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104th Congress Report HOUSE OF REPRESENTATIVES 2d Session 104-785 _______________________________________________________________________ MAKING APPROPRIATIONS FOR THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1997, AND FOR OTHER PURPOSES _______ September 16, 1996.--Ordered to be printed _______________________________________________________________________ Mr. Wolf, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany H.R. 3675] The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H.R. 3675) ``making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1997, and for other purposes,'' having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its amendments numbered 6, 7, 14, 20, 22, 23, 24, 27, 36, 50, 52, 60, 62, 64, 71, 80, 82, 88, 91, 95, 96, 97, 104, 113, 118, 121, 122, 124, 125, 126, 127, 128, 129, 131, 134, 136, 139, 140, 142, 150, 156, 158, 160, 161, 162, and 164. That the House recede from its disagreement to the amendments of the Senate numbered 2, 3, 4, 5, 15, 17, 25, 31, 32, 46, 47, 53, 56, 61, 63, 67, 69, 72, 93, 101, 102, 117, 119, 132, 137, 138, 141, 143, 144, 145, 146, 153, 154, 155, 159, 163, 165, 166, 168, 169, and 170, and agree to the same. Amendment numbered 1. That the House recede from its disagreement to the amendment of the Senate numbered 1, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $52,966,000; and the Senate agree to the same. Amendment numbered 8. That the House recede from its disagreement to the amendment of the Senate numbered 8, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $2,319,725,000; and the Senate agree to the same. Amendment numbered 9. That the House recede from its disagreement to the amendment of the Senate numbered 9, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $374,840,000; and the Senate agree to the same. Amendment numbered 10. That the House recede from its disagreement to the amendment of the Senate numbered 10, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $216,500,000; and the Senate agree to the same. Amendment numbered 11. That the House recede from its disagreement to the amendment of the Senate numbered 11, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $18,040,000; and the Senate agree to the same. Amendment numbered 12. That the House recede from its disagreement to the amendment of the Senate numbered 12, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $41,700,000; and the Senate agree to the same. Amendment numbered 13. That the House recede from its disagreement to the amendment of the Senate numbered 13, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $52,350,000; and the Senate agree to the same. Amendment numbered 16. That the House recede from its disagreement to the amendment of the Senate numbered 16, and agree to the same with an amendment, as follows: Restore the matter stricken by said amendment, amended to read as follows: : Provided further, That none of the funds in this Act may be obligated or expended to continue the ``Vessel Traffic Service (VTS) 2000'' Program: Provided further, That of the funds provided under this heading, $1,000,000 is available only for a Coast Guard analysis of future VTS system requirements which minimizes complexity and is based upon an open systems architecture maximizing use of off-the-shelf technology, to be conducted in cooperation with the maritime community and local organizations affected by the implementation of such systems; and the Senate agree to the same. Amendment numbered 18. That the House recede from its disagreement to the amendment of the Senate numbered 18, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $22,000,000; and the Senate agree to the same. Amendment numbered 19. That the House recede from its disagreement to the amendment of the Senate numbered 19, and agree to the same with an amendment, as follows: In lieu of the matter proposed by said amendment, insert: port safety development For necessary expenses for debt retirement of the Port of Portland, Oregon, without further findings and determinations, $5,000,000, to remain available until expended. And the Senate agree to the same. Amendment numbered 21. That the House recede from its disagreement to the amendment of the Senate numbered 21, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $19,200,000; and the Senate agree to the same. Amendment numbered 26. That the House recede from its disagreement to the amendment of the Senate numbered 26, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $3,182,500,000; and the Senate agree to the same. Amendment numbered 28. That the House recede from its disagreement to the amendment of the Senate numbered 28, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $1,790,000,000; and the Senate agree to the same. Amendment numbered 29. That the House recede from its disagreement to the amendment of the Senate numbered 29, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $1,573,000,000; and the Senate agree to the same. Amendment numbered 30. That the House recede from its disagreement to the amendment of the Senate numbered 30, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $187,412,000; and the Senate agree to the same. Amendment numbered 33. That the House recede from its disagreement to the amendment of the Senate numbered 33, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $521,114,000; and the Senate agree to the same. Amendment numbered 34. That the House recede from its disagreement to the amendment of the Senate numbered 34, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $221,958,000; and the Senate agree to the same. Amendment numbered 35. That the House recede from its disagreement to the amendment of the Senate numbered 35, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $18,000,000,000; and the Senate agree to the same. Amendment numbered 37. That the House recede from its disagreement to the amendment of the Senate numbered 37, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $78,225,000; and the Senate agree to the same. Amendment numbered 38. That the House recede from its disagreement to the amendment of the Senate numbered 38, and agree to the same with an amendment, as follows: In lieu of the matter proposed by said amendment, insert: state infrastructure banks To carry out the State Infrastructure Bank Pilot Program (Public Law 104-59, section 350), $150,000,000, to remain available until expended: Provided, That the Secretary may distribute these funds in a manner determined by the Secretary to any State for which a State Infrastructure Bank has been approved and the State has requested such funds: Provided further, That no distribution of funds made available under this heading shall be made prior to 180 days after the date of enactment of this Act: Provided further, That the Secretary may approve State Infrastructure Banks for more than 10 States: Provided further, That these funds shall be used to advance projects or programs under the terms and conditions of section 350: Provided further, That any State that receives such funds may deposit any portion of those funds into either the highway or transit account of the State Infrastructure Bank: Provided further, That the Secretary shall ensure that the Federal disbursements shall be at a rate consistent with historic rates for the Federal-aid highways program. And the Senate agree to the same. Amendment numbered 39. That the House recede from its disagreement to the amendment of the Senate numbered 39, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $80,900,000; and the Senate agree to the same. Amendment numbered 40. That the House recede from its disagreement to the amendment of the Senate numbered 40, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $51,712,000; and the Senate agree to the same. Amendment numbered 41. That the House recede from its disagreement to the amendment of the Senate numbered 41, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $168,100,000; and the Senate agree to the same. Amendment numbered 42. That the House recede from its disagreement to the amendment of the Senate numbered 42, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $168,100,000; and the Senate agree to the same. Amendment numbered 43. That the House recede from its disagreement to the amendment of the Senate numbered 43, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $128,700,000; and the Senate agree to the same. Amendment numbered 44. That the House recede from its disagreement to the amendment of the Senate numbered 44, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $11,500,000; and the Senate agree to the same. Amendment numbered 45. That the House recede from its disagreement to the amendment of the Senate numbered 45, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $25,500,000; and the Senate agree to the same. Amendment numbered 48. That the House recede from its disagreement to the amendment of the Senate numbered 48, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $20,100,000; and the Senate agree to the same. Amendment numbered 49. That the House recede from its disagreement to the amendment of the Senate numbered 49, and agree to the same with an amendment, as follows: In lieu of the sum named in said amendment, insert: $115,000,000; and the Senate agree to the same. Amendment numbered 51. That the House recede from its disagreement to the amendment of the Senate numbered 51, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $24,757,000; and the Senate agree to the same. Amendment numbered 54. That the House recede from its disagreement to the amendment of the Senate numbered 54, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $7,000,000; and the Senate agree to the same. Amendment numbered 55. That the House recede from its disagreement to the amendment of the Senate numbered 55, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $13,000,000; and the Senate agree to the same. Amendment numbered 57. That the House recede from its disagreement to the amendment of the Senate numbered 57, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $565,450,000; and the Senate agree to the same. Amendment numbered 58. That the House recede from its disagreement to the amendment of the Senate numbered 58, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $223,450,000; and the Senate agree to the same. Amendment numbered 59. That the House recede from its disagreement to the amendment of the Senate numbered 59, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $41,497,000; and the Senate agree to the same. Amendment numbered 65. That the House recede from its disagreement to the amendment of the Senate numbered 65, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $760,000,000; and the Senate agree to the same. Amendment numbered 66. That the House recede from its disagreement to the amendment of the Senate numbered 66, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $380,000,000; and the Senate agree to the same. Amendment numbered 68. That the House recede from its disagreement to the amendment of the Senate numbered 68, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $760,000,000; and the Senate agree to the same. Amendment numbered 70. That the House recede from its disagreement to the amendment of the Senate numbered 70, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $64,410,000; and the Senate agree to the same. Amendment numbered 73. That the House recede from its disagreement to the amendment of the Senate numbered 73, and agree to the same with an amendment, as follows: In lieu of the sum named in said amendment, insert: $1,000,000; and the Senate agree to the same. Amendment numbered 74. That the House recede from its disagreement to the amendment of the Senate numbered 74, and agree to the same with an amendment, as follows: Restore the matter stricken by said amendment, amended to read as follows: $3,500,000 for the Canton-Akron-Cleveland commuter rail project; and the Senate agree to the same. Amendment numbered 75. That the House recede from its disagreement to the amendment of the Senate numbered 75, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $22,500,000; and the Senate agree to the same. Amendment numbered 76. That the House recede from its disagreement to the amendment of the Senate numbered 76, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $11,000,000; and the Senate agree to the same. Amendment numbered 77. That the House recede from its disagreement to the amendment of the Senate numbered 77, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $15,250,000; and the Senate agree to the same. Amendment numbered 78. That the House recede from its disagreement to the amendment of the Senate numbered 78, and agree to the same with an amendment, as follows: Restore the matter stricken by said amendment, amended to read as follows: $661,000 for the DeKalb County, Georgia light rail project; and the Senate agree to the same. Amendment numbered 79. That the House recede from its disagreement to the amendment of the Senate numbered 79, and agree to the same with an