[DOCID: f:h2169enr.txt]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Transportation and related agencies
for the fiscal year ending September 30, 1998, and for other purposes,
namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Salaries and Expenses
For necessary expenses of the Office of the Secretary, $61,000,000,
of which not to exceed $40,000 shall be available as the Secretary may
determine for allocation within the Department for official reception
and representation expenses: Provided, That notwithstanding any other
provision of law, there may be credited to this appropriation up to
$1,000,000 in funds received in user fees: Provided further, That none
of the funds appropriated in this Act or otherwise made available may
be used to maintain custody of airline tariffs that are already
available for public and departmental access at no cost; to secure them
against detection, alteration, or tampering; and open to inspection by
the Department.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $5,574,000.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation planning,
research, systems development, and development activities, to remain
available until expended, $4,400,000.
Transportation Administrative Service Center
Necessary expenses for operating costs and capital outlays of the
Transportation Administrative Service Center, not to exceed
$121,800,000, shall be paid from appropriations made available to the
Department of Transportation: Provided, That such services shall be
provided on a competitive basis to entities within the Department of
Transportation: Provided further, That the above limitation on
operating expenses shall not apply to non-DOT entities: Provided
further, That no funds appropriated in this Act to an agency of the
Department shall be transferred to the Transportation Administrative
Service Center without the approval of the agency modal administrator:
Provided further, That no assessments may be levied against any
program, budget activity, subactivity or project funded by this Act
unless notice of such assessments and the basis therefor are presented
to the House and Senate Committees on Appropriations and are approved
by such Committees.
Payments to Air Carriers
(rescission of contract authorization)
(airport and airway trust fund)
Of the budgetary resources provided for ``Small Community Air
Service'' by Public Law 101-508, for fiscal year 1998, $38,600,000 are
rescinded.
Minority Business Resource Center Program
For the cost of direct loans, $1,500,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct loans
not to exceed $15,000,000. In addition, for administrative expenses to
carry out the direct loan program, $400,000.
Minority Business Outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $2,900,000, of which $2,635,000 shall remain
available until September 30, 1999: Provided, That notwithstanding 49
U.S.C. 332, these funds may be used for business opportunities related
to any mode of transportation.
COAST GUARD
Operating Expenses
(including transfer of funds)
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase of not to exceed five
passenger motor vehicles for replacement only; payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and
recreation and welfare; $2,715,400,000, of which $300,000,000 shall be
available for defense-related activities and $25,000,000 shall be
derived from the Oil Spill Liability Trust Fund: Provided, That the
number of aircraft on hand at any one time shall not exceed 212,
exclusive of aircraft and parts stored to meet future attrition:
Provided further, That none of the funds appropriated in this or any
other Act shall be available for pay or administrative expenses in
connection with shipping commissioners in the United States: Provided
further, That none of the funds provided in this Act shall be available
for expenses incurred for yacht documentation under 46 U.S.C. 12109,
except to the extent fees are collected from yacht owners and credited
to this appropriation: Provided further, That the Commandant shall
reduce both military and civilian employment levels for the purpose of
complying with Executive Order No. 12839: Provided further, That
$34,300,000 of the funds provided under this heading for increased drug
interdiction activities are not available for obligation until the
Director, Office of National Drug Control Policy: (1) reviews the
specific activities and associated costs and benefits proposed by the
Coast Guard; (2) compares those activities to other drug interdiction
efforts Government-wide; and (3) certifies, in writing, to the House
and Senate Committees on Appropriations that such expenditures
represent the best investment relative to other options: Provided
further, That should the Director, Office of National Drug Control
Policy decline to make such certification, after notification in
writing to the House and Senate Committees on Appropriations, the
Director may transfer, at his discretion, up to $34,300,000 of funds
provided herein for Coast Guard drug interdiction activities to any
other entity of the Federal Government for drug interdiction
activities: Provided further, That up to $615,000 in user fees
collected pursuant to section 1111 of Public Law 104-324 shall be
credited to this appropriation as offsetting collections in fiscal year
1998.
