[105th Congress Public Law 66]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ66.105]
[[Page 111 STAT. 1425]]
Public Law 105-66
105th Congress
An Act
Making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 1998, and for other
purposes. <<NOTE: Oct. 27, 1997 - [H.R. 2169]>>
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, 1998.>> That
the following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the Department of Transportation and
related agencies for the fiscal year ending September 30, 1998, and for
other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Salaries and Expenses
For necessary expenses of the Office of the Secretary, $61,000,000,
of which not to exceed $40,000 shall be available as the Secretary may
determine for allocation within the Department for official reception
and representation expenses: Provided, That notwithstanding any other
provision of law, there may be credited to this appropriation up to
$1,000,000 in funds received in user fees: Provided further, That none
of the funds appropriated in this Act or otherwise made available may be
used to maintain custody of airline tariffs that are already available
for public and departmental access at no cost; to secure them against
detection, alteration, or tampering; and open to inspection by the
Department.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $5,574,000.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation planning,
research, systems development, and development activities, to remain
available until expended, $4,400,000.
Transportation Administrative Service Center
Necessary expenses for operating costs and capital outlays of the
Transportation Administrative Service Center, not to exceed
$121,800,000, shall be paid from appropriations made available to the
Department of Transportation: Provided, That such services
[[Page 111 STAT. 1426]]
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
(rescission of contract authorization)
(airport and airway trust fund)
Of the budgetary resources provided for ``Small Community Air
Service'' by Public Law 101-508, for fiscal year 1998, $38,600,000 are
rescinded.
Minority Business Resource Center Program
For the cost of direct loans, $1,500,000, as authorized by 49 U.S.C.
332: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal amount of
direct loans not to exceed $15,000,000. In addition, for administrative
expenses to carry out the direct loan program, $400,000.
Minority Business Outreach
For necessary expenses of Minority Business Resource Center outreach
activities, $2,900,000, of which $2,635,000 shall remain available until
September 30, 1999: Provided, That notwithstanding 49 U.S.C. 332, these
funds may be used for business opportunities related to any mode of
transportation.
COAST GUARD
Operating Expenses
(including transfer of funds)
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase of not to exceed five
passenger motor vehicles for replacement only; payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and
recreation and welfare; $2,715,400,000, of which $300,000,000 shall be
available for defense-related activities and $25,000,000 shall be
derived from the Oil Spill Liability Trust Fund: Provided, <<NOTE: 14
USC 92 note.>> That the number of aircraft on hand at any one time
shall not exceed 212, exclusive of aircraft and parts stored to meet
future attrition: Provided further, That none of the funds
[[Page 111 STAT. 1427]]
appropriated in this or any other Act shall be available for pay or
administrative expenses in connection with shipping commissioners in the
United States: Provided further, That none of the funds provided in this
Act shall be available for expenses incurred for yacht documentation
under 46 U.S.C. 12109, except to the extent fees are collected from
yacht owners and credited to this appropriation: Provided further, That
the Commandant shall reduce both military and civilian employment levels
for the purpose of complying with Executive Order No. 12839: Provided
further, <<NOTE: Certification.>> That $34,300,000 of the funds
provided under this heading for increased drug interdiction activities
are not available for obligation until the Director, Office of National
Drug Control Policy: (1) reviews the specific activities and associated
costs and benefits proposed by the Coast Guard; (2) compares those
activities to other drug interdiction efforts Government-wide; and (3)
certifies, in writing, to the House and Senate Committees on
Appropriations that such expenditures represent the best investment
relative to other options: Provided further, That should the Director,
Office of National Drug Control Policy decline to make such
certification, after notification in writing to the House and Senate
Committees on Appropriations, the Director may transfer, at his
discretion, up to $34,300,000 of funds provided herein for Coast Guard
drug interdiction activities to any other entity of the Federal
Government for drug interdiction activities: Provided further, That up
to $615,000 in user fees
collected pursuant to section 1111 of Public Law 104-324 shall be
credited to this appropriation as offsetting collections in fiscal year
1998.
Acquisition, Construction, and Improvements
For necessary expenses of acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto, $397,850,000, of which
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund; of
which $212,100,000 shall be available to acquire, repair, renovate or
improve vessels, small boats and related equipment, to remain available
until September 30, 2002; $25,800,000 shall be available to acquire new
aircraft and increase aviation capability, to remain available until
September 30, 2000; $44,650,000 shall be available for other equipment,
to remain available until September 30, 2000; $68,300,000 shall be
available for shore facilities and aids to navigation facilities, to
remain available until September 30, 2000; and $47,000,000 shall be
available for personnel compensation and benefits and related costs, to
remain available until September 30, 1999: Provided, That funds received
from the sale of HU-25 aircraft shall be credited to this appropriation
for the purpose of acquiring new aircraft and increasing
aviation capacity: Provided further, That the Commandant may dispose of
surplus real property by sale or lease and the proceeds shall be
credited to this appropriation, of which not more than $9,000,000 shall
be credited as offsetting collections to this account, to be available
for the purposes of this account: Provided further, That the amount
herein appropriated from the General Fund shall be reduced by such
amount: Provided further, That any proceeds from the sale or lease of
Coast Guard surplus real property in excess of $9,000,000 shall be
retained and remain available until expended, but shall not be available
for obligation until October
[[Page 111 STAT. 1428]]
1, 1998: Provided further, That the Secretary, acting through the
Commandant, may enter into a long-term Use Agreement with the City of
Unalaska for dedicated pier space on the municipal dock necessary to
support Coast Guard enforcement vessels when such vessels call on the
Port of Dutch Harbor, Alaska.
Environmental Compliance and Restoration
For necessary expenses to carry out the Coast Guard's environmental
compliance and restoration functions under chapter 19 of title 14,
United States Code, $21,000,000, to remain available until expended.
Alteration of Bridges
For necessary expenses for alteration or removal of obstructive
bridges, $17,000,000, to remain available until expended.
Retired Pay
For retired pay, including the payment of obligations therefor
otherwise chargeable to lapsed appropriations for this purpose, and
payments under the Retired Serviceman's Family Protection and Survivor
Benefits Plans, and for payments for medical care of retired personnel
and their dependents under the Dependents Medical Care Act (10 U.S.C.
ch. 55); $653,196,000.