amendment, as follows: Restore the matter stricken by said amendment, amended to read as follows: $1,500,000 for the Denver Southwest Corridor project; and the Senate agree to the same. Amendment numbered 81. That the House recede from its disagreement to the amendment of the Senate numbered 81, and agree to the same with an amendment, as follows: Restore the matter stricken by said amendment, amended to read as follows: $1,000,000 for the Griffin light rail project; and the Senate agree to the same. Amendment numbered 83. That the House recede from its disagreement to the amendment of the Senate numbered 83, and agree to the same with an amendment, as follows: In lieu of the sum named in said amendment, insert: $5,500,000; and the Senate agree to the same. Amendment numbered 84. That the House recede from its disagreement to the amendment of the Senate numbered 84, and agree to the same with an amendment, as follows: Restore the matter stricken by said amendment, amended to read as follows: $15,000,000 for the Jacksonville ASE extension project; and the Senate agree to the same. Amendment numbered 85. That the House recede from its disagreement to the amendment of the Senate numbered 85, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $3,000,000; and the Senate agree to the same. Amendment numbered 86. That the House recede from its disagreement to the amendment of the Senate numbered 86, and agree to the same with an amendment, as follows: In lieu of the sum named in said amendment, insert: $2,000,000; and the Senate agree to the same. Amendment numbered 87. That the House recede from its disagreement to the amendment of the Senate numbered 87, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $70,000,000; and the Senate agree to the same. Amendment numbered 89. That the House recede from its disagreement to the amendment of the Senate numbered 89, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $33,191,000; and the Senate agree to the same. Amendment numbered 90. That the House recede from its disagreement to the amendment of the Senate numbered 90, and agree to the same with an amendment, as follows: In lieu of the sum named in said amendment, insert: $1,500,000; and the Senate agree to the same. Amendment numbered 92. That the House recede from its disagreement to the amendment of the Senate numbered 92, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $3,039,000; and the Senate agree to the same. Amendment numbered 94. That the House recede from its disagreement to the amendment of the Senate numbered 94, and agree to the same with an amendment, as follows: Restore the matter stricken by said amendment, amended to read as follows: $500,000 for the New Jersey West Trenton commuter rail project; and the Senate agree to the same. Amendment numbered 98. That the House recede from its disagreement to the amendment of the Senate numbered 98, and agree to the same with an amendment, as follows: In lieu of the sum named in said amendment, insert: $2,000,000; and the Senate agree to the same. Amendment numbered 99. That the House recede from its disagreement to the amendment of the Senate numbered 99, and agree to the same with an amendment, as follows: Restore the matter stricken by said amendment, amended to read as follows: $3,000,000 for the Orange County transitway project; and the Senate agree to the same. Amendment numbered 100. That the House recede from its disagreement to the amendment of the Senate numbered 100, and agree to the same with an amendment, as follows: In lieu of the sum named in said amendment, insert: $10,000,000; and the Senate agree to the same. Amendment numbered 103. That the House recede from its disagreement to the amendment of the Senate numbered 103, and agree to the same with an amendment, as follows: In lieu of the sum named in said amendment, insert: $2,000,000; and the Senate agree to the same. Amendment numbered 105. That the House recede from its disagreement to the amendment of the Senate numbered 105, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $35,000,000; and the Senate agree to the same. Amendment numbered 106. That the House recede from its disagreement to the amendment of the Senate numbered 106, and agree to the same with an amendment, as follows: Restore the matter stricken by said amendment, amended to read as follows: , of which $10,000,000 may be available for high-occupancy vehicle lane and corridor design costs; and the Senate agree to the same. Amendment numbered 107. That the House recede from its disagreement to the amendment of the Senate numbered 107, and agree to the same with an amendment, as follows: In lieu of the sum named in said amendment, insert: $13,500,000; and the Senate agree to the same. Amendment numbered 108. That the House recede from its disagreement to the amendment of the Senate numbered 108, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $32,000,000; and the Senate agree to the same. Amendment numbered 109. That the House recede from its disagreement to the amendment of the Senate numbered 109, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $27,500,000; and the Senate agree to the same. Amendment numbered 110. That the House recede from its disagreement to the amendment of the Senate numbered 110, and agree to the same with an amendment, as follows: Restore the matter stricken by said amendment, amended to read as follows: $1,500,000 for the San Diego-Mid-Coast Corridor project; and the Senate agree to the same. Amendment numbered 111. That the House recede from its disagreement to the amendment of the Senate numbered 111, and agree to the same with an amendment, as follows: Restore the matter stricken by said amendment, amended to read as follows: $4,750,000 for the San Juan Tren Urbano project; and the Senate agree to the same. Amendment numbered 112. That the House recede from its disagreement to the amendment of the Senate numbered 112, and agree to the same with an amendment, as follows: In lieu of the sum named in said amendment, insert: $3,000,000; and the Senate agree to the same. Amendment numbered 114. That the House recede from its disagreement to the amendment of the Senate numbered 114, and agree to the same with an amendment, as follows: Delete the matter stricken by said amendment, and On page 33 line 12 of the House engrossed bill, H.R. 3675, strike ``to Lakeland commuter rail'' and insert: Bay Regional Rail; and the Senate agree to the same. Amendment numbered 115. That the House recede from its disagreement to the amendment of the Senate numbered 115, and agree to the same with an amendment, as follows: In lieu of the sum named in said amendment, insert: $3,000,000; and the Senate agree to the same. Amendment numbered 116. That the House recede from its disagreement to the amendment of the Senate numbered 116, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $3,750,000; and the Senate agree to the same. Amendment numbered 120. That the House recede from its disagreement to the amendment of the Senate numbered 120, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $26,886,000; and the Senate agree to the same. Amendment numbered 123. That the House recede from its disagreement to the amendment of the Senate numbered 123, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $37,900,000; and the Senate agree to the same. Amendment numbered 130. That the House recede from its disagreement to the amendment of the Senate numbered 130, and agree to the same with an amendment, as follows: In lieu of ``4\3/4\ per centum'' named in said amendment, insert: 4\1/4\ per centum; and the Senate agree to the same. Amendment numbered 133. That the House recede from its disagreement to the amendment of the Senate numbered 133, and agree to the same with an amendment, as follows: Delete the matter stricken by said amendment and delete the matter inserted by said amendment, and On page 48 line 22 of the House engrossed bill, H.R. 3675, strike ``: Provided further,'' and insert in lieu thereof a period; and the Senate agree to the same. Amendment numbered 135. That the House recede from its disagreement to the amendment of the Senate numbered 135, and agree to the same with an amendment, as follows: In lieu of the sum proposed by said amendment, insert: $1,250,000; and the Senate agree to the same. Amendment numbered 147. That the House recede from its disagreement to the amendment of the Senate numbered 147, and agree to the same with an amendment, as follows: Retain the matter proposed by said amendment, amended as follows: In lieu of ``Passenger Railroad Corporation'' named in said amendment, insert: Railroad Passenger Corporation (Amtrak); and the Senate agree to the same. Amendment numbered 148. That the House recede from its disagreement to the amendment of the Senate numbered 148, and agree to the same with an amendment, as follows: In lieu of the matter proposed by said amendment, insert: Sec. 349. 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; and the Senate agree to the same. Amendment numbered 149. That the House recede from its disagreement to the amendment of the Senate numbered 149, and agree to the same with an amendment, as follows: In lieu of the matter proposed by said amendment, insert: SEC. 350. DEPARTMENT OF TRANSPORTATION VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a) Definitions.--For the purposes of this section-- (1) the term ``agency'' means the following agencies of the Department of Transportation: (A) the United States Coast Guard; (B) the Research and Special Programs Administration; (C) the St. Lawrence Seaway Development Corporation; (D) the Office of the Secretary; and (E) the Federal Railroad Administration; (2) the term ``employee'' means an employee (as defined by section 2105 of title 5, United States Code) who is employed by the agency serving under an appointment without time limitation, and has been currently employed for a continuous period of at least 3 years, but does not include-- (A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the agency; (B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A); (C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance; (D) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 note), would qualify for a voluntary separation incentive payment under section 3 of such Act; (E) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment; (F) an employee covered by statutory reemployment rights who is on transfer to another organization; (G) any employee who, during the twenty- four month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or who, within the twelve month period preceding the date of separation, received a retention allowance under section 5754 of title 5, United States Code; or (H) any employee who, upon separation and application, would be eligible for an immediate annuity under subchapter III of chapter 83 or chapter 84 of title 5, United States Code (or another retirement system for employees of the agency), other than an annuity subject to a reduction under section 8339(h) or 8415(f) of such title (or corresponding provisions of another retirement system for employees of the agency). (b) Agency Strategic Plan.-- (1) In general.--The head of an agency, prior to obligating any resources for voluntary separation incentive payments, shall submit to the House and Senate Committees on Appropriations and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives a strategic plan outlining the intended use of such incentive payments and a proposed organizational chart for the agency once such incentive payments have been completed. (2) Contents.--The agency's plan shall include-- (A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level; (B) the number and amounts of voluntary separation incentive payments to be offered; and (C) a description of how the agency will operate without the eliminated positions and functions. (c) Authority. To Provide Voluntary Separation Incentive Payments.-- (1) In general.--A voluntary separation incentive payment under this section may be paid by an agency to any employee only to the extent necessary to eliminate the positions and functions identified by the strategic plan. (2) Amount and treatment of payments.--A voluntary separation incentive payment-- (A) shall be paid in a lump sum after the employee's separation; (B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees; (C) shall be equal to the lesser of-- (i) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code; or (ii) an amount determined by an agency head not to exceed $25,000 in fiscal year 1997; (D) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and (E) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation. (3) Limitation.--No amount shall be payable under this section based on any separation occurring before the date of the enactment of this Act, or after September 30, 1997. (d) Additional Agency Contributions to the Retirement Fund.-- (1) In general.--In addition to any other payments which it is required to make under subchapter III of chapter 83 of title 5, United States Code, an agency shall remit to the Office of Personnel Management for deposit to the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the agency who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this section. (2) Definition.