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[From Thomas, a service of the U.S. Congress through its Library.
Check for accuracy before citing or quoting.]
FILE h2169.enr
--H.R.2169--
H.R.2169
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and
ninety-seven
An Act
Making appropriations for the Department of Transportation and
related agencies for the fiscal year ending September 30, 1998, 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, 1998, and for other purposes,
namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$61,000,000, of which not to exceed $40,000 shall be available as
the Secretary may determine for allocation within the Department
for official reception and representation expenses: [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: [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, $4,400,000.
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER
Necessary expenses for operating costs and capital outlays of the
Transportation Administrative Service Center, not to exceed
$121,800,000, shall be paid from appropriations made available to
the Department of Transportation: [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
(RESCISSION OF CONTRACT AUTHORIZATION)
(AIRPORT AND AIRWAY TRUST FUND)
Of the budgetary resources provided for `Small Community Air
Service' by Public Law 101-508, for fiscal year 1998, $38,600,000
are rescinded.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of direct loans, $1,500,000, as authorized by 49
U.S.C. 332: [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 Minority Business Resource Center
outreach activities, $2,900,000, of which $2,635,000 shall remain
available until September 30, 1999: [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
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase of not to exceed
five passenger motor vehicles for replacement only; payments
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and section 229(b) of the Social Security Act (42 U.S.C.
429(b)); and recreation and welfare; $2,715,400,000, of which
$300,000,000 shall be available for defense-related activities and
$25,000,000 shall be derived from the Oil Spill Liability Trust
Fund: [Italic->] Provided [<-Italic] , That the number of aircraft
on hand at any one time shall not exceed 212, exclusive of aircraft
and parts stored to meet future attrition: [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. 1
2839: [Italic->] Provided further [<-Italic] , That $34,300,000 of
the funds provided under this heading for increased drug
interdiction activities are not available for obligation until the
Director, Office of National Drug Control Policy: (1) reviews the
specific activities and associated costs and benefits proposed by
the Coast Guard; (2) compares those activities to other drug
interdiction efforts Government-wide; and (3) certifies, in
writing, to the House and Senate Committees on Appropriations that
such expenditures represent the best investment relative to other
options: [Italic->] Provided further [<-Italic] , That should the
Director, Office of National Drug Control Policy decline to make
such certification, after notification in writing to the House and
Senate Committees on Appropriations, the Director may transfer, at
his discretion, up to $34,300,000 of funds provided herein for
Coast Guard drug interdiction activities to any other entity of the
Federal Government for drug interdiction activities: [Italic->]
Provided further [<-Italic] , That up to $615,000 in user fees
collected pursuant to section 1111 of Public Law 104-324 shall be
credited to this appropriation as offsetting collections in fiscal
year 1998.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto, $397,850,000, of
which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund; of which $212,100,000 shall be available to acquire,
repair, renovate or improve vessels, small boats and related
equipment, to remain available until September 30, 2002;
$25,800,000 shall be available to acquire new aircraft and increase
aviation capability, to remain available until September 30, 2000;
$44,650,000 shall be available for other equipment, to remain
available until September 30, 2000; $68,300,000 shall be available
for shore facilities and aids to navigation facilities, to remain
available until September 30, 2000; and $47,000,000 shall be
available for personnel compensation and benefits and related
costs, to remain available until September 30, 1999: [Italic->]
Provided [<-Italic] , That funds received from the sale of HU-25
aircraft shall be credited to this appropriation for the purpose of
acquiring new aircraft and increasing aviation capacity:
[Italic->] Provided further [<-Italic] , That the Commandant may
dispose of surplus real property by sale or lease and the proceeds
shall be credited to this appropriation, of which not more than
$9,000,000 shall be credited as offsetting collections to this
account, to be available for the purposes of this account:
[Italic->] Provided further [<-Italic] , That the amount herein
appropriated from the General Fund shall be reduced by such a
mount: [Italic->] Provided further [<-Italic] , That any proceeds
from the sale or lease of Coast Guard surplus real property in
excess of $9,000,000 shall be retained and remain available until
expended, but shall not be available for obligation until October
1, 1998: [Italic->] Provided further [<-Italic] , That the
Secretary, acting through the Commandant, may enter into a
long-term Use Agreement with the City of Unalaska for dedicated
pier space on the municipal dock necessary to support Coast Guard
enforcement vessels when such vessels call on the Port of Dutch
Harbor, Alaska.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the Coast Guard's
environmental compliance and restoration functions under chapter 19
of title 14, United States Code, $21,000,000, to remain available
until expended.
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of obstructive
bridges, $17,000,000, to remain available until expended.
RETIRED PAY
For retired pay, including the payment of obligations therefor
otherwise chargeable to lapsed appropriations for this purpose, and
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, and for payments for medical care of
retired personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. ch. 55); $653,196,000.