Reserve Training
(including transfer of funds)
For all necessary expenses of the Coast Guard Reserve, as authorized
by law; maintenance and operation of facilities; and supplies,
equipment, and services; $67,000,000: Provided, That no more than
$20,000,000 of funds made available under this heading may be
transferred to Coast Guard ``Operating expenses'' or otherwise made
available to reimburse the Coast Guard for financial support of the
Coast Guard Reserve.
Research, Development, Test, and Evaluation
For necessary expenses, not otherwise provided for, for applied
scientific research, development, test, and evaluation; maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law, $19,000,000, to remain available until expended, of
which $3,500,000 shall be derived from the Oil Spill Liability Trust
Fund: Provided, That there may be credited to this appropriation funds
received from State and local governments, other public authorities,
private sources, and foreign countries, for expenses incurred for
research, development, testing, and evaluation.
Boat Safety
(aquatic resources trust fund)
For payment of necessary expenses incurred for recreational boating
safety assistance under Public Law 92-75, as amended, $35,000,000, to be
derived from the Boat Safety Account and to remain available until
expended.
[[Page 111 STAT. 1429]]
FEDERAL AVIATION ADMINISTRATION
Operations
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities and
the operation (including leasing) and maintenance of aircraft, and
carrying out the provisions of subchapter I of chapter 471 of title 49,
United States Code, or other provisions of law authorizing the
obligation of funds for similar programs of airport and airway
development or improvement, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made available by
Public Law 104-264, $5,301,934,000, of which $1,901,628,000 shall be
derived from the Airport and Airway Trust Fund: Provided, That none of
the funds in this Act shall be available for the Federal Aviation
Administration to plan, finalize, or implement any regulation that would
promulgate new aviation user fees not specifically authorized by law
after the date of enactment of this Act: Provided further, That there
may be credited to this appropriation funds received from States,
counties, municipalities, foreign authorities, other public authorities,
and private sources, for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, That funds may be used to
enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be available
for new applicants for the second career training program: Provided
further, That none of the funds in this Act shall be available for
paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation
Administration employee unless such employee actually performed work
during the time corresponding to such premium pay: Provided further,
That none of the funds in this Act may be obligated or expended to
operate a manned auxiliary flight service station in the contiguous
United States: Provided further, That none of the funds derived from the
Airport and Airway Trust Fund may be used to support the operations and
activities of the Associate Administrator for Commercial Space
Transportation: Provided further, That up to $5,000 of funds
appropriated under this heading may be used for activities under the
Aircraft Purchase Loan Guarantee Program.
Facilities and Equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, and improvement by contract or purchase, and hire of air
navigation and experimental facilities and equipment as authorized under
part A of subtitle VII of title 49, United States Code, including
initial acquisition of necessary sites by lease or grant; engineering
and service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
[[Page 111 STAT. 1430]]
and construction and furnishing of quarters and related accommodations
for officers and employees of the Federal Aviation Administration
stationed at remote localities where such accommodations are not
available; and the purchase, lease, or transfer of aircraft from funds
available under this head; to be derived from the Airport and Airway
Trust Fund, $1,875,477,000, of which $1,656,367,000 shall remain
available until September 30, 2000, and of which $219,110,000 shall
remain available until September 30, 1998: Provided, That there may be
credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred in the establishment and modernization of air
navigation facilities.
Research, Engineering, and Development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$199,183,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2000: Provided, That there may
be credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred for research, engineering, and development: Provided
further, That none of the funds in this Act may be obligated or expended
for the ``Flight 2000'' Program.
Grants-in-Aid for Airports
(liquidation of contract authorization)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and for noise compatibility planning
and programs as authorized under subchapter I of chapter 471 and
subchapter I of chapter 475 of title 49, United States Code, and under
other law authorizing such obligations, $1,600,000,000, to be derived
from the Airport and Airway Trust Fund and to remain available until
expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the obligations for
which are in excess of $1,700,000,000 in fiscal year 1998 for grants-in-
aid for airport planning and
development, and noise compatibility planning and programs,
notwithstanding section 47117(h) of title 49, United States Code:
Provided further, That discretionary funds available for noise planning
and mitigation shall not exceed $200,000,000 and discretionary funds
available for the military airport program shall not exceed $26,000,000.
[[Page 111 STAT. 1431]]
Grants-in-Aid For Airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the unobligated balances authorized under 49 U.S.C. 48103 as
amended, $412,000,000 are rescinded.
Aviation Insurance Revolving Fund
The Secretary of Transportation is hereby authorized to make such
expenditures and investments, within the limits of funds available
pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the
Government Corporation Control Act, as amended (31 U.S.C. 9104), as may
be necessary in carrying out the program for aviation insurance
activities under chapter 443 of title 49, United States Code.
Aircraft Purchase Loan Guarantee Program
Except <<NOTE: 49 USC 40113 note.>> as specifically provided
elsewhere in this Act, none of the funds in this Act shall be available
for activities under this heading during fiscal year 1998.
FEDERAL HIGHWAY ADMINISTRATION
Limitation on General Operating Expenses
Necessary expenses for administration, operation, including motor
carrier safety program operations, and research of the Federal Highway
Administration not to exceed $552,266,000 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
$241,708,000 of the amount provided herein shall remain available until
September 30, 2000.
Appalachian Development Highway System
For carrying out the provisions of section 1069(y) of Public Law
102-240, relating to construction of, and improvements to, corridors of
the Appalachian Development Highway System, $300,000,000 to remain
available until expended: Provided, That none of the funds provided
under this heading shall be available for engineering, design, right-of-
way acquisition, or major construction of the Appalachian Development
Highway System between I-81 in Virginia and the community of
Wardensville, West Virginia.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be
available for the implementation or execution of programs the
obligations for which are in excess of $21,500,000,000 for Federal-aid
highways and highway safety construction programs for fiscal year 1998.
[[Page 111 STAT. 1432]]
Federal-Aid Highways
(liquidation of contract authorization)
(highway trust fund)
For carrying out the provisions of title 23, United States Code,
that are attributable to Federal-aid highways, including the National
Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not
otherwise provided, including reimbursements for sums expended pursuant
to the provisions of 23 U.S.C. 308, $20,800,000,000 or so much thereof
as may be available in and derived from the Highway Trust Fund, to
remain available until expended.