Acquisition, Construction, and Improvements
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto, $397,850,000, of which
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund;
of which $212,100,000 shall be available to acquire, repair, renovate
or improve vessels, small boats and related equipment, to remain
available until September 30, 2002; $25,800,000 shall be available to
acquire new aircraft and increase aviation capability, to remain
available until September 30, 2000; $44,650,000 shall be available for
other equipment, to remain available until September 30, 2000;
$68,300,000 shall be available for shore facilities and aids to
navigation facilities, to remain available until September 30, 2000;
and $47,000,000 shall be available for personnel compensation and
benefits and related costs, to remain available until September 30,
1999: Provided, That funds received from the sale of HU-25 aircraft
shall be credited to this appropriation for the purpose of acquiring
new aircraft and increasing aviation capacity: Provided further, That
the Commandant may dispose of surplus real property by sale or lease
and the proceeds shall be credited to this appropriation, of which not
more than $9,000,000 shall be credited as offsetting collections to
this account, to be available for the purposes of this account:
Provided further, That the amount herein appropriated from the General
Fund shall be reduced by such amount: Provided further, That any
proceeds from the sale or lease of Coast Guard surplus real property in
excess of $9,000,000 shall be retained and remain available until
expended, but shall not be available for obligation until October 1,
1998: Provided further, That the Secretary, acting through the
Commandant, may enter into a long-term Use Agreement with the City of
Unalaska for dedicated pier space on the municipal dock necessary to
support Coast Guard enforcement vessels when such vessels call on the
Port of Dutch Harbor, Alaska.
Environmental Compliance and Restoration
For necessary expenses to carry out the Coast Guard's environmental
compliance and restoration functions under chapter 19 of title 14,
United States Code, $21,000,000, to remain available until expended.
Alteration of Bridges
For necessary expenses for alteration or removal of obstructive
bridges, $17,000,000, to remain available until expended.
Retired Pay
For retired pay, including the payment of obligations therefor
otherwise chargeable to lapsed appropriations for this purpose, and
payments under the Retired Serviceman's Family Protection and Survivor
Benefits Plans, and for payments for medical care of retired personnel
and their dependents under the Dependents Medical Care Act (10 U.S.C.
ch. 55); $653,196,000.
Reserve Training
(including transfer of funds)
For all necessary expenses of the Coast Guard Reserve, as
authorized by law; maintenance and operation of facilities; and
supplies, equipment, and services; $67,000,000: Provided, That no more
than $20,000,000 of funds made available under this heading may be
transferred to Coast Guard ``Operating expenses'' or otherwise made
available to reimburse the Coast Guard for financial support of the
Coast Guard Reserve.
Research, Development, Test, and Evaluation
For necessary expenses, not otherwise provided for, for applied
scientific research, development, test, and evaluation; maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law, $19,000,000, to remain available until expended, of
which $3,500,000 shall be derived from the Oil Spill Liability Trust
Fund: Provided, That there may be credited to this appropriation funds
received from State and local governments, other public authorities,
private sources, and foreign countries, for expenses incurred for
research, development, testing, and evaluation.
Boat Safety
(aquatic resources trust fund)
For payment of necessary expenses incurred for recreational boating
safety assistance under Public Law 92-75, as amended, $35,000,000, to
be derived from the Boat Safety Account and to remain available until
expended.
FEDERAL AVIATION ADMINISTRATION
Operations
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities
and the operation (including leasing) and maintenance of aircraft, and
carrying out the provisions of subchapter I of chapter 471 of title 49,
United States Code, or other provisions of law authorizing the
obligation of funds for similar programs of airport and airway
development or improvement, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made available by
Public Law 104-264, $5,301,934,000, of which $1,901,628,000 shall be
derived from the Airport and Airway Trust Fund: Provided, That none of
the funds in this Act shall be available for the Federal Aviation
Administration to plan, finalize, or implement any regulation that
would promulgate new aviation user fees not specifically authorized by
law after the date of enactment of this Act: Provided further, That
there may be credited to this appropriation funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources, for expenses incurred in the
provision of agency services, including receipts for the maintenance
and operation of air navigation facilities, and for issuance, renewal
or modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be available
for new applicants for the second career training program: Provided
further, That none of the funds in this Act shall be available for
paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation
Administration employee unless such employee actually performed work
during the time corresponding to such premium pay: Provided further,
That none of the funds in this Act may be obligated or expended to
operate a manned auxiliary flight service station in the contiguous
United States: Provided further, That none of the funds derived from
the Airport and Airway Trust Fund may be used to support the operations
and activities of the Associate Administrator for Commercial Space
Transportation: Provided further, That up to $5,000 of funds
appropriated under this heading may be used for activities under the
Aircraft Purchase Loan Guarantee Program.
Facilities and Equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, and improvement by contract or purchase,
and hire of air navigation and experimental facilities and equipment as
authorized under part A of subtitle VII of title 49, United States
Code, including initial acquisition of necessary sites by lease or
grant; engineering and service testing, including construction of test
facilities and acquisition of necessary sites by lease or grant; and
construction and furnishing of quarters and related accommodations for
officers and employees of the Federal Aviation Administration stationed
at remote localities where such accommodations are not available; and
the purchase, lease, or transfer of aircraft from funds available under
this head; to be derived from the Airport and Airway Trust Fund,
$1,875,477,000, of which $1,656,367,000 shall remain available until
September 30, 2000, and of which $219,110,000 shall remain available
until September 30, 1998: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment and modernization of air navigation facilities.
Research, Engineering, and Development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $199,183,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2000: Provided, That
there may be credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and private
sources, for expenses incurred for research, engineering, and
development: Provided further, That none of the funds in this Act may
be obligated or expended for the ``Flight 2000'' Program.
Grants-in-Aid for Airports
(liquidation of contract authorization)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and for noise compatibility planning
and programs as authorized under subchapter I of chapter 471 and
subchapter I of chapter 475 of title 49, United States Code, and under
other law authorizing such obligations, $1,600,000,000, to be derived
from the Airport and Airway Trust Fund and to remain available until
expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the obligations for
which are in excess of $1,700,000,000 in fiscal year 1998 for grants-
in-aid for airport planning and development, and noise compatibility
planning and programs, notwithstanding section 47117(h) of title 49,
United States Code: Provided further, That discretionary funds
available for noise planning and mitigation shall not exceed
$200,000,000 and discretionary funds available for the military airport
program shall not exceed $26,000,000.
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: Provided, That
$241,708,000 of the amount provided herein shall remain available until
September 30, 2000.
Appalachian Development Highway System
For carrying out the provisions of section 1069(y) of Public Law
102-240, relating to construction of, and improvements to, corridors of
the Appalachian Development Highway System, $300,000,000 to remain
available until expended: Provided, That none of the funds provided
under this heading shall be available for engineering, design, right-
of-way acquisition, or major construction of the Appalachian
Development Highway System between I-81 in Virginia and the community
of Wardensville, West Virginia.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
None 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: Provided, That none of the funds in
this Act shall be available for the implementation or execution of
programs the obligations for which are in excess of $84,825,000 for
``Motor Carrier Safety Grants''.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Operations and Research
For expenses necessary to discharge the functions of the Secretary
with respect to traffic and highway safety under part C of subtitle VI
of title 49, United States Code, and chapter 301 of title 49, United
States Code, $74,901,000, of which $40,674,000 shall remain available
until September 30, 2000: Provided, That none of the funds appropriated
by this Act may be obligated or expended to plan, finalize, or
implement any rulemaking to add to section 575.104 of title 49 of the
Code of Federal Regulations any requirement pertaining to a grading
standard that is different from the three grading standards (treadwear,
traction, and temperature resistance) already in effect.
Operations and Research
(highway trust fund)
For expenses necessary to discharge the functions of the Secretary
with respect to traffic and highway safety under 23 U.S.C. 403 and
section 2006 of the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240), to be derived from the Highway Trust Fund,
$72,061,000, of which $49,520,000 shall remain available until
September 30, 2000.
Highway Traffic Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred carrying out the provisions of
23 U.S.C. 153, 402, 408, and 410, and chapter 303 of title 49, United
States Code, to remain available until expended, $186,000,000, to be
derived from the Highway Trust Fund: Provided, That, notwithstanding
subsection 2009(b) of the Intermodal Surface Transportation Efficiency
Act of 1991, none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for which, in
fiscal year 1998, are in excess of $186,500,000 for programs authorized
under 23 U.S.C. 402, 410, and chapter 303 of title 49, United States
Code, of which $149,700,000 shall be for ``State and community highway
safety grants'', $2,300,000 shall be for the ``National Driver
Register'', and $34,500,000 shall be for section 410 ``Alcohol-impaired
driving counter-measures programs'': Provided further, That none of
these funds shall be used for construction, rehabilitation or
remodeling costs, or for office furnishings and fixtures for State,
local, or private buildings or structures: Provided further, That not
to exceed $5,268,000 of the funds made available for section 402 may be
available for administering ``State and community highway safety
grants'': Provided further, That not to exceed $150,000 of the funds
made available for section 402 may be available for administering the
highway safety grants authorized by section 1003(a)(7) of Public Law
102-240: Provided further, That not to exceed $500,000 of the funds
made available for section 410 ``Alcohol-impaired driving counter-
measures programs'' shall be available for technical assistance to the
States.
FEDERAL RAILROAD ADMINISTRATION
Office of the Administrator
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $20,290,000, of which $1,389,000 shall remain
available until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of a program making
commitments to guarantee new loans under the Emergency Rail Services
Act of 1970, as amended, and no new commitments to guarantee loans
under section 211(a) or 211(h) of the Regional Rail Reorganization Act
of 1973, as amended, shall be made: Provided further, That, as part of
the Washington Union Station transaction in which the Secretary assumed
the first deed of trust on the property and, where the Union Station
Redevelopment Corporation or any successor is obligated to make
payments on such deed of trust on the Secretary's behalf, including
payments on and after September 30, 1988, the Secretary is authorized
to receive such payments directly from the Union Station Redevelopment
Corporation, credit them to the appropriation charged for the first
deed of trust, and make payments on the first deed of trust with those
funds: Provided further, That such additional sums as may be necessary
for payment on the first deed of trust may be advanced by the
Administrator from unobligated balances available to the Federal
Railroad Administration, to be reimbursed from payments received from
the Union Station Redevelopment Corporation.
Railroad Safety
For necessary expenses in connection with railroad safety, not
otherwise provided for, $57,067,000, of which $5,511,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated under this heading are available
for the reimbursement of out-of-state travel and per diem costs
incurred by employees of State governments directly supporting the
Federal railroad safety program, including regulatory development and
compliance-related activities.
Railroad Research and Development
For necessary expenses for railroad research and development,
$20,758,000, to remain available until expended.
Northeast Corridor Improvement Program
For necessary expenses related to Northeast Corridor improvements
authorized by title VII of the Railroad Revitalization and Regulatory
Reform Act of 1976, as amended (45 U.S.C. 851 et seq.) and 49 U.S.C.
24909, $250,000,000, to remain available until September 30, 2000, of
which $12,000,000 shall be for the Pennsylvania Station Redevelopment
Project.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, in such amounts and at such times
as may be necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under sections 511
through 513 of such Act, such authority to exist as long as any such
guaranteed obligation is outstanding: Provided, That no new loan
guarantee commitments shall be made during fiscal year 1998.
Next Generation High-Speed Rail
For necessary expenses for Next Generation High-Speed Rail studies,
corridor planning, development, demonstration, and implementation,
$20,395,000, to remain available until expended: Provided, That funds
under this heading may be made available for grants to States for high-
speed rail corridor design, feasibility studies, environmental
analyses, and track and signal improvements.
Alaska Railroad Rehabilitation
To enable the Secretary of Transportation to make grants to the
Alaska Railroad, $15,280,000 shall be for capital rehabilitation and
improvements benefiting its passenger operations.
Rhode Island Rail Development
For the costs associated with construction of a third track on the
Northeast Corridor between Davisville and Central Falls, Rhode Island,
with sufficient clearance to accommodate double stack freight cars,
$10,000,000, to be matched by the State of Rhode Island or its designee
on a dollar-for-dollar basis and to remain available until expended:
Provided, That as a condition of accepting such funds, the Providence
and Worcester (P&W) Railroad shall enter into an agreement with the
Secretary to reimburse Amtrak and/or the Federal Railroad
Administration, on a dollar-for-dollar basis, up to the first
$23,000,000 in damages resulting from the legal action initiated by the
P&W Railroad under its existing contracts with Amtrak relating to the
provision of vertical clearances between Davisville and Central Falls
in excess of those required for present freight operations.
Grants to the National Railroad Passenger Corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation authorized by 49 U.S.C. 24104,
$543,000,000, to remain available until expended, of which $344,000,000
shall be available for operating losses, and $199,000,000 shall be for
capital improvements: Provided, That if Amtrak reform legislation as
required by section 977(f) of the Taxpayer Relief Act of 1997 is
enacted into law prior to the distribution by the Secretary of any of
the funds appropriated above for capital improvements, then the portion
of this appropriation made available for capital improvements shall not
be available for obligation and the Secretary shall not transfer any of
the funds appropriated under this heading for capital improvements to
Amtrak: Provided further, That in the event Amtrak reform legislation
required by section 977(f) of the Taxpayer Relief Act of 1997 is
enacted into law after the distribution of some or all of the funds
appropriated under this account for capital improvements are
transferred by the Secretary to Amtrak, then the Secretary of the
Treasury shall reduce the amount refunded to Amtrak under section 977
of the Taxpayer Relief Act of 1997 by an amount equal to the funds
distributed to Amtrak under this heading for capital improvements and
the portion of this appropriation made available for capital
improvements shall not be available for obligation and no additional
funds appropriated under this heading shall be transferred by the
Secretary to Amtrak for capital improvements: Provided further, That
none of the funds provided for capital improvements may be transferred
to operating losses to pay for debt service interest unless
specifically authorized by law after the date of enactment of this Act:
Provided further, That the incurring of any obligation or commitment by
the Corporation for the purchase of capital improvements with funds
appropriated herein which is prohibited by this Act shall be deemed a
violation of 31 U.S.C. 1341: Provided further, That funding under this
heading for capital improvements shall not be made available before
July 1, 1998: Provided further, That none of the funds herein
appropriated shall be used for lease or purchase of passenger motor
vehicles or for the hire of vehicle operators for any officer or
employee, other than the president of the Corporation, excluding the
lease of passenger motor vehicles for those officers or employees while
in official travel status.
FEDERAL TRANSIT ADMINISTRATION
Administrative Expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $45,738,000: Provided, That none of the funds in this Act
shall be available for the execution of contracts under section 5327(c)
of title 49, United States Code, in an aggregate amount that exceeds
$15,000,000.
Formula Grants
For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2),
5311, and 5336, to remain available until expended, $240,000,000:
Provided, That no more than $2,500,000,000 of budget authority shall be
available for these purposes: Provided further, That of the funds
provided under this heading for formula grants, no more than
$150,000,000 may be used for operating assistance under 49 U.S.C.
5336(d): Provided further, That the limitation on operating assistance
provided under this heading shall, for urbanized areas of less than
200,000 in population, be no less than 75 percent of the amount of
operating assistance such areas are eligible to receive under Public
Law 103-331: Provided further, That in the distribution of the
limitation provided under this heading to urbanized areas that had a
population under the 1990 census of 1,000,000 or more, the Secretary
shall direct each such area to give priority consideration to the
impact of reductions in operating assistance on smaller transit
authorities operating within the area and to consider the needs and
resources of such transit authorities when the limitation is
distributed among all transit authorities operating in the area.
University Transportation Centers
For necessary expenses for university transportation centers as
authorized by 49 U.S.C. 5317(b), to remain available until expended,
$6,000,000.
Transit Planning and Research
For necessary expenses for transit planning and research as
authorized by 49 U.S.C. 5303, 5311, 5313, 5314, and 5315, to remain
available until expended, $92,000,000, of which $39,500,000 shall be
for activities under Metropolitan Planning (49 U.S.C. 5303); $4,500,000
for activities under Rural Transit Assistance (49 U.S.C. 5311(b)(2));
$8,250,000 for activities under State Planning and Research (49 U.S.C.
5313(b)); $36,750,000 for activities including National Planning and
Research (49 U.S.C. 5314 and 5313(a)); and $3,000,000 for National
Transit Institute (49 U.S.C. 5315).
Trust Fund Share of Expenses
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C.
5338(a), $2,210,000,000, to remain available until expended and to be
derived from the Highway Trust Fund: Provided, That $2,210,000,000
shall be paid from the Mass Transit Account of the Highway Trust Fund
to the Federal Transit Administration's formula grants account.
Discretionary Grants
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs the obligations for which are
in excess of $2,000,000,000 in fiscal year 1998 for grants under the
contract authority in 49 U.S.C. 5338(b): Provided, That there shall be
available for fixed guideway modernization, $800,000,000; there shall
be available for the replacement, rehabilitation, and purchase of buses
and related equipment and the construction of bus-related facilities,
$400,000,000; and there shall be available for new fixed guideway
systems $800,000,000, to be available as follows:
$44,600,000 for the Atlanta-North Springs project;
$1,000,000 for the Austin Capital metro project;
$46,250,000 for the Boston Piers MOS-2 project;
$1,000,000 for the Boston urban ring project;
$5,000,000 for the Burlington-Essex, Vermont commuter rail
project;
$2,000,000 for the Canton-Akron-Cleveland commuter rail
project;
$1,500,000 for the Charleston monobeam rail project;
$1,000,000 for the Charlotte South corridor transitway project;
$500,000 for the Cincinnati Northeast/Northern Kentucky rail
line project;
$5,000,000 for the Clark County, Nevada fixed guideway project;
$800,000 for the Cleveland Blue Line extension to Highland
Hills project;
$700,000 for the Cleveland Berea Red Line extension to Hopkins
International Airport;
$1,000,000 for the Cleveland Waterfront Line extension project;
$8,000,000 for the Dallas-Fort Worth RAILTRAN project;
$11,000,000 for the DART North Central light rail extension
project;
$1,000,000 for the DeKalb County, Georgia light rail project;
$23,000,000 for the Denver Southwest Corridor project;
$20,000,000 for the New York East Side access project;
$8,000,000 for the Florida Tri-County commuter rail project;
$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: Provided, That up to
$1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited
in the general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
Pipeline Safety
(pipeline safety fund)
(oilspill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$31,300,000, of which $3,300,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2000; and of which $28,000,000 shall be derived from the Pipeline
Safety Fund, of which $14,839,000 shall remain available until
September 30, 2000: Provided, That in addition to amounts made
available for the Pipeline Safety Fund, $1,100,000 shall be available
for grants to States for the development and establishment of one-call
notification systems and shall be derived from amounts previously
collected under 49 U.S.C. 60301, and that an additional $365,000 in
amounts previously collected under 49 U.S.C. 60301 is available to
conduct general functions of the pipeline safety program.
Emergency Preparedness Grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2000: Provided, That none of the funds made
available by 49 U.S.C. 5116(i) and 5127(d) shall be made available for
obligation by individuals other than the Secretary of Transportation,
or his designee.
OFFICE OF INSPECTOR GENERAL
Salaries and Expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$42,000,000: Provided, That none of the funds under this heading shall
be for the conduct of contract audits.
