 218 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence by striking ``the south
Alaskan border'' and inserting ``Haines'' in lieu
thereof;
(B) in the third sentence by striking ``highway''
and inserting ``highway or the Alaska Marine Highway
System'' in lieu thereof;
(C) in the fourth sentence by striking ``any other
fiscal year thereafter'' and inserting ``any other
fiscal year thereafter, including any portion of any
other fiscal year thereafter, prior to the date of the
enactment of the Transportation Equity Act for the 21st
Century'' in lieu thereof;
(D) in the fifth sentence by striking
``construction of such highways until an agreement''
and inserting ``construction of the portion of such
highways that are in Canada until an agreement'' in
lieu thereof; and
(2) in subsection (b) by inserting ``in Canada'' after
``undertaken''.
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, capital investment grants''
for projects specified in this Act or identified in reports
accompanying this Act not obligated by September 30, 2001 and other
recoveries, 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, 1998, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 319. None of the funds in this Act 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 1999.
Sec. 320. Funds provided in this Act for the Transportation
Administrative Service Center (TASC) shall be reduced by $17,247,000,
which limits fiscal year 1999 TASC obligational authority for elements
of the Department of Transportation funded in this Act to no more than
$165,215,000: 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. 321. Funds received by the Federal Highway 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 Administrative Expenses'' 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. 322. None of the funds in this or any other Act may be used to
compel, direct, or require agencies of the Department of Transportation
in their own construction contract awards, or recipients of financial
assistance for construction projects under this Act, to use a project
labor agreement on any project, nor to preclude use of a project labor
agreement in such circumstances.
Sec. 323. None of the funds made available in this Act may be used
for the purpose of promulgating or enforcing any regulation that has
the practical effect of (a) requiring more than one attendant during
unloading of liquefied compressed gases, or (b) preventing the
attendant from monitoring the customer's liquefied compressed gas
storage tank during unloading.
Sec. 324. 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. 325. None of the funds made available in this or any other Act
may be used for grants to the National Railroad Passenger Corporation:
Provided, That this provision shall not apply upon the public
disclosure by Amtrak of its national average per passenger loss during
the previous fiscal year for which a full fiscal year's data is
available: Provided further, That Amtrak shall determine the national
average per passenger loss by using revenues and fully allocated
expenses of core intercity passenger rail service and such
determination shall be verified by the United States General Accounting
Office: Provided further, That the national average per passenger loss
figure for each year shall be prominently displayed on every passenger
ticket sold by any means or mechanism along with a specific reference
to the American taxpayers' support for Amtrak: Provided further, That
the Secretary, acting through the Administrator of the Federal Aviation
Administration, shall by January 1, 1999, take such actions as may be
necessary to ensure that each air carrier (as that term is defined in
section 40102 of title 49 U.S.C.) prominently displays on every
passenger ticket sold by any means or mechanism a statement that
reflects the national average per passenger general fund subsidy based
on the fiscal year 1997 general fund appropriation from the Federal
Government to the Federal Aviation Administration: Provided further,
That the Secretary of Transportation, acting through the administrator
of the Federal Highway Administration, shall take such actions as may
be necessary to ensure the placement of signs, on each Federal-aid
highway (as that term is defined in section 101 of title 23, U.S.C.)
that states that, during fiscal year 1997, the Federal Government
provided a general fund appropriation at a level verified by the
Department of Transportation, for the subsidy of State and local
highway construction and maintenance.
Sec. 326. 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. 327. 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. 328. Bulk Fuel Storage Tanks. (a) Transfer of Funds.--
Notwithstanding any other provision of law, the remainder of the
balance in the Trans-Alaska Pipeline Liability Fund that is transferred
and deposited into the Oil Spill Liability Trust Fund under section
8102(a)(2)(B)(ii) of the Oil Pollution Act of 1990 (43 U.S.C. 1653
note) after June 16, 1998 shall be used in accordance with this
section.
(b) Use of Interest Only.--The interest produced from the
investment of the Trans-Alaska Pipeline Liability Fund balance that is
transferred and deposited into the Oil Spill Liability Trust Fund under
section 8102(a)(2)(B)(ii) of the Oil Pollution Act of 1990 (43 U.S.C.
1653 note) after June 16, 1998 shall be transferred annually by the
National Pollution Funds Center to the Denali Commission for a program,
to be developed in consultation with the Coast Guard, to repair or
replace bulk fuel storage tanks in Alaska which are not in compliance
with federal law, including the Oil Pollution Act of 1990, or State
law.
(c) TAPS Payment to Alaska Dedicated to Bulk Fuel Storage Tank
Repair and Replacement.--Section 8102(a)(2)(B)(i) of Public Law 101-380
(43 U.S.C. 1653 note) is amended by inserting immediately before the
semicolon, ``, which shall be used to repair and replace bulk fuel
storage tanks in Alaska so that such tanks comply with this Act and
with other applicable federal and state laws''.
Sec. 329. 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. 330. (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. 331. 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. 332. Notwithstanding 49 U.S.C. 41742, no essential air service
shall be provided to communities in the 48 contiguous States that are
located fewer than 70 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 210 miles from the nearest
large or medium hub airport.
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,
1999.
Sec. 334. Land Conveyance, Coast Guard Station Ocracoke, North
Carolina. (a) Authority To Convey.--The Secretary of Transportation may
convey, without consideration, to the State of North Carolina (in this
section referred to as the ``State''), all right, title, and interest
of the United States in and to a parcel of real property, together with
any improvements thereon, in Ocracoke, North Carolina, consisting of
such portion of the Coast Guard Station Ocracoke, North Carolina, as
the Secretary considers appropriate for purposes of the conveyance.
(b) Conditions.--The conveyance under subsection (a) shall be
subject to the following conditions:
(1) That the State accept the property to be conveyed under
that subsection subject to such easements or rights of way in
favor of the United States as the Secretary considers to be
appropriate for--
(A) utilities;
(B) access to and from the property;
(C) the use of the boat launching ramp on the
property; and
(D) the use of pier space on the property by search
and rescue assets.
(2) That the State maintain the property in a manner so as
to preserve the usefulness of the easements or rights of way
referred to in paragraph (1).
(3) That the State utilize the property for transportation,
education, environmental, or other public purposes.
(c) Reversion.--(1) If the Secretary determines at any time that
the property conveyed under subsection (a) is not to be used in
accordance with subsection (b), all right, title, and interest in and
to the property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry thereon.
(2) Upon reversion under paragraph (1), the property shall be under
the administrative jurisdiction of the Administrator of General
Services.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under subsection (a), and any
easements or rights of way granted under subsection (b)(1), shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the State.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions with respect to the conveyance
under subsection (a), and any easements or rights of way granted under
subsection (b)(1), as the Secretary considers appropriate to protect
the interests of the United States.
Sec. 335. Notwithstanding any other provisions of law, funds
appropriated in this or any other Act intended for highway
demonstration projects, railroad-highway crossings demonstration
projects or railroad relocation projects in Augusta, Georgia are
available for implementation of a project consisting of modifications
and additions to streets, railroads, and related improvements in the
vicinity of the grade crossing of the CSX railroad and 15th Street in
Augusta, Georgia.
Sec. 336. Notwithstanding any other provision of law, no approval
from the Secretary (other than review of the project final design)
shall be required to construct additional entrances and exits between
exits 57 and 58 for a pilot project to demonstrate a streamlined
process for project implementation on Interstate 495 in Suffolk County,
New York provided such entrances and exits are designed, constructed or
otherwise authorized by the responsible state transportation agency
through the appropriate state environmental process.
Sec. 337. Notwithstanding and other provision of law, the Secretary
of Transportation shall enter into agreements with the New York State
Department of Transportation that would allow automotive service
stations or other commercial establishments for serving motor vehicle
users to be sited and constructed in the vicinity of exit 51 and either
exits 66, 67, or 68 of the Long Island Expressway (Interstate 495) in
Suffolk County.
Sec. 338. (a) In General.--Section 30113 of title 49, United States
Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``or passenger
motor vehicles from a bumper standard prescribed under
chapter 325 of this title,'' after ``a motor vehicle
safety standard prescribed under this chapter''; and
(B) in paragraph (3)(A), by inserting ``or chapter
325 of this title (as applicable)'' after ``this
chapter'';
(2) in subsection (c)(1), by inserting ``, or a bumper
standard prescribed under chapter 325 of this title,'' after
``motor vehicle safety standard prescribed under this
chapter'';
(3) in subsection (d), by inserting ``(including an
exemption under subsection (b)(3)(B)(i) relating to a bumper
standard referred to in subsection (b)(1))'' after ``subsection
(b)(3)(B)(i) of this section''; and
(4) in subsection (h), by inserting ``or bumper standard
prescribed under chapter 325 of this title'' after ``each motor
vehicle safety standard prescribed under this chapter''.
(b) Conforming Amendments.--
(1) Section 32502(c) of title 49, United States Code, is
amended--
(A) in the matter preceding paragraph (1), by
striking ``any part of a standard'' and inserting ``all
or any part of a standard'';
(B) in paragraph (1), by striking ``or'' at the
end;
(C) in paragraph (2), by striking the period and
inserting ``; or''; and
(D) by adding at the end the following:
``(3) a passenger motor vehicle for which an application
for an exemption under section 30013(b) of this title has been
filed in accordance with the requirements of that section.''.
(2) Section 32506(a) of title 49, United States Code, is
amended by inserting ``and section 32502 of this title'' after
``Except as provided in this section''.
Sec. 339. Of the funds made available under this Act for capital
investment grants, $20,000,000 is provided for the Norfolk-Virginia
Beach Corridor project; $1,500,000 is provided for the Massachusetts
North Shore Corridor project; $5,000,000 is provided for the San Diego
Mission Valley and Mid-Coast Corridor projects; $3,300,000 is provided
for the Hartford, CT light rail project; $200,000 is provided for the
Southeast Michigan commuter rail viability study; $2,000,000 is
provided for the major investment analysis of Honolulu transit
alternatives; $2,700,000 is provided for the Stamford, CT fixed
guideway connector; $3,500,000 is provided for the Providence-Boston
commuter rail project; and $500,000 is provided for the Old Saybrook-
Hartford rail extension project.
Sec. 340. (a) Limitation on Funds Used to Enforce Regulations
Regarding Animal Fats and Vegetable Oils.--None of the funds made
available by this Act or subsequent Acts 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.
(B) Deadline for Promulgation of Regulations.--Not later than March
31, 1999, the Secretary of Transportation shall issue regulations
amending 33 C.F.R. 154 to comply with the requirements of Public Law
104-55.
Sec. 341. Amendment to Subsection 1110(a) of Public Law 96-487, 95
Stat. 2464.--Amend Subsection 1110(a) of Public Law 96-487, 95 Stat.
2565 as follows: strike ``airplanes'' and insert in lieu thereof
``aircraft''.
Sec. 342. Notwithstanding any other provision of law, funds made
available under section 1503 of Public Law 105-178 may be used to
support a direct loan of $85,000,000 to the city of Reno, Nevada for
the Reno Transportation Corridor project, including the grade
separation of at-grade rail lines and cross streets with a primarily
below-grade corridor.
Sec. 343. Within the $25,511,000,000 obligation limitation on the
federal-aid highway program, funds allocated or authorized from the
highway trust fund, in Public Law 105-178 for Miller Highway in New
York City, New York shall be made available to the State of New York
subject to the State and local planning and environmental review
process.
Sec. 344. Notwithstanding any provision of law, the Secretary of
Transportation is hereby authorized to waive repayment of any Federal-
aid highway funds expended on the construction of high occupancy
vehicle lanes or auxiliary lanes on I-287 in the State of New Jersey.
Such waiver shall not be granted by the Secretary until such time as
the Secretary is assured by the State of New Jersey that removal of the
high occupancy vehicle restrictions on I-287 is in the public interest.
Sec. 345. Modification of Substitute Project in Wisconsin. Section
1211 of the Transportation Equity Act for the 21st Century is amended
by adding at the end the following:
``(o) Modification of Substitute Project in Wisconsin.--Section
1045(a) of the Intermodal Surface Transportation Efficiency Act of 1991
(as amended by subsection (n) of this section) is amended in paragraph
(2)--
``(1) by inserting `after consultation with appropriate
local government officials,' after `Wisconsin,'; and
``(2) by striking `shall' and inserting `may'.''.
Sec. 346. Discretionary grants funds for bus and bus-related
facilities made available under Public Law 105-66 and its accompanying
conference report for the Virtual Transit Enterprise project may be
used to fund any aspect of the Virtual Transit Enterprise integration
of information project in South Carolina.
Sec. 347. Section 3021 of the Transportation Equity Act for the
21st Century (Public Law 105-178) is amended--
(1) in subsection (a), by inserting ``or the State of
Vermont'' after ``the State of Oklahoma''; and
(2) in subsection (b)(2)(A), by inserting ``and the State
of Vermont'' after ``within the State of Oklahoma''.
Sec. 348. Item 1132 in section 1602 of the Transportation Equity
Act for the 21st Century (112 Stat. 298), relating to Mississippi, is
amended by striking ``Pirate Cove'' and inserting ``Pirates' Cove and
4-lane connector to Mississippi Highway 468''.
Sec. 349. Judicial Review of Constitutional Claims. (a) Expedited
Consideration.--It shall be the duty of a district court of the United
States and the Supreme Court of the United States to advance on the
docket and to expedite to the maximum extent practicable the
disposition of any claim challenging the constitutionality of section
1101(b) of the Transportation Equity Act for the 21st Century (23
U.S.C. 101 note; 112 Stat. 113), whether on its face or as applied.
(b) Appeal to Supreme Court.--
(1) In general.--Notwithstanding any other provision of
law, any order of a district court of the United States
disposing of a claim described in subsection (a) shall be
reviewable by appeal directly to the Supreme Court of the
United States.
(2) Deadlines for appeal.--
(A) Notice of appeal.--Any appeal under paragraph
(1) shall be taken by a notice of appeal filed within
10 calendar days after the date on which the order of
the district court is entered.
(B) Jurisdictional statement.--The jurisdictional
statement shall be filed within 30 calendar days after
the date on which the order of the district court is
entered.
(3) Stays.--No stay of an order described in paragraph (1)
shall be issued by a single Justice of the Supreme Court.
(c) Applicability.--Subsections (a) and (b) shall apply with
respect to any claim filed after June 9, 1998, but before June 10,
1999.
Sec. 350. The change in definition for Amtrak capital expenses
shall not affect the legal characteristics of capital and operating
expenditures for purposes of Amtrak's requirement to eliminate the use
of appropriated funds for operating expenses according to Public Law
105-134. No funds appropriated for Amtrak in this Act shall be used to
pay for any wage, salary, or benefit increases that are a result of any
agreement entered into after October 1, 1997: Provided, That nothing in
this Act shall affect Amtrak's legal requirements to maintain its
current system of accounting under Generally Accepted Accounting
Principles: Provided further, That no later than 30 days after the end
of each quarter beginning with the first quarter in fiscal year 1999,
Amtrak shall submit to the Amtrak Reform Council and the Senate
Committee on Appropriations, and the Senate Committee on Commerce,
Science, and Transportation, a reporting of specific expenditures for
preventative maintenance, labor, and other operating expenses from
amounts made available under this Act, and Amtrak's estimate of the
amounts expected to be expended for such expenses for the remainder of
the fiscal year.
Sec. 351. Section 3 of the Act of July 17, 1952 (66 Stat. 746,
chapter 921), and section 3 of the Act of July 17, 1952 (66 Stat. 571,
chapter 922), are each amended in the proviso--
(1) by striking ``That'' and all that follows through ``the
collection of'' and inserting ``That the commission may
collect''; and
(2) by striking ``, shall cease'' and all that follows
through the period at the end and inserting a period.
Sec. 352. Section 1212(m) of Public Law 105-178 is amended-- (1) in
the subsection heading, by inserting ``, Idaho and West Virginia''
after ``Minnesota''; and (2) by inserting ``or the States of Idaho or
West Virginia'' after ``Minnesota''.
Sec. 353. Prohibitions Against Smoking on Scheduled Flights. (a) In
General.--Section 41706 of title 49, United States Code, is amended to
read as follows:
``Sec. 41706. Prohibitions against smoking on scheduled flights
``(a) Smoking Prohibition in Intrastate and Interstate Air
Transportation.--An individual may not smoke in an aircraft on a
scheduled airline flight segment in interstate air transportation or
intrastate air transportation.
``(b) Smoking Prohibition in Foreign Air Transportation.--The
Secretary of Transportation shall require all air carriers and foreign
air carriers to prohibit, on and after the 120th day following the date
of the enactment of this section, smoking in any aircraft on a
scheduled airline flight segment within the United States or between a
place in the United States and a place outside the United States.
``(c) Limitation on Applicability.--With respect to an aircraft
operated by a foreign air carrier, the smoking prohibitions contained
in subsections (a) and (b) shall apply only to the passenger cabin and
lavatory of the aircraft. If a foreign government objects to the
application of subsection (b) on the basis that it is an
extraterritorial application of the laws of the United States, the
Secretary is authorized to waive the application of subsection (b) to a
foreign air carrier licensed by that foreign government. The Secretary
of Transportation shall identify and enforce an alternative smoking
prohibition in lieu of subsection (b) that has been negotiated by the
Secretary and the objecting foreign government through a bilateral
negotiation process.
``(d) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the 60th day following the date of enactment of this
Act.
Sec. 354. Hazardous Materials. In the case of a State that, as of
the date of enactment of this Act, has in force and effect State
hazardous material transportation laws that are inconsistent with
Federal hazardous material transportation laws with respect to
intrastate transportation of agricultural production materials for
transportation from agricultural retailer to farm, farm to farm, and
from farm to agricultural retailer, within a 100-mile air radius, such
inconsistent laws may remain in force and effect for fiscal year 1999
only.
Sec. 355. Reimbursement for Salaries and Expenses. The National
Transportation Safety Board shall reimburse the State of New York and
local counties in New York during the period beginning on June 12,
1997, and ending on September 30, 1999, an aggregate amount equal to
$6,059,000 for costs (including salaries and expenses) incurred in
connection with the crash of TWA Flight 800.
Sec. 356. Signage on Highways With Respect to the National Cemetery
System. (a) Definitions.--In this section:
(1) Federal-aid highway.--The term ``Federal aid highway''
has the meaning given that term in section 101 of title 23,
United States Code.
(2) National cemetery system.--The term ``National Cemetery
System'' means the National Cemetery System, which is managed
by the Secretary of Veterans Affairs.
(3) State.--The term ``State'' has the meaning given that
term in section 101 of title 23, United States Code.
(b) Federal-aid Highways.--The Secretary of Transportation may
encourage States to take such action as may be necessary to ensure
that, for each cemetery of the National Cemetery System that is located
in the proximity of any Federal-aid highway, there is sufficient and
appropriate signage along that highway to direct visitors to that
cemetery.
(c) State Highways.--Nothing in subsection (b) is intended to
affect the provision of signage by a State along a State highway to
direct visitors to a cemetery of the National Cemetery System.
This Act may be cited as the ``Department of Transportation and
Related Agencies Appropriations Act, 1999''.
Attest:
Secretary.
105th CONGRESS
2d Session
H. R. 4328
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