--For the purpose of paragraph (1), the term ``final basic pay'', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full- time basis, with appropriate adjustment therefor. (e) Effect of Subsequent Employment With the Government.--An individual who has received a voluntary separation incentive payment under this section and accepts any employment for compensation with the Government of the United States, or who works for any agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to pay, prior to the individual's first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment. (f) Reductions of Agency Employment Levels.-- (1) In general.--The total number of funded employee positions in an agency shall be reduced by one position for each vacancy credited by the separation of any employee who has received, or is due to receive, a voluntary separation incentive payment under this section. For the purposes of this subsection, positions shall be counted on a full-time-equivalent basis. (2) Enforcement.--The President, through the Office of Management and Budget, shall monitor each agency and take any action necessary to ensure that the requirements of this subsection are met. (g) Effective Date.--This section shall take effect October 1, 1996. And the Senate agree to the same. Amendment numbered 151. That the House recede from its disagreement to the amendment of the Senate numbered 151, and agree to the same with an amendment, as follows: In lieu of the matter proposed by said amendment, insert: SEC. 351. TREATMENT OF CERTAIN PENDING CHILD CUSTODY CASES IN SUPERIOR COURT OF DISTRICT OF COLUMBIA. (a) In General.--Subchapter II of chapter 9 of title 11, District of Columbia Code, is amended by adding at the end the following new section: ``Sec. 11-925. Rules regarding certain pending child custody cases. ``(a) In any pending case involving custody over a minor child or the visitation rights of a parent of a minor child in the Superior Court which is described in subsection (b)-- ``(1) at any time after the child attains 13 years of age, the party to the case who is described in subsection (b)(1) may not have custody over, or visitation rights with, the child without the child's consent; and ``(2) if any person had actual or legal custody over the child or offered safe refuge to the child while the case (or other actions relating to the case) was pending, the court may not deprive the person of custody or visitation rights over the child or otherwise impose sanctions on the person on the grounds that the person had such custody or offered such refuge. ``(b) A case described in this subsection is a case in which-- ``(1) the child asserts that a party to the case has been sexually abusive with the child; ``(2) the child has resided outside of the United States for not less than 24 consecutive months; ``(3) any of the parties to the case has denied custody or visitation to another party in violation of an order of the court for not less than 24 consecutive months; and ``(4) any of the parties to the case has lived outside of the District of Columbia during such period of denial of custody or visitation.''. (b) Clerical Amendment.--The table of sections for subchapter II of chapter 9 of title 11, D.C. Code, is amended by adding at the end the following new item: ``11-925. Rules regarding certain pending child custody cases.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to cases brought in the Superior Court of the District of Columbia before, on, or after the date of the enactment of this Act. (2) Continuation of provisions until termination.-- The provisions of section 11-925, District of Columbia Code (as added by subsection (a)), shall apply to any case described in paragraph (1) until the termination of the case. And the Senate agree to the same. Amendment numbered 152. That the House recede from its disagreement to the amendment of the Senate numbered 152, and agree to the same with an amendment, as follows: In lieu of the matter proposed by said amendment, insert: Sec. 352. Not later than December 31, 1997, the Administrator of the Federal Aviation Administration shall-- (a) take such action as may be necessary to provide for an independent assessment of the acquisition management system of the Federal Aviation Administration that includes a review of any efforts of the Administrator in promoting and encouraging the use of full and open competition as the preferred method of procurement with respect to any contract that involves an amount greater than $50,000,000; and (b) submit to the Congress a report on the findings of that independent assessment: Provided, That for purposes of this section, the term ``full and open competition'' has the meaning provided that term in section 4(6) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(6)). And the Senate agree to the same. Amendment numbered 157. That the House recede from its disagreement to the amendment of the Senate numbered 157, and agree to the same with an amendment, as follows: In lieu of the matter proposed by said amendment, insert: Sec. 356. Of the funds made available to the Federal Railroad Administration, up to $200,000 may be made available from the Office of the Administrator to establish and operate the Institute for Railroad Safety as authorized by the Swift Rail Development Act of 1994. And the Senate agree to the same. Amendment numbered 167. That the House recede from its disagreement to the amendment of the Senate numbered 167, and agree to the same with an amendment, as follows: In lieu of the matter proposed by said amendment, insert: SEC. 409. TRANSFER OF FUNDS AMONG MINNESOTA HIGHWAY PROJECTS. (a) In General.--Such portions of the amounts appropriated for the Minnesota highway projects described in subsection (b) that have not been obligated as of December 31, 1996, shall be made available to carry out the 34th Street Corridor Project in Moorhead, Minnesota, authorized by section 149(a)(5)(A)(iii) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17; 101 Stat. 181) (as amended by section 340(a) of the National Highway System Designation Act of 1995 (Public Law 104-59; 109 Stat. 607)). (b) Projects.--The Minnesota highway projects described in this subsection are-- (1) the project for Saint Louis County authorized by section 149(a)(76) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17; 101 Stat. 192); and (2) the project for Nicollet County authorized by item 159 of section 1107(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102- 240; 105 Stat. 2056). Sec. 410. Item 52 in the table contained in Section 1106(a)(2) and items 19 and 20 in the table contained in Section 1107(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2037-2059) are each amended by inserting ``Mifflin, Fulton and Clearfield,'' after ``Franklin,''. And the Senate agree to the same. Frank R. Wolf, Tom DeLay, Ralph Regula, Harold Rogers, Jim Lightfoot, Ron Packard, Sonny Callahan, Jay Dickey, Martin Olav Sabo, Richard J. Durbin (except amendments 150 and 151 and amendment 158), Ronald Coleman, Thomas M. Foglietta, David R. Obey, Managers on the Part of the House. Mark O. Hatfield, Pete V. Domenici (except amendment 150), Arlen Specter, Christopher S. Bond, Slade Gorton, Richard C. Shelby, Frank R. Lautenberg, Robert C. Byrd (except amendment 150), Tom Harkin, Barbara Mikulski, Managers on the Part of the Senate. JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE The managers on the part of the House and the Senate at the conference on the disagreeing votes of the two Houses on amendments of the Senate to the bill (H.R. 3675) making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1997, and for other purposes, submit the following joint statement to the House of Representatives and the Senate in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report. congressional directives The conferees agree that Executive Branch propensities cannot substitute for Congress' own statements concerning the best evidence of Congressional intentions; that is, the official reports of the Congress. Report language included by the House that is not changed by the report of the Senate, and Senate report language that is not changed by the conference is approved by the committee of conference. The statement of the managers, while repeating some report language for emphasis, is not intended to negate the language referred to above unless expressly provided herein. program, project and activity During fiscal year 1997, for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended, with respect to funds provided for the Department of Transportation and related agencies, the terms ``program, project and activity'' shall mean any item for which a dollar amount is contained in an appropriations Act (including joint resolutions providing continuing appropriations) or accompanying reports of the House and Senate Committees on Appropriations, or accompanying conference reports and joint explanatory statements of the committee of conference. In addition, the reductions made pursuant to any sequestration order to funds appropriated for ``Federal Aviation Administration, facilities and equipment'' and for ``Coast Guard, Acquisition, construction, and improvements'' shall be applied equally to each ``budget item'' that is listed under said accounts in the budget justifications submitted to the House and Senate Committees on Appropriations as modified by subsequent appropriations Acts and accompanying committee reports, conference reports, or joint explanatory statements of the committee of conference. The conferees recognize that adjustments to the above allocations may be required due to changing program requirements or priorities. The conferees expect any such adjustment, if required, to be accomplished only through the normal reprogramming process. staffing increases provided by congress The conferees direct the Department of Transportation to fill expeditiously any positions added in this bill, without regard to agency-specific staffing targets which may have been previously established to meet the mandated government-wide staffing reductions. The conferees support the overall staffing reductions, and have made reductions in the bill which more than offset staffing increases provided for a small number of specific activities. TITLE I--DEPARTMENT OF TRANSPORTATION Office of the Secretary salaries and expenses Amendment No. 1: Appropriates $52,966,000 for salaries and expenses of the office of the secretary, instead of $53,816,000 as proposed by the House and $53,376,000 as proposed by the Senate. The conference agreement includes the following changes to the budget request for this office: Reductions in staff: -2 public affairs specialists -$150,000 -2 attorney advisors -200,000 -1 staff assistant, immediate office of the deputy secretary -60,000 -5 procurement analysts, office of acquisition -1,000,000 Information technology and support...................... -1,000,000 Child safety seats.--The conferees understand that no less than six entities within the department may be involved in child safety seat design and that there may be little, if any, departmental oversight of this activity. Therefore, within sixty days after the enactment of this Act, the Secretary shall designate one person within the office of the Secretary to the role of coordinating child safety seat design and report to both the House and Senate Committees on Appropriations the individual assigned to this position and a timetable to resolve key design issues. Amendment No. 2: Includes language as proposed by the Senate that provides such sums as necessary to investigate anti-competitive practices in air transportation. The House bill contained no similar provision. transportation planning, research, and development The conferees are concerned that throughout the United States rising costs and fragmentation of regional bus systems may have significant financial and service implications. Nowhere is this more evident than in the national capital region. Accordingly, within the $3,000,000 appropriated for transportation planning, research, and development activities, the conferees direct the Secretary of Transportation to make available sufficient resources to the Washington Metropolitan Area Transit Authority to commission an independent study to analyze how to meet current and future bus transportation needs for the greater Washington metropolitan region through the year 2020. The report is to be submitted to both the House and Senate Committees on Appropriations by September 30, 1997. The conference agreement includes $100,000 to continue the department's ongoing analysis of impacts on the United States and Mexico related to motor carrier impacts of the North America Free Trade Agreement. payments to air carriers (liquidation of contract authorization) (airport and airway trust fund) (including rescission of contract authorization) Amendment No. 3: Appropriates $25,900,000 to liquidate contract authority obligations for payments to air carriers as proposed by the Senate instead of $10,000,000 as proposed by the House. Amendment No. 4: Limits obligations for payments to air carriers to $25,900,000 as proposed by the Senate instead of $10,000,000 as proposed by the House. Amendment No. 5: Rescinds $12,700,000 in contract authority from the payments to air carriers program as proposed by the Senate instead of $28,600,000 as proposed by the House. The conference agreement rescinds contract authority that is not available for obligation due to annual limits on obligations. rental payments Amendment No. 6: Appropriates $127,447,000 for rental payments as proposed by the House instead of $129,500,000 as proposed by the Senate. Amendment No. 7: Provides $17,294,000 in rental payments from ``Federal-aid highways, Limitation on general operating expenses'' as proposed by the House instead of $17,192,000 as proposed by the Senate. Coast Guard operating expenses Amendment No. 8: Appropriates $2,319,725,000 for Coast Guard operating expenses instead of $2,609,100,000 as proposed by the House and $2,331,350,000 as proposed by the Senate. The conference agreement assumes that an additional $300,000,000 will be provided in the Department of Defense Appropriations Act, 1997 for Coast Guard support of national security missions, as assumed in the Senate bill. The following table summarizes the budget estimate, House and Senate recommendations, and the conference agreement by budget activity: <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> The conference agreement includes the following adjustments to the budget estimate: Pay and Allowances: Bonuses and awards.................................. -$3,000 Operations and Support: Maintenance and logistics commands.................. -413,000 District offices.................................... -2,726,000 Ammunition and small arms........................... -2,000,000 Recruiting and Training Support: Professional training and education................. -2,000,000 Coast Guard-Wide Centralized Services: FTS-2000............................................ -179,000 Account-Wide Adjustments: Miscellaneous supplies.............................. -2,5000,000 Boat safety administration-offset................... -304,000 Non-operational travel.............................. -1,000,000 General reduction................................... -7,000,000 Reprogramming violations.--In last year's action, the appropriations conferees expressed concern over the Coast Guard's misinterpretation and violation of the existing Congressional reprogramming guidelines, and requested the Office of the Secretary to redistribute the guidelines to each operating administration. Despite this action, however, the Coast Guard reprogrammed millions of dollars for streamlining activities without specific Congressional concurrence, and submitted a reprogramming request after the fact. The conferees are very concerned about these continued breaches in the Coast Guard's application of appropriated funds, and hope that by the time of next year's appropriations hearings, the Coast Guard can develop a system of internal controls which assure the Congress that this pattern of frequent violations will no longer occur. Abandoned barges, Houston, TX.--The conferees agree to provide $1,5000,000 for Coast Guard removal of abandoned barges in the Houston ship channel and the San Jacinto River, and the Coast Guard is directed to use such funds only for that purpose. The House bill included $2,000,000 for this purpose. Marine fire and safety association.--The conferees agree to provide $297,000 for the marine fire and safety association for fire fighting and oilspill response contingency plans on the Columbia River. Drug interdiction activities.--The conferees do not agree to the House's allocation of funding for specific drug interdiction activities based on Coast Guard statements that this allocation was based on incomplete and outdated information. However, the conferees urge the Coast Guard to allocate their drug interdiction resources, to the extent possible, in a manner consistent with directives of the Congress in the authorization process. Air Station Chicago.--The conferees understand that the Coast Guard has proposed to relocate Air Station Chicago-- currently located in Glenview, Illinois--to Muskegon, Michigan and that budgetary considerations played a significant role in this decision. The conferees understand the need for the Coast Guard to relocate from Glenview in light of that facility's location at a military installation slated for closure and redevelopment pursuant to the Base Closure Act, and also understand the need for the Coast Guard to conserve budgetary resources. The conferees further note that the proposed relocation is in compliance with the directive accompanying the fiscal year 1996 appropriation, which directed the Coast Guard to maintain a presence in southern Lake Michigan. However, in light of concerns regarding the search and rescue response time from Muskegon to points in southern Lake Michigan, the conferees request that, prior to undertaking this proposed relocation, the Coast Guard provide to the House and Senate Transportation Appropriations Subcommittees data demonstrating that the relocation will not adversely affect boating safety in the southern Lake Michigan area. acquisition, construction, and improvements Amendment No. 9: Appropriates $374,840,000 for Acquisition, construction, and improvements instead of $358,000,000 as proposed by the House and $393,100,000 as proposed by the Senate. A table showing the distribution of this appropriation by project as included in the fiscal year 1997 budget estimate, House bill, Senate bill, and the conference agreement follows: <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> Amendment No. 10: Provides $216,500,000 to acquire, repair, renovate, or improve vessels, small boats and related equipment instead of $205,600,000 as proposed by the House and $227,960,000 as proposed by the Senate. Amendment No. 11: Provides $18,040,000 to acquire new aircraft and increase aviation capability instead of $18,300,000 as proposed by the House and $19,040,000 as proposed by the Senate. Amendment No. 12: Provides $41,700,000 for the equipment instead of $39,900,000 as proposed by the House and $46,200,000 as proposed by the Senate. Amendment No. 13: Provides $52,350,000 for shore facilities and aids to navigation facilities instead of $47,950,000 as proposed by the House and $52,900,000 as proposed by the Senate. Amendment No. 14: Provides $46,250,000 for personnel compensation and benefits as proposed by the House instead of $47,000,000 as proposed by the Senate. This provides an increase of 3.5 percent above the fiscal year 1996 enacted level. Amendment No. 15: Deletes language proposed by the House which would require the disposal of Coast Guard property located in Wildwood, New Jersey in a manner resulting in saving during fiscal year 1997 of $20,000,000. The conferees understand that other federal agencies are interested in this property, and GSA property disposal procedures in such cases make any savings unlikely. Amendment No. 16: Includes House prohibition of funds for continuing the Vessel Traffic Services 2000 program, and allocates $1,000,000 for a study of available technical solutions which minimize complexity and cost in any follow-on VTS programs, as director in the Senate report. The conferees are disappointed that, up to this point, the Coast Guard has been unable to develop a compromise position between the desires of the agency for the relatively high-tech, expensive VTS 2000 system and the needs of local port communities for affordable vessel traffic services. The Coast Guard is still unable to present the Congress with a firm cost estimate or siting plan for VTS 2000 systems, and has not resolved the issue of who will ultimately pay the operating costs of the system. Recent reviews of the program by the U.S. General Accounting Office and the National Academy of Sciences did not endorse this program as currently structured. Given the questions of support and concerns about which entities will pay to operate the system, the conferees agree that the presently configured VTS 2000 program should be ended. However, the need for state-of-the-art vessel traffic services remains in some ports, especially New Orleans, which was the lead port for the VTS 2000 concept. Although these requirements have existed for many years, the safety benefits of such systems have been delayed while the Coast Guard conducted lengthy studies and the program experienced internal budget reduction. Under the current schedule, many ports would not receive VTS capability for another seven to ten years. The conferees can no longer accept further Coast Guard delays in delivering the safety benefits of vessel traffic systems to critical ports around the country, particularly since, as the VTS 2000 schedule slipped and costs rose, systems have been developed and fielded by private industry which satisfy many of the ports' VTS requirements. The conferees firmly believe that, with greater user involvement and a dedication to truly off-the-shelf technology, the Coast Guard can and should implement VTS services at critical ports such as New Orleans more quickly than the ten year implementation schedule of VTS 2000. To move forward with this new effort, the conference agreement provides $1,000,000 for the Coast Guard to identify minimum user requirements for new VTS systems in consultation with local officials, waterway users, and port authorities. This study should also review user fee options and private/public partnerships. The conferees hope that, at the end of fiscal year 1997, the Coast Guard will be able to propose a viable new production program, supported by local communities, which will provide near-term safety benefits. The conferees also agree to leave any unobligated VTS 2000 funds in place to support this follow- on effort. The House had proposed a rescission of those funds, as described under amendment numbered 17. acquisition, construction, and improvements (rescissions) Amendment No. 17: Deletes rescissions totaling $3,755,000 proposed by the House. The conference agreement allows any unobligated funds to be used for follow-on activities, as previously described, but not for VTS 2000. The Coast Guard should consider these funds as having been reprogrammed. environmental compliance and restoration Amendment No. 18: Appropriates $22,000,000 for Environmental compliance and restoration instead of $21,000,000 as proposed by the House and $23,000,000 as proposed by the Senate. The conference agreement includes the following breakdown of funds: Site-specific cleanup and restoration projects.......... $15,000,000 Environmental compliance................................ 2,800,000 Personnel............................................... 4,200,000 -------------------------------------------------------- ____________________________________________________ Total............................................. 22,000,000 The conferees recognize that funding for specific projects will have to be adjusted to reflect the reduced appropriation level. The Coast Guard is accorded the discretion to allocate such reductions without triggering the formal reprogramming process. port safety development Amendment No. 19: Appropriates $5,000,000 for debt retirement of the Port of Portland, Oregon as proposed by the Senate, and makes a technical change to the language proposed. The House bill included no similar appropriation. alteration of bridges Amendment No. 20: Appropriates $16,000,000 for Alteration of obstructive bridges as proposed by the House instead of $10,000,000 as proposed by the Senate. The conferees agree that these funds should be allocated as described in the House report. research, development, test and evaluation Amendment No. 21: Appropriates $19,200,000 for Research, development, test and evaluation instead of $19,000,000 as proposed by the House and $19,550,000 as proposed by the Senate. The conferees agree to the following adjustments to the budget estimate: Ship Structure Committee; Support for committee......... -$214,000 Servicewide Safety and Environmental Compliance: Pollution prevention................................ -200,000 Command, Control, Computers and Intelligence: Advanced communications systems.............................. -86,000 Technology Base:........................................ Future technology assessment........................ -200,000 Select projects..................................... -400,000 -------------------------------------------------------- ____________________________________________________ Net adjustment.................................... -1,100,000 boat safety Amendment No. 22: Appropriates $35,000,000 as proposed by the House instead of $10,000,000 as proposed by the Senate. The conferees agree that this safety program should be fully funded at the authorized level. The Senate level assumed the enactment of new authorizing legislation which would make the boat safety program a mandatory appropriation, and which is strongly opposed by the House appropriations conferees. federal aviation administration operations Amendment No. 23: Appropriates $4,900,000,000 for operations of the Federal Aviation Administration (FAA) as proposed by the House instead of $4,899,957,000 as proposed by the Senate. This appropriation represents an increase of $254,288,000 (five percent) above the fiscal year 1996 appropriation, and is sufficient to support the hiring of 500 new air traffic controllers, 367 new aviation safety inspectors and other regulatory oversight personnel, and an increase of 8.9 percent in funding for field maintenance of air traffic control equipment. The following table summarizes the House and Senate recommendations and the conference agreement by budget activity: <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> Sanford-Lee County, NC airport.--The conference agreement includes no site-specific earmarks, either direct or implied, for particular airport projects. However, the conferees urge the FAA administrator to give expeditious consideration to accelerated construction of the new Sanford-Lee County Airport in North Carolina, in the hope that the project can be completed as quickly as possible. Lancaster, PA airport.--The conference agreement includes no site-specific earmarks, either direct or implied, for particular airport projects. However, the conferees urge the FAA administrator to give the environmental assessment for a proposed runway at Lancaster Airport in Pennsylvania expeditious consideration, in the hope that the project can be completed as quickly as possible. Williamsport-Lycoming County, PA airport.--The conferees commend to the FAA's attention the growing need for a runway extension project at the Williamsport-Lycoming County, PA Airport. The conferees note that the primary runway is currently 6,449 feet long. If it is extended to 7,000 feet, there would be opportunities for improved safety, larger aircraft, and regional air freight service, which would contribute significantly to economic development. Accordingly, the conferees urge FAA to give expeditious consideration to the environmental assessment of the Williamsport-Lycoming Airport's proposed runway extension project. ASOS/contract weather observers.--The conferees are aware of the significant concerns of air traffic controllers that funds in the President's budget are not adequate to meet the requirement for contract weather observations. In response, the FAA has developed a plan to supplement those observations with additional activities required of air traffic controllers. The conferees agree that controllers are not optimally trained to make precise weather observations, and such activities impinge on their other important safety duties. Therefore, the conference agreement provides an additional $1,000,000 for contract weather observers at the highest priority sites. ASOS/EL Paso International Airport.--The conferees reiterate strong concern expressed in the House report over the reliability of weather reporting performed by the automated surface observing system (ASOS) in the absence of contract weather observers at the El Paso International Airport. The conferees urge the FAA to move expeditiously to reinstate contract weather observation activities at this facility. Aviation security.--The conference agreement provides $72,872,000 for aviation security activities, an increase of $951,000 above the budget estimate. Given the heightened security posture at domestic airports and the need for greater attention in some areas, the conferees believe additional resources are warranted at this time. Administration of airports.--The conferees agree to provide $43,250,000 for this activity, as proposed by the Senate. The FAA administrator is granted the flexibility to allocate the reduction in this program. Cargo security program.--The conference agreement provides $10,500,000 for an expanded cargo security program, in light of a recent aviation accident investigation calling into question the effectiveness of current activities in this area. The Senate bill includes $9,950,000 for this effort, consistent with a budget amendment received in July 1996. The conferees have information indicating that the higher level of funding is needed for this program due to more recent budget estimates. Given the priority of this program and its impact on aviation safety, the conferees are providing these funds even though difficult reductions are required in other areas of the budget. Mid-America Aviation Resource Consortium.--The conferees expect the FAA to continue the agency's commitment to the Mid- America Aviation Resource Consortium (MARC) in Minnesota, and have included $1,700,000 in the bill for this purpose. These funds are to be used in Minnesota to support the air traffic controller training program and to continue research for the FAA, curriculum development, follow-up on MARC graduates, and to develop other materials as needed for FAA-related projects. The conferees also direct the FAA to release these funds to MARC not less than thirty days after enactment of this Act. The conferees further expect the FAA to develop a long- term plan for training en route controllers. The conferees also expect the FAA to develop long-term projections for air traffic controllers needed to safely maintain our air traffic control system. The conferees are very disappointed in the FAA's lack of long-term planning as it relates to both air traffic control training and controller needs. MARC has a successful track record at placing students directly in the field, and the conferees both support and encourage this cost-effective manner of training. Amendment No. 24: Provides that, of the total amount provided, $1,642,500,000 shall be derived from the airport and airway trust fund as proposed by the House instead of $2,742,602,000 as proposed by the Senate. The conference agreement provides the maximum amount allowable under existing authorization guidelines. According to the FAA, this level of trust fund spending, combined with other amounts in the bill, should be sufficient to support FAA programs without interruption until approximately September 1997, assuming current aviation taxes on passenger tickets, jet fuel, cargo waybills, and other items are not extended beyond the date in current law (December 31, 1996). However, the conferees wish to point out that the current situation results once again in general fund taxpayers subsidizing the aviation system in this country far beyond the benefits they receive. Amendment No. 25: Provides that $75,000,000 in new user fees may be established by the FAA, as proposed by the Senate, instead of $30,000,000 as proposed by the House. The President's budget requested $150,000,000 in new fees. As shown in amendment numbered 27, the conference agreement stipulates that the only new fee authorized is an ``overflight'' fee, for services provided to aircraft which traverse U.S.-controlled airspace without taking off from, or landing in, the United States. The FAA estimates that, were such collections to begin immediately in the fiscal year, approximately $109,000,000 could be collected. The conference agreement accepts the fee on a trial basis, and the lower level allows implementation to begin later in the fiscal year to allow a longer review and consultation process with affected parties. The conferees accept that some additional user fees may be necessary to accommodate the rising operational costs of the agency. However, there is still great concern that any fee proposed be able to meet the test of a user fee, and not be a tax. The FAA is currently developing an improved cost accounting system which may improve the credibility of user fees proposed in future years. The conferees support the continued development of this system as a vital tool in evaluating future user fee requests. In addition, the conferees believe that aviation user fees, where they are successful around the world, involve significant advance consultation with those parties paying the fee, as well as detailed accounting for, and explanation of, costs being incurred by the agency. Given the relative ease with which user fees can be raised, the existence of a strong, two-way consultation process is essential for controlled agency costs and maintaining political consensus for such a system. Should expansion of the user fee concept be proposed in future years, the conferees will consider whether a well-formulated consultation process has been developed in concert with the specific fee schedules. Amendment No. 26: Provides a final general fund share of the overall appropriation estimated at $3,182,500,000 instead of $2,127,398,000 as proposed by the House and $2,082,355,000 as proposed by the Senate. This figure is the total appropriation minus offsetting collections from additional user fees and minus the share of total expenses derived from the Airport and Airway Trust Fund. Amendment No. 27: Provides that the only additional user fees authorized as offsetting collections are ``overflight'' fees, as proposed by the House. The Senate bill contained no similar provision. facilities and equipment (airport and airway trust fund) Amendment No. 28: Appropriates $1,790,000,000 for Facilities and equipment instead of $1,800,000,000 as proposed by the House and $1,788,700,000 as proposed by the Senate. The following table summarizes the fiscal year 1997 budget estimate, House and Senate recommended levels, and the conference agreement by budget activity: <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> Automated surface observing system (ASOS).--The conference agreement includes $10,000,000 specifically for the FAA to acquire 55 new automated surface observing system (ASOS) units; $1,275,000 for ASOS units in Alaska that still await commissioning; and $1,369,000 for activities included in the President's budget request. Given the budgetary shortfalls in this program, the conferees direct the FAA not to reprogram these funds to other purposes. Hazardous materials management.--The conferees direct the FAA to give high priority to hazardous materials issues at the FAA Technical Center in New Jersey out of the $15,000,000 provided. Runway incursion technologies.--Last year, the Congress provided $2,000,000 for loop technology and surface detection to assist in runway incursion reduction. The conferees direct the department to report to the House and Senate Committees on Appropriations by November 30, 1996 regarding the status of this funding and development of a prototype system. Amendment No. 29: Specifies that $1,573,000 of the total amount provided shall be available for three years, instead of $1,583,000,000 as proposed by the House and $1,571,700,000 as proposed by the Senate. This is the total appropriation for budget activities one through four. research, engineering, and development (airport and airway trust fund) Amendment No. 30: Appropriates $187,412,000 for Research, engineering, and development instead of $185,000,000 as proposed by the House and $188,490,000 as proposed by the Senate. The following table summarizes the fiscal year 1997 budget estimate, House and Senate recommended levels, and the conference agreement: <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> Weather.--The conference agreement provides $13,000,000, as proposed by the House, for research to improve aviation safety under hazardous weather conditions. The amount provided shall include the following specific allocations for projects described in the House and Senate reports: Windshear/downdraft research, Juneau, AK................ $400,000 Project SOCRATES........................................ 1,589,000 National Center for Atmospheric Research (NCAR)......... 4,600,000 National Center for Atmospheric Research.--The conference agreement includes $4,600,000 specifically for aviation weather research and related activities coordinated by the National Center for Atmospheric Research (NCAR) and assisted by the NOAA's Forecast Systems Laboratory, the National Severe Storms Laboratory, and other organizations. The conferees consider this work to be of high priority, and direct the FAA not to use these funds for in-house staffing or to reprogram any of these funds to other purposes. The FAA is requested to report to the House and Senate Committees on Appropriations by December 31, 1996 detailing the specific activities to be financed with these funds and the expected obligation dates. The conferees are disappointed that the FAA is not placing a higher priority on aviation weather safety research, and is not yet taking a leadership role in this area, as recommended recently by the National Academy of Sciences. The conferees urge the FAA to develop a more vigorous and effective program of weather research beginning with the fiscal year 1998 budget request. System security technology.--The conference agreement fully funds the administration's request of $36,055,000 for aviation security technology, as proposed by the Senate. Within this amount, $27,397,000 is provided for research and development into new devices to detect explosives and weapons, and $1,361,000 is provided to harden aircraft against the effects of explosions. GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (AIRPORT AND AIRWAY TRUST FUND) Amendment No. 31: Limits obligations under the grants-in- aid for airports program to $1,460,000,000 as proposed by the Senate instead of $1,300,000,000 as proposed by the House. This is an increase of $10,000,000 above the fiscal year 1996 level and $110,000,000 above the administration's request. Letters of intent.--The conferees echo the Senate's concern with FAA's ability to estimate airport development projects' impact on system-wide-capacity, and therefore direct that FAA be granted the authority to award new letters of intent (LOIs) only after scheduled LOI payments fall to less than 50 percent of total airport improvement program (AIP) discretionary funds. The conferees do not agree with the Senate's directions that FAA enter into any new LOIs at this time. However, the conferees recognize the priority and need for capacity enhancements at our nation's airports and do not intend to preclude meritorious projects from receiving funds. The conferees encourage the FAA to award discretionary grants to these projects consistent with existing evaluation criteria. Seattle-Tacoma International Airport.--With respect to the Senate language regarding consideration of a possible letter of intent for the Seattle-Tacoma International Airport, the conferees agree the FAA shall consider the LOI application from the airport subject to the completion of the required FAA/ federal environmental review process, including the issuance of a record of decision. Airport property lease/transfers.--The conferees recognize the important contribution that aeronautical higher education programs can make to the U.S. air transportation system. In recognition of this contribution, the conferees direct that non-profit, accredited universities or colleges offering aeronautical higher education programs desiring to establish or expand campus operations on airport property may negotiate and execute lease or purchase transactions up to, but no greater than, the established aeronautical use rate at the host airport. ADMINISTRATIVE SERVICES FRANCHISE FUND Amendment No. 32: Provides for the establishment of a new administrative services franchise funds within the FAA, as proposed by the Senate. The House bill contained no similar provision. The conferees agree to the establishment of such a fund on trial basis, and will review the effectiveness and cost efficiency of the fund in next year's appropriations hearings. Federal Highway Administration Limitation on General Operating Expenses Amendment No. 33: Limits general operating expenses of the Federal Highway Administration (FHWA) to $521,114,000, instead of $510,981,000 as proposed by the House and $534,846,000 as proposed by the Senate. Amendment No. 34: Provides for the extended availability of $221,958,000 for contract programs of the Federal Highway Administration, instead of $214,698,000 as proposed by the House and $234,840,000 as proposed by the Senate. The recommended funding distribution by program and activity of the administrative expenses and research and development programs of the FHWA is as follows: Program/Activity Conference level Administrative expenses................................. $250,156,000 Motor carrier safety administrative expenses............ 49,000,000 Contract programs: Research and technology: Highway research and development................ 68,035,000 Intelligent transportation systems.............. 122,000,000 Technology deployment........................... 13,999,000 National advanced driving simulat............................... Local technical assistance...................... 2,866,000 National Highway Institute...................... 4,327,000 Disadvantaged business enterprises.............. 9,506,000 International transportation.................... 475,000 International scanning activities............................... South Africa program............................................ Rehabilitation of TFHRC......................... 500,000 Technical assistance to Russia.................. 200,000 Transportation investment analysis.............. 250,000 Federal-lands contamination site clean-up....... 2,500,000 Cost allocation study........................... 300,000 Accountwide adjustments............................. -3,000,000 -------------------------------------------------------- ____________________________________________________ Total............................................. 521,114,000 The highway research and development and intelligent transportation systems programs by activity are as follows: Highway research and development: Safety.............................................. $8,768,000 Pavements........................................... 20,000,000 Structures.......................................... 14,558,000 Environment......................................... 5,517,000 Right-of-way........................................ 322,000 Policy.............................................. 5,401,000 Planning............................................ 5,969,000 Motor carrier....................................... 7,500,000 -------------------------------------------------------- ____________________________________________________ Total............................................. 68,035,000 ======================================================== ____________________________________________________ Intelligent transportation systems: Research and development............................ $29,000,000 Automated highway systems........................... 22,000,000 Architecture and standards.......................... 5,000,000 Operational tests................................... 56,000,000 Evaluations......................................... 2,000,000 Program support..................................... 8,000,000 -------------------------------------------------------- ____________________________________________________ Total............................................. 122,000,000 Office of motor carriers.--The conference agreement provides $49,000,000 for the office of motor carriers' administrative expenses within the FHWA's limitation on general operating expenses. The conference agreement includes the following adjustments to the budget request: Outreach and education.................................. -$400,000 NAFTA implementation.................................... -200,000 Administrative expenses, including travel............... -400,000 Exemption and waivering monitoring...................... +300,000 Commerical drivers licensing program.................... +200,000 Pilot safety rating program.--Before February 1, 1998, FHWA shall develop a pilot project that would encourage those carriers identified as having safety or compliance problems through the Commercial Vehicle Information System (CVIS) to procure the assistance of a third party safety service to work with the carrier in improving safety performance during the six month monitoring period following the receipt of a CVIS warning letter. Whenever appropriate, FHWA may defer imposing civil penalties, consistent with the provisions of the Motor Carrier Safety Act of 1984, but shall not do so in those cases in which evidence of serious safety violations (as defined in the Motor Carrier Safety Act of 1990) are found. In such cases, FHWA must follow its existing enforcement policies. FHWA shall consider the assistance provided by the third party service as a justification to reduce any penalties as provided under 49 U.S.C. section 521(b)(2)(C). Furthermore, the conferees recognize that the safety ratings assigned to motor carriers should be based primarily on actual performance on the highway (inspection and crash data), and should also take into account compliance with non-paperwork safety regulations, especially regulations identified as critical and acute. Highway research and development.--The conference agreement deletes the Senate's direction that $100,000 of the funds provided for highway research and development be used by a major national organization dedicated to grade crossing safety. The conference agreement has included sufficient resources for grade crossing safety activities under the Federal Railroad Administration's research and development account. Pavements.--The conference agreement includes sufficient resources to develop a systematic approach to expanded waste utilization using aging tests to ensure long-term physical and environmental performance of applications using a variety of recycled and waste materials. Structures.--The conference agreement provides sufficient resources for the research and development of composite pilings and the use and testing of calcium magnesium acetate as a non- corrosive anti-icer on new concrete and metal surfaces on bridges in Chicago. Environment.--The conference agreement provides $14,558,000 for environmental research and development and includes sufficient resources to identify at the National Center for Physical Acoustics scientific issues which impede accurate noise prediction. Motor carrier research.--The conference agreement provides $7,500,000 for motor carrier research and includes $500,000 to develop better scientific and empirical basis for the out-of-service criteria and to ensure that the inspection process is more closely tied to crash reduction measures. Intelligent transportation systems (ITS) research and development.--The conference agreement provides $29,000,000 for ITS research and development. Within these funds, the conferees have provided $7,000,000 for commercial vehicle operations (CVO) research and development, including $5,100,000 for SAFER/ MCSAP sites, and $11,000,000 for crash avoidance research. ITS operational tests.--The conference agreement provides $56,000,000 for operational tests. Within these funds, the conferees have provided $2,000,000 for mainstreaming training activities and $11,900,000 for completion of the CVISN and its prototype testing and substantial progress on the pilot projects. The conferees direct that none of the funds provided for the CVISN project be used for evaluation purposes. In addition, within the funds provided for commercial vehicle operations, the conference agreement includes $500,000 to advance the concept and technology of automated compliance review. The conference agreement deletes the Senate directive that $500,000 of the funds for traffic control be used to support the work of a public/private coalition to address the institutional issues of incident management. ITS automated highway systems (AHS).--The conference agreement provides $22,000,000 for the AHS and includes funds to incorporate commercial vehicles into the AHS program. ITS evaluations.--The conference agreement provides $2,000,000 for ITS evaluations. The conferees agree not to specify a minimum on the level of resources to be used to analyze the costs and benefits of the CVISN prototype/pilot program. Technology assessment and deployment.--The conference agreement provides $13,999,000 for technology assessment and deployment and includes sufficient resources to conduct the office of highway safety's ongoing outreach activities. Technical assistance to Russia.--The conference agreement includes $200,000 to further the FHWA's ongoing technical assistance program to Russia. Federal-Aid Highways (Limitation on Obligations) (Highway Trust Fund) Amendment No. 35: Limits obligations for the federal-aid highways program to $18,000,000,000 instead of $17,550,000,000 as proposed by the House and $17,650,000,000 as proposed by the Senate. The conference agreement deletes the Senate references of priority designations and set-asides within the Federal Highway Administration's discretionary grant programs. The conferees direct that within the total provided for the intelligent transportation systems program, funding shall be available for the following projects in the amounts specified below: Project Conference level Utah advanced traffic management system................. $5,000,000 Hazardous materials intermodal monitoring system........ 2,000,000 Houston, Texas.......................................... 2,000,000 Texas transportation institute.......................... 600,000 Inglewood, California................................... 1,000,000 Minnesota Guidestar..................................... 3,600,000 I-10 Mobile, Alabama causeway........................... 2,000,000 Mobile, Alabama advanced traffic management system...... 1,000,000 National transportation center, Oakdale, New York....... 2,500,000 Nashville, Tennessee traffic guidance system............ 1,000,000 Operation Respond, Maryland............................. 1,000,000 Green light CVO project, Oregon......................... 7,000,000 Pennsylvania Turnpike................................... 3,000,000 National Capital region congestion mitigation........... 3,500,000 Advanced transportation weather information system, University of North Dakota.......................... 1,000,000 National advanced driving simulator..................... 14,000,000 Kansas City, Missouri (region).......................... 2,500,000 United States/Canada CVO................................ 1,500,000 TRANSCOM, New York/New Jersey........................... 2,250,000 Rochester, New York congestion management............... 1,500,000 Urban transportation safety systems center, Philadelphia 500,000 New York State Thruway.................................. 3,000,000 Advanced railroad/highway crossings..................... 2,000,000 Rensselaer County, I-90 connector (reprogrammed funds \1\)................................................ (2,000,000) \1\ These funds are reprogrammed from the Southern State Parkway, New York Inform System. National capital region congestion mitigation.--The conferees are aware of the specialized analysis and evaluations associated with the national capital ITS deployment and support the Virginia Department of Transportation's (VDOT) plan to allocate $500,000 of the funds made available for this initiative for modeling the regional impacts of a traveler information project. The conferees direct the FHWA, working with VDOT, to ensure that this analysis is conducted in a manner which fully identifies the impacts and benefits of the showcase program from a regional basis. Los Alamos National Laboratory.--The conferees note that the level of mobile source emissions is increasing in the United States, raising concerns about the impact of transportation on air quality. The conferees urge the department to work with Los Alamos National Laboratory on an integrated evaluation tool at the laboratory that combines advanced measurement and modeling tools with innovative policy approaches. The conferees direct that any funding provided for intelligent transportation systems be used only in support of, or for research on, intelligent transportation systems and not for construction of buildings in fiscal year 1997. The director of the joint program office shall ensure that the operations of each of the ITS projects funded with either GOE or ISTEA funds is consistent with the national systems architecture and the purposes of section 6053(b) of ISTEA. These projects shall contribute to the implementation of the standards development work and shall promote interoperability of ITS systems among the states. The conferees have also included sufficient funding for the ITS rural initiative, as proposed in the fiscal year 1997 budget. The conferees support the widest possible distribution of all published reports resulting from the ITS program to anyone at reasonable costs. The director of the joint program office shall encourage the timely distribution of such publications in electronic forms through clearinghouses. Orange County toll road.--Any agreement entered into by the Secretary of Transportation under the provisions of title IV of this Act must specify that all construction contingency reserves are to be exhausted before the line of credit provided in that section is drawn upon; however, any other contingency reserves, such as environmental reserves, need not be exhausted and may remain in place. This provision is intended to make more efficient use of prior appropriations to the underlying project by permitting substitution of a federal line of credit for a portion of the project's construction reserves, but it is not intended to affect or involve required environmental reserves in any way. Highway Beautification Act.--The conferees are aware that the FHWA has announced that it is revising regulations governing outdoor advertising along certain federal-aid highways in order to reduce the complexity of these regulations and emphasizing the role of the states regarding effective control of such advertising. As part of FHWA's review of this issue, the FHWA shall prepare a report that discusses the feasibility, including necessary statutory revisions, of allowing a state to implement common sense exemptions to existing prohibitions on the posting of ``for sale'' signs along certain federal-aid highways if such exemptions respond to unique needs or issues relevant to the state. The conferees agree that this report shall be submitted to the House and Senate Committees on Appropriations no later than January 31, 1997. right-of-way revolving fund (limitation on direct loans) (highway trust fund) Amendment No. 36: Restores language proposed by the House and stricken by the Senate that prohibits new obligations for right-of-way acquisition during fiscal year 1997 and deletes language proposed by the Senate that would have provided $8,000,000 for new direct loans. motor carrier safety grants (liquidation of contract authorization) (highway trust fund) Amendment No. 37: Limits obligations for motor carrier safety grants to $78,225,000 instead of $77,425,000 as proposed by the House and $79,000,000 as proposed by the Senate. The conferees agree to the following program allocations: Basic grants to states.................................. $60,000,000 Traffic enforcement..................................... 7,800,000 Hazardous materials training............................ 1,500,000 Research and development................................ 500,000 Public education........................................ 500,000 CDL enforcement......................................... 1,000,000 Truck and bus accidents................................. 1,750,000 Uniformity grants....................................... 2,500,000 Uniformity working groups............................... 350,000 Commercial vehicle information system................... 1,500,000 Administrative expenses................................. 825,000 Out-of-service verification activities.--The conferees agree that, within the basic grant program, $1,000,000 shall be for out-of-service verification activities, of which at least $500,000 shall be for new and innovative covert operations strategies. Assistance to border states.--The conferees direct that, within the basic grant program, $1,000,000 shall be for Mexican border enforcement activities instead of $750,000 as proposed by the House. Travel.--In each of the respective reports, both the House and Senate directed the office of motor carriers (OMC) to hold its federal grants conference in conjunction with the Commercial Vehicle Safety Alliance (CVSA) conference because most inspectors and state motor vehicle personnel attend the CVSA conference. Combining these two conferences would be a wise use of scarce travel resources. However, the conferees understand that OMC is planning its own conference, disregarding House and Senate directives. The conferees again direct OMC to combine these two conferences as a means to control costs. state infrastructure banks Amendment No. 38: Appropriates $150,000,000 from the general fund for the state infrastructure bank pilot program instead of $250,000,000 from the highway trust fund as proposed by the Senate. The House bill contained no similar appropriation. The conference agreement includes language that prohibits the distribution of funds provided under this Act until 180 days after enactment to ensure that all states have sufficient time to submit applications for consideration. The conference agreement deletes the Senate's directive that funds be provided from the state infrastructure bank pilot program for the Alameda corridor project. National Highway Traffic Safety Administration Operations and Research Amendment No. 29; Appropriates $80,900,000 from the general fund for operations and research activities of the National Highway Traffic Safety Administration (NHTSA) instead of $81,895,000 as proposed by the House and $80,000,000 as proposed by the Senate. Operations and Research (Highway Trust Fund) Amendment No. 40: Appropriates $51,712,000 from the highway trust fund for operations and research of the National Highway Traffic Safety Administration instead of $50,377,000 as proposed by the House and $53,195,000 as proposed by the Senate. The conference agreement for operations and research (general fund and highway trust fund combined) includes the following adjustments to the budget request: Safety performance: Vehicle safety standards............................ +$340,000 New car assessment program.......................... -750,000 Fuel economy program................................ -1,500,000 Safety assurance: Vehicle safety compliance........................... -186,000 Auto safety hotline................................. -300,000 Odometer fraud...................................... -40,000 Vehicle domestic content labeling................... -500,000 Highway safety program: Safe communities.................................... -900,000 Alcohol, drug, and state program.................... -200,000 Target population education......................... -137,000 State and communities program evaluation............ -900,000 Speed enforcement................................... +100,000 State motor vehicle services........................ -423,000 Rail-highway demonstration program.................. -3,000,000 Older driver........................................ +100,000 Fatigue............................................. +1,000,000 Research and analysis: Crash avoidance efforts............................. -3,000,000 Fund NADS within ITS program........................ -10,500,000 Data analysis program............................... -465,000 State data program.................................. -800,000 Partnership for next generation vehicles............ -2,500,000 General administration: Strategic planning.................................. -250,000 Economic analysis................................... -100,000 Office of the administrator: International harmonization......................... +60,000 Accountwide adjustments: Training............................................ -50,000 Non-pay inflation................................... -300,000 Computer support.................................... -500,000 Vehicle safety performance standards.--The conferees provide $929,000 for vehicle safety performance, an increase of $340,000 from the budget request. This additional funding should be used toward establishing a federal motor vehicle safety standard for frontal offset crash testing. The conferees direct NHTSA to work with interested parties, including the automotive industry, to develop such a standard under established rulemaking procedures. The conferees believe that such a standard will enhance automobile safety for all consumers. Further, these activities should reflect ongoing efforts to enhance international harmonization of safety standards. NHTSA should be prepared to provide a status report to the House and Senate Appropriations Committees on standards development and harmonization with current European and Australian offset crash tests during the fiscal year 1998 hearings. New car assessment program.--The conference agreement provides $2,792,000 for the new car assessment program. Funding is allocated in the following manner: $1,695,000 for frontal impact testing; $850,000 for side impact testing; and $247,000 for promotional activities. The conferees note that there are substantial differences between the U.S. side impact standard and the new European standard. These differences are inconsistent with the need for the international harmonization of motor vehicle safety standards. Therefore, NHTSA is directed to submit a report to the House and Senate Committees on Appropriations by April 30, 1997, on the agency's plan for achieving harmonization of the side impact standard. The conferees have not funded a new frontal offset test as part of the NCAP program and note that there is no motor vehicle safety standard for this test. However, the conferees have provided $340,000 under the vehicle safety standard program for NHTSA to begin work on establishing a frontal offset standard. Vehicle domestic content labeling audit.--The conferees were unable to provide funding for the vehicle domestic content labeling audit; however, this does not prejudice the project from receiving consideration for funding in future appropriation bills. State and communities program evaluation.--The conferees have provided $100,000 to conduct a field evaluation of breath alcohol ignition interlock devices. Many states have been experimenting with programs requiring the use of these devices as a condition of probation or for early relicensing of impaired driving repeat offenders. Since the effectiveness of these programs is not well documented, this evaluation should, among other things, determine if these devices are successful in preventing drunk drivers from becoming repeat offenders. Speed enforcement.--The conference agreement provides $556,000 for speed and unsafe driving, including $100,000 to undertake a study on the effect of repealing the national speed limit, as required by the National Highway System Designation Act of 1995. Older driver research.--The conferees have provided $544,000 for older driver research, an increase of $100,000 above the budget request. These additional funds are to be provided to continue activities to improve older driver performance, as directed by the Senate. Driver fatigue.--The conference agreement includes $1,000,000 to analyze the role of driver fatigue, sleep disorders, and inattention. NHTSA should collaborate directly with the National Center on Sleep Disorders Research to conduct and assess public information activities in these three areas and submit a report to the House and Senate Appropriations Committees by May 1, 1997 that describes these collaborative efforts. Child passenger safety.--The conferees direct that $137,000 be used for education and outreach activities to inform parents of potential dangers of automobile airbag deployment in connection with infant and child car seats. This effort can either be supported from appropriated funds or pledged contributions by a coalition of automobile manufacturers, air bag suppliers, insurance companies, and safety organizations. Motor vehicle services.--The conference agreement directs that up to $200,000 from the section 402 administrative takedown account shall be used to provide evaluations and technical assistance to states on motor vehicle services. Biomechanics.--The conference agreement provides $7,450,000 for biomechanics, of which $250,000 shall be for research on child safety seats and their interaction with airbags. This funding shall be used to conduct a comprehensive, interdisciplinary study involving pediatric trauma experts, engineers, and epidemiologists on means to prevent additional deaths and injuries. Research is already being conducted in this area by Children's Hospital in Philadelphia in conjunction with the University of Pennsylvania School of Engineering. Bicycle safety.--The conferees note that children aged 5 to 14 are the most common victims of bicycle injuries, with bicycling the fourth leading cause of death for that age group. Of the 500,000 bicycle injuries occurring in the United States each year, the age group 5 to 14 accounts for more than 50 percent. To address this alarming development and the existing gap in research dedicated to prevention of bicycle accidents, the conferees urge NHSTA to provide necessary support to Children's Hospital of Pittsburgh and Carnegie--Mellon University for human factors research geared to utilizing advanced technology and medical science to investigate how bicycle accidents occur in the first place, and to design and implement a prevention program. International harmonization.--The conferees have provided $246,000 for international harmonization, as proposed by the House. This funding should be used to harmonize international research efforts, help emerging markets adopt current vehicle safety standards, and reduce or eliminate incompatibilities among various safety regulations. highway traffic safety grants (liquidation of contract authorization) (highway trust fund) Amendment No. 41: Appropriates $168,100,000 to liquidate contract authority obligations for highway traffic safety grants instead of $167,100,000 as proposed by the House and $169,100,000 as proposed by the Senate. Amendment No. 42. Limits obligations for highway traffic safety grants to $168,100,000 instead of $167,100,000 as proposed by the House and $169,100,000 as proposed by the Senate. Amendment No. 43. Provides $128,700,000 for state and community highway safety grants instead of $127,700,000 as proposed by the House and 129,700,000 as proposed by the Senate. Amendment No. 44. Provides $11,500,000 for Section 1003(a)(7) highway safety grants instead of $11,000,000 as proposed by the House and $12,000,000 as proposed by the Senate. Amendment No. 45. Provides $25,500,000 for Section 410 alcohol-impaired driving countermeasures instead of $26,000,000 as proposed by the House and $25,000,000 as proposed by the Senate. Amendment No. 46. Provides $5,468,000 for administering state and community highway safety programs as proposed by the Senate instead of $5,268,000 as proposed by the House. Federal Railroad Administration office of the administrator Amendment No. 47. Appropriates $16,739,000 for the Office of the Administrator as proposed by the Senate instead of $16,469,000 as proposed by the House. Ravenna, Ohio connection.--The conferees directed the Federal Railroad Administration (FRA) to study, in conjunction with Amtrak, the State of Ohio, and affected freight railroads, the feasibility of constructing a railway connection in Ravenna, Ohio that would restore Amtrak service to the cities of Youngstown and Ravenna and provide service to New Castle, Pennsylvania. Of the total funds appropriated, not less than $200,000 shall be available to conduct this study, which should address, among other items, closure and safety enhancements to a highway-rail grade crossing located at the site. it is the intention of the conferees that should the $200,000 for the study not be fully spent, excess funds be available for environmental assessment of the Ravenna connection, provided that state and/or local funds have been pledged. Rail Safety Institute.--The conference agreement includes a general provision that permits FRA to establish a Rail Safety Institute and provides $200,000 from the office of the administrator to establish and operate this institute. Train whistle ban.--In implementing section 20153 of title 49, United States Code, the conferees encourage the Secretary of Transportation to document the impact on communities of any new requirements for the sounding of train whistles or horns at highway-rail grade crossings, while keeping in mind the paramount importance of safety. In exercising the statutory authority to provide for exceptions to the horn sounding requirement, the Secretary should consider the safety records of individual highway-rail grade crossings and provide exceptions where there is no significant history of loss of life or serious personal injury. The Secretary is also strongly encouraged to consider comprehensive local rail safety enforcement and public education programs as supplementary safety measures. Where it is determined that new physical supplementary safety measures are necessary, particular characteristics of the crossing and the views of the affected community should be considered. Finally, the Secretary is strongly encouraged to work in close partnership with communities affected by this law and to provide such communities with technical assistance. railroad research and development Amendment No. 48. Appropriates $20,100,000 for railroad research and development instead of $20,341,000 as proposed by the House and $20,000,000 as proposed by the Senate. The conference agreement includes the following changes to the budget request: Reductions in new program initiatives................... $-2,725,000 Delete funding for maglev initiative.................... -1,000,000 Hold environmental program to 1996 level................ -400,000 Offset for high unobligated balances.................... -640,000 Increase Operation Lifesaver............................ +300,000 -------------------------------------------------------- ____________________________________________________ Net reduction..................................... $-4,465,000 Mitigation study.--The conference agreement includes $100,000 to conduct a study on the impacts of reopening the Stampede Pass rail line operated by Burlington Northern-Santa Fe Railroad. This study shall be conducted by the FRA in conjunction with officials from the city of Auburn, Washington, which will provide local matching funds to complete the study. Amtrak privatization study.--The conferees encourage FRA to conduct a study on the privatization of intercity passenger rail service. Such a study may investigate the alternatives of: (a) a passenger system operating under the franchise of a public or private national coordinating authority with service provided by one or more private operators; (b) privatization of Amtrak with significant, sustainable, and stable sources of capital funding; and (c) federal withdrawal from all intercity passenger rail funding responsibility. The study should also quantify the costs of the Federal Government of any privatization options outlined above. The study should seek analysis and options from a variety of groups, as outlined in the Senate report, and should be submitted to the House and Senate Committees on Appropriations by August 1, 1997. Positive train control.--The conferees commend the FRA for its consideration of a demonstration project proposal involving positive train contain technologies, which would develop on-board locomotive train control devices that could be applied by railroads using a variety of technologies, and would be tested on the rail line between Manassas, Virginia through Hagerstown, Maryland to Harrisburg, Pennsylvania. Micro-superconducting magnetic energy storage.--The conferees have become aware of the effectiveness of micro- superconducting magnetic energy storage (SMES) technology in preventing power outages in certain manufacturing industries and its potential for generating energy savings and enhancing safety in the railroad industry. Accordingly, the conferees direct the Department to report to the House and Senate Committees on Appropriations by April 1, 1997 on the feasibility of utilizing micro-SMES technology to provide cost effective energy regeneration and energy savings capability along the northeast corridor for both Amtrak and commuter rail operations. Northeast Corridor Improvement Program Amendment No. 49: Appropriates $115,000,000 for the Northeast Corridor Improvement Program instead of $200,000,000 as proposed by the Senate. The House bill contained no similar appropriation for this program. North Philadelphia station.--The conferees note continued delays in the completion of the rehabilitation of the North Philadelphia train station. The conferees direct Amtrak to spend previously appropriated funds by September 1, 1997. Railroad Rehabilitation and Improvement Program Amendment No. 50: Deletes loan guarantees of $75,000,000 and an associated appropriation of $4,158,000 for the railroad rehabilitation and improvement program proposed by the Senate. The House bill contained no similar loan guarantees or appropriation. Next Generation High-Speed Rail Amendment No. 51: Appropriates $24,757,000 for next generation high-speed rail studies, corridor planning, development, demonstration, and implementation instead of $19,757,000 as proposed by the House and $26,525,000 as proposed by the Senate. The conference agreement provides total funding (appropriation plus contract authority remaining in the trust fund) of $26,178,000, to be allocated as follows: Advanced train control: State of Oregon..................................... $3,000,000 Flexible blocks..................................... 1,000,000 Nonelectric locomotives: Transportation technology center.................... 3,000,000 Advanced propulsion project......................... 2,000,000 New York nonelectric locomotives.................... 4,000,000 Grade crossing hazards and innovative technologies...... 5,000,000 Track and structures: State of Oregon..................................... 5,650,000 Other states........................................ 850,000 Planning technology..................................... 428,000 Northwest high-speed rail projects.--A total of $8,650,000 is provided for the State of Oregon, including $5,650,000 for tracks, signals, and grade crossing improvements within the Eugene, Oregon to Vancouver, Washington segment of the Pacific Northwest high-speed rail corridor; and $3,000,000 for extending the positive train separation system, modeling, and testing within the corridor. This will complement State and local investment being made in this FRA-designated high-speed rail corridor to achieve two hour service between Portland and Eugene, Oregon. No matching funds shall be required for this project. Amendment No. 52: Provides that next generation high- speed rail funds may be made available for track and signal improvements as proposed by the House instead of track, signal, and station improvements as proposed by the Senate. alaska railroad rehabilitation Amendment No. 53: Appropriates $10,000,000 for Alaska railroad rehabilitation as proposed by the Senate. The House bill contained no similar provision. rhode island rail development Amendment No. 54: Appropriates $7,000,000 for the Rhode Island rail development project instead of $4,000,000 as proposed by the House and $10,000,000 as proposed by the Senate. Amendment No. 55: Directs the Providence and Worcester Railroad to reimburse Amtrak and/or the Federal Railroad Administration up to the first $13,000,000 in legal damages if damages occur resulting from provision of vertical clearances in excess of those required for present freight operations instead of $10,000,000 as proposed by the House and $16,000,000 as proposed by the Senate. direct loan financing program Amendment No. 56: Deletes appropriation of $58,680,000 in direct loan financing for the Alameda Corridor and the limitation on direct loans of $400,000,000 proposed by the House. The Senate bill contained no similar a