|
|
 |
|
[From Thomas, a service of the U.S. Congress through its Library.
Check for accuracy before citing or quoting.]
43 496
105 th Congress
Report
HOUSE OF REPRESENTATIVES
1st Session
105 313
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF TRANSPORTATION AND
RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1998, AND FOR
OTHER PURPOSES
October 7, 1997.--Ordered to be printed
Mr. Wolf , from the committee on conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2169]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 2169) ``making
appropriations for the Department of Transportation and related agencies
for the fiscal year ending September 30, 1998, 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 House recede from its disagreement to the amendment of the
Senate, and agree to the same with an amendment, as follows:
In lieu of the matter stricken and inserted by said amendment, insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of
Transportation and related agencies for the fiscal year ending September
30, 1998, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary, $61,000,000,
of which not to exceed $40,000 shall be available as the Secretary may
determine for allocation within the Department for official reception
and representation expenses: Provided, That notwithstanding any other
provision of law, there may be credited to this appropriation up to
$1,000,000 in funds received in user fees: Provided further, That none
of the funds appropriated in this Act or otherwise made available may be
used to maintain custody of airline tariffs that are already available
for public and departmental access at no cost; to secure them against
detection, alteration, or tampering; and open to inspection by the
Department.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights, $5,574,000.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
For necessary expenses for conducting transportation planning,
research, systems development, and development activities, to remain
available until expended, $4,400,000.
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER
Necessary expenses for operating costs and capital outlays of the
Transportation Administrative Service Center, not to exceed
$121,800,000, shall be paid from appropriations made available to the
Department of Transportation: Provided , That such services shall be
provided on a competitive basis to entities within the Department of
Transportation: Provided further , That the above limitation on
operating expenses shall not apply to non-DOT entities: Provided further
, That no funds appropriated in this Act to an agency of the Department
shall be transferred to the Transportation Administrative Service Center
without the approval of the agency modal administrator: Provided further
, That no assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless notice of
such assessments and the basis therefor are presented to the House and
Senate Committees on Appropriations and are approved by such Committees.
PAYMENTS TO AIR CARRIERS
(rescission of contract authorization)
(airport and airway trust fund)
Of the budgetary resources provided for ``Small Community Air
Service'' by Public Law 101 508, for fiscal year 1998, $38,600,000 are
rescinded.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of direct loans, $1,500,000, as authorized by 49 U.S.C.
332: Provided , That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further , That these funds are available to
subsidize gross obligations for the principal amount of direct loans not
to exceed $15,000,000. In addition, for administrative expenses to carry
out the direct loan program, $400,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource Center outreach
activities, $2,900,000, of which $2,635,000 shall remain available until
September 30, 1999: Provided , That notwithstanding 49 U.S.C. 332, these
funds may be used for business opportunities related to any mode of
transportation.
COAST GUARD
OPERATING EXPENSES
(including transfer of funds)
For necessary expenses for the operation and maintenance of the Coast
Guard, not otherwise provided for; purchase of not to exceed five
passenger motor vehicles for replacement only; payments pursuant to
section 156 of Public Law 97 377, as amended (42 U.S.C. 402 note), and
section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and
recreation and welfare; $2,715,400,000, of which $300,000,000 shall be
available for defense-related activities and $25,000,000 shall be
derived from the Oil Spill Liability Trust Fund: Provided , That the
number of aircraft on hand at any one time shall not exceed two hundred
and twelve, exclusive of aircraft and parts stored to meet future
attrition: Provided further , That none of the funds appropriated in
this or any other Act shall be available for pay or administrative
expenses in connection with shipping commissioners in the United States:
Provided further , That none of the funds provided in this Act shall be
available for expenses incurred for yacht documentation under 46 U.S.C.
