[104th Congress Public Law 205]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ205.104]


[[Page 110 STAT. 2951]]

Public Law 104-205
104th Congress

                                 An Act


 
 Making appropriations for the Department of Transportation and related 
 agencies for the fiscal year ending September 30, 1997, and for other 
           purposes. <<NOTE: Sept. 30, 1996 -  [H.R. 3675]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Transportation and Related Agencies Appropriations Act, 1997.>>  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, 
1997, and for other purposes, namely:

                                 TITLE I

                      DEPARTMENT OF TRANSPORTATION

                         OFFICE OF THE SECRETARY

                          Salaries and Expenses

    For necessary expenses of the Office of the Secretary, $52,966,000, 
of which such sums as necessary shall be used to investigate 
anticompetitive practices in air transportation, enforce section 41712 
of title 49, and report to Congress by the end of the fiscal year on its 
progress to address anticompetitive practices, and of which not to 
exceed $40,000 shall be available as the Secretary may determine for 
allocation within the Department for official reception and 
representation expenses: Provided, That notwithstanding any other 
provision of law, there may be credited to this appropriation up to 
$1,000,000 in funds received in user fees established to support the 
electronic tariff filing system: Provided further, That none of the 
funds appropriated in this Act or otherwise made available may be used 
to maintain custody of airline tariffs that are already available for 
public and departmental access at no cost; to secure them against 
detection, alteration, or tampering; and open to inspection by the 
Department.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $5,574,000.

           Transportation Planning, Research, and Development

    For necessary expenses for conducting transportation planning, 
research, systems development, and development activities, to remain 
available until expended, $3,000,000.

[[Page 110 STAT. 2952]]

              Transportation Administrative Service Center

    Necessary expenses for operating costs and capital outlays of the 
Transportation Administrative Service Center, not to exceed 
$124,812,000, shall be paid from appropriations made available to the 
Department of Transportation: Provided, That such services shall be 
provided on a competitive basis to entities within the Department of 
Transportation: Provided further, That the above limitation on operating 
expenses shall not apply to non-DOT entities: Provided further, That no 
funds appropriated in this Act to an agency of the Department shall be 
transferred to the Transportation Administrative Service Center without 
the approval of the agency modal administrator: Provided further, That 
no assessments may be levied against any program, budget activity, 
subactivity or project funded by this Act unless notice of such 
assessments and the basis therefor are presented to the House and Senate 
Committees on Appropriations and are approved by such Committees.

                        Payments to Air Carriers

                 (liquidation of contract authorization)

                     (airport and airway trust fund)

            (including rescission of contract authorization)

    For liquidation of obligations incurred for payments to air carriers 
of so much of the compensation fixed and determined under subchapter II 
of chapter 417 of title 49, United States Code, as is payable by the 
Department of Transportation, $25,900,000, to remain available until 
expended and to be derived from the Airport and Airway Trust Fund: 
Provided, That none of the funds in this Act shall be available for the 
implementation or execution of programs in excess of $25,900,000 for the 
Payments to Air Carriers program in fiscal year 1997: Provided further, 
That none of the funds in this Act shall be used by the Secretary of 
Transportation to make payment of compensation under subchapter II of 
chapter 417 of title 49, United States Code, in excess of the 
appropriation in this Act for liquidation of obligations incurred under 
the ``Payments to air carriers'' program: Provided further, That none of 
the funds in this Act shall be used for the payment of claims for such 
compensation except in accordance with this provision: Provided further, 
That none of the funds in this Act shall be available for service to 
communities in the forty-eight contiguous States that are located fewer 
than seventy highway miles from the nearest large or
medium hub airport, or that require a rate of subsidy per passenger in 
excess of $200 unless such point is greater than two hundred and ten 
miles from the nearest large or medium hub airport: Provided further, 
That of funds provided for ``Small Community Air Service'' by Public Law 
101-508, $12,700,000 in fiscal year 1997 is hereby rescinded.

[[Page 110 STAT. 2953]]

                        Payments to Air Carriers

                              (rescission)

    Of the budgetary resources remaining available under this heading, 
$1,133,000 are rescinded.

                             Rental Payments

    For necessary expenses for rental of headquarters and field space 
not to exceed 8,580,000 square feet and for related services assessed by 
the General Services Administration, $127,447,000: Provided, That of 
this amount, $2,022,000 shall be derived from the Highway Trust Fund, 
$39,113,000 shall be derived from the Airport and Airway Trust Fund, 
$840,000 shall be derived from the Pipeline Safety Fund, and $193,000 
shall be derived from the Harbor Maintenance Trust Fund: Provided 
further, That in addition, for assessments by the General Services 
Administration related to the space needs of the Federal Highway 
Administration, $17,294,000, to be derived from ``Federal-aid 
Highways'', subject to the ``Limitation on General Operating Expenses''.

                Minority Business Resource Center Program

    For the cost of direct loans, $1,500,000, as authorized by 49 U.S.C. 
332: Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That these funds are available to 
subsidize gross obligations for the principal amount of direct loans not 
to exceed $15,000,000. In addition, for administrative expenses to carry 
out the direct loan program, $400,000.

                       Minority Business Outreach

    For necessary expenses of the Minority Business Resource Center 
outreach activities, $2,900,000, of which $2,635,000 shall remain 
available until September 30, 1998: Provided, That notwithstanding 49 
U.S.C. 332, these funds may be used for business opportunities related 
to any mode of transportation.

                               COAST GUARD

                           Operating Expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for; purchase of not to exceed five 
passenger motor vehicles for replacement only; payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and 
recreation and welfare; $2,319,725,000, of which $25,000,000 shall be 
derived from the Oil Spill Liability Trust Fund: <<NOTE: 14 USC 92 
note.>>  Provided, That the number of aircraft on hand at any one time 
shall not exceed two hundred and eighteen, exclusive of aircraft and 
parts stored to meet future attrition: Provided further, That none of 
the funds appropriated in this or any other Act shall be available for 
pay or administrative expenses in connection with shipping commissioners 
in the United States: Provided further, That none of the funds provided 
in this Act shall be avail

[[Page 110 STAT. 2954]]

able for expenses incurred for yacht documentation under 46 U.S.C. 
12109, except to the extent fees are collected from yacht owners and 
credited to this appropriation: Provided further, That the Commandant 
shall reduce both military and civilian employment levels for the 
purpose of complying with Executive Order No. 12839.

               Acquisition, Construction, and Improvements

    For necessary expenses of acquisition, construction, renovation, and 
improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto, $374,840,000, of which 
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund; of 
which $216,500,000 shall be available to acquire, repair, renovate or 
improve vessels, small boats and related equipment, to remain available 
until September 30, 2001; $18,040,000 shall be available to acquire new 
aircraft and increase aviation capability, to remain available until 
September 30, 1999; $41,700,000 shall be available for other equipment, 
to remain available until September 30, 1999; $52,350,000 shall be 
available for shore facilities and aids to navigation facilities, to 
remain available until September 30, 1999; and $46,250,000 shall remain 
available for personnel compensation and benefits and related costs, to 
remain available until September 30, 1998: Provided, That funds received 
from the sale of the VC-11A and HU-25 aircraft shall be credited to this 
appropriation for the purpose of acquiring new aircraft and increasing 
aviation capacity: Provided further, That the Commandant may dispose of 
surplus real property by sale or lease and the proceeds of such sale or 
lease shall be credited to this appropriation: Provided further, That 
none of the funds in this Act may be obligated or expended to continue 
the ``Vessel Traffic Service (VTS) 2000'' Program: Provided further, 
That of the funds provided under this heading, $1,000,000 is available 
only for a Coast Guard analysis of future VTS system requirements which 
minimizes complexity and is based upon an open system architecture 
maximizing use of off-the-shelf technology, to be conducted in 
cooperation with the maritime community and local organizations affected 
by the implementation of such systems.

                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, $22,000,000, to remain available until expended.

                         Port Safety Development

    For necessary expenses for debt retirement of the Port of Portland, 
Oregon, without further findings and determinations, $5,000,000, to 
remain available until expended.

                          Alteration of Bridges

    For necessary expenses for alteration or removal of obstructive 
bridges, $16,000,000, to remain available until expended.

[[Page 110 STAT. 2955]]

                               Retired Pay

    For retired pay, including the payment of obligations therefor 
otherwise chargeable to lapsed appropriations for this purpose, and 
payments under the Retired Serviceman's Family Protection and Survivor 
Benefits Plans, and for payments for medical care of retired personnel 
and their dependents under the Dependents Medical Care Act (10 U.S.C. 
ch. 55); $608,084,000.

                            Reserve Training

    For all necessary expenses for the Coast Guard Reserve, as 
authorized by law; maintenance and operation of facilities; and 
supplies, equipment, and services; $65,890,000.

               Research, Development, Test, and Evaluation

    For necessary expenses, not otherwise provided for, for applied 
scientific research, development, test, and evaluation; maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law, $19,200,000, to remain available until expended, of 
which $5,020,000 shall be derived from the Oil Spill Liability Trust 
Fund: Provided, That there may be credited to this appropriation funds 
received from State and local governments, other public authorities, 
private sources, and foreign countries, for expenses incurred for 
research, development, testing, and evaluation.

                               Boat Safety

                     (aquatic resources trust fund)

    For payment of necessary expenses incurred for recreational boating 
safety assistance under Public Law 92-75, as amended, $35,000,000, to be 
derived from the Boat Safety Account and to remain available until 
expended.

                     FEDERAL AVIATION ADMINISTRATION

                               Operations

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities and 
the operation (including leasing) and maintenance of aircraft, and 
carrying out the provisions of subchapter I of chapter 471 of title 49, 
United States Code, or other provisions of law authorizing the 
obligation of funds for similar programs of airport and airway 
development or improvement, lease or purchase of four passenger motor 
vehicles for replacement only, $4,900,000,000, of which $1,642,500,000 
shall be derived from the Airport and Airway Trust Fund: Provided, That 
notwithstanding any other provision of law, not to exceed $75,000,000 
from additional user fees to be established by the Administrator of the 
Federal Aviation Administration shall be credited to this appropriation 
as offsetting collections and used for necessary and authorized expenses 
under this heading: Provided further, That the sum herein appropriated 
from the general fund shall be reduced on a dollar for dollar basis as 
such offsetting collections are received during fiscal year

[[Page 110 STAT. 2956]]

1997, to result in a final fiscal year 1997 appropriation from the 
general fund estimated at not more than $3,182,500,000: Provided 
further, That the only additional user fees authorized as offsetting 
collections are fees for services provided to aircraft that neither take 
off from, nor land in, the United States: Provided further, That there 
may be credited to this appropriation, funds received from States, 
counties, municipalities, foreign authorities, other public authorities, 
and private sources, for expenses incurred in the provision of agency 
services, including receipts for the maintenance and operation of air 
navigation facilities and, for issuance, renewal or modification of 
certificates, including airman, aircraft, and repair station 
certificates, or for tests related thereto, or for processing major 
repair or alteration forms: Provided further, That funds may be used to 
enter into a grant agreement with a nonprofit standard setting 
organization to assist in the development of aviation safety standards: 
Provided further, That none of the funds in this Act shall be available 
for new applicants for the second career training program: Provided 
further, That none of the funds in this Act shall be available for 
paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation 
Administration employee unless such employee actually performed work 
during the time corresponding to such premium pay: Provided further, 
That none of the funds in this Act may be obligated
or expended to operate a manned auxiliary flight service station in the 
contiguous United States: Provided further, That none of the funds 
derived from the Airport and Airway Trust Fund may be used to support 
the operations and activities of the Associate Administrator for 
Commercial Space Transportation.

                        Facilities and Equipment

                     (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for acquisition, 
establishment, and improvement by contract or purchase, and hire of air 
navigation and experimental facilities and equipment as authorized under 
part A of subtitle VII of title 49, United States Code, including 
initial acquisition of necessary sites by lease or grant; engineering 
and service testing, including construction of test facilities and 
acquisition of necessary sites by lease or grant; and construction and 
furnishing of quarters and related accommodations for officers and 
employees of the Federal Aviation Administration stationed at remote 
localities where such accommodations are not available; and the 
purchase, lease, or transfer of aircraft from funds available under this 
head; to be derived from the Airport and Airway Trust Fund, 
$1,790,000,000, of which $1,573,000,000 shall remain available until 
September 30, 1999, and of which $217,000,000 shall remain available 
until September 30, 1997: Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred in 
the establishment and modernization of air navigation facilities.

[[Page 110 STAT. 2957]]

                 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, 
$187,412,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until September 30, 1999: Provided, That there may 
be credited to this appropriation funds received from States, counties, 
municipalities, other public authorities, and private sources, for 
expenses incurred for research, engineering, and development.

                       Grants-in-Aid for Airports

                 (liquidation of contract authorization)

                     (airport and airway trust fund)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and for noise compatibility planning 
and programs as authorized under subchapter I of chapter 471 and 
subchapter I of chapter 475 of title 49, United States 
Code, and under other law authorizing such obligations, $1,500,000,000, 
to be derived from the Airport and Airway Trust Fund and to remain 
available until expended: Provided, That none of the funds in this Act 
shall be available for the planning or execution of programs the 
obligations for which are in excess of $1,460,000,000 in fiscal year 
1997 for grants-in-aid for airport planning and development, and noise 
compatibility planning and programs, notwithstanding section 47117(h) of 
title 49, United States Code.

                    Aviation Insurance Revolving Fund

    The Secretary of Transportation is hereby authorized to make such 
expenditures and investments, within the limits of funds available 
pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the 
Government Corporation Control Act, as amended (31 U.S.C. 9104), as may 
be necessary in carrying out the program for aviation insurance 
activities under chapter 443 of title 49, United States Code.

                Aircraft Purchase Loan Guarantee Program

    None of the funds in this Act shall be <<NOTE: 49 USC 40113 note.>>  
available for activities under this heading during fiscal year 1997.

                 Administrative Services Franchise Fund

    There is hereby established in the Treasury <<NOTE: 49 USC 40113 
note.>>  a fund, to be available without fiscal year limitation, for the 
costs of capitalizing and operating such administrative services as the 
FAA Administrator determines may be performed more advantageously as 
centralized services, including accounting, international training, 
payroll, travel, duplicating, multimedia and information technology 
services: Provided, That any inventories, equipment, and other

[[Page 110 STAT. 2958]]

assets pertaining to the services to be provided by such fund, either on 
hand or on order, less the related liabilities or unpaid obligations, 
and any appropriations made prior to the current year for the purpose of 
providing capital shall be used to capitalize such fund: Provided 
further, That such fund shall be paid in advance from funds available to 
the FAA and other Federal agencies for which such centralized services 
are performed, at rates which will return in full all expenses of 
operation, including accrued leave, depreciation of fund plant and 
equipment, amortization of Automated Data Processing (ADP) software and 
systems (either required or donated), and an amount necessary to 
maintain a reasonable operating reserve, as determined by the FAA 
Administrator: Provided further, That such fund shall provide services 
on a competitive basis: Provided further, That an amount not to exceed 
four percent of the total annual income to such fund may be retained in 
the fund for fiscal year 1997 and each year thereafter, to remain 
available until expended, to be used for the acquisition of capital 
equipment and for the improvement and implementation of FAA financial 
management, ADP, and support systems: Provided further, That no later 
than thirty days after the end of each fiscal year, amounts in excess of 
this reserve limitation shall be transferred to miscellaneous receipts 
in the Treasury.

                     FEDERAL HIGHWAY ADMINISTRATION

                Limitation on General Operating Expenses

    Necessary expenses for administration, operation, including motor 
carrier safety program operations, and research of the Federal Highway 
Administration not to exceed $521,114,000 shall be paid in accordance 
with law from appropriations made available by this Act to the Federal 
Highway Administration together with advances and reimbursements 
received by the Federal Highway Administration: Provided, That 
$221,958,000 of the amount provided herein shall remain available until 
September 30, 1999.

                      Highway-Related Safety Grants

                 (liquidation of contract authorization)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of title 23, United States Code, section 402 administered by the Federal 
Highway Administration, to remain available until expended, $2,049,000 
to be derived from the Highway Trust Fund.

                          Federal-Aid Highways

                       (limitation on obligations)

                          (highway trust fund)

    None of the funds in this Act shall be <<NOTE: 23 USC 104 note.>>  
available for the implementation or execution of programs the 
obligations for which are in excess of $18,000,000,000 for Federal-aid 
highways and highway safety construction programs for fiscal year 1997.

[[Page 110 STAT. 2959]]

                          Federal-Aid Highways

                 (liquidation of contract authorization)

                          (highway trust fund)

    For carrying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, including the National 
Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not 
otherwise provided, including reimbursements for sums expended pursuant 
to the provisions of 23 U.S.C. 308, $19,800,000,000 or so much thereof 
as may be available in and derived from the Highway Trust Fund, to 
remain available until expended.

                       Right-of-Way Revolving Fund

                      (limitation on direct loans)

                          (highway trust fund)

    None of the funds under this head are available for obligations for 
right-of-way acquisition during fiscal year 1997.

                       Motor Carrier Safety Grants

                 (liquidation of contract authorization)

                          (highway trust fund)

    For payment of obligations incurred in carrying out 49 U.S.C. 31102, 
$74,000,000, to be derived from the Highway Trust Fund and to remain 
available until expended: Provided, That none of the funds in this Act 
shall be available for the implementation or execution of programs the 
obligations for which are in excess of $78,225,000 for ``Motor Carrier 
Safety Grants''.

                       State Infrastructure Banks

    To carry out the State Infrastructure Bank Pilot Program (Public Law 
104-59, section 350), $150,000,000, to remain available until expended: 
Provided, That the Secretary may distribute these funds in a manner 
determined by the Secretary to any State for which a State 
Infrastructure Bank has been approved and the State has requested such 
funds: Provided further, That no distribution of funds made available 
under this heading shall be made prior to 180 days after the date of 
enactment of this Act: Provided further, That the Secretary may approve 
State Infrastructure Banks for more than 10 States: Provided further, 
That these funds shall be used to advance projects or programs under the 
terms and conditions of section 350: Provided further, That any State 
that receives such funds may deposit any portion of those funds into 
either the highway or transit account of the State Infrastructure Bank: 
Provided further, That the Secretary shall ensure that the Federal 
disbursements shall be at a rate consistent with historic rates for the 
Federal-aid highways program.

[[Page 110 STAT. 2960]]

             NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

                         Operations and Research

    For expenses necessary to discharge the functions of the Secretary 
with respect to traffic and highway safety under part C of subtitle VI 
of title 49, United States Code, and chapter 301 of title 49, United 
States Code, $80,900,000, of which $45,646,000 shall remain available 
until September 30, 1999: Provided, That none of the funds appropriated 
by this Act may be obligated or expended to plan, finalize, or implement 
any rulemaking to add to section 575.104 of title 49 of the Code of 
Federal Regulations any requirement pertaining to a grading standard 
that is different from the three grading standards (treadwear, traction, 
and temperature resistance) already in effect.

                         Operations and Research

                          (highway trust fund)

    For expenses necessary to discharge the functions of the Secretary 
with respect to traffic and highway safety under 23 U.S.C. 403 and 
section 2006 of the Intermodal Surface Transportation Efficiency Act of 
1991 (Public Law 102-240), to be derived from the Highway Trust Fund, 
$51,712,000, of which $27,066,000 shall remain available until September 
30, 1999.

                      Highway Traffic Safety Grants

                 (liquidation of contract authorization)

                          (highway trust fund)

    For payment of obligations incurred carrying out the provisions of 
23 U.S.C. 153, 402, 408, and 410, chapter 303 of title 49, United States 
Code, and section 209 of Public Law 95-599, as amended, to remain 
available until expended, $168,100,000, to be derived from the Highway 
Trust Fund: Provided, That, notwithstanding subsection 2009(b) of the 
Intermodal Surface Transportation Efficiency Act of 1991, none of the 
funds in this Act shall be available for the planning or execution of 
programs the total obligations for which, in fiscal year 1997, are in 
excess of $168,100,000 for programs authorized under 23
U.S.C. 402 and 410, as amended, of which $128,700,000 shall be for 
``State and community highway safety grants'', $2,400,000 shall be for 
the ``National Driver Register'', $11,500,000 shall be for highway 
safety grants as authorized by section 1003(a)(7) of Public Law 102-240, 
and $25,500,000 shall be for section 410 ``Alcohol-impaired driving 
counter-measures programs'': Provided further, That none of these funds 
shall be used for construction, rehabilitation or remodeling costs, or 
for office furnishings and fixtures for State, local, or private 
buildings or structures: Provided further, That not to exceed $5,468,000 
of the funds made available for section 402 may be available for 
administering ``State and community highway safety grants'': Provided 
further, That not to exceed $150,000 of the funds made available for 
section 402 may be available for administering the highway safety grants 
authorized by section 1003(a)(7) of Public Law 102-240: Provided 
further, That the unobligated balances of the appro

[[Page 110 STAT. 2961]]

priation ``Highway-Related Safety Grants'' shall be transferred to and 
merged with this ``Highway Traffic Safety Grants'' appropriation: 
Provided further, That not to exceed $500,000 of the funds made 
available for section 410 ``Alcohol-impaired driving counter-measures 
programs'' shall be available for technical assistance to the States.

                     FEDERAL RAILROAD ADMINISTRATION

                       Office of the Administrator

    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $16,739,000, of which $1,523,000 shall remain 
available until expended: Provided, That none of the funds in this Act 
shall be available for the planning or execution of a program making 
commitments to guarantee new loans under the Emergency Rail Services Act 
of 1970, as amended, and no new commitments to guarantee loans under 
section 211(a) or 211(h) of the Regional Rail Reorganization Act of 
1973, as amended, shall be made: <<NOTE: 40 USC 817 note.>>  Provided 
further, That, as part of the Washington Union Station transaction in 
which the Secretary assumed the first deed of trust on the property and, 
where the Union Station Redevelopment Corporation or any successor is 
obligated to make payments on such deed of trust on the Secretary's 
behalf, including payments on and after September 30, 1988, the 
Secretary is authorized to receive such payments directly from the Union 
Station Redevelopment Corporation, credit them to the appropriation 
charged for the first deed of trust, and make payments on the first deed 
of trust with those funds: Provided further, That such additional sums 
as may be necessary for payment on the first deed of trust may be 
advanced by the Administrator from unobligated balances available to the 
Federal Railroad Administration, to be reimbursed from payments received 
from the Union Station Redevelopment Corporation.

                             Railroad Safety

    For necessary expenses in connection with railroad safety, not 
otherwise provided for, $51,407,000, of which $2,476,000 shall remain 
available until expended: Provided, That notwithstanding any other law, 
funds appropriated under this heading are available for the 
reimbursement of out-of-state travel and per diem costs incurred by 
employees of State governments directly supporting the Federal railroad 
safety program, including regulatory development and compliance-related 
activities.

                    Railroad Research and Development

    For necessary expenses for railroad research and development, 
$20,100,000, to remain available until expended.

                 Northeast Corridor Improvement Program

    For necessary expenses related to Northeast Corridor improvements 
authorized by title VII of the Railroad Revitalization and Regulatory 
Reform Act of 1976, as amended (45 U.S.C. 851 et seq.) and 49 U.S.C. 
24909, $115,000,000, to remain available until September 30, 1999.

[[Page 110 STAT. 2962]]

                High-Speed Rail Trainsets and Facilities

    For the National Railroad Passenger Corporation, $80,000,000, to 
remain available until September 30, 1999, to pursue public/private 
partnerships for high-speed rail trainset and maintenance facility 
financing arrangements.

             Railroad Rehabilitation and Improvement Program

    The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to section 
512 of the Railroad Revitalization and Regulatory Reform Act of 1976 
(Public Law 94-210), as amended, in such amounts and at such times as 
may be necessary to pay any amounts required pursuant to the guarantee 
of the principal amount of obligations under sections 511 through 513 of 
such Act, such authority to exist as long as any such guaranteed 
obligation is outstanding: Provided, That no new loan guarantee 
commitments shall be made during fiscal year 1997.

                     Next Generation High-Speed Rail

    For necessary expenses for Next Generation High-Speed Rail studies, 
corridor planning, development, demonstration, and implementation, 
$24,757,000, to remain available until expended: Provided, That funds 
under this head may be made available for grants to States for high-
speed rail corridor design, feasibility studies, environmental analyses, 
and track and signal improvements.

           Trust Fund Share of Next Generation High-Speed Rail

                 (liquidation of contract authorization)

                          (highway trust fund)

    For grants and payment of obligations incurred in carrying out the 
provisions of the High-Speed Ground Transportation program as defined in 
subsections 1036(c) and 1036(d)(1)(B) of the Intermodal Surface 
Transportation Efficiency Act of 1991, including planning and 
environmental analyses, $2,855,000, to be derived from the Highway Trust 
Fund and to remain available until expended.

                     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, 
$7,000,000 to be matched by the State of Rhode Island or its designee on 
a dollar for dollar basis and to remain available until expended: 
Provided, <<NOTE: Contracts.>>  That as a condition of accepting such 
funds, the Providence and Worcester (P&W) Railroad shall enter

[[Page 110 STAT. 2963]]

into an agreement with the Secretary to reimburse Amtrak and/or the 
Federal Railroad Administration, on a dollar for dollar basis, up to the 
first $13,000,000 in damages resulting from the legal action initiated 
by the P&W Railroad under its existing contracts with Amtrak relating to 
the provision of vertical clearances between Davisville and Central 
Falls in excess of those required for present freight operations.

          Grants to the National Railroad Passenger Corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation authorized by 49 U.S.C. 24104, 
$565,450,000, to remain available until expended, of which $342,000,000 
shall be available for operating losses and for mandatory passenger rail 
service payments, and $223,450,000 shall be for capital improvements: 
Provided, That funding under this head for capital improvements shall 
not be made available before July 1, 1997: Provided further, That none 
of the funds herein appropriated shall be used for lease or purchase of 
passenger motor vehicles or for the hire of vehicle operators for any 
officer or employee, other than the president of the Corporation, 
excluding the lease of passenger motor vehicles for those officers or 
employees while in official travel status.

                     FEDERAL TRANSIT ADMINISTRATION

                         Administrative Expenses

    For necessary administrative expenses of the Federal Transit 
Administration's programs authorized by chapter 53 of title 49, United 
States Code, $41,497,000.

                             Formula Grants

    For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2), 
5311, and 5336, to remain available until expended, $490,000,000: 
Provided, That no more than $2,149,185,000 of budget authority shall be 
available for these purposes: Provided further, That of the funds 
provided under this head for formula grants, no more than $400,000,000 
may be used for operating assistance under 49 U.S.C. 5336(d): Provided 
further, <<NOTE: Urban and rural areas.>>  That the limitation on 
operating assistance provided under this heading shall, for urbanized 
areas of less than 200,000 in population, be no less than seventy-five 
percent of the amount of operating assistance such areas are eligible to 
receive under Public Law 103-331: Provided further, That in the 
distribution of the limitation provided under this heading to urbanized 
areas that had a population under the 1990 census of 1,000,000 or more, 
the Secretary shall direct each such area to give priority consideration 
to the impact of reductions in operating assistance on smaller transit 
authorities operating within the area and to consider the needs and 
resources of such transit authorities when the limitation is distributed 
among all transit authorities operating in the area.

[[Page 110 STAT. 2964]]

                    University Transportation Centers

    For necessary expenses for university transportation centers as 
authorized by 49 U.S.C. 5317(b), to remain available until expended, 
$6,000,000.

                      Transit Planning and Research

    For necessary expenses for transit planning and research as 
authorized by 49 U.S.C. 5303, 5311, 5313, 5314, and 5315, to remain 
available until expended, $85,500,000, of which $39,500,000 shall be for 
activities under Metropolitan Planning (49 U.S.C. 5303); $4,500,000 for 
activities under Rural Transit Assistance (49 U.S.C. 5311(b)(2)); 
$8,250,000 for activities under State Planning and Research (49 U.S.C. 
5313(b)); $22,000,000 for activities under National Planning and 
Research (49 U.S.C. 5314); $8,250,000 for activities under Transit 
Cooperative Research (49 U.S.C. 5313(a)); and $3,000,000 for National 
Transit Institute (49 U.S.C. 5315).

                      Trust Fund Share of Expenses

                 (liquidation of contract authorization)

                          (highway trust fund)

    For payment of obligations incurred in carrying out 49 U.S.C. 
5338(a), $1,920,000,000, to remain available until expended and to be 
derived from the Highway Trust Fund: Provided, That $1,920,000,000 shall 
be paid from the Mass Transit Account of the Highway Trust Fund to the 
Federal Transit Administration's formula grants account.

                          Discretionary Grants

                       (limitation on obligations)

                          (highway trust fund)

    None of the funds in this Act shall be available for the 
implementation or execution of programs the obligations for which are in 
excess of $1,900,000,000 in fiscal year 1997 for grants under the 
contract authority in 49 U.S.C. 5338(b): Provided, That there shall be 
available for fixed guideway modernization, $760,000,000; there shall be 
available for the replacement, rehabilitation, and purchase of buses and 
related equipment and the construction of bus-related facilities, 
$380,000,000; and, notwithstanding any other provision of law, except 
for fixed guideway modernization projects, $8,890,000 made available 
under Public Law 102-240 and Public Law 102-143 under ``Federal Transit 
Administration, Discretionary Grants'' for projects specified in those 
Acts or identified in reports accompanying those Acts, not obligated by 
September 30, 1996; together with, notwithstanding any other provision 
of law, $744,000 funds made available for the ``New Bedford and Fall 
River Massachusetts commuter rail extension'' under Public Law 103-331; 
together with, notwithstanding any other provision of law, $47,322,000 
funds made available for the ``Chicago Central Area Circulator Project'' 
in Public Law 103-122 and Public Law 103-331, shall be made available 
for new fixed guideway systems

[[Page 110 STAT. 2965]]

together with the $760,000,000 made available for new fixed guideway 
systems in this Act, to be available as follows:
            $6,390,000 for the Alaska-Hollis to Ketchikan ferry project;
            $64,410,000 for the Atlanta-North Springs project;
            $10,260,000 for the Baltimore-LRT Extension project;
            $30,000,000 for the Boston Piers-MOS-2 project;
            $1,000,000 for the Burlington-Charlotte, Vermont commuter 
        rail project;
            $3,500,000 for the Canton-Akron-Cleveland commuter rail 
        project;
            $22,500,000, notwithstanding any other provision of law, for 
        transit improvements in the Chicago downtown area;
            $3,000,000 for the Cincinnati Northeast-Northern 
        Kentucky rail line project;
            $11,000,000 for the DART North Central light rail extension 
        project;
            $15,250,000 for the Dallas-Fort Worth RAILTRAN project;
            $661,000,000 for the DeKalb County, Georgia light rail 
        project;
            $1,500,000 for the Denver Southwest Corridor project;
            $9,000,000 for the Florida Tri-County commuter rail project;
            $1,000,000 for the Griffin light rail project;
            $40,590,000 for the Houston Regional Bus project;
            $5,500,000 for the Jackson, Mississippi Intermodal Corridor;
            $15,000,000 for the Jacksonville ASE extension project;
            $3,000,000 for the Kansas City Southtown corridor project;
            $2,000,000 for the Little Rock, Arkansas Junction Bridge 
        project;
            $70,000,000 for the Los Angeles-MOS-3 project;
            $1,500,000 for the Los Angeles-San Diego commuter rail 
        project;
            $33,191,000 for the MARC Commuter Rail Improvements project;
            $1,500,000 for the Metro-Dade Transit east-west corridor, 
        Florida project;
            $1,000,000 for the Miami-North 27th Avenue project;
            $3,039,000 for the Memphis, Tennessee Regional Rail Plan;
            $4,240,000 for the Morgantown, West Virginia Personal Rapid 
        Transit System;
            $10,000,000 for the New Jersey Urban Core/Hudson-Bergen LRT 
        project;
            $105,530,000 for the New Jersey Urban Core/Secaucus project;
            $500,000 for the New Jersey West Trenton commuter rail 
        project;
            $8,000,000 for the New Orleans Canal Street Corridor 
        project;
            $2,000,000 for the New Orleans Desire Streetcar project;
            $35,020,000 for the New York-Queens Connection project;
            $500,000 for the Northern Indiana commuter rail project;
            $2,000,000 for the Oklahoma City, MAPS corridor transit 
        system;
            $3,000,000 for the Orange County transitway project;
            $2,000,000 for the Orlando Lynx light rail project;
            $10,000,000 for the Pittsburgh Airport busway project;

[[Page 110 STAT. 2966]]

            $6,000,000 for the Portland South/North light rail transit 
        project;
            $138,000,000 for the Portland-Westside/Hillsboro Extension 
        project;
            $2,000,000 for the Research Triangle Park, North Carolina 
        regional transit plan;
            $6,000,000 for the Sacramento LRT Extension project;
            $35,000,000 for the Salt Lake City-South LRT project, of 
        which $10,000,000 may be available for high-occupancy vehicle 
        lane and corridor design costs;
            $13,500,000 for St. Louis Metrolink;
            $32,000,000 for the St. Louis-St. Clair Extension project;
            $27,500,000 for the San Francisco Area-BART airport 
        extension/San Jose Tasman West LRT projects;
            $1,500,000 for the San Diego-Mid-Coast Corridor project;
            $4,750,000 for the San Juan Tren Urbano project;
            $3,000,000 for the Seattle-Renton-Tacoma light rail project;
            $375,000 for the Staten Island-Midtown Ferry service 
        project;
            $2,000,000 for the Tampa Bay Regional Rail project;
            $3,000,000 for the Virginia Rail Express Richmond to 
        Washington communter rail project; and
            $3,750,000 for the Whitehall ferry terminal, New York, New 
        York.

                        Mass Transit Capital Fund

                 (liquidation of contract authorization)

                          (highway trust fund)

    For payment of obligations incurred in carrying out 49 U.S.C. 
5338(b) administered by the Federal Transit Administration, 
$2,300,000,000, to be derived from the Highway Trust Fund and to remain 
available until expended.

             Washington Metropolitan Area Transit Authority

    For necessary expenses to carry out the provisions of section 14 of 
Public Law 96-184 and Public Law 101-551, $200,000,000, 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

[[Page 110 STAT. 2967]]

by the Saint Lawrence Seaway Development Corporation, including the 
Great Lakes Pilotage functions delegated by the Secretary of 
Transportation, $10,337,000, to be derived from the Harbor Maintenance 
Trust Fund, pursuant to Public Law 99-662.

              RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

                      Research and Special Programs

    For expenses necessary to discharge the functions of the Research 
and Special Programs Administration, $26,886,000, of which $574,000 
shall be derived from the Pipeline Safety Fund, and of which $7,101,000 
shall remain available until September 30, 1999: Provided, That up to 
$1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited 
in the general fund of the Treasury as offsetting receipts: Provided 
further, That there may be credited to this appropriation funds received 
from States, counties, municipalities, other public authorities, and 
private sources for expenses incurred for training, for reports 
publication and dissemination.

                             Pipeline Safety

                         (pipeline safety fund)

    For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline 
program responsibilities of the Oil Pollution Act of 1990, $30,988,000, 
of which $2,528,000 shall be derived from the Oil Spill Liability Trust 
Fund and shall remain available until September 30, 1999; and of which 
$28,460,000 shall be derived from the Pipeline Safety Fund, of which 
$15,500,000 shall remain available until September 30, 1999: Provided, 
That in addition to amounts made available for the Pipeline Safety Fund, 
$1,000,000 shall be available for grants to States for the development 
and establishment of one-call notification systems and shall be derived 
from amounts previously collected under section 7005 of the Consolidated 
Omnibus Budget Reconciliation Act of 1985.

                      Emergency Preparedness Grants

                      (emergency preparedness fund)

    For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to 
be derived from the Emergency Preparedness Fund, to remain available 
until September 30, 1999: Provided, That none of the funds made 
available by 49 U.S.C. 5116(i) and 5127(d) shall be made available for 
obligation by individuals other than the Secretary of Transportation, or 
his designee.

                       OFFICE OF INSPECTOR GENERAL

                          Salaries and Expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$37,900,000: Provided, That none of the funds under this heading shall 
be for the conduct of contract audits.

[[Page 110 STAT. 2968]]

                      SURFACE TRANSPORTATION BOARD

                          Salaries and Expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $12,344,000: Provided, 
That $3,000,000 in fees collected in fiscal year 1997 by the Surface 
Transportation Board pursuant to 31 U.S.C. 9701 shall be made available 
to this appropriation in fiscal year 1997: Provided further, That any 
fees received in excess of $3,000,000 in fiscal year 1997 shall remain 
available until expended, but shall not be available for obligation 
until October 1, 1997.

                                TITLE II

                            RELATED AGENCIES

       ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

                          Salaries and Expenses

    For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended, $3,540,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for publications and training 
expenses.

                  NATIONAL TRANSPORTATION SAFETY BOARD

                          Salaries and Expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-18; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902), 
$42,407,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses.

                      TITLE III--GENERAL PROVISIONS

                     (including transfers of funds)

    Sec. 301. During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for maintenance 
and operation of aircraft; hire of passenger motor vehicles and 
aircraft; purchase of liability insurance for motor vehicles operating 
in foreign countries on official department business; and uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
    Sec. 302. Such sums as may be necessary for fiscal year 1997 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 303. <<NOTE: 49 USC 106 note.>>  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 


[[Page 110 STAT. 2969]]

Secondary Education Act of 1965, 20 U.S.C. 7701, et seq., for expenses 
of primary and secondary schooling for dependents of Federal Aviation 
Administration personnel stationed outside the continental United States 
at costs for any given area not in excess of those of the Department of 
Defense for the same area, when it is determined by the Secretary that 
the schools, if any, available in the locality are unable to provide 
adequately for the education of such dependents, and (2) for 
transportation of said dependents between schools serving the area that 
they attend and their places of residence when the Secretary, under such 
regulations as may be prescribed, determines that such schools are not 
accessible by public means of transportation on a regular basis.

    Sec. 304. Appropriations contained in this Act for the Department of 
Transportation shall be available for services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for an Executive Level IV.
    Sec. 305. None of the funds in this Act shall be available for 
salaries and expenses of more than one hundred seven political and 
Presidential appointees in the Department of Transportation: Provided, 
That none of the personnel covered by this provision may be assigned on 
temporary detail outside the Department of Transportation.
    Sec. 306. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 307. None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 308. The Secretary of Transportation may enter into grants, 
cooperative agreements, and other transactions with any person, agency, 
or instrumentality of the United States, any unit of State or local 
government, any educational institution, and any other entity in 
execution of the Technology Reinvestment Project authorized under the 
Defense Conversion, Reinvestment and Transition Assistance Act of 1992 
and related legislation: Provided, That the authority provided in this 
section may be exercised without regard to section 3324 of title 31, 
United States Code.
    Sec. 309. <<NOTE: Contracts. Public information.>>  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. <<NOTE: 23 USC 104 note.>>  (a) For fiscal year 1997 the 
Secretary of Transportation shall distribute the obligation limitation 
for Federal-aid highways by allocation in the ratio which sums 
authorized to be appropriated for Federal-aid highways that are 
apportioned or allocated to each State for such fiscal year bear to the 
total of the sums authorized to be appropriated for Federal-aid highways 
that are apportioned or allocated to all the States for such fiscal 
year.

    (b) During the period October 1 through December 31, 1996, no State 
shall obligate more than 25 per centum of the amount distributed to such 
State under subsection (a), and the total of all State obligations 
during such period shall not exceed 12 per

[[Page 110 STAT. 2970]]

centum of the total amount distributed to all States under such 
subsection.
    (c) Notwithstanding subsections (a) and (b), the Secretary shall--
            (1) provide all States with authority sufficient to prevent 
        lapses of sums authorized to be appropriated for Federal-aid 
        highways that have been apportioned to a State;
            (2) after August 1, 1997, revise a distribution of the funds 
        made available under subsection (a) if a State will not obligate 
        the amount distributed during that fiscal year and redistribute 
        sufficient amounts to those States able to obligate amounts in 
        addition to those previously distributed during that fiscal year 
        giving priority to those States having large unobligated 
        balances of funds apportioned under sections 103(e)(4), 104, and 
        144 of title 23, United States Code, and under sections 1013(c) 
        and 1015 of Public Law 102-240; and
            (3) not distribute amounts authorized for administrative 
        expenses and funded from the administrative takedown authorized 
        by section 104(a) of title 23, United States Code, the Federal 
        lands highway program, the intelligent transportation systems 
        program, and amounts made available under sections 1040, 1047, 
        1064, 6001, 6005, 6006, 6023, and 6024 of Public Law 102-240, 
        and 49 U.S.C. 5316, 5317, and 5338: Provided, That amounts made 
        available under section 6005 of Public Law 102-240 shall be 
        subject to the obligation limitation for Federal-aid highways
and highway safety construction programs under the head ``Federal-Aid 
Highways'' in this Act.

    (d) During the period October 1 through December 31, 1996, the 
aggregate amount of obligations under section 157 of title 23, United 
States Code, for projects covered under section 147 of the Surface 
Transportation Assistance Act of 1978, section 9 of the Federal-Aid 
Highway Act of 1981, sections 131(b), 131(j), and 404 of Public Law 97-
424, sections 1061, 1103 through 1108, 4008, and 6023(b)(8) and 
6023(b)(10) of Public Law 102-240, and for projects authorized by Public 
Law 99-500 and Public Law 100-17, shall not exceed $277,431,840.
    (e) During the period August 2 through September 30, 1997, the 
aggregate amount which may be obligated by all States shall not exceed 
2.5 percent of the aggregate amount of funds apportioned or allocated to 
all States--
            (1) under sections 104 and 144 of title 23, United States 
        Code, and 1013(c) and 1015 of Public Law 102-240, and
            (2) for highway assistance projects under section 103(e)(4) 
        of title 23, United States Code,

which would not be obligated in fiscal year 1997 if the total amount of 
the obligation limitation provided for such fiscal year in this Act were 
utilized.

    (f) Paragraph (e) shall not apply to any State which on or after 
August 1, 1997, has the amount distributed to such State under paragraph 
(a) for fiscal year 1997 reduced under paragraph (c)(2).
    (g) Increase in Administrative Takedown.--
            (1) In general.--Notwithstanding any other provision of law, 
        for fiscal year 1997 only, whenever an allocation is made of the 
        sums authorized to be appropriated for expenditure on the 
        Federal lands highways program, and whenever an apportionment is 
        made of the sums authorized to be appropriated

[[Page 110 STAT. 2971]]

        for expenditure on the surface transportation program, the 
        congestion mitigation and air quality improvement program, the 
        National Highway System, the Interstate maintenance program, the 
        Interstate reimbursement program, the highway bridge replacement 
        and rehabilitation program, and the donor State bonus program, 
        the Secretary of Transportation shall deduct a sum in such 
        amount not to exceed 4\1/4\ per centum of all sums to be 
        authorized as the Secretary may determine necessary for 
        administering the provisions of law to be financed from 
        appropriations for the Federal-Aid Highway Program and for 
        carrying on the research authorized by subsections (a) and (b) 
        of section 307 of title 23, United States Code. In making such 
        determination, the Secretary shall take into account the 
        unobligated balance of any sums deducted for such purposes in 
        prior years. The sum so deducted shall remain available until 
        expended.
            (2) Effect.--Any deduction by the Secretary of 
        Transportation in accordance with this Act shall be deemed to be 
        a deduction under section 104(a) of title 23, United States 
        Code.

    Sec. 311. <<NOTE: 49 USC 5338 note.>>  The limitation on obligations 
for the programs of the Federal Transit Administration shall not apply 
to any authority under 49 U.S.C. 5338, previously made available for 
obligation, or to any other authority previously made available for 
obligation under the discretionary grants program.

    Sec. 312. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.
    Sec. 313. None of the funds in this Act shall be available to plan, 
finalize, or implement regulations that would establish a vessel traffic 
safety fairway less than five miles wide between the Santa Barbara 
Traffic Separation Scheme and the San Francisco Traffic Separation 
Scheme.
    Sec. 314. <<NOTE: 49 USC 44502 note.>>  Notwithstanding any other 
provision of law, airports may transfer, without consideration, to the 
Federal Aviation Administration (FAA) instrument landing systems (along 
with associated approach lighting equipment and runway visual range 
equipment) which conform to FAA design and performance specifications, 
the purchase of which was assisted by a Federal airport aid program, 
airport development aid program or airport improvement program grant. 
The FAA shall accept such equipment, which shall thereafter be operated 
and maintained by the FAA in accordance with agency criteria.

    Sec. 315. None of the funds in this Act shall be available to award 
a multiyear contract for production end items that (1) includes economic 
order quantity or long lead time material procurement in excess of 
$10,000,000 in any one year of the contract or (2) includes a 
cancellation charge greater than $10,000,000 which at the time of 
obligation has not been appropriated to the limits of the Government's 
liability or (3) includes a requirement that permits performance under 
the contract during the second and subsequent years of the contract 
without conditioning such performance upon the appropriation of funds: 
Provided, That this limitation does not apply to a contract in which the 
Federal Government incurs no financial liability from not buying 
additional systems, subsystems, or components beyond the basic contract 
requirements.
    Sec. 316. None of the funds provided in this Act shall be made 
available for planning and executing a passenger manifest

[[Page 110 STAT. 2972]]

program by the Department of Transportation that only applies to United 
States flag carriers.
    Sec. 317. Notwithstanding any other provision of law, and except for 
fixed guideway modernization projects, funds made available by this Act 
under ``Federal Transit Administration, Discretionary grants'' for 
projects specified in this Act or identified in reports accompanying 
this Act not obligated by September 30, 1999, shall be made available 
for other projects under 49 U.S.C. 5309.
    Sec. 318. Notwithstanding any other provision of law, any funds 
appropriated before October 1, 1993, under any section of chapter 53 of 
title 49, 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 shall be available to 
implement or enforce regulations that would result in the withdrawal of 
a slot from an air carrier at O'Hare International Airport under section 
93.223 of title 14 of the Code of Federal Regulations in excess of the 
total slots withdrawn from that air carrier as of October 31, 1993 if 
such additional slot is to be allocated to an air carrier or foreign air 
carrier under section 93.217 of title 14 of the Code of Federal 
Regulations.
    Sec. 320. None of the funds in this Act may be used to compensate in 
excess of 335 technical staff years under the federally-funded  research 
 and  development  center  contract  between  the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 1997.
    Sec. 321. Funds provided in this Act for the Transportation 
Administrative Service Center (TASC) shall be reduced by $10,000,000, 
which limits fiscal year 1997 TASC obligational authority for elements 
of the Department of Transportation funded in this Act to no more than 
$114,812,000: Provided, That such reductions from the budget request 
shall be allocated by the Department of Transportation to each 
appropriations account in proportion to the amount included in each 
account for the Transportation Administrative Service Center.
    Sec. 322. Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training may be credited respectively 
to the Federal Highway Administration's ``Limitation on General 
Operating Expenses'' account, the Federal Transit Administration's 
``Transit Planning and Research'' account, and to the Federal Railroad 
Administration's ``Railroad Safety'' account, except for State rail 
safety inspectors participating in training pursuant to 49 U.S.C. 20105.
    Sec. 323. None of the funds in this Act shall be available to 
prepare, propose, or promulgate any regulations pursuant to title V of 
the Motor Vehicle Information and Cost Savings Act (49 U.S.C. 32901, et 
seq.) prescribing corporate average fuel economy standards for 
automobiles, as defined in such title, in any model year that differs 
from standards promulgated for such automobiles prior to enactment of 
this section.
    Sec. 324. None of the funds in this Act may be used for planning, 
engineering, design, or construction of a sixth runway at the new Denver 
International Airport, Denver, Colorado: Provided, That this provision 
shall not apply in any case where the