Right-of-Way Revolving Fund
(limitation on direct loans)
(highway trust fund)
None of the funds under this heading are available for obligations
for right-of-way acquisition during fiscal year 1998.
Motor Carrier Safety Grants
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C. 31102,
$85,000,000, to be derived from the Highway Trust Fund and to remain
available until expended: Provided, That none of the funds in this Act
shall be available for the implementation or execution of programs the
obligations for which are in excess of $84,825,000 for ``Motor Carrier
Safety Grants''.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Operations and Research
For expenses necessary to discharge the functions of the
Secretary with respect to traffic and highway safety under part C of
subtitle VI of title 49, United States Code, and chapter 301 of title
49, United States Code, $74,901,000, of which $40,674,000 shall remain
available until September 30, 2000: Provided, That none of the funds
appropriated by this Act may be obligated or expended to plan, finalize,
or implement any rulemaking to add to section 575.104 of title 49 of the
Code of Federal Regulations any requirement pertaining to a grading
standard that is different from the three grading standards (treadwear,
traction, and temperature resistance) already in effect.
Operations and Research
(highway trust fund)
For expenses necessary to discharge the functions of the
Secretary with respect to traffic and highway safety under 23
[[Page 111 STAT. 1433]]
U.S.C. 403 and section 2006 of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240), to be derived from the
Highway Trust Fund, $72,061,000, of which $49,520,000 shall remain
available until September 30, 2000.
Highway Traffic Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred carrying out the provisions of
23 U.S.C. 153, 402, 408, and 410, and chapter 303 of title 49, United
States Code, to remain available until expended, $186,000,000, to be
derived from the Highway Trust Fund: Provided, That, notwithstanding
subsection 2009(b) of the Intermodal Surface Transportation Efficiency
Act of 1991, none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for which, in
fiscal year 1998, are in excess of $186,500,000 for programs authorized
under 23 U.S.C. 402, 410, and chapter 303 of title 49, United States
Code, of which $149,700,000 shall be for ``State and community highway
safety grants'', $2,300,000 shall be for the ``National Driver
Register'', and $34,500,000 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
$5,268,000 of the funds made available for section 402 may be available
for administering ``State and community highway safety grants'':
Provided further, That not to exceed $150,000 of the funds made
available for section 402 may be available for administering the highway
safety grants authorized by section 1003(a)(7) of Public Law 102-240:
Provided further, That not to exceed $500,000 of the funds made
available for section 410 ``Alcohol-impaired driving counter-measures
programs'' shall be available for technical assistance to the States.
FEDERAL RAILROAD ADMINISTRATION
Office of the Administrator
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $20,290,000, of which $1,389,000 shall remain
available until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of a program making
commitments to guarantee new loans under the Emergency Rail Services Act
of 1970, as amended, and no new commitments to guarantee loans under
section 211(a) or 211(h) of the Regional Rail Reorganization Act of
1973, as amended, shall be made: Provided further, <<NOTE: 40 USC 817
note.>> 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
[[Page 111 STAT. 1434]]
receive such payments directly from the Union Station Redevelopment
Corporation, credit them to the appropriation charged for the first deed
of trust, and make payments on the first deed of trust with those funds:
Provided further, That such additional sums as may be necessary for
payment on the first deed of trust may be advanced by the Administrator
from unobligated balances
available to the Federal Railroad Administration, to be reimbursed from
payments received from the Union Station Redevelopment Corporation.
Railroad Safety
For necessary expenses in connection with railroad safety, not
otherwise provided for, $57,067,000, of which $5,511,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated under this heading are available
for the reimbursement of out-of-state travel and per diem costs incurred
by employees of State governments directly supporting the Federal
railroad safety program, including regulatory development and
compliance-related activities.
Railroad Research and Development
For necessary expenses for railroad research and development,
$20,758,000, to remain available until expended.
Northeast Corridor Improvement Program
For necessary expenses related to Northeast Corridor improvements
authorized by title VII of the Railroad Revitalization and Regulatory
Reform Act of 1976, as amended (45 U.S.C. 851 et seq.) and 49 U.S.C.
24909, $250,000,000, to remain available until September 30, 2000, of
which $12,000,000 shall be for the
Pennsylvania Station Redevelopment Project.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to section
512 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210), as amended, in such amounts and at such times as
may be necessary to pay any amounts required pursuant to the guarantee
of the principal amount of obligations under sections 511 through 513 of
such Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That no new loan guarantee
commitments shall be made during fiscal year 1998.
Next Generation High-Speed Rail
For necessary expenses for Next Generation High-Speed Rail studies,
corridor planning, development, demonstration, and implementation,
$20,395,000, to remain available until expended: Provided, That funds
under this heading may be made available for grants to States for high-
speed rail corridor design, feasibility studies, environmental analyses,
and track and signal improvements.
[[Page 111 STAT. 1435]]
Alaska Railroad Rehabilitation
To enable the Secretary of Transportation to make grants to the
Alaska Railroad, $15,280,000 shall be for capital rehabilitation and
improvements benefiting its passenger operations.
Rhode Island Rail Development
For the costs associated with construction of a third track on the
Northeast Corridor between Davisville and Central Falls, Rhode Island,
with sufficient clearance to accommodate double stack freight cars,
$10,000,000, to be matched by the State of Rhode Island or its designee
on a dollar-for-dollar basis and to remain available until expended:
Provided, <<NOTE: Contracts.>> That as a condition of accepting such
funds, the Providence and Worcester (P&W) Railroad shall enter into an
agreement with the Secretary to reimburse Amtrak and/or the Federal
Railroad Administration, on a dollar-for-dollar basis, up to the first
$23,000,000 in damages resulting from the legal action initiated by the
P&W Railroad under its existing contracts with Amtrak relating to the
provision of vertical clearances between Davisville and Central Falls in
excess of those required for present freight operations.