SURFACE TRANSPORTATION BOARD
Salaries and Expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $13,853,000: Provided,
That $2,000,000 in fees collected in fiscal year 1998 by the Surface
Transportation Board pursuant to 31 U.S.C. 9701 shall be made available
to this appropriation in fiscal year 1998: Provided further, That any
fees received in excess of $2,000,000 in fiscal year 1998 shall remain
available until expended, but shall not be available for obligation
until October 1, 1998.
TITLE II
RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
Salaries and Expenses
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $3,640,000: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.
NATIONAL TRANSPORTATION SAFETY BOARD
Salaries and Expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-18; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$48,371,000, of which not to exceed $2,000 may be used for official
reception and representation expenses.
Emergency Fund
For necessary expenses of the National Transportation Safety Board
for accident investigations, including hire of passenger motor vehicles
and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
a GS-18; uniforms, or allowances therefor, as authorized by law (5
U.S.C. 5901-5902), $1,000,000, to remain available until expended.
TITLE III
GENERAL PROVISIONS
(including transfers of funds)
Sec. 301. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 302. Such sums as may be necessary for fiscal year 1998 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 303. 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: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 306. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 307. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 308. The Secretary of Transportation may enter into grants,
cooperative agreements, and other transactions with any person, agency,
or instrumentality of the United States, any unit of State or local
government, any educational institution, and any other entity in
execution of the Technology Reinvestment Project authorized under the
Defense Conversion, Reinvestment and Transition Assistance Act of 1992
and related legislation: Provided, That the authority provided in this
section may be exercised without regard to section 3324 of title 31,
United States Code.
Sec. 309. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to section
3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 310. (a) For fiscal year 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: Provided, That amounts made
available under section 6005 of Public Law 102-240 shall be subject
to the obligation limitation for Federal-aid highways and highway
safety construction programs under the heading ``Federal-Aid
Highways'' in this Act.
(d) During the period October 1 through December 31, 1997, the
aggregate amount of obligations under section 157 of title 23, United
States Code, for projects covered under section 147 of the Surface
Transportation Assistance Act of 1978, section 9 of the Federal-Aid
Highway Act of 1981, sections 131(b), 131(j), and 404 of Public Law 97-
424, sections 1061, 1103-1108, 4008, 6023(b)(8), and 6023(b)(10) of
Public Law 102-240, and for projects authorized by Public Law 99-500
and Public Law 100-17, shall not exceed $277,431,840.
(e) Notwithstanding any other provision of law, none of the funds
in this Act shall be available for the distribution of bonus limitation
under the Federal-aid highways program.
Sec. 311. 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:
Provided, That this limitation does not apply to a contract in which
the Federal Government incurs no financial liability from not buying
additional systems, subsystems, or components beyond the basic contract
requirements.
Sec. 316. For the purposes of funds made available under the
heading ``Formula Grants'', the term ``Capital Project'' includes a
project for--
(A)(i) acquisition, construction, supervision, or inspection of
a facility or equipment, including inspection thereof, for use in
mass transportation; and
(ii) expenses incidental to the acquisition or construction
(including designing, engineering, location survey, mapping,
acquiring rights-of-way, associated pre-revenue startup costs, and
environmental mitigation), payments for rail trackage rights,
intelligent transportation systems, relocation assistance,
acquiring replacement housing sites, and acquiring, constructing,
relocating, and rehabilitating replacement housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance; and
(F) financing the operating costs of equipment and facilities
used in mass transportation in urbanized areas with a population of
less than 200,000.
Sec. 317. Notwithstanding any other provision of law, and except
for fixed guideway modernization projects, funds made available by this
Act under ``Federal Transit Administration, Discretionary grants'' for
projects specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 2000, shall be made available
for other projects under 49 U.S.C. 5309.
Sec. 318. Notwithstanding any other provision of law, any funds
appropriated before October 1, 1993, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 319. None of the funds in this Act may be used to compensate
in excess of 350 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 1998.
Sec. 320. Funds provided in this Act for the Transportation
Administrative Service Center (TASC) shall be reduced by $3,000,000,
which limits fiscal year 1998 TASC obligational authority for elements
of the Department of Transportation funded in this Act to no more than
$118,800,000: Provided, That such reductions from the budget request
shall be allocated by the Department of Transportation to each
appropriations account in proportion to the amount included in each
account for the Transportation Administrative Service Center.