12109, except to the extent fees are collected from yacht owners and
credited to this appropriation: Provided further , That the Commandant
shall reduce both military and civilian employment levels for the
purpose of complying with Executive Order No. 12839: Provided further ,
That $34,300,000 of the funds provided under this heading for increased
drug interdiction activities are not available for obligation until the
Director, Office of National Drug Control Policy: (1) reviews the
specific activities and associated costs and benefits proposed by the
Coast Guard; (2) compares those activities to other drug interdiction
efforts government-wide; and (3) certifies, in writing, to the House and
Senate Committees on Appropriations that such expenditures represent the
best investment relative to other options: Provided further , That
should the Director, Office of National Drug Control Policy decline to
make such certification, after notification in writing to the House and
Senate Committees on Appropriations, the Director may transfer, at his
discretion, up to $34,300,000 of funds provided herein for Coast Guard
drug interdiction activities to any other entity of the Federal
Government for drug interdiction activities: Provided further , That up
to $615,000 in user fees collected pursuant to section 1111 of Public
Law 104 324 shall be credited to this appropriation as offsetting
collections in fiscal year 1998.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto, $397,850,000, of which
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund; of
which $212,100,000 shall be available to acquire, repair, renovate or
improve vessels, small boats and related equipment, to remain available
until September 30, 2002; $25,800,000 shall be available to acquire new
aircraft and increase aviation capability, to remain available until
September 30, 2000; $44,650,000 shall be available for other equipment,
to remain available until September 30, 2000; $68,300,000 shall be
available for shore facilities and aids to navigation facilities, to
remain available until September 30, 2000; and $47,000,000 shall be
available for personnel compensation and benefits and related costs, to
remain available until September 30, 1999: Provided, That funds received
from the sale of HU 25 aircraft shall be credited to this appropriation
for the purpose of acquiring new aircraft and increasing aviation
capacity: Provided further, That the Commandant may dispose of surplus
real property by sale or lease and the proceeds shall be credited to
this appropriation, of which not more than $9,000,000 shall be credited
as offsetting collections to this account, to be available for the
purposes of this account: Provided further, That the amount herein
appropriated from the General Fund shall be reduced by such amount:
Provided further, That any proceeds from the sale or lease of Coast
Guard surplus real property in excess of $9,000,000 shall be retained
and remain available until expended, but shall not be available for
obligation until October 1, 1998: Provided further, That the Secretary,
acting through the Commandant, may enter into a long-term Use Agreement
with the City of Unalaska for dedicated pier space on the municipal dock
necessary to support Coast Guard enforcement
vessels when such vessels call on the Port of Dutch Harbor, Alaska.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the Coast Guard's environmental
compliance and restoration functions under chapter 19 of title 14,
United States Code, $21,000,000, to remain available until expended.
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of obstructive
bridges, $17,000,000, to remain available until expended.
RETIRED PAY
For retired pay, including the payment of obligations therefor
otherwise chargeable to lapsed appropriations for this purpose, and
payments under the Retired Serviceman's Family Protection and Survivor
Benefits Plans, and for payments for medical care of retired personnel
and their dependents under the Dependents Medical Care Act (10 U.S.C.
ch. 55); $653,196,000.
RESERVE TRAINING
(including transfer of funds)
For all necessary expenses of the Coast Guard Reserve, as authorized
by law; maintenance and operation of facilities; and supplies,
equipment, and services; $67,000,000: Provided , That no more than
$20,000,000 of funds made available under this heading may be
transferred to Coast Guard ``Operating expenses'' or otherwise made
available to reimburse the Coast Guard for financial support of the
Coast Guard Reserve.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses, not otherwise provided for, for applied
scientific research, development, test, and evaluation; maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law, $19,000,000, to remain available until expended, of
which $3,500,000 shall be derived from the Oil Spill Liability Trust
Fund: Provided , That there may be credited to this appropriation funds
received from State and local governments, other public authorities,
private sources, and foreign countries, for expenses incurred for
research, development, testing, and evaluation.
BOAT SAFETY
(aquatic resources trust fund)
For payment of necessary expenses incurred for recreational boating
safety assistance under Public Law 92 75, as amended, $35,000,000, to be
derived from the Boat Safety Account and to remain available until
expended.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities and
the operation (including leasing) and maintenance of aircraft, and
carrying out the provisions of subchapter I of chapter 471 of title 49,
United States Code, or other provisions of law authorizing the
obligation of funds for similar programs of airport and airway
development or improvement, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made available by
Public Law 104 264, $5,301,934,000, of which $1,901,628,000 shall be
derived from the Airport and Airway Trust Fund: Provided , That none of
the funds in this Act shall be available for the Federal Aviation
Administration to plan, finalize, or implement any regulation that would
promulgate new aviation user fees not specifically authorized by law
after the date of enactment of this Act: Provided further , That there
may be credited to this appropriation funds received from States,
counties, municipalities, foreign authorities, other public authorities,
and private sources, for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further , That funds may be used to
enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further , That none of the funds in this Act shall be available
for new applicants for the second career training program: Provided
further , That none of the funds in this Act shall be available for
paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation
Administration employee unless such employee actually performed work
during the time corresponding to such premium pay: Provided further ,
That none of the funds in this Act may be obligated or expended to
operate a manned auxiliary flight service station in the contiguous
United States: Provided further , That none of the funds derived from
the Airport and Airway Trust Fund may be used to support the operations
and activities of the Associate Administrator for Commercial Space
Transportation: Provided further, That up to $5,000 of funds
appropriated
under this heading may be used for activities under the
Aircraft Purchase Loan Guarantee Program.