RESERVE TRAINING
(INCLUDING TRANSFER OF FUNDS)
For all necessary expenses of the Coast Guard Reserve, as
authorized by law; maintenance and operation of facilities; and
supplies, equipment, and services; $67,000,000: [Italic->]
Provided [<-Italic] , That no more than $20,000,000 of funds made
available under this heading may be transferred to Coast Guard
`Operating expenses' or otherwise made available to reimburse the
Coast Guard for financial support of the Coast Guard Reserve.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses, not otherwise provided for, for applied
scientific research, development, test, and evaluation;
maintenance, rehabilitation, lease and operation of facilities and
equipment, as authorized by law, $19,000,000, to remain available
until expended, of which $3,500,000 shall be derived from the Oil
Spill Liability Trust Fund: [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 passenger motor vehicles for replacement only,
in addition to amounts made available by Public Law 104-264,
$5,301,934,000, of which $1,901,628,000 shall be derived from the
Airport and Airway Trust Fund: [Italic->] Provided [<-Italic] ,
That none of the funds in this Act shall be available for the
Federal Aviation Administration to plan, finalize, or implement any
regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of enactment of this
Act: [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: [Italic->]
Provided further [<-Italic] , That up to $5,000 of funds
appropriated under this heading may be used for activities under
the Aircraft Purchase Loan Guarantee Program.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, and improvement by contract or
purchase, and hire of air navigation and experimental facilities
and equipment as authorized under part A of subtitle VII of title
49, United States Code, including initial acquisition of necessary
sites by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary sites
by lease or grant; and construction and furnishing of quarters and
related accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where such
accommodations are not available; and the purchase, lease, or
transfer of aircraft from funds available under this head; to be
derived from the Airport and Airway Trust Fund, $1,875,477,000, of
which $1,656,367,000 shall remain available until September 30,
2000, and of which $219,110,000 shall remain available until
September 30, 1998: [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, $199,183,000, to be derived from
the Airport and Airway Trust Fund and to remain available until
September 30, 2000: [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: [Italic->] Provided further [<-Italic] , That none of
the funds in this Act may be obligated or expended for the `Flight
2000' Program.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and for noise compatibility
planning and programs as authorized under subchapter I of chapter
471 and subchapter I of chapter 475 of title 49, United States
Code, and under other law authorizing such obligations,
$1,600,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until expended: [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 $1,700,000,000 in fiscal year 1998 for
grants-in-aid for airport planning and development, and noise
compatibility planning and programs, notwithstanding section
47117(h) of title 49, United States Code: [Italic->] Provided
further [<-Italic] , That discretionary funds available for noise
planning and mitigation shall not exceed $200,000,000 and
discretionary funds available for the military airport program
shall not exceed $26,000,000.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the unobligated balances authorized under 49 U.S.C. 48103 as
amended, $412,000,000 are rescinded.
AVIATION INSURANCE REVOLVING FUND
The Secretary of Transportation is hereby authorized to make such
expenditures and investments, within the limits of funds available
pursuant to 49 U.S.C. 44307, and in accordance with section 104 of
the Government Corporation Control Act, as amended (31 U.S.C.
9104), as may be necessary in carrying out the program for aviation
insurance activities under chapter 443 of title 49, United States
Code.
AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM
Except as specifically provided elsewhere in this Act, none of
the funds in this Act shall be available for activities under this
heading during fiscal year 1998.
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON GENERAL OPERATING EXPENSES
Necessary expenses for administration, operation, including motor
carrier safety program operations, and research of the Federal
Highway Administration not to exceed $552,266,000 shall be paid in
accordance with law from appropriations made available by this Act
to the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration:
[Italic->] Provided [<-Italic] , That $241,708,000 of the amount
provided herein shall remain available until September 30, 2000.
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
For carrying out the provisions of section 1069(y) of Public Law
102-240, relating to construction of, and improvements to,
corridors of the Appalachian Development Highway System,
$300,000,000 to remain available until expended: [Italic->]
Provided [<-Italic] , That none of the funds provided under this
heading shall be available for engineering, design, right-of-way
acquisition, or major construction of the Appalachian Development
Highway System between I-81 in Virginia and the community of
Wardensville, West Virginia.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
None of the funds in this Act shall be available for the
implementation or execution of programs the obligations for which
are in excess of $21,500,000,000 for Federal-aid highways and
highway safety construction programs for fiscal year 1998.
FEDERAL-AID HIGHWAYS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For carrying out the provisions of title 23, United States Code,
that are attributable to Federal-aid highways, including the
National Scenic and Recreational Highway as authorized by 23 U.S.C.
148, not otherwise provided, including reimbursements for sums
expended pursuant to the provisions of 23 U.S.C. 308,
$20,800,000,000 or so much thereof as may be available in and
derived from the Highway Trust Fund, to remain available until
expended.
RIGHT-OF-WAY REVOLVING FUND
(LIMITATION ON DIRECT LOANS)
(HIGHWAY TRUST FUND)
None of the funds under this heading are available for
obligations for right-of-way acquisition during fiscal year 1998.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out 49 U.S.C.
31102, $85,000,000, to be derived from the Highway Trust Fund and
to remain available until expended: [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 $84,825,000 for `Motor Carrier Safety Grants'.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH
For expenses necessary to discharge the functions of the
Secretary with respect to traffic and highway safety under part C
of subtitle VI of title 49, United States Code, and chapter 301 of
title 49, United States Code, $74,901,000, of which $40,674,000
shall remain available until September 30, 2000: [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, $72,061,000, of which
$49,520,000 shall remain available until September 30, 2000.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred carrying out the provisions
of 23 U.S.C. 153, 402, 408, and 410, and chapter 303 of title 49,
United States Code, to remain available until expended,
$186,000,000, to be derived from the Highway Trust Fund:
[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 1998, are in excess of $186,500,000 for programs
authorized under 23 U.S.C. 402, 410, and chapter 303 of title 49,
United States Code, of which $149,700,000 shall be for `State and
community highway safety grants', $2,300,000 shall be for the
`National Driver Register', and $34,500,000 shall be for section
410 `Alcohol-impaired driving counter-measures programs':
[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 $5,268,000 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 not to exceed $500,000 of the
funds made available for section 410 `Alcohol-impaired driving
counter-measures programs' shall be available for technical
assistance to the States.