Sec. 321. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration
from States, counties, municipalities, other public authorities, and
private sources for expenses incurred for training may be credited
respectively to the Federal Highway Administration's ``Limitation on
General Operating Expenses'' account, the Federal Transit
Administration's ``Transit Planning and Research'' account, and to the
Federal Railroad Administration's ``Railroad Safety'' account, except
for State rail safety inspectors participating in training pursuant to
49 U.S.C. 20105.
Sec. 322. None of the funds in this Act shall be available to
prepare, propose, or promulgate any regulations pursuant to title V of
the Motor Vehicle Information and Cost Savings Act (49 U.S.C. 32901 et
seq.) prescribing corporate average fuel economy standards for
automobiles, as defined in such title, in any model year that differs
from standards promulgated for such automobiles prior to enactment of
this section.
Sec. 323. None of the funds in this Act may be used for planning,
engineering, design, or construction of a sixth runway at the Denver
International Airport, Denver, Colorado: Provided, That this provision
shall not apply in any case where the Administrator of the Federal
Aviation Administration determines, in writing, that safety conditions
warrant obligation of such funds: Provided further, That funds may be
used for activities related to planning or analysis of airport noise
issues related to the sixth runway project.
Sec. 324. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited
to the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall not be
subject to the obligation limitation for Federal-aid highways and
highway safety construction.
Sec. 325. None of the funds in this Act may be obligated or
expended for employee training which: (1) does not meet identified
needs for knowledge, skills and abilities bearing directly upon the
performance of official duties; (2) contains elements likely to induce
high levels of emotional response or psychological stress in some
participants; (3) does not require prior employee notification of the
content and methods to be used in the training and written end of
course evaluations; (4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age'' belief
systems as defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; (5) is offensive to, or designed to
change, participants' personal values or lifestyle outside the
workplace; or (6) includes content related to human immunodeficiency
virus/acquired immune deficiency syndrome (HIV/AIDS) other than that
necessary to make employees more aware of the medical ramifications of
HIV/AIDS and the workplace rights of HIV-positive employees.
Sec. 326. None of the funds in this Act shall, in the absence of
express authorization by Congress, be used directly or indirectly to
pay for any personal service, advertisement, telegram, telephone,
letter, printed or written matter, or other device, intended or
designed to influence in any manner a Member of Congress, to favor or
oppose, by vote or otherwise, any legislation or appropriation by
Congress, whether before or after the introduction of any bill or
resolution proposing such legislation or appropriation: Provided, That
this shall not prevent officers or employees of the Department of
Transportation or related agencies funded in this Act from
communicating to Members of Congress on the request of any Member or to
Congress, through the proper official channels, requests for
legislation or appropriations which they deem necessary for the
efficient conduct of the public business.
Sec. 327. None of the funds in this Act may be used to support
Federal Transit Administration's field operations and oversight of the
Washington Metropolitan Area Transit Authority in any location other
than from the Washington, D.C. metropolitan area.
Sec. 328. Not to exceed $1,000,000 of the funds provided in this
Act for the Department of Transportation shall be available for the
necessary expenses of advisory committees.
Sec. 329. Notwithstanding any other provision of law, the Secretary
may use funds appropriated under this Act, or any subsequent Act, to
administer and implement the exemption provisions of 49 CFR 580.6 and
to adopt or amend exemptions from the disclosure requirements of 49 CFR
part 580 for any class or category of vehicles that the Secretary deems
appropriate.
Sec. 330. No funds other than those appropriated to the Surface
Transportation Board or fees collected by the Board shall be used for
conducting the activities of the Board.
Sec. 331. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of American-made equipment and products.--In the
case of any equipment or product that may be authorized to be
purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products to
the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing financial
assistance using funds made available in this Act, the head of each
Federal agency shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described 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 Department: Provided, 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.