FACILITIES AND EQUIPMENT
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, and improvement by contract or purchase, and hire of air
navigation and experimental facilities and equipment as authorized under
part A of subtitle VII of title 49, United States Code, including
initial acquisition of necessary sites by lease or grant; engineering
and service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; and construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available under this
head; to be derived from the Airport and Airway Trust Fund,
$1,875,477,000, of which $1,656,367,000 shall remain available until
September 30, 2000, and of which $219,110,000 shall remain available
until September 30, 1998: Provided , That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment and modernization of air navigation facilities.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$199,183,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2000: Provided , That there may
be credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred for research, engineering, and development: Provided
further, That none of the funds in this Act may be obligated or expended
for the ``Flight 2000'' Program.
GRANTS-IN-AID FOR AIRPORTS
(liquidation of contract authorization)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid for airport
planning and development, and for noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations, $1,600,000,000, to be derived from the
Airport and Airway Trust Fund and to remain available until expended:
Provided, That none of the funds in this Act shall be available for the
planning or execution of programs the obligations for which are in
excess of $1,700,000,000 in fiscal year 1998 for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs, notwithstanding section 47117(h) of title 49, United States
Code: Provided further, That discretionary funds available for noise
planning and mitigation shall not exceed $200,000,000 and discretionary
funds available for the military airport program shall not exceed
$26,000,000.
GRANTS-IN-AID FOR AIRPORTS
(airport and airway trust fund)
(rescission of contract authorization)
Of the unobligated balances authorized under 49 U.S.C. 48103 as
amended, $412,000,000 are rescinded.
AVIATION INSURANCE REVOLVING FUND
The Secretary of Transportation is hereby authorized to make such
expenditures and investments, within the limits of funds available
pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the
Government Corporation Control Act, as amended (31 U.S.C. 9104), as may
be necessary in carrying out the program for aviation
insurance activities under chapter 443 of title 49, United States Code.
AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM
Except as specifically provided elsewhere in this Act, none of the
funds in this Act shall be available for activities under this heading
during fiscal year 1998.
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON GENERAL OPERATING EXPENSES
Necessary expenses for administration, operation, including motor
carrier safety program operations, and research of the Federal Highway
Administration not to exceed $552,266,000 shall be paid in accordance
with law from appropriations made available by this Act to the Federal
Highway Administration together with advances and reimbursements
received by the Federal Highway Administration: Provided , That
$241,708,000 of the amount provided herein shall remain available until
September 30, 2000.
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
For carrying out the provisions of section 1069(y) of Public Law 102
240, relating to construction of, and improvements to, corridors of the
Appalachian Development Highway System, $300,000,000 to remain available
until expended: Provided, That none of the funds provided under this
heading shall be available for engineering, design, right-of-way
acquisition, or major construction of the Appalachian development
highway system between I 81 in Virginia and the community of
Wardensville, West Virginia.
FEDERAL-AID HIGHWAYS
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs the obligations for which are in
excess of $21,500,000,000 for Federal-aid highways and highway safety
construction programs for fiscal year 1998.
FEDERAL-AID HIGHWAYS
(liquidation of contract authorization)
(highway trust fund)
For carrying out the provisions of title 23, United States Code, that
are attributable to Federal-aid highways, including the National Scenic
and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise
provided, including reimbursements for sums expended pursuant to the
provisions of 23 U.S.C. 308, $20,800,000,000 or so much thereof as may
be available in and derived from the Highway Trust Fund, to remain
available until expended.
RIGHT-OF-WAY REVOLVING FUND
(limitation on direct loans)
(highway trust fund)
None of the funds under this head are available for obligations for
right-of-way acquisition during fiscal year 1998.
MOTOR CARRIER SAFETY GRANTS
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C. 31102,
$85,000,000, to be derived from the Highway Trust Fund and to remain
available until expended: Provided, That none of the funds in this Act
shall be available for the implementation or execution of programs the
obligations for which are in excess of $84,825,000 for ``Motor Carrier
Safety Grants''.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH
For expenses necessary to discharge the functions of the Secretary
with respect to traffic and highway safety under part C of subtitle VI
of title 49, United States Code, and chapter 301 of title 49, United
States Code, $74,901,000, of which $40,674,000 shall remain available
until September 30, 2000: Provided , That none of the funds appropriated
by this Act may be obligated or expended to plan, finalize, or implement
any rulemaking to add to section 575.104 of title 49 of the Code of
Federal Regulations any requirement pertaining to a grading standard
that is different from the three grading standards (treadwear, traction,
and temperature resistance) already in effect.
OPERATIONS AND RESEARCH
(highway trust fund)
For expenses necessary to discharge the functions of the Secretary
with respect to traffic and highway safety under 23 U.S.C. 403 and
section 2006 of the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102 240), to be derived from the Highway Trust Fund,
$72,061,000, of which $49,520,000 shall remain available until September
30, 2000.
HIGHWAY TRAFFIC SAFETY GRANTS
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred carrying out the provