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[From Thomas, a service of the U.S. Congress through its Library.
Check for accuracy before quoting or citing]
[H.R. 3675. Public Law: 104-205, became law 09/30/96). A bill making
appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 1997, and for
other purposes.]
FILE h3675.enr
--H.R.3675--
H.R.3675
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
Making appropriations for the Department of Transportation and
related agencies for the fiscal year ending September 30, 1997, and
for other purposes.
[Italic->] Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, [<-Italic] 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: [Italic->]
Provided [<-Italic] , 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: [Italic->] Provided further
[<-Italic] , 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.
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: [Italic->] Provided, [<-Italic]
That such services shall be provided on a competitive basis to
entities within the Department of Transportation: [Italic->]
Provided further, [<-Italic] That the above limitation on
operating expenses shall not apply to non-DOT entities: [Italic->]
Provided further, [<-Italic] 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: [Italic->] Provided further,
[<-Italic] 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: [Italic->] Provided, [<-Italic] 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: [Italic->] Provided
further, [<-Italic] 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: [Italic->] Provided further, [<-Italic] 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: [Italic->] Provided further, [<-Italic] 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 a
irport: [Italic->] Provided further, [<-Italic] That of funds
provided for `Small Community Air Service' by Public Law 101-508,
$12,700,000 in fiscal year 1997 is hereby rescinded.
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:
[Italic->] Provided, [<-Italic] 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: [Italic->]
Provided further, [<-Italic] 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: [Italic->] Provided, [<-Italic] That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: [Italic->]
Provided further, [<-Italic] 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: [Italic->] Provided,
[<-Italic] 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: [Italic->] Provided, [<-Italic] 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:
[Italic->] Provided further, [<-Italic] 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: [Italic->] Provided further, [<-Italic]
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: [Italic->] Provided further,
[<-Italic] 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: [Italic->]
Provided, [<-Italic] 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: [Italic->] Provided further, [<-Italic] 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: [Italic->] Provided further, [<-Italic] That none
of the funds in this Act may be obligated or expended to continue
the `Vessel Traffic Service (VTS) 2000' Program: [Italic->]
Provided further, [<-Italic] 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.
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: [Italic->] Provided, [<-Italic] 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: [Italic->] Provided, [
<-Italic] 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:
[Italic->] Provided further, [<-Italic] 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 1997, to result in a final fiscal year 1997
appropriation from the general fund estimated at not more than
$3,182,500,000: [Italic->] Provided further, [<-Italic] 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: [Italic->] Provided further,
[<-Italic] 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: [Italic->] Provided further,
[<-Italic] 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: [Italic->] Provided
further, [<-Italic] That none of the funds in this Act shall be
available for new applicants for the second career training
program: [Italic->] Provided further, [<-Italic] 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: [Italic->] Provided further,
[<-Italic] 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: [Italic->] Provided further,
[<-Italic] 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: [Italic->] Provided, [<-Italic] 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, $187,412,000, to be derived from
the Airport and Airway Trust Fund and to remain available until
September 30, 1999: [Italic->] Provided, [<-Italic] 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: [Italic->] Provided,
[<-Italic] 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 available for activities
under this heading during fiscal year 1997.
ADMINISTRATIVE SERVICES FRANCHISE FUND
There is hereby established in the Treasury 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: [Italic->] Provided, [<-Italic] That any inventories,
equipment, and other 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: [Italic->] Provided
further, [<-Italic] 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:
[Italic->] Provided further, [<-Italic] That such fund shall
provide services on a competitive basis: [Italic->] Provided
further, [<-Italic] 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: [Italic->] Provided further,
[<-Italic] 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:
[Italic->] Provided, [<-Italic] 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 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.
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: [Italic->] Provided,
[<-Italic] 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: [Italic->] Provided, [<-Italic] 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: [Italic->] Provided
further, [<-Italic] 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: [Italic->] Provided further, [<-Italic]
That the Secretary may approve State Infrastructure Banks for more
than 10 States: [Italic->] Provided further, [<-Italic] That
these funds shall be used to advance projects or programs under the
terms and conditions of section 350: [Italic->] Provided further,
[<-Italic] 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: [Italic->] Provided further,
[<-Italic] That the Secretary shall ensure that the Federal
disbursements shall be at a rate consistent with historic rates for
the Federal-aid highways program.
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: [Italic->]
Provided, [<-Italic] 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: [Italic->] Provided,
[<-Italic] 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': [Italic->]
Provided further, [<-Italic] 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: [Italic->] Provided further, [<-Italic]
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': [Italic->] Provided further, [<-Italic]
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: [Italic->]
Provided further, [<-Italic] That the unobligated balances of the
appropriation `Highway-Related Safety Grants' shall be transferred
to and merged with this `Highway Traffic Safety Grants'
appropriation: [Italic->] Provided further [<-Italic] , 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: [Italic->] Provided, [<-Italic]
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: [Italic->] Provided further, [
<-Italic] 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: [Italic->] Provided further, [<-Italic] 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: [Italic->] Provided, [<-Italic]
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.
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: [Italic->]
Provided, [<-Italic] 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:
[Italic->] Provided, [<-Italic] 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: [Italic->] Provided, [<-Italic] That as
a condition of accepting such funds, the Providence and Worcester
(P&W) Railroad shall enter into an agreement with the Secretary to
reimburse Amtrak and/or the Federal Railroad Administration, on a
dollar for dollar basis, up to the first $13,000,000 in damages
resulting from the legal action initiated by the P&W Railroad under
its existing contracts with Amtrak relating to the provision of
vertical clearances between Davisville and Central Falls in excess
of those required for present freight operations.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation authorized by 49 U.S.C.
24104, $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: [Italic->] Provided, [<-Italic] That
funding under this head for capital improvements shall not be made
available before July 1, 1997: [Italic->] Provided further,
[<-Italic] 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:
[Italic->] Provided, [<-Italic] That no more than $2,149,185,000
of budget authority shall be available for these purposes:
[Italic->] Provided further, [<-Italic] 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):
[Italic->] Provided further, [<-Italic] 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: [Italic->]
Provided further, [<-Italic] 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, $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: [Italic->] Provided,
[<-Italic] 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): [Italic->]
Provided, [<-Italic] 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 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;
$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 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:
[Italic->] Provided, [<-Italic] 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: [Italic->] Provided
further, [<-Italic] 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: [Italic->] Provided,
[<-Italic] 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: [Italic->] Provided,
[<-Italic] 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: [Italic->] Provided, [<-Italic] That none
of the funds under this heading shall be for the conduct of
contract audits.
SURFACE TRANSPORTATION BOARD
SALARIES AND EXPENSES
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $12,344,000:
[Italic->] Provided, [<-Italic] 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: [Italic->] Provided further, [<-Italic] 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: [Italic->]
Provided, [<-Italic] 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. Funds appropriated under this Act for expenditures by
the Federal Aviation Administration shall be available (1) except
as otherwise authorized by title VIII of the Elementary and
Secondary Education Act of 1965, 20 U.S.C. 7701, et seq., for
expenses of primary and secondary schooling for dependents of
Federal Aviation Administration personnel stationed outside the
continental United States at costs for any given area not in excess
of those of the Department of Defense for the same area, when it is
determined by the Secretary that the schools, if any, available in
the locality are unable to provide adequately for the education of
such dependents, and (2) for transportation of said dependents
between schools serving the area that they attend and their places
of residence when the Secretary, under such regulations as may be
prescribed, determines that such schools are not accessible by
public means of transportation on a regular basis.
SEC. 304. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by
5 U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the rate for an Executive Level IV.
SEC. 305. None of the funds in this Act shall be available for
salaries and expenses of more than one hundred seven political and
Presidential appointees in the Department of Transportation:
[Italic->] Provided, [<-Italic] 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:
[Italic->] Provided [<-Italic] , That the authority provided in
this section may be exercised without regard to section 3324 of
title 31, United States Code.
SEC. 309. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to
those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 310. (a) For fiscal year 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
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: [Italic->] Provided,
[<-Italic] 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 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. The limitation on obligations for the programs of the
Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation, or
to any other authority previously made available for obligation
under the discretionary grants program.
SEC. 312. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
SEC. 313. None of the funds in this Act shall be available to
plan, finalize, or implement regulations that would establish a
vessel traffic safety fairway less than five miles wide between the
Santa Barbara Traffic Separation Scheme and the San Francisco
Traffic Separation Scheme.
SEC. 314. Notwithstanding any other provision of law, airports
may transfer, without consideration, to the Federal Aviation
Administration (FAA) instrument landing systems (along with
associated approach lighting equipment and runway visual range
equipment) which conform to FAA design and performance
specifications, the purchase of which was assisted by a Federal
airport
aid program, airport development aid program or airport improvement
program grant. The FAA shall accept such equipment, which shall
thereafter be operated and maintained by the FAA in accordance with
agency criteria.
SEC. 315. None of the funds in this Act shall be available to
award a multiyear contract for production end items that (1)
includes economic order quantity or long lead time material
procurement in excess of $10,000,000 in any one year of the
contract or (2) includes a cancellation charge greater than
$10,000,000 which at the time of obligation has not been
appropriated to the limits of the Government's liability or (3)
includes a requirement that permits performance under the contract
during the second and subsequent years of the contract without
conditioning such performance upon the appropriation of funds:
[Italic->] Provided, [<-Italic] 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 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: [Italic->] Provided,
[<-Italic] 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: [Italic->]
Provided, [<-Italic] 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.
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:
[Italic->] Provided, [<-Italic] 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: [Italic->] Provided, [<-Italic]
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: [Italic->] Provided, [<-Italic] 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.
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. 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
(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 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:
[Italic->] Provided, [<-Italic] 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 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: [Italic->] Provided, [<-Italic] That
this provision shall be applied to funds for Senior Executive
Service bonuses, merit pay, and other bonuses and cash awards.
SEC. 347. 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. 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;
(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.
(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 subsection,
positions shall be counted on a full-time-equivalent basis.
(2) 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) 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. Not later than December 31, 1997, the Administrator of
the Federal Aviation Administration shall--
(a) 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) submit to the Congress a report on the findings of that
independent assessment: [Italic->] Provided, [<-Italic] 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
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
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) 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:
[Italic->] Provided however, [<-Italic] 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' 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 Relocation
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'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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