FEDERAL RAILROAD ADMINISTRATION
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Federal Railroad Administration,
not otherwise provided for, $20,290,000, of which $1,389,000 shall
remain available until expended: [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, $57,067,000, of which $5,511,000 shall
remain available until expended: [Italic->] Provided [<-Italic] ,
That notwithstanding any other provision of law, funds appropriated
under this heading are available for the reimbursement of
out-of-state travel and per diem costs incurred by employees of
State governments directly supporting the Federal railroad safety
program, including regulatory development and compliance-related
activities.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development,
$20,758,000, to remain available until expended.
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
For necessary expenses related to Northeast Corridor improvements
authorized by title VII of the Railroad Revitalization and
Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et seq.)
and 49 U.S.C. 24909, $250,000,000, to remain available until
September 30, 2000, of which $12,000,000 shall be for the
Pennsylvania Station Redevelopment Project.
RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (Public Law 94-210), as amended, in such amounts and at
such times as may be necessary to pay any amounts required pursuant
to the guarantee of the principal amount of obligations under
sections 511 through 513 of such Act, such authority to exist as
long as any such guaranteed obligation is outstanding: [Italic->]
Provided [<-Italic] , That no new loan guarantee commitments shall
be made during fiscal year 1998.
NEXT GENERATION HIGH-SPEED RAIL
For necessary expenses for Next Generation High-Speed Rail
studies, corridor planning, development, demonstration, and
implementation, $20,395,000, to remain available until expended:
[Italic->] Provided [<-Italic] , That funds under this heading may
be made available for grants to States for high-speed rail corridor
design, feasibility studies, environmental analyses, and track and
signal improvements.
ALASKA RAILROAD REHABILITATION
To enable the Secretary of Transportation to make grants to the
Alaska Railroad, $15,280,000 shall be for capital rehabilitation
and improvements benefiting its passenger operations.
RHODE ISLAND RAIL DEVELOPMENT
For the costs associated with construction of a third track on
the Northeast Corridor between Davisville and Central Falls, Rhode
Island, with sufficient clearance to accommodate double stack
freight cars, $10,000,000, to be matched by the State of Rhode
Island or its designee on a dollar-for-dollar basis and to remain
available until expended: [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 $23,000,000 in damages
resulting from the legal action initiated by the P&W Railroad under
its existing contracts with Amtrak relating to the provision of
vertical clearances between Davisville and Central Falls in excess
of those required for present freight operations.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation authorized by 49 U.S.C.
24104, $543,000,000, to remain available until expended, of which
$344,000,000 shall be available for operating losses, and
$199,000,000 shall be for capital improvements: [Italic->]
Provided [<-Italic] , That if Amtrak reform legislation as required
by section 977(f) of the Taxpayer Relief Act of 1997 is enacted
into law prior to the distribution by the Secretary of any of the
funds appropriated above for capital improvements, then the portion
of this appropriation made available for capital improvements shall
not be available for obligation and the Secretary shall not
transfer any of the funds appropriated under this heading for
capital improvements to Amtrak: [Italic->] Provided further
[<-Italic] , That in the event Amtrak reform legislation required
by section 977(f) of the Taxpayer Relief Act of 1997 is enacted
into law after the distribution of some or all of the funds
appropriated under this account for capital improvements are
transferred by the Secretary to Amtrak, then the Secretary of the
Treasury shall reduce the amount refunded to Amtrak under section
977 of the Taxpayer Relief Act of 1997 by an amount equal to the
funds distributed to Amtrak under this heading for capital
improvements and the portion of this appropriation made available
for capital improvements shall not be available for obligation and
no additional funds appropriated under this heading shall be
transferred by the Secretary to Amtrak for capital improvements:
[Italic->] Provided further [<-Italic] , That none of the funds
provided for capital improvements may be transferred to operating
losses to pay for debt service interest unless specifically
authorized by law after the date of enactment of this Act:
[Italic->] Provided further [<-Italic] , That the incurring of any
obligation or commitment by the Corporation for the purchase of
capital improvements with funds appropriated herein which is
prohibited by this Act shall be deemed a violation of 31 U.S.C.
1341: [Italic->] Provided further [<-Italic] , That funding under
this heading for capital improvements shall not be made available
before July 1, 1998: [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, $45,738,000: [Italic->] Provided [<-Italic] ,
That none of the funds in this Act shall be available for the
execution of contracts under section 5327(c) of title 49, United
States Code, in an aggregate amount that exceeds $15,000,000.
FORMULA GRANTS
For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2),
5311, and 5336, to remain available until expended, $240,000,000:
[Italic->] Provided [<-Italic] , That no more than $2,500,000,000
of budget authority shall be available for these purposes:
[Italic->] Provided further [<-Italic] , That of the funds provided
under this heading for formula grants, no more than $150,000,000
may be used for operating assistance under 49 U.S.C. 5336(d):
[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
75 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, $92,000,000, of which $39,500,000 shall
be for activities under Metropolitan Planning (49 U.S.C. 5303);
$4,500,000 for activities under Rural Transit Assistance (49 U.S.C.
5311(b)(2)); $8,250,000 for activities under State Planning and
Research (49 U.S.C. 5313(b)); $36,750,000 for activities including
National Planning and Research (49 U.S.C. 5314 and 5313(a)); and
$3,000,000 for National Transit Institute (49 U.S.C. 5315).
TRUST FUND SHARE OF EXPENSES
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out 49 U.S.C.