Grants to the National Railroad Passenger Corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation authorized by 49 U.S.C. 24104,
$543,000,000, to remain available until expended, of which $344,000,000
shall be available for operating losses, and $199,000,000 shall be for
capital improvements: Provided, That if Amtrak reform legislation as
required by section 977(f) of the Taxpayer Relief Act of 1997 is enacted
into law prior to the distribution by the Secretary of any of the funds
appropriated above for capital improvements, then the portion of this
appropriation made available for capital improvements shall not be
available for
obligation and the Secretary shall not transfer any of the funds
appropriated under this heading for capital improvements to Amtrak:
Provided further, That in the event Amtrak reform legislation required
by section 977(f) of the Taxpayer Relief Act of 1997 is enacted into law
after the distribution of some or all of the funds appropriated under
this account for capital improvements are transferred by the Secretary
to Amtrak, then the Secretary of the Treasury shall reduce the amount
refunded to Amtrak under section 977 of the Taxpayer Relief Act of 1997
by an amount equal to the funds distributed to Amtrak under this heading
for capital improvements and the portion of this appropriation made
available for capital improvements shall not be available for obligation
and no additional funds appropriated under this heading shall be
transferred by the Secretary to Amtrak for capital improvements:
Provided further, That none of the funds provided for capital
improvements may be transferred to operating losses to pay for debt
service interest unless specifically authorized by law after the date of
enactment of this Act: Provided further, That the incurring of any
obligation or commitment by the Corporation for the purchase of capital
improvements with funds appropriated herein which is prohibited by this
Act shall be deemed a violation of 31 U.S.C. 1341: Provided further,
That funding under this heading for capital improvements shall not be
made available before July
[[Page 111 STAT. 1436]]
1, 1998: Provided further, That none of the funds herein appropriated
shall be used for lease or purchase of passenger motor vehicles or for
the hire of vehicle operators for any officer or employee, other than
the president of the Corporation, excluding the lease of passenger motor
vehicles for those officers or employees while in official travel
status.
FEDERAL TRANSIT ADMINISTRATION
Administrative Expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $45,738,000: Provided, That none of the funds in this Act
shall be available for the execution of contracts under section 5327(c)
of title 49, United States Code, in an aggregate amount that exceeds
$15,000,000.
Formula Grants
For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2),
5311, and 5336, to remain available until expended, $240,000,000:
Provided, That no more than $2,500,000,000 of budget authority shall be
available for these purposes: Provided further, That of the funds
provided under this heading for formula grants, no more than
$150,000,000 may be used for operating assistance under 49 U.S.C.
5336(d): Provided further, That the limitation on operating assistance
provided under this heading shall, for urbanized areas of less than
200,000 in population, be no less than 75 percent of the amount of
operating assistance such areas are eligible to receive under Public Law
103-331: Provided further, That in the distribution of the limitation
provided under this heading to urbanized areas that had a population
under the 1990 census of 1,000,000 or more, the Secretary shall direct
each such area to give priority consideration to the impact of
reductions in operating assistance on smaller transit authorities
operating within the area and to consider the needs and resources of
such transit authorities when the limitation is distributed among all
transit authorities operating in the area.
University Transportation Centers
For necessary expenses for university transportation centers as
authorized by 49 U.S.C. 5317(b), to remain available until expended,
$6,000,000.
Transit Planning and Research
For necessary expenses for transit planning and research as
authorized by 49 U.S.C. 5303, 5311, 5313, 5314, and 5315, to remain
available until expended, $92,000,000, of which $39,500,000 shall be for
activities under Metropolitan Planning (49 U.S.C. 5303); $4,500,000 for
activities under Rural Transit Assistance (49 U.S.C. 5311(b)(2));
$8,250,000 for activities under State Planning and Research (49 U.S.C.
5313(b)); $36,750,000 for activities including National Planning and
Research (49 U.S.C. 5314 and 5313(a)); and $3,000,000 for National
Transit Institute (49 U.S.C. 5315).
[[Page 111 STAT. 1437]]
Trust Fund Share of Expenses
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C.
5338(a), $2,210,000,000, to remain available until expended and to be
derived from the Highway Trust Fund: Provided, That $2,210,000,000 shall
be paid from the Mass Transit Account of the Highway Trust Fund to the
Federal Transit Administration's formula grants account.
Discretionary Grants
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs the obligations for which are in
excess of $2,000,000,000 in fiscal year 1998 for grants under the
contract authority in 49 U.S.C. 5338(b): Provided, That there shall be
available for fixed guideway modernization, $800,000,000; there shall be
available for the replacement, rehabilitation, and purchase of buses and
related equipment and the construction of bus-related facilities,
$400,000,000; and there shall be available for new fixed guideway
systems $800,000,000, to be available as follows:
$44,600,000 for the Atlanta-North Springs project;
$1,000,000 for the Austin Capital metro project;
$46,250,000 for the Boston Piers MOS-2 project;
$1,000,000 for the Boston urban ring project;
$5,000,000 for the Burlington-Essex, Vermont commuter rail
project;
$2,000,000 for the Canton-Akron-Cleveland commuter rail
project;
$1,500,000 for the Charleston monobeam rail project;
$1,000,000 for the Charlotte South corridor transitway
project;
$500,000 for the Cincinnati Northeast/Northern Kentucky rail
line project;
$5,000,000 for the Clark County, Nevada fixed guideway
project;
$800,000 for the Cleveland Blue Line extension to Highland
Hills project;
$700,000 for the Cleveland Berea Red Line extension to
Hopkins International Airport;
$1,000,000 for the Cleveland Waterfront Line extension
project;
$8,000,000 for the Dallas-Fort Worth RAILTRAN project;
$11,000,000 for the DART North Central light rail extension
project;
$1,000,000 for the DeKalb County, Georgia light rail
project;
$23,000,000 for the Denver Southwest Corridor project;
$20,000,000 for the New York East Side access project;
$8,000,000 for the Florida Tri-County commuter rail project;
[[Page 111 STAT. 1438]]
$2,000,000 for the Galveston, Texas rail trolley system
project;
$1,000,000 for the Houston Advanced Regional Bus project;
$51,100,000 for the Houston Regional Bus project;
$1,250,000 for the Indianapolis Northeast corridor project;
$3,000,000 for the Jackson, Mississippi intermodal corridor
project;
$61,500,000 for the Los Angeles MOS-3 project;
$31,000,000 for MARC commuter rail improvements;
$1,000,000 for the Memphis, Tennessee regional rail project;
$5,000,000 for the Metro-Dade Transit east-west corridor