[[Page 110 STAT. 2973]]

Administrator of the Federal Aviation Administration determines, in 
writing, that safety conditions warrant obligation of such funds.
    Sec. 325. Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to the provisions of section 6006 
of the Intermodal Surface Transportation Efficiency Act of 1991, may be 
credited to the Federal-aid highways account for the purpose of 
reimbursing the Bureau for such expenses: Provided, That such funds 
shall not be subject to the obligation limitation for Federal-aid 
highways and highway safety construction. That in addition to amounts 
otherwise provided in this Act, not to exceed $3,100,000 in expenses of 
the Bureau of Transportation Statistics necessary to conduct activities 
related to airline
statistics may be incurred, but only to the extent such expenses are 
offset by user fees charged for those activities and credited as 
offsetting collections.

    Sec. 326. The Secretary of Transportation is authorized to transfer 
funds appropriated in this Act to ``Rental payments'' for any expense 
authorized by that appropriation in excess of the amounts provided in 
this Act: Provided, <<NOTE: Notification.>>  That prior to any such 
transfer, notification shall be provided to the House and Senate 
Committees on Appropriations.

    Sec. 327. None of the funds in this Act may be obligated or expended 
for employee training which: (a) does not meet identified needs for 
knowledge, skills and abilities bearing directly upon the performance of 
official duties; (b) contains elements likely to induce high levels of 
emotional response or psychological stress in some participants; (c) 
does not require prior employee notification of the content and methods 
to be used in the training and written end of course evaluations; (d) 
contains any methods or content associated with religious or quasi-
religious belief systems or ``new age'' belief systems as defined in 
Equal Employment Opportunity Commission Notice N-915.022, dated 
September 2, 1988; (e) is offensive to, or designed to change, 
participants' personal values or lifestyle outside the workplace; or (f) 
includes content related to human immunodeficiency virus/acquired immune 
deficiency syndrome (HIV/AIDS) other than that necessary to make 
employees more aware of the medical ramifications of HIV/AIDS and the 
workplace rights of HIV-positive employees.
    Sec. 328. None of the funds in this Act shall, in the absence of 
express authorization by Congress, be used directly or indirectly to pay 
for any personal service, advertisement, telegram, telephone, letter, 
printed or written matter, or other device, intended or designed to 
influence in any manner a Member of Congress, to favor or oppose, by 
vote or otherwise, any legislation or appropriation by Congress, whether 
before or after the introduction of any bill or resolution proposing 
such legislation or appropriation: Provided, That this shall not prevent 
officers or employees of the Department of Transportation or related 
agencies funded in this Act from communicating to Members of Congress on 
the request of any Member or to Congress, through the proper official 
channels, requests for legislation or appropriations which they deem 
necessary for the efficient conduct of the public business.
    Sec. 329. None of the funds in this Act may be used to support 
Federal Transit Administration's field operations and oversight of the 
Washington Metropolitan Area Transit Authority in any location other 
than from the Washington, D.C. metropolitan area.

[[Page 110 STAT. 2974]]

    Sec. 330. None of the funds made available in this Act may be used 
for improvements to the Miller Highway in New York City, New York.
    Sec. 331. Not to exceed $1,250,000 of the funds provided in this Act 
for the Department of Transportation shall be available for the 
necessary expenses of advisory committees.
    Sec. 332. Notwithstanding any other provision of law, the Secretary 
may use funds appropriated under this Act, or any subsequent Act, to 
administer and implement the exemption provisions of 49 CFR 580.6 and to 
adopt or amend exemptions from the disclosure requirements of 49 CFR 
part 580 for any class or category of vehicles that the Secretary deems 
appropriate.
    Sec. 333. No funds other than those appropriated to the Surface 
Transportation Board shall be used for conducting the activities of the 
Board.
    Sec. 334. Section 24902 of title 49, United States Code, is amended 
by adding at the end the following new subsection:
    ``(m) Applicable Procedures.--No State or local building, zoning, 
subdivision, or similar or related law, nor any other State or local law 
from which a project would be exempt if undertaken by the Federal 
Government or an agency thereof within a Federal enclave wherein Federal 
jurisdiction is exclusive, including without limitation with respect to 
all such laws referenced herein above requirements for permits, actions, 
approvals or filings, shall apply in connection with the construction, 
ownership, use, operation, financing, leasing, conveying, mortgaging or 
enforcing a mortgage of (i) any improvement undertaken by or for the 
benefit of Amtrak as part of, or in furtherance of, the Northeast 
Corridor Improvement Project (including without limitation maintenance, 
service, inspection or similar facilities acquired, constructed or used 
for high speed trainsets) or chapter 241, 243, or 247 of this title or 
(ii) any land (and right, title or interest created with respect 
thereto) on which such improvement is located and adjoining, surrounding 
or any related land. <<NOTE: Applicability.>>  These exemptions shall 
remain in effect and be applicable with respect to such land and 
improvements for the benefit of any mortgagee before, upon and after 
coming into possession of such improvements or land, any third party 
purchasers thereof in foreclosure (or through a deed in lieu of 
foreclosure), and their respective successors and assigns, in each case 
to the extent the land or improvements are used, or held for use, for 
railroad purposes or purposes accessory thereto. This subsection (m) 
shall not apply to any improvement or related land unless Amtrak 
receives a Federal operating subsidy in the fiscal year in which Amtrak 
commits to or initiates such improvement.''.

    Sec. 335. None of the funds made available in this Act may be used 
to construct, or to pay the salaries or expenses of Department of 
Transportation personnel who approve or facilitate the construction of, 
a third track on the Metro-North Railroad Harlem Line in the vicinity of 
Bronxville, New York, when it is made known to the Federal official 
having authority to obligate or expend such funds that a final 
environmental impact statement has not been completed for such 
construction project.
    Sec. 336. Section 5328(c)(1)(E) of title 49, United States Code, is 
amended--
            (1) by striking ``Westside'' the first place it appears;
            (2) by striking ``and'' after ``101-584,''; and

[[Page 110 STAT. 2975]]

            (3) by inserting before the period at the end the following: 
        ``, and the locally preferred alternative for the South/North 
        Corridor Project''.

    Sec. 336a. Section 3035(b) of Public Law 102-240 <<NOTE: 105 Stat. 
2129.>>  is hereby amended by striking ``$515,000,000'' and inserting in 
lieu thereof ``$555,000,000''.

    Sec. 337. Notwithstanding any other provision of law, of the funds 
made available to Cleveland for the ``Cleveland Dual Hub Corridor 
Project'' or ``Cleveland Dual Hub Rail Project,'' $4,023,030 in funds 
made available in fiscal years 1991, 1992, and 1994, under Public Laws 
101-516, 102-143, 102-240, 103-122, and accompanying reports, shall be 
made available for the Berea Red Line Extension and the Euclid Corridor 
Improvement projects.
    Sec. 338. Notwithstanding any other provision of law, funds made 
available under section 3035(kk) of Public Law 102-240 for fiscal year 
1997 to the State of Michigan shall be for the purchase of buses and 
bus-related equipment and facilities.
    Sec. 339. In addition to amounts otherwise provided in this Act, 
there is hereby appropriated $2,400,000 for activities of the National 
Civil Aviation Review Commission, to remain available until expended.
    Sec. 340. Of the amounts made available under the Federal Transit 
Administration's Discretionary Grants program for Kauai, Hawaii, in 
Public Law 103-122 and Public Law 103-331, $3,250,000 shall be 
transferred to and administered in accordance with 49 U.S.C. 5311 and 
made available to Kauai, Hawaii.
    Sec. 341. Section 423 of H.R. 1361, as passed the House of 
Representatives on May 9, 1995, is hereby enacted into law.
    Sec. 342. Improvements identified as highest priority by section 
1069(t) of Public Law 102-240 and funded pursuant to section 118(c)(2) 
of title 23, United States Code, shall not be treated as an allocation 
for Interstate maintenance for such fiscal year under section 157(a)(4) 
of title 23, United States Code, and sections 1013(c), 1015(a)(1), and 
1015(b)(1) of Public Law 102-240: Provided, That any discretionary grant 
made pursuant to Public Law 99-663 shall not be subject to section 1015 
of Public Law 102-240.
    Sec. 343. (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

[[Page 110 STAT. 2976]]

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. 344. 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. 345. None of the funds made available in this Act may be used 
by the National Transportation Safety Board to plan, conduct, or enter 
into any contract for a study to determine the feasibility of allowing 
individuals who are more than 60 years of age to pilot commercial 
aircraft.
    Sec. 346. Funds provided in this Act for bonuses and cash awards for 
employees of the Department of Transportation shall be reduced by 
$513,604 which limits fiscal year 1997 obligation authority to no more 
than $25,448,300: Provided, That this provision shall be applied to 
funds for Senior Executive Service bonuses, merit pay, and other bonuses 
and cash awards.
    Sec. 347. <<NOTE: Amtrak. 49 USC 24301 note.>>  Hereinafter, the 
National Railroad Passenger Corporation (Amtrak) shall be exempted from 
any State or local law relating to the payment or delivery of abandoned 
or unclaimed personal property to any government authority, including 
any provision for the enforcement thereof, with respect to passenger 
rail tickets for which no refund has been or may be claimed, and such 
law shall not apply to funds held by Amtrak as a result of the purchase 
of tickets after April 30, 1972 for which no refund has been claimed.