5338(a), $2,210,000,000, to remain available until expended and to
be derived from the Highway Trust Fund: [Italic->] Provided
[<-Italic] , That $2,210,000,000 shall be paid from the Mass
Transit Account of the Highway Trust Fund to the Federal Transit
Administration's formula grants account.
DISCRETIONARY GRANTS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
None of the funds in this Act shall be available for the
implementation or execution of programs the obligations for which
are in excess of $2,000,000,000 in fiscal year 1998 for grants
under the contract authority in 49 U.S.C. 5338(b): [Italic->]
Provided [<-Italic] , That there shall be available for fixed
guideway modernization, $800,000,000; there shall be available for
the replacement, rehabilitation, and purchase of buses and related
equipment and the construction of bus-related facilities,
$400,000,000; and there shall be available for new fixed guideway
systems $800,000,000, to be available as follows:
$44,600,000 for the Atlanta-North Springs project;
$1,000,000 for the Austin Capital metro project;
$46,250,000 for the Boston Piers MOS-2 project;
$1,000,000 for the Boston urban ring project;
$5,000,000 for the Burlington-Essex, Vermont commuter rail
project;
$2,000,000 for the Canton-Akron-Cleveland commuter rail
project;
$1,500,000 for the Charleston monobeam rail project;
$1,000,000 for the Charlotte South corridor transitway project;
$500,000 for the Cincinnati Northeast/Northern Kentucky rail
line project;
$5,000,000 for the Clark County, Nevada fixed guideway project;
$800,000 for the Cleveland Blue Line extension to Highland
Hills project;
$700,000 for the Cleveland Berea Red Line extension to
Hopkins International Airport;
$1,000,000 for the Cleveland Waterfront Line extension project;
$8,000,000 for the Dallas-Fort Worth RAILTRAN project;
$11,000,000 for the DART North Central light rail extension
project;
$1,000,000 for the DeKalb County, Georgia light rail project;
$23,000,000 for the Denver Southwest Corridor project;
$20,000,000 for the New York East Side access project;
$8,000,000 for the Florida Tri-County commuter rail project;
$2,000,000 for the Galveston, Texas rail trolley system
project;
$1,000,000 for the Houston Advanced Regional Bus project;
$51,100,000 for the Houston Regional Bus project;
$1,250,000 for the Indianapolis Northeast corridor project;
$3,000,000 for the Jackson, Mississippi intermodal corridor
project;
$61,500,000 for the Los Angeles MOS-3 project;
$31,000,000 for MARC commuter rail improvements;
$1,000,000 for the Memphis, Tennessee regional rail project;
$5,000,000 for the Metro-Dade Transit east-west corridor
project;
$5,000,000 for the Miami-North 27th Avenue project;
$1,000,000 for the Mission Valley East corridor project;
$500,000 for the Nassau Hub rail link EIS project;
$60,000,000 for the New Jersey Hudson-Bergen LRT project;
$27,000,000 for the New Jersey Secaucus project;
$6,000,000 for the New Orleans Canal Street corridor project;
$2,000,000 for the New Orleans Desire Streetcar project;
$12,000,000 for the North Carolina Research Triangle Park
project;
$4,000,000 for the Northern Indiana South Shore commuter rail
project;
$3,000,000 for the Oceanside-Escondido light rail project;
$1,600,000 for the Oklahoma City MAPS corridor transit project;
$2,000,000 for the Orange County transitway project;
$31,800,000 for the Orlando Lynx light rail project;
$500,000 for the Pennsylvania Strawberry Hill/Diamond Branch
rail project;
$4,000,000 for the Phoenix metropolitan area transit project;
$5,000,000 for the Pittsburgh airport busway project;
$63,400,000 for the Portland-Westside/Hillsboro project;
$2,000,000 for the Roaring Fork Valley rail project;
$20,300,000 for the Sacramento LRT project;
$63,400,000 for the Salt Lake City South LRT project;
$4,000,000 for the Salt Lake City regional commuter system
project;
$1,000,000 for the San Bernardino Metrolink project;
$1,500,000 for the San Diego Mid-Coast corridor project;
$29,900,000 for the San Francisco BART extension to the
airport project;
$15,000,000 for the San Juan Tren Urbano;
$21,400,000 for the San Jose Tasman LRT project;
$18,000,000 for the Seattle-Tacoma light rail and commuter
rail projects;
$30,000,000 for the St. Louis-St. Clair LRT extension project;
$2,500,000 for the St. George Ferry terminal project;
$500,000 for the Springfield-Branson, Missouri commuter rail
project;
$1,000,000 for the Tampa Bay regional rail project;
$2,000,000 for the Tidewater, Virginia rail project;
$1,000,000 for the Toledo, Ohio rail project;
$12,000,000 for the Twin Cities transitways projects;
$2,000,000 for the Virginia Rail Express Fredericksburg to
Washington commuter rail project;
$2,500,000 for the Whitehall ferry terminal project; and
$3,000,000 for the Wisconsin central commuter rail project.
MASS TRANSIT CAPITAL FUND
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out 49 U.S.C.
5338(b) administered by the Federal Transit Administration,
$2,350,000,000, to be derived from the Highway Trust Fund and to
remain available until expended.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
For necessary expenses to carry out the provisions of section 14
of Public Law 96-184 and Public Law 101-551, $200,000,000, to
remain available until expended.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds
and borrowing authority available to the Corporation, and in accord
with law, and to make such contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as amended, as may be necessary
in carrying out the programs set forth in the Corporation's budget
for the current fiscal year.