project;
$5,000,000 for the Miami-North 27th Avenue project;
$1,000,000 for the Mission Valley East corridor project;
$500,000 for the Nassau Hub rail link EIS project;
$60,000,000 for the New Jersey Hudson-Bergen LRT project;
$27,000,000 for the New Jersey Secaucus project;
$6,000,000 for the New Orleans Canal Street corridor
project;
$2,000,000 for the New Orleans Desire Streetcar project;
$12,000,000 for the North Carolina Research Triangle Park
project;
$4,000,000 for the Northern Indiana South Shore commuter
rail project;
$3,000,000 for the Oceanside-Escondido light rail project;
$1,600,000 for the Oklahoma City MAPS corridor transit
project;
$2,000,000 for the Orange County transitway project;
$31,800,000 for the Orlando Lynx light rail project;
$500,000 for the Pennsylvania Strawberry Hill/Diamond Branch
rail project;
$4,000,000 for the Phoenix metropolitan area transit
project;
$5,000,000 for the Pittsburgh airport busway project;
$63,400,000 for the Portland-Westside/Hillsboro project;
$2,000,000 for the Roaring Fork Valley rail project;
$20,300,000 for the Sacramento LRT project;
$63,400,000 for the Salt Lake City South LRT project;
$4,000,000 for the Salt Lake City regional commuter system
project;
$1,000,000 for the San Bernardino Metrolink project;
$1,500,000 for the San Diego Mid-Coast corridor project;
$29,900,000 for the San Francisco BART extension to the
airport project;
$15,000,000 for the San Juan Tren Urbano;
$21,400,000 for the San Jose Tasman LRT project;
$18,000,000 for the Seattle-Tacoma light rail and commuter
rail projects;
$30,000,000 for the St. Louis-St. Clair LRT extension
project;
$2,500,000 for the St. George Ferry terminal project;
$500,000 for the Springfield-Branson, Missouri commuter rail
project;
$1,000,000 for the Tampa Bay regional rail project;
$2,000,000 for the Tidewater, Virginia rail project;
[[Page 111 STAT. 1439]]
$1,000,000 for the Toledo, Ohio rail project;
$12,000,000 for the Twin Cities transitways projects;
$2,000,000 for the Virginia Rail Express Fredericksburg to
Washington commuter rail project;
$2,500,000 for the Whitehall ferry terminal project; and
$3,000,000 for the Wisconsin central commuter rail project.
Mass Transit Capital Fund
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C.
5338(b) administered by the Federal Transit Administration,
$2,350,000,000, to be derived from the Highway Trust Fund and to remain
available until expended.
Washington Metropolitan Area Transit Authority
For necessary expenses to carry out 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 by the
Saint Lawrence Seaway Development Corporation, including the Great Lakes
Pilotage functions delegated by the Secretary of Transportation,
$11,200,000, to be derived from the Harbor Maintenance Trust Fund,
pursuant to Public Law 99-662.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
Research and Special Programs
For expenses necessary to discharge the functions of the Research
and Special Programs Administration, $28,450,000, of which $574,000
shall be derived from the Pipeline Safety Fund, and of which $4,950,000
shall remain available until September 30, 2000: Provided, That up to
$1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited
in the general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public
[[Page 111 STAT. 1440]]
authorities, and private sources for expenses incurred for training, for
reports publication and dissemination, and for travel expenses incurred
in performance of hazardous materials exemptions and approvals
functions.
Pipeline Safety
(pipeline safety fund)
(oilspill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990, $31,300,000,
of which $3,300,000 shall be derived from the Oil Spill Liability Trust
Fund and shall remain available until September 30, 2000; and of which
$28,000,000 shall be derived from the Pipeline Safety Fund, of which
$14,839,000 shall remain available until September 30, 2000: Provided,
That in addition to amounts made available for the Pipeline Safety Fund,
$1,100,000 shall be available for grants to States for the development
and establishment of one-call notification systems and shall be derived
from amounts previously collected under 49 U.S.C. 60301, and that an
additional $365,000 in amounts previously collected under 49 U.S.C.
60301 is available to conduct general functions of the pipeline safety
program.
Emergency Preparedness Grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2000: Provided, That none of the funds made
available by 49 U.S.C. 5116(i) and 5127(d) shall be made available for
obligation by individuals other than the Secretary of Transportation, or
his designee.
OFFICE OF INSPECTOR GENERAL
Salaries and Expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$42,000,000: Provided, That none of the funds under this heading shall
be for the conduct of contract audits.
SURFACE TRANSPORTATION BOARD
Salaries and Expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $13,853,000: Provided,
That $2,000,000 in fees collected in fiscal year 1998 by the Surface
Transportation Board pursuant to 31 U.S.C. 9701 shall be made available
to this appropriation in fiscal year 1998: Provided further, That any
fees received in excess of $2,000,000 in fiscal
[[Page 111 STAT. 1441]]
year 1998 shall remain available until expended, but shall not be
available for obligation until October 1, 1998.
TITLE II
RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
Salaries and Expenses
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $3,640,000: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.
NATIONAL TRANSPORTATION SAFETY BOARD
Salaries and Expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-18; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$48,371,000, of which not to exceed $2,000 may be used for official
reception and representation expenses.
Emergency Fund
For necessary expenses of the National Transportation Safety Board
for accident investigations, including hire of passenger motor vehicles
and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for a
GS-18; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901-5902), $1,000,000, to remain available until expended.
TITLE III
GENERAL PROVISIONS
(including transfers of funds)
Sec. 301. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 302. Such sums as may be necessary for fiscal year 1998 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 303. <<NOTE: 49 USC 106 note.>> Funds appropriated under this
Act for expenditures by the Federal Aviation Administration shall be
available: (1) except
[[Page 111 STAT. 1442]]
as otherwise authorized by title VIII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7701 et seq.) for expenses of primary
and secondary schooling for dependents of Federal Aviation
Administration personnel stationed outside the continental United States
at costs for any given area not in excess of those of the Department of
Defense for the same area, when it is determined by the Secretary that
the schools, if any, available in the locality are unable to provide
adequately for the education of such dependents; and (2) for
transportation of said dependents between schools serving the area that
they attend and their places of
residence when the Secretary, under such regulations as may be
prescribed, determines that such schools are not accessible by public
means of transportation on a regular basis.
Sec. 304. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 305. None of the funds in this Act shall be available for
salaries and expenses of more than 107 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 1998, the
Secretary of Transportation shall distribute the obligation limitation
for Federal-aid
highways by allocation in the ratio which sums authorized to be
appropriated for Federal-aid highways that are apportioned or allocated
to each State for such fiscal year bear to the total of the sums
authorized to be appropriated for Federal-aid highways that are
apportioned or allocated to all the States for such fiscal year.
(b) During the period October 1 through December 31, 1997, no State
shall obligate more than 25 percent of the amount distributed to such
State under subsection (a), and the total of all State
[[Page 111 STAT. 1443]]
obligations during such period shall not exceed 12 percent of the total
amount distributed to all States under such subsection.
(c) Notwithstanding subsections (a) and (b), the Secretary shall--
(1) provide all States with authority sufficient to prevent
lapses of sums authorized to be appropriated for Federal-aid
highways that have been apportioned to a State;
(2) after August 1, 1998, revise a distribution of the funds
made available under subsection (a) if a State will not obligate
the amount distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in
addition to those previously distributed during that fiscal year
giving priority to those States having large unobligated
balances of funds apportioned under sections 103(e)(4), 104,
144, and 160 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, the Truman-Hobbs bridges funded under the discretionary
bridge 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 heading
``Federal-Aid Highways'' in this Act.
(d) During the period October 1 through December 31, 1997, the
aggregate amount of obligations under section 157 of title 23, United
States Code, for projects covered under section 147 of the Surface
Transportation Assistance Act of 1978, section 9 of the Federal-Aid
Highway Act of 1981, sections 131(b), 131(j), and 404 of Public Law 97-
424, sections 1061, 1103-1108, 4008, 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) Notwithstanding any other provision of law, none of the funds in
this Act shall be available for the distribution of bonus limitation
under the Federal-aid highways program.
Sec. 311. <<NOTE: 49 USC 5338 note.>> The limitations on
obligations for the programs of the Federal Transit Administration shall
not apply to any authority under 49 U.S.C. 5338, previously made
available for obligation, or to any other authority previously made
available for obligation under the discretionary grants program.
Sec. 312. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 313. None of the funds in this Act shall be available to plan,
finalize, or implement regulations that would establish a vessel traffic
safety fairway less than five miles wide between the Santa Barbara
Traffic Separation Scheme and the San Francisco Traffic Separation
Scheme.
Sec. 314. <<NOTE: 49 USC 44502.>> 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
[[Page 111 STAT. 1444]]
equipment) which conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal
airport-aid program, airport development aid program or airport
improvement program grant. The FAA shall accept such equipment, which
shall thereafter be operated and maintained by the FAA in accordance
with agency criteria.
Sec. 315. None of the funds in this Act shall be available to award
a multiyear contract for production end items that: (1) includes
economic order quantity or long lead time material procurement in excess
of $10,000,000 in any one year of the contract; or (2) includes a
cancellation charge greater than $10,000,000 which at the time of
obligation has not been appropriated to the limits of the Government's
liability; or (3) includes a requirement that permits performance under
the contract during the second and subsequent years of the contract
without conditioning such performance upon the appropriation of funds:
Provided, That this limitation does not apply to a contract in which the
Federal Government incurs no financial liability from not buying
additional systems, subsystems, or components beyond the basic contract
requirements.
Sec. 316. For the purposes of funds made available under the heading
``Formula Grants'', the term ``Capital Project'' includes a project
for--
(A)(i) acquisition, construction, supervision, or inspection
of a facility or equipment, including inspection thereof, for
use in mass transportation; and
(ii) expenses incidental to the acquisition or construction
(including designing, engineering, location survey, mapping,
acquiring rights-of-way, associated pre-revenue startup costs,
and environmental mitigation), payments for rail trackage
rights, intelligent transportation systems, relocation
assistance, acquiring replacement housing sites, and acquiring,
constructing, relocating, and rehabilitating replacement
housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance; and
(F) financing the operating costs of equipment and
facilities used in mass transportation in urbanized areas with a
population of less than 200,000.
Sec. 317. Notwithstanding any other provision of law, and except for
fixed guideway modernization projects, funds made
available by this Act under ``Federal Transit Administration,
Discretionary grants'' for projects specified in this Act or identified
in reports accompanying this Act not obligated by September 30, 2000,
shall be made available for other projects under 49 U.S.C. 5309.
Sec. 318. Notwithstanding any other provision of law, any funds
appropriated before October 1, 1993, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 319. None of the funds in this Act may be used to
compensate in excess of 350 technical staff-years under the federally
funded research and development center contract between the Federal
Aviation Administration and the Center for Advanced Aviation Systems
Development during fiscal year 1998.
Sec. 320. Funds provided in this Act for the Transportation
Administrative Service Center (TASC) shall be reduced by
[[Page 111 STAT. 1445]]
$3,000,000, which limits fiscal year 1998 TASC obligational authority
for elements of the Department of Transportation funded in this Act to
no more than $118,800,000: Provided, That such reductions from the
budget request shall be allocated by the Department of Transportation to
each appropriations account in proportion to the amount included in each
account for the Transportation Administrative Service Center.
Sec. 321. 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. 322. 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. 323. None of the funds in this Act may be used for planning,
engineering, design, or construction of a sixth runway at the Denver
International Airport, Denver, Colorado: Provided, That this provision
shall not apply in any case where the Administrator of the Federal
Aviation Administration determines, in
writing, that safety conditions warrant obligation of such funds:
Provided further, That funds may be used for activities related to
planning or analysis of airport noise issues related to the sixth runway
project.
Sec. 324. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall not be subject
to the obligation limitation for Federal-aid highways and highway safety
construction.
Sec. 325. None of the funds in this Act may be obligated or expended
for employee training which: (1) does not meet identified needs for
knowledge, skills and abilities bearing directly upon the performance of
official duties; (2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants; (3)
does not require prior employee notification of the content and methods
to be used in the training and written end of course evaluations; (4)
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; (5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the workplace; or (6)
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.
[[Page 111 STAT. 1446]]
Sec. 326. None of the funds in this Act shall, in the absence of
express authorization by Congress, be used directly or indirectly to pay
for any personal service, advertisement, telegram, telephone, letter,
printed or written matter, or other device, intended or designed to
influence in any manner a Member of Congress, to favor or oppose, by
vote or otherwise, any legislation or appropriation by Congress, whether
before or after the introduction of any bill or resolution proposing
such legislation or appropriation: Provided, That this shall not prevent
officers or employees of the Department of Transportation or related
agencies funded in this Act from communicating to Members of Congress on
the request of any Member or to Congress, through the proper official
channels, requests for legislation or appropriations which they deem
necessary for the efficient conduct of the public business.