    Sec. 348. Notwithstanding any other provision of law, of amounts 
made available under Federal Aviation Administration ``Operations'', the 
FAA shall provide personnel at Dutch Harbor, Alaska to provide real-time 
weather and runway observation and other such functions to help ensure 
the safety of aviation operations.

    Sec. 349. <<NOTE: 5 USC 5597.>>  Department of Transportation 
Voluntary 
Separation Incentive Payments.--

    (a) Definitions.--For the purposes of this section--
            (1) the term ``agency'' means the following agencies of the 
        Department of Transportation:
                    (A) the United States Coast Guard;
                    (B) the Research and Special Programs 
                Administration;
                    (C) the Saint Lawrence Seaway Development 
                Corporation;
                    (D) the Office of the Secretary; and
                    (E) the Federal Railroad Administration;
            (2) the term ``employee'' means an employee (as defined by 
        section 2105 of title 5, United States Code) who is employed by 
        the agency serving under an appointment without time limitation, 
        and has been currently employed for a continuous period of at 
        least 3 years, but does not include--
                    (A) a reemployed annuitant under subchapter III of 
                chapter 83 or chapter 84 of title 5, United States Code, 
                or another retirement system for employees of the 
                agency;

[[Page 110 STAT. 2977]]

                    (B) an employee having a disability on the basis of 
                which such employee is or would be eligible for 
                disability retirement under the applicable retirement 
                system referred to in subparagraph (A);
                    (C) an employee who is in receipt of a specific 
                notice of involuntary separation for misconduct or 
                unacceptable performance;
                    (D) an employee who, upon completing an additional 
                period of service as referred to in section 
                3(b)(2)(B)(ii) of the Federal Workforce Restructuring 
                Act of 1994 (5 U.S.C. 5597 note), would qualify for a 
                voluntary separation incentive payment under section 3 
                of such Act;
                    (E) an employee who has previously received any 
                voluntary separation incentive payment by the Federal 
                Government under this section or any other authority and 
                has not repaid such payment;
                    (F) an employee covered by statutory reemployment 
                rights who is on transfer to another organization;
                    (G) any employee who, during the twenty-four month 
                period preceding the date of separation, has received a 
                recruitment or relocation bonus under section 5753 of 
                title 5, United States Code, or who, within the twelve 
                month period preceding the date of separation, received 
                a retention allowance under section 5754 of title 5, 
                United States Code; or
                    (H) any employee who, upon separation and 
                application, would be eligible for an immediate annuity 
                under subchapter III of chapter 83 or chapter 84 of 
                title 5, United States Code (or another retirement 
                system for employees of the agency), other than an 
                annuity subject to a reduction under section 8339(h) or 
                8415(f) of such title (or corresponding provisions of 
                another retirement system for employees of the agency).

    (b) Agency Strategic Plan.--
            (1) In general.--The head of an agency, prior to obligating 
        any resources for voluntary separation incentive payments, shall 
        submit to the House and Senate Committees on Appropriations and 
        the Committee on Governmental Affairs of the Senate and the 
        Committee on Government Reform and Oversight of the House of 
        Representatives a strategic plan outlining the intended use of 
        such incentive payments and a proposed organizational chart for 
        the agency once such incentive payments have been completed.
            (2) Contents.--The agency's plan shall include--
                    (A) the positions and functions to be reduced or 
                eliminated, identified by organizational unit, 
                geographic location, occupational category and grade 
                level;
                    (B) the number and amounts of voluntary separation 
                incentive payments to be offered; and
                    (C) a description of how the agency will operate 
                without the eliminated positions and functions.

    (c) Authority To Provide Voluntary Separation Incentive Payments.--
            (1) In general.--A voluntary separation incentive payment 
        under this section may be paid by an agency to any employee only 
        to the extent necessary to eliminate the positions and functions 
        identified by the strategic plan.

[[Page 110 STAT. 2978]]

            (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment--
                    (A) shall be paid in a lump sum after the employee's 
                separation;
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employees;
                    (C) shall be equal to the lesser of--
                          (i) an amount equal to the amount the employee 
                      would be entitled to receive under section 5595(c) 
                      of title 5, United States Code; or
                          (ii) an amount determined by an agency head 
                      not to exceed $25,000 in fiscal year 1997;
                    (D) shall not be a basis for payment, and shall not 
                be included in the computation, of any other type of 
                Government benefit; and
                    (E) shall not be taken into account in determining 
                the amount of any severance pay to which the employee 
                may be entitled under section 5595 of title 5, United 
                States Code, based on any other separation.
            (3) Limitation.--No amount shall be payable under this 
        section based on any separation occurring before the date of the 
        enactment of this Act, or after September 30, 1997.

    (d) Additional Agency Contributions to the Retirement Fund.--
            (1) In general.--In addition to any other payments which it 
        is required to make under subchapter III of chapter 83 of title 
        5, United States Code, an agency shall remit to the Office of 
        Personnel Management for deposit to the Treasury of the United 
        States to the credit of the Civil Service Retirement and 
        Disability Fund an amount equal to 15 percent of the final basic 
        pay of each employee of the agency who is covered under 
        subchapter III of chapter 83 or chapter 84 of title 5, United 
        States Code, to whom a voluntary separation incentive has been 
        paid under this section.
            (2) Definition.--For the purpose of paragraph (1), the term 
        ``final basic pay'', with respect to an employee, means the 
        total amount of basic pay which would be payable for a year of 
        service by such employee, computed using the 
        employee's final rate of basic pay, and, if last serving on 
        other than a full-time basis, with appropriate adjustment 
        therefor.

    (e) Effect of Subsequent Employment With the Government.--An 
individual who has received a voluntary separation incentive payment 
under this section and accepts any employment for compensation with the 
Government of the United States, or who works for any agency of the 
United States Government through a personal services contract, within 5 
years after the date of the separation on which the payment is based 
shall be required to pay, prior to the individual's first day of 
employment, the entire amount of the incentive payment to the agency 
that paid the incentive payment.
    (f) Reductions of Agency Employment Levels.--
            (1) In general.--The total number of funded employee 
        positions in an agency shall be reduced by one position for each 
        vacancy credited by the separation of any employee who has 
        received, or is due to receive, a voluntary separation incentive 
        payment under this section. For the purposes of this sub

[[Page 110 STAT. 2979]]

        section, positions shall be counted on a full-time-equivalent 
        basis.
            (2) <<NOTE: President.>>  Enforcement.--The President, 
        through the Office of Management and Budget, shall monitor each 
        agency and take any action necessary to ensure that the 
        requirements of this subsection are met.

    (g) Effective Date.--This section shall take effect October 1, 1996.
    Sec. 350. Treatment of Certain Pending Child Custody Cases in 
Superior Court of District of Columbia.--
    (a) In General.--Subchapter II of chapter 9 of title 11, District of 
Columbia Code, is amended by adding at the end the following new 
section:
``Sec. 11-925. Rules regarding certain pending child custody 
                      cases.

    ``(a) In any pending case involving custody over a minor child or 
the visitation rights of a parent of a minor child in the Superior Court 
which is described in subsection (b)--
            ``(1) at anytime after the child attains 13 years of age, 
        the party to the case who is described in subsection (b)(1) may 
        not have custody over, or visitation rights with, the child 
        without the child's consent; and
            ``(2) if any person had actual or legal custody over the 
        child or offered safe refuge to the child while the case (or 
        other actions relating to the case) was pending, the court may 
        not deprive the person of custody or visitation rights over the 
        child or otherwise impose sanctions on the person on the grounds 
        that the person had such custody or offered such refuge.

    ``(b) A case described in this subsection is a case in which--
            ``(1) the child asserts that a party to the case has been 
        sexually abusive with the child;
            ``(2) the child has resided outside of the United States for 
        not less than 24 consecutive months;
            ``(3) any of the parties to the case has denied custody or 
        visitation to another party in violation of an order of the 
        court for not less than 24 consecutive months; and
            ``(4) any of the parties to the case has lived outside of 
        the District of Columbia during such period of denial of custody 
        or visitation.''.

    (b) Clerical Amendment.--The table of sections for subchapter II of 
chapter 9 of title 11, D.C. Code, is amended by adding at the end the 
following new item:

``11-925. Rules regarding certain pending child custody cases.''.

    (c) <<NOTE: Applicability.>>  Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to cases brought in the Superior Court of the District of 
        Columbia before, on, or after the date of the enactment of this 
        Act.
            (2) Continuation of provisions until termination.--The 
        provisions of section 11-925, District of Columbia Code (as 
        added by subsection (a)), shall apply to any case described in 
        paragraph (1) until the termination of the case.

    Sec. 351. <<NOTE: 49 USC 40110 note.>>  Not later than December 31, 
1997, the Administrator of the Federal Aviation Administration shall--

[[Page 110 STAT. 2980]]

            (a) <<NOTE: Contracts.>>  take such action as may be 
        necessary to provide for an independent assessment of the 
        acquisition management system of the Federal Aviation 
        Administration that includes a review of any efforts of the 
        Administrator in promoting and encouraging the use of full and 
        open competition as the preferred method of procurement with 
        respect to any contract that involves an amount greater than 
        $50,000,000; and
            (b) <<NOTE: Reports.>>  submit to the Congress a report on 
        the findings of that independent assessment: Provided, That for 
        purposes of this section, the term ``full and open competition'' 
        has the meaning provided that term in section 4(6) of the Office 
        of Federal Procurement Policy Act (41 U.S.C. 403(6)).

    Sec. 352. 49 U.S.C. 31112 is amended by adding the following new 
subsection:
            ``(4) Nebraska may continue to allow to be operated under 
        paragraphs (b)(1) and (b)(2) of this section, the State of 
        Nebraska may allow longer combination vehicles that were not in 
        actual operation on June 1, 1991 to be operated within its 
        boundaries to transport sugar beets from the field where such 
        sugar beets are harvested to storage, market, factory or 
        stockpile or from stockpile to storage, market or factory. 
        This <<NOTE: Expiration date.>>  provision shall expire on 
        September 30, 1997.''.

    Sec. 353. (a) Section 120(c) of title 23, United States Code, is 
amended by inserting ``rail-highway crossing closure,'' after 
``carpooling and vanpooling,''.
    (b) Section 130 of such title is amended by adding at the end the 
following:
    ``(i) Incentive Payments for At-Grade Crossing Closures.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section and subject to paragraphs (2) and (3), a State may, 
        from sums available to the State under this section, make 
        incentive payments to local governments in the State upon the 
        permanent closure by such governments of public at-grade 
        railway-highway crossings under the jurisdiction of such 
        governments.
            ``(2) Incentive payments by railroads.--A State may not make 
        an incentive payment under paragraph (1) to a local government 
        with respect to the closure of a crossing unless the railroad 
        owning the tracks on which the crossing is located makes an 
        incentive payment to the government with respect to the closure.
            ``(3) Amount of state payment.--The amount of the incentive 
        payment payable to a local government by a State under paragraph 
        (1) with respect to a crossing may not exceed the lesser of--
                    ``(A) the amount of the incentive payment paid to 
                the government with respect to the crossing by the 
                railroad concerned under paragraph (2); or
                    ``(B) $7,500.
            ``(4) Use of state payments.--A local government receiving 
        an incentive payment from a State under paragraph (1) shall use 
        the amount of the incentive payment for transportation safety 
        improvements.''.

    Sec. 354. Limitation on Funds Used To Enforce Regulations Regarding 
Animal Fats and Vegetable Oils.--None of

[[Page 110 STAT. 2981]]

the funds made available in this Act may be used by the Coast Guard to 
issue, implement, or enforce a regulation or to establish an 
interpretation or guideline under the Edible Oil Regulatory Reform Act 
(Public Law 104-55) or the amendments made by that Act that does not 
recognize and provide for, with respect to fats, oils, and greases (as 
described in that Act or the amendments made by that Act) differences 
in--
            (1) physical, chemical, biological, and other relevant 
        properties; and
            (2) environmental effects.

    Sec. 355. Of the funds made available to the Federal Railroad 
Administration, up to $200,000 may be made available from the Office of 
the Administrator to establish and operate the Institute for Railroad 
Safety as authorized by the Swift Rail Development Act of 1994.
    Sec. 356. No funds appropriated under this Act shall be used to levy 
penalties prior to September 1, 1997, on the States of Maine or New 
Hampshire based on non-compliance with Federal vehicle weight 
limitations.

               TITLE IV--MISCELLANEOUS HIGHWAY PROVISIONS

    Sec. 401. Notwithstanding any other provision of law, semitrailer 
units operating in a truck tractor-semitrailer combination whose 
semitrailer unit is more than forty-eight feet in length and truck 
tractor-semitrailer-trailer combinations specified in section 
31111(b)(1) of title 49, United States Code, may not operate on United 
States Route 15 in Virginia between the Maryland border and the 
intersection with United States Route 29.
    Sec. 402. Item 30 of the table contained in section 1107(b) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 
2050), relating to Mobile, Alabama, is amended in the second column by 
inserting after ``Alabama'' the following: ``and for feasibility 
studies, preliminary engineering, and construction of a new bridge and 
approaches over the Mobile River''.
    Sec. 403. Item 94 of the table contained in section 1107(b) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 
2052), relating to St. Thomas, Virgin Islands, is amended--
            (1) by striking ``St. Thomas,''; and
            (2) by inserting after ``the island'' the following: ``of 
        St. Thomas and improvements to the VIPA Molasses Dock intermodal 
        port facility on the island of St. Croix to make the facility 
        capable of handling multiple cargo tasks''.

    Sec. 404. The funds authorized to be appropriated for highway-
railroad grade crossing separations in Mineola, New York, under the head 
``Highway-Railroad Grade Crossing Safety Demonstration Project (Highway 
Trust Fund)'' in House Report 99-976 and section 302(l) of Public Law 
99-591 are hereby also authorized to be appropriated for other grade 
crossing improvements in Nassau and Suffolk Counties in New York and 
shall be available in accordance with the terms of the original 
authoriziaton in House Report 99-976.
    Sec. 405. The Secretary of Transportation is hereby authorized to 
enter into an agreement modifying the agreement entered into pursuant to 
section 336 of the Department of Transportation and Related Agencies 
Appropriations Act, 1995 (Public Law 103-331)

[[Page 110 STAT. 2982]]

and section 356 of the Department of Transportation and Related
Agencies Appropriations Act, 1996 (Public Law 104-50) to provide an 
additional line of credit not to exceed $25,000,000, which may be used 
to replace otherwise required contingency reserves: Provided however, 
That the Secretary may only enter into such modification if it is 
supported by the amount of the original appropriation (provided by 
section 336 of Public Law 103-331). No additional appropriation is made 
by this section. In implementing this section, the Secretary may enter 
into an agreement requiring an interest rate, on both the original line 
of credit and the additional amount provided for herein, higher than 
that currently in force and higher than that specified in the original 
appropriation. An agreement entered into pursuant to this section may 
not obligate the Secretary to make any funds available until all 
remaining contingency reserves are exhausted, and in no event shall any 
funds be made available before October 1, 1998.

    Sec. 406. Public Law 100-202 is amended in the item relating to 
``Traffic Improvement Demonstration Project'' <<NOTE: 101 Stat. 1329-
369.>>  by inserting after ``project'' the following: ``or upgrade 
existing local roads''.

    Sec. 407. The amount appropriated for the Lake Shore Drive extension 
study, Whiting, Indiana, under the matter under the heading ``surface 
transportation projects'' under the heading ``FEDERAL HIGHWAY 
ADMINISTRATION'' in title I of the Department of Transportation and 
Related Agencies Appropriations Act, 1995 (Public Law 103-331; 108 Stat. 
2478), shall be made available to carry out the congestion relief 
project for the construction of a 4-lane road and overpass at 
Merrillville, Indiana, authorized by item 35 of section 1104(b) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 
102-240; 105 Stat. 2030).
    Sec. 408. Highway Safety Improvement Project, 
Michigan.--Of the amount appropriated for the highway safety improvement 
project, Michigan, under the matter under the heading ``Surface 
Transportation Projects'' under the heading ``FEDERAL HIGHWAY 
ADMINISTRATION'' in title I of the Department of Transportation and 
Related Agencies Appropriations Act, 1995 (Public Law 103-331; 108 Stat. 
2478), for the purposes of right-of-way acquisition for Baldwin Road, 
and engineering, right-of-way acquisition, and construction between 
Walton Boulevard and Dixie Highway, $2,000,000 shall be made available 
for construction of Baldwin Road.
    Sec. 409. Transfer of Funds Among Minnesota Highway Projects.--
    (a) In General.--Such portions of the amounts appropriated for the 
Minnesota highway projects described in subsection (b) that have not 
been obligated as of December 31, 1996, shall be made available to carry 
out the 34th Street Corridor Project in Moorhead, Minnesota, authorized 
by section 149(a)(5)(A)(iii) of the Surface Transportation and Uniform 
Relocation Assistance Act of 1987 (Public Law 100-17; 101 Stat. 181) (as 
amended by section 340(a) of the National Highway System Designation Act 
of 1995 (Public Law 104-59; 109 Stat. 607)).
    (b) Projects.--The Minnesota highway projects described in this 
subsection are--
            (1) the project for Saint Louis County authorized by section 
        149(a)(76) of the Surface Transportation and Uniform Reloca

[[Page 110 STAT. 2983]]

        tion Assistance Act of 1987 (Public Law 100-17; 101 Stat. 192); 
        and
            (2) the project for Nicollet County authorized by item 159 
        of section 1107(b) of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2056).

    Sec. 410. Item 52 in the table contained in section 1106(a)(2) and 
items 19 and 20 in the table contained in section 1107(b) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 
2037-2059) are each amended by inserting ``Mifflin, Fulton and 
Clearfield,'' after ``Franklin,''.
    This Act may be cited as the ``Department of Transportation and 
Related Agencies Appropriations Act, 1997''.

    Approved September 30, 1996.

LEGISLATIVE HISTORY--H.R. 3675:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 104-631 (Comm. on Appropriations) and 104-785 (Comm. 
of Conference).
SENATE REPORTS: No. 104-325 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 142 (1996):
            June 26-28, considered and passed House.
            July 30, 31, considered and passed Senate, amended.
            Sept. 18, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
            Sept. 30, Presidential statement.

                                  <all>