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses for operation and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by
the Saint Lawrence Seaway Development Corporation, including the
Great Lakes Pilotage functions delegated by the Secretary of
Transportation, $11,200,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
RESEARCH AND SPECIAL PROGRAMS
For expenses necessary to discharge the functions of the Research
and Special Programs Administration, $28,450,000, of which $574,000
shall be derived from the Pipeline Safety Fund, and of which
$4,950,000 shall remain available until September 30, 2000:
[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, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and
private sources for expenses incurred for training, for reports
publication and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OILSPILL LIABILITY TRUST FUND)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$31,300,000, of which $3,300,000 shall be derived from the Oil
Spill Liability Trust Fund and shall remain available until
September 30, 2000; and of which $28,000,000 shall be derived from
the Pipeline Safety Fund, of which $14,839,000 shall remain
available until September 30, 2000: [Italic->] Provided [<-Italic]
, That in addition to amounts made available for the Pipeline
Safety Fund, $1,100,000 shall be available for grants to States for
the development and establishment of one-call notification systems
and shall be derived from amounts previously collected under 49
U.S.C. 60301, and that an additional $365,000 in amounts previously
collected under 49 U.S.C. 60301 is available to conduct general
functions of the pipeline safety program.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000,
to be derived from the Emergency Preparedness Fund, to remain
available until September 30, 2000: [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, $42,000,000: [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, $13,853,000:
[Italic->] Provided [<-Italic] , That $2,000,000 in fees collected
in fiscal year 1998 by the Surface Transportation Board pursuant to
31 U.S.C. 9701 shall be made available to this appropriation in
fiscal year 1998: [Italic->] Provided further [<-Italic] , That
any fees received in excess of $2,000,000 in fiscal year 1998
shall remain available until expended, but shall not be available
for obligation until October 1, 1998.
TITLE II
RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
SALARIES AND EXPENSES
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $3,640,000: [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) $48,371,000, of which not to exceed $2,000 may
be used for official reception and representation expenses.
EMERGENCY FUND
For necessary expenses of the National Transportation Safety
Board for accident investigations, including hire of passenger
motor vehicles and aircraft; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-18; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902), $1,000,000, to
remain available until expended.
TITLE III
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
SEC. 301. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries on
official department business; and uniforms, or allowances therefor,
as authorized by law (5 U.S.C. 5901-5902).
SEC. 302. Such sums as may be necessary for fiscal year 1998 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
SEC. 303. 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 107 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 1998, the Secretary of
Transportation shall distribute the obligation limitation for
Federal-aid highways by allocation in the ratio which sums
authorized to be appropriated for Federal-aid highways that are
apportioned or allocated to each State for such fiscal year bear to
the total of the sums authorized to be appropriated for Federal-aid
highways that are apportioned or allocated to all the States for
such fiscal year.
(b) During the period October 1 through December 31, 1997, no
State shall obligate more than 25 percent of the amount distributed
to such State under subsection (a), and the total of all State
obligations during such period shall not exceed 12 percent of the
total amount distributed to all States under such subsection.
(c) Notwithstanding subsections (a) and (b), the Secretary shall--
(1) provide all States with authority sufficient to prevent
lapses of sums authorized to be appropriated for Federal-aid
highways that have been apportioned to a State;
(2) after August 1, 1998, revise a distribution of the funds
made available under subsection (a) if a State will not
obligate the amount distributed during that fiscal year and
redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year giving priority to those States having
large unobligated balances of funds apportioned under sections
103(e)(4), 104, 144, and 160 of title 23, United States Code,
and under sections 1013(c) and 1015 of Public Law 102-240; and
(3) not distribute amounts authorized for administrative
expenses and funded from the administrative takedown authorized
by section 104(a) of title 23, United States Code, the Federal
lands highway program, the intelligent transportation systems
program, the Truman-Hobbs bridges funded under the
discretionary bridge program, and amounts made available under
sections 1040, 1047, 1064, 6001, 6005, 6006, 6023, and 6024 of
Public Law 102-240, and 49 U.S.C. 5316, 5317, and 5338:
[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 heading `Federal-Aid
Highways' in this Act.
(d) During the period October 1 through December 31, 1997, the
aggregate amount of obligations under section 157 of title 23,
United States Code, for projects covered under section 147 of the
Surface Transportation Assistance Act of 1978, section 9 of the
Federal-Aid Highway Act of 1981, sections 131(b), 131(j), and 404
of Public Law 97-424, sections 1061, 1103-1108, 4008, 6023(b)(8),
and 6023(b)(10) of Public Law 102-240, and for projects authorized
by Public Law 99-500 and Public Law 100-17, shall not exceed
$277,431,840.
(e) Notwithstanding any other provision of law, none of the funds
in this Act shall be available for the distribution of bonus
limitation under the Federal-aid highways program.
SEC. 311. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation, or
to any other authority previously made available for obligation
under the discretionary grants program.
SEC. 312. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
SEC. 313. None of the funds in this Act shall be available to
plan, finalize, or implement regulations that would establish a
vessel traffic safety fairway less than five miles wide between the
Santa Barbara Traffic Separation Scheme and the San Francisco
Traffic Separation Scheme.
SEC. 314. 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. For the purposes of funds made available under the
heading `Formula Grants', the term `Capital Project' includes a
project for--
(A)(i) acquisition, construction, supervision, or inspection
of a facility or equipment, including inspection thereof, for
use in mass transportation; and
(ii) expenses incidental to the acquisition or construction
(including designing, engineering, location survey, mapping,
acquiring rights-of-way, associated pre-revenue startup costs,
and environmental mitigation), payments for rail trackage
rights, intelligent transportation systems, relocation
assistance, acquiring replacement housing sites, and acquiring,
constructing, relocating, and rehabilitating replacement housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance; and
(F) financing the operating costs of equipment and facilities
used in mass transportation in urbanized areas with a
population of less than 200,000.
SEC. 317. Notwithstanding any other provision of law, and except
for fixed guideway modernization projects, funds made available by
this Act under `Federal Transit Administration, Discretionary
grants' for projects specified in this Act or identified in reports
accompanying this Act not obligated by September 30, 2000, shall be
made available for other projects under 49 U.S.C. 5309.
SEC. 318. Notwithstanding any other provision of law, any funds
appropriated before October 1, 1993, under any section of chapter
53 of title 49, United States Code, that remain available for
expenditure may be transferred to and administered under the most
recent appropriation heading for any such section.
SEC. 319. None of the funds in this Act may be used to compensate
in excess of 350 technical staff-years under the federally funded
research and development center contract between the Federal
Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 1998.
SEC. 320. Funds provided in this Act for the Transportation
Administrative Service Center (TASC) shall be reduced by
$3,000,000, which limits fiscal year 1998 TASC obligational
authority for elements of the Department of Transportation funded
in this Act to no more than $118,800,000: [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. 321. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration
from States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
`Limitation on General Operating Expenses' account, the Federal
Transit Administration's `Transit Planning and Research' account,
and to the Federal Railroad Administration's `Railroad Safety'
account, except for State rail safety inspectors participating in
training pursuant to 49 U.S.C. 20105.
SEC. 322. None of the funds in this Act shall be available to
prepare, propose, or promulgate any regulations pursuant to title V
of the Motor Vehicle Information and Cost Savings Act (49 U.S.C.
32901 et seq.) prescribing corporate average fuel economy standards
for automobiles, as defined in such title, in any model year that
differs from standards promulgated for such automobiles prior to
enactment of this section.
SEC. 323. None of the funds in this Act may be used for planning,
engineering, design, or construction of a sixth runway at the
Denver International Airport, Denver, Colorado: [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: [Italic->] Provided further [<-Italic] , That funds
may be used for activities related to planning or analysis of
airport noise issues related to the sixth runway project.
SEC. 324. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products,
for necessary expenses incurred pursuant to 49 U.S.C. 111 may be
credited to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses: [Italic->] Provided
[<-Italic] , That such funds shall not be subject to the obligation
limitation for Federal-aid highways and highway safety construction.
SEC. 325. None of the funds in this Act may be obligated or
expended for employee training which: (1) does not meet identified
needs for knowledge, skills and abilities bearing directly upon the
performance of official duties; (2) contains elements likely to
induce high levels of emotional response or psychological stress in
some participants; (3) does not require prior employee notification
of the content and methods to be used in the training and written
end of course evaluations; (4) contains any methods or content
associated with religious or quasi-religious belief systems or `new
age' belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; (5) is
offensive to, or designed to change, participants' personal values
or lifestyle outside the workplace; or (6) includes content related
to human immunodeficiency virus/acquired immune deficiency syndrome
(HIV/AIDS) other than that necessary to make employees more aware
of the medical ramifications of HIV/AIDS and the workplace rights
of HIV-positive employees.
SEC. 326. None of the funds in this Act shall, in the absence of
express authorization by Congress, be used directly or indirectly
to pay for any personal service, advertisement, telegram,
telephone, letter, printed or written matter, or other device,
intended or designed to influence in any manner a Member of
Congress, to favor or oppose, by vote or otherwise, any legislation
or appropriation by Congress, whether before or after the
introduction of any bill or resolution proposing such legislation
or appropriation: [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. 327. None of the funds in this Act may be used to support
Federal Transit Administration's field operations and oversight of
the Washington Metropolitan Area Transit Authority in any location
other than from the Washington, D.C. metropolitan area.
SEC. 328. Not to exceed $1,000,000 of the funds provided in this
Act for the Department of Transportation shall be available for the
necessary expenses of advisory committees.
SEC. 329. Notwithstanding any other provision of law, the
Secretary may use funds appropriated under this Act, or any
subsequent Act, to administer and implement the exemption
provisions of 49 CFR 580.6 and to adopt or amend exemptions from
the disclosure requirements of 49 CFR part 580 for any class or
category of vehicles that the Secretary deems appropriate.
SEC. 330. No funds other than those appropriated to the Surface
Transportation Board or fees collected by the Board shall be used
for conducting the activities of the Board.
SEC. 331. (a) COMPLIANCE WITH BUY AMERICAN ACT- None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply
with the Buy American Act (41 U.S.C. 10a-10c).
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE-
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- In the
case of any equipment or product that may be authorized to be
purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products
to the greatest extent practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE- In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING
PRODUCTS AS MADE IN AMERICA- If it has been finally determined by a
court or Federal agency that any person intentionally affixed a
label bearing a `Made in America' inscription, or any inscription
with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 332. Notwithstanding any other provision of law, receipts,
in amounts determined by the Secretary, collected from users of
fitness centers operated by or for the Department of Transportation
shall be available to support the operation and maintenance of
those facilities.
SEC. 333. None of the funds made available in this Act may be
used for improvements to the Miller Highway in New York City, New
York.
SEC. 334. None of the funds in this Act shall be available to
implement or enforce regulations that would result in the
withdrawal of a slot from an air carrier at O'Hare International
Airport under section 93.223 of title 14 of the Code of Federal
Regulations in excess of the total slots withdrawn from that air
carrier as of October 31, 1993 if such additional slot is to be
allocated to an air carrier or foreign air carrier under section
93.217 of title 14 of the Code of Federal Regulations.
SEC. 335. Notwithstanding any other provision of law, of amounts
made available under Federal Aviation Administration `Operations',
the FAA shall provide personnel at Dutch Harbor, Alaska to provide
real-time weather and runway observation and other such functions
to help ensure the safety of aviation operations.
SEC. 336. Notwithstanding 49 U.S.C. 41742, no essential air
service shall be provided to communities in the 48 contiguous
States that are located fewer than 70 highway miles from the
nearest large and medium hub airport, or that require a rate of
subsidy per passenger in excess of $200 unless such point is
greater than 210 miles from the nearest large or medium hub airport.
SEC. 337. (a) IN GENERAL- For purposes of the exception set forth
in section 29(a)(2) of the International Air Transportation
Competition Act of 1979 (Public Law 96-192; 94 Stat. 48), the term
`passenger capacity of 56 passengers or less' includes any
aircraft, except aircraft exceeding gross aircraft weight of
300,000 pounds, reconfigured to accommodate 56 or fewer passengers
if the total number of passenger seats installed on the aircraft
does not exceed 56.
(b) INCLUSION OF CERTAIN STATES IN EXEMPTION- The first sentence
of section 29(c) of the International Air Transportation
Competition Act of 1979 (Public Law 96-192; 94 Stat. 48 et seq.) is
amended by inserting `Kansas, Alabama, Mississippi,' before `and
Texas'.
(c) SAFETY ASSURANCE- The Administrator of the Federal Aviation
Administration shall monitor the safety of flight operations in the
Dallas-Fort Worth metropolitan area and take such actions as may be
necessary to ensure safe aviation operations. If the Administrator
must restrict aviation operations in the Dallas-Fort Worth area to
ensure safety, the Administrator shall notify the House and Senate
Committees on Appropriations as soon as possible that an unsafe
airspace management situation existed requiring the restrictions.
SEC. 338. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department from travel management
centers, charge card programs, the subleasing of building space,
and miscellaneous sources are to be credited to appropriations of
the Department and allocated to elements of the Department using
fair and equitable criteria and such funds shall be available until
December 31, 1998.
SEC. 339. Notwithstanding any other provision of law, the
Department of the Navy is directed to transfer the USNS EDENTON
(ATS-1), currently in Inactive Ship status, to the United States
Coast Guard.
SEC. 340. (a) FINDINGS- The Congress finds that--
(1) Congress has the authority under article I, section 8 of
the Constitution to regulate the air commerce of the United
States;
(2) section 47107 of title 49, United States Code, prohibits
the diversion of certain revenue generated by a public airport
as a condition of receiving a project grant;
(3) a grant recipient that uses airport revenues for purposes
that are not airport-related in a manner inconsistent with
chapter 471 of title 49, United States Code, illegally diverts
airport revenues;
(4) illegal diversion of airport revenues undermines the
interest of the United States in promoting a strong national
air transportation system;
(5) the policy of the United States that airports should be
as self-sustaining as possible and that revenues generated at
airports should not be diverted from airport purposes was
stated by Congress in 1982 and reaffirmed and strengthened in
1987, 1994, and 1996;
(6) certain airports are constructed on lands that may have
belonged, at one time, to Native Americans, Native Hawaiians,
or Alaska Natives;
(7) contrary to the prohibition against diverting airport
revenues from airport purposes under section 47107 of title 49,
United States Code, certain payments from airport revenues may
have been made for the betterment of Native Americans, Native
Hawaiians, or Alaska Natives based upon the claims related to
lands ceded to the United States;
(8) Federal law prohibits diversions of airport revenues
obtained from any source whatsoever to occur in the future
whether related to claims for periods of time prior to or after
the date of enactment of this Act; and
(9) because of the special circumstances surrounding such
past diversions of airport revenues for the betterment of
Native Americans, Native Hawaiians, or Alaska Natives, it is in
the national interest that amounts from airport revenues
previously received by any entity for the betterment of Native
Americans, Native Hawaiians, or Alaska Natives, as specified in
subsection (b) of this section, should not be subject to
repayment.
(b) TERMINATION OF REPAYMENT RESPONSIBILITY- Notwithstanding the
provisions of 47107 of title 49, United States Code, or any other
provision of law, monies paid for claims related to ceded lands and
diverted from airport revenues and received prior to April 1, 1996,
by any entity for the betterment of Native Americans, Native
Hawaiians, or Alaska Natives, shall not be subject to repayment.
(c) PROHIBITION ON FURTHER DIVERSION- There shall be no further
payment of airport revenues for claims related to ceded lands,
whether characterized as operating expenses, rent, or otherwise,
and whether related to claims for periods of time prior to or after
the date of enactment of this Act.
(d) CLARIFICATION- Nothing in this Act shall be construed to
affect any existing Federal statutes, enactments, or trust
obligations created thereunder, or any statute of the several
States that define the obligations of such States to Native
Americans, Native Hawaiians, or Alaska Natives in connection with
ceded lands, except to make clear that airport revenues may not be
used to satisfy such obligations.
SEC. 341. LIMITATION ON FUNDS USED TO ENFORCE REGULATIONS
REGARDING ANIMAL FATS AND VEGETABLE OILS- None of the funds made
available in this Act may be used by the Coast Guard to issue,
implement, or enforce a regulation or to establish an
interpretation or guideline under the Edible Oil Regulatory Reform
Act (Public Law 104-55), or the amendments made by that Act, that
does not recognize and provide for, with respect to fats, oils, and
greases (as described in that Act, or the amendments made by that
Act) differences in--
(1) physical, chemical, biological, and other relevant
properties; and
(2) environmental effects.
SEC. 342. Notwithstanding the provisions of any other law, rule
or regulation, the Secretary of Transportation is authorized to
allow the issuer of any preferred stock heretofore sold to the
Department to redeem or repurchase such stock upon the payment to
the Department of an amount determined by the Secretary.
SEC. 343. Subsection (d)(4) of 49 U.S.C. 31112 is amended by
striking `September 30, 1997' and inserting `February 28, 1998'.
SEC. 344. None of the funds in this Act shall be used to enforce
against air carriers, conducting operations under part 135 of the
Federal Aviation Administration (FAA) regulations (14 CFR 135.1 et
seq.) that are not scheduled operations (as defined in 14 CFR
119.3), the requirement in section 44936(f)(1) of title 49, United
States Code that records be checked before hiring an individual as
a pilot, until the FAA determines, in writing, that it can furnish
to such air carriers the requested records within 30 days, as
required by section 44936(f)(5) of title 49, United States Code. If
the Administrator cannot make the determination, in writing, within
150 days after enactment of this Act, then the Administrator shall
report to the Committees on Appropriations, the Senate Committee on
Commerce, Science, and Transportation, and the House Committee on
Transportation and Infrastructure, the reasons why the
determination cannot be made.
SEC. 345. EXEMPTION AUTHORITY FOR AIR SERVICE TO SLOT-CONTROLLED
AIRPORTS- Section 41714 of title 49, United States Code, is amended
by adding at the end thereof the following:
`(i) EXPEDITIOUS CONSIDERATION OF CERTAIN EXEMPTION REQUESTS-
Within 120 days after receiving an application for an exemption
under subsection (a)(2) to improve air service between a nonhub
airport (as defined in section 41731(a)(4)) and a high density
airport subject to the exemption authority under subsection (a),
the Secretary shall grant or deny the exemption. The Secretary
shall notify the Senate Committee on Commerce, Science, and
Transportation and the House Committee on Transportation and
Infrastructure of the grant or denial within 14 calendar days after
the determination and state the reasons for the determination.'.
SEC. 346. (a) As soon as practicable after the date of enactment
of this Act, the Secretary of Transportation, acting for the
Department of Transportation, may take receipt of such equipment
and sites of the Ground Wave Emergency Network (referred to in this
section as `GWEN') as the Secretary of Transportation determines to
be necessary for the establishment of a nationwide system to be
known as the `Nationwide Differential Global Positioning System'
(referred to in this section as `NDGPS').
(b) As soon as practicable after the date of enactment of this
Act, the Secretary of Transportation may establish the NDGPS. In
establishing the NDGPS, the Secretary of Transportation may--
(1) if feasible, reuse GWEN equipment and sites transferred
to the Department of Transportation under subsection (a);
(2) to the maximum extent practicable, use contractor
services to install the NDGPS;
(3) modify the positioning system operated by the Coast Guard
at the time of the establishment of the NDGPS to integrate the
reference stations made available pursuant to subsection (a);
(4) in cooperation with the Secretary of Commerce, ensure
that the reference stations referred to in paragraph (3) are
compatible with, and integrated into, the Continuously
Operating Reference Station (commonly referred to as `CORS')
system of the National Geodetic Survey of the Department of
Commerce; and
(5) in cooperation with the Secretary of Commerce,
investigate the use of the NDGPS reference stations for the
Global Positioning System Integrated Precipitable Water Vapor
System of the National Oceanic and Atmospheric Administration.
(c) The Secretary of Transportation may--
(1) manage and operate the NDGPS;
(2) ensure that the service of the NDGPS is provided without
the assessment of any user fee; and
(3) in cooperation with the Secretary of Defense, ensure that
the use of the NDGPS is denied to any enemy of the United States.
(d) In any case in which the Secretary of Transportation
determines that contracting for the maintenance of 1 or more NDGPS
reference stations is cost-effective, the Secretary of
Transportation may enter into a contract to provide for that
maintenance.
(e) The Secretary of Transportation may--
(1) in cooperation with appropriate representatives of
private industries and universities and officials of State
governments--
(A) investigate improvements (including potential
improvements) to the NDGPS;
(B) develop standards for the NDGPS; and
(C) sponsor the development of new applications for the
NDGPS; and
(2) provide for the continual upgrading of the NDGPS to
improve performance and address the needs of--
(A) the Federal Government;
(B) State and local governments; and
(C) the general public.
SEC. 347. The Secretary of Transportation is authorized to
transfer funds appropriated to the Coast Guard in Public Law
102-368 in order to pay rent assessments by the General Services
Administration related to prior year space needs of the D
epartment: [Italic->] Provided [<-Italic] , That prior to any such
transfer, notification shall be provided to the House and Senate
Committees on Appropriations.
SEC. 348. (a) Subsection (b) of section 642 of the Treasury and
General Government Appropriations Act, 1998, is amended by
inserting `other than a Member of Congress,' after `Code,'.
(b) Paragraph (1) of section 642(c) of such Act is amended by
striking `(1)(A) subject to subparagraph (B),' and inserting `(1)',
and by striking `December 31, 1998' and all that follows through
the end and inserting `December 31, 1998;'.
This Act may be cited as the `Department of Transportation and
Related Agencies Appropriations Act, 1998'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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