Sec. 327. None of the funds in this Act may be used to support
Federal Transit Administration's field operations and oversight of the
Washington Metropolitan Area Transit Authority in any location other
than from the Washington, D.C. metropolitan area.
Sec. 328. Not to exceed $1,000,000 of the funds provided in this Act
for the Department of Transportation shall be available for the
necessary expenses of advisory committees.
Sec. 329. 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. 330. No funds other than those appropriated to the Surface
Transportation Board or fees collected by the Board shall be used for
conducting the activities of the Board.
Sec. 331. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of American-made equipment and
products.--In the case of any equipment or product that may be
authorized to be purchased with financial assistance provided
using funds made available in this Act, it is the sense of the
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment
and products to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each Federal agency shall provide to each recipient of
the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely
Labeling Products as Made in America.--If it has been finally determined
by a court or Federal agency that any person intentionally affixed a
label bearing a ``Made in America'' inscription, or any inscription with
the same meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described
[[Page 111 STAT. 1447]]
in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 332. 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. 333. 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. 334. 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. 335. <<NOTE: Alaska.>> 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. 336. Notwithstanding 49 U.S.C. 41742, no essential air service
shall be provided to communities in the 48 contiguous States that are
located fewer than 70 highway miles from the nearest large and medium
hub airport, or that require a rate of subsidy per passenger in excess
of $200 unless such point is greater than 210 miles from the nearest
large or medium hub airport.
Sec. 337. (a) In General.--For purposes of the exception set forth
in section 29(a)(2) of the International Air Transportation Competition
Act of 1979 (Public Law 96-192; 94 Stat. 48), the term ``passenger
capacity of 56 passengers or less'' includes any aircraft, except
aircraft exceeding gross aircraft weight of 300,000 pounds, reconfigured
to accommodate 56 or fewer passengers if the total number of passenger
seats installed on the aircraft does not exceed 56.
(b) Inclusion of Certain States in Exemption.--The first sentence of
section 29(c) of the International Air Transportation Competition Act of
1979 (Public Law 96-192; 94 Stat. 48 et seq.) is amended by inserting
``Kansas, Alabama, Mississippi,'' before ``and Texas''.
(c) <<NOTE: Notification.>> Safety Assurance.--The Administrator of
the Federal Aviation Administration shall monitor the safety of flight
operations in the Dallas-Fort Worth metropolitan area and take such
actions as may be necessary to ensure safe aviation operations. If the
Administrator must restrict aviation operations in the Dallas-Fort Worth
area to ensure safety, the Administrator shall notify the House and
Senate Committees on Appropriations as soon as possible that an unsafe
airspace management situation existed requiring the restrictions.
Sec. 338. Rebates, refunds, incentive payments, minor fees and other
funds received by the Department from travel management centers, charge
card programs, the subleasing of building space, and miscellaneous
sources are to be credited to appropriations of the Department and
allocated to elements of the
[[Page 111 STAT. 1448]]
Department using fair and equitable criteria and such funds shall be
available until December 31, 1998.
Sec. 339. Notwithstanding any other provision of law, the Department
of the Navy is directed to transfer the USNS EDENTON (ATS-1), currently
in Inactive Ship status, to the United States Coast Guard.
Sec. 340. <<NOTE: 49 USC 47107 note.>> (a) Findings.--The Congress
finds that--
(1) Congress has the authority under article I, section 8 of
the Constitution to regulate the air commerce of the United
States;
(2) section 47107 of title 49, United States Code, prohibits
the diversion of certain revenue generated by a public airport
as a condition of receiving a project grant;
(3) a grant recipient that uses airport revenues for
purposes that are not airport-related in a manner inconsistent
with chapter 471 of title 49, United States Code, illegally
diverts airport revenues;
(4) illegal diversion of airport revenues undermines the
interest of the United States in promoting a strong national air
transportation system;
(5) the policy of the United States that airports should be
as self-sustaining as possible and that revenues generated at
airports should not be diverted from airport purposes was stated
by Congress in 1982 and reaffirmed and strengthened in 1987,
1994, and 1996;
(6) certain airports are constructed on lands that may have
belonged, at one time, to Native Americans, Native Hawaiians, or
Alaska Natives;
(7) contrary to the prohibition against diverting airport
revenues from airport purposes under section 47107 of title 49,
United States Code, certain payments from airport revenues may
have been made for the betterment of Native Americans, Native
Hawaiians, or Alaska Natives based upon the claims related to
lands ceded to the United States;
(8) Federal law prohibits diversions of airport revenues
obtained from any source whatsoever to occur in the future
whether related to claims for periods of time prior to or after
the date of enactment of this Act; and
(9) because of the special circumstances surrounding such
past diversions of airport revenues for the betterment of Native
Americans, Native Hawaiians, or Alaska Natives, it is in the
national interest that amounts from airport revenues previously
received by any entity for the betterment of Native Americans,
Native Hawaiians, or Alaska Natives, as specified in subsection
(b) of this section, should not be subject to repayment.
(b) Termination of Repayment Responsibility.--Notwithstanding the
provisions of 47107 of title 49, United States Code, or any other
provision of law, monies paid for claims related to ceded lands and
diverted from airport revenues and received prior to April 1, 1996, by
any entity for the betterment of Native Americans, Native Hawaiians, or
Alaska Natives, shall not be subject to repayment.
(c) Prohibition on Further Diversion.--There shall be no further
payment of airport revenues for claims related to ceded lands, whether
characterized as operating expenses, rent, or otherwise, and whether
related to claims for periods of time prior to or after the date of
enactment of this Act.
[[Page 111 STAT. 1449]]
(d) Clarification.--Nothing in this Act shall be construed to affect
any existing Federal statutes, enactments, or trust obligations created
thereunder, or any statute of the several States that define the
obligations of such States to Native Americans, Native Hawaiians, or
Alaska Natives in connection with ceded lands, except to make clear that
airport revenues may not be used to satisfy such obligations.
Sec. 341. Limitation on Funds Used To Enforce Regulations Regarding
Animal Fats and Vegetable Oils.--None of the funds made available in
this Act may be used by the Coast Guard to issue, implement, or enforce
a regulation or to establish an interpretation or guideline under the
Edible Oil Regulatory Reform Act (Public Law 104-55), or the amendments
made by that Act, that does not recognize and provide for, with respect
to fats, oils, and greases (as described in that Act, or the amendments
made by that Act) differences in--
(1) physical, chemical, biological, and other relevant
properties; and
(2) environmental effects.
Sec. 342. Notwithstanding the provisions of any other law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of an
amount determined by the Secretary.
Sec. 343. Subsection (d)(4) of 49 U.S.C. 31112 is amended by
striking ``September 30, 1997'' and inserting ``February 28, 1998''.
Sec. 344. None of the funds in this Act shall be used to enforce
against air carriers, conducting operations under part 135 of the
Federal Aviation Administration (FAA) regulations (14 CFR 135.1 et seq.)
that are not scheduled operations (as defined in 14 CFR 119.3), the
requirement in section 44936(f)(1) of title 49, United States Code that
records be checked before hiring an individual as a pilot, until the FAA
determines, in writing, that it can furnish to such air carriers the
requested records within 30 days, as required by section 44936(f)(5) of
title 49, United States Code. If the Administrator cannot make the
determination, in writing, within 150 days after enactment of this Act,
then the Administrator shall report to the Committees on Appropriations,
the Senate Committee on Commerce, Science, and Transportation, and the
House Committee on Transportation and Infrastructure, the reasons why
the determination cannot be made.
Sec. 345. Exemption Authority for Air Service To Slot-Controlled
Airports.--Section 41714 of title 49, United States Code, is amended by
adding at the end thereof the following:
``(i) Expeditious Consideration of Certain Exemption Requests.--
Within 120 days after receiving an application for an exemption under
subsection (a)(2) to improve air service between a nonhub airport (as
defined in section 41731(a)(4)) and a high density airport subject to
the exemption authority under subsection (a), the Secretary shall grant
or deny the exemption. <<NOTE: Notification.>> The Secretary shall
notify the Senate Committee on Commerce, Science, and Transportation and
the House Committee on Transportation and Infrastructure of the grant or
denial within 14 calendar days after the determination and state the
reasons for the determination.''.
Sec. 346. <<NOTE: 49 USC 301 note.>> (a) As soon as practicable
after the date of enactment of this Act, the Secretary of
Transportation, acting for the Department of Transportation, may take
receipt of such equipment and
[[Page 111 STAT. 1450]]
sites of the Ground Wave Emergency Network (referred to in this section
as ``GWEN'') as the Secretary of Transportation determines to be
necessary for the establishment of a nationwide system
to be known as the ``Nationwide Differential Global Positioning System''
(referred to in this section as ``NDGPS'').
(b) As soon as practicable after the date of enactment of this Act,
the Secretary of Transportation may establish the NDGPS. In establishing
the NDGPS, the Secretary of Transportation may--
(1) if feasible, reuse GWEN equipment and sites transferred
to the Department of Transportation under subsection (a);
(2) to the maximum extent practicable, use contractor
services to install the NDGPS;
(3) modify the positioning system operated by the Coast
Guard at the time of the establishment of the NDGPS to integrate
the reference stations made available pursuant to subsection
(a);
(4) in cooperation with the Secretary of Commerce, ensure
that the reference stations referred to in paragraph (3) are
compatible with, and integrated into, the Continuously
Operating Reference Station (commonly referred to as ``CORS'')
system of the National Geodetic Survey of the Department of
Commerce; and
(5) in cooperation with the Secretary of Commerce,
investigate the use of the NDGPS reference stations for the
Global Positioning System Integrated Precipitable Water Vapor
System of the National Oceanic and Atmospheric Administration.
(c) The Secretary of Transportation may--
(1) manage and operate the NDGPS;
(2) ensure that the service of the NDGPS is provided
without the assessment of any user fee; and
(3) in cooperation with the Secretary of Defense, ensure
that the use of the NDGPS is denied to any enemy of the United
States.
(d) In any case in which the Secretary of Transportation
determines that contracting for the maintenance of 1 or more NDGPS
reference stations is cost-effective, the Secretary of Transportation
may enter into a contract to provide for that maintenance.
(e) The Secretary of Transportation may--
(1) in cooperation with appropriate representatives of
private industries and universities and officials of State
governments--
(A) investigate improvements (including potential
improvements) to the NDGPS;
(B) develop standards for the NDGPS; and
(C) sponsor the development of new applications for
the NDGPS; and
(2) provide for the continual upgrading of the NDGPS to
improve performance and address the needs of--
(A) the Federal Government;
(B) State and local governments; and
(C) the general public.
Sec. 347. The Secretary of Transportation is authorized to transfer
funds appropriated to the Coast Guard in Public Law 102-368 in order to
pay rent assessments by the General Services Administration related to
prior year space needs of the Department:
[[Page 111 STAT. 1451]]
Provided, <<NOTE: Notification.>> That prior to any such transfer,
notification shall be provided to the House and Senate Committees on
Appropriations.
Sec. 348. (a) Subsection (b) of section 642 of the Treasury and
General Government Appropriations Act, 1998, <<NOTE: Ante, p. 1318.>>
is amended by inserting ``other than a Member of Congress,'' after
``Code,''.
(b) Paragraph (1) of section 642(c) of such Act is amended by
striking ``(1)(A) subject to subparagraph (B),'' and inserting ``(1)'',
and by striking ``December 31, 1998'' and all that follows through the
end and inserting ``December 31, 1998;''.
This Act may be cited as the ``Department of Transportation and
Related Agencies Appropriations Act, 1998''.
Approved October 27, 1997.
LEGISLATIVE HISTORY--H.R. 2169 (S. 1048):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-188 (Comm. on Appropriations) and 105-313 (Comm.
of Conference).
SENATE REPORTS: No. 105-55 accompanying S. 1048 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
July 23, considered and passed House.
July 29, 30, considered and passed Senate, amended.
Oct. 9, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Oct. 27, Presidential statement.
Nov. 1, President's special message on line item veto.
FEDERAL REGISTER, Vol. 62 (1997):
Nov. 4, Cancellation of items pursuant to the Line Item Veto
Act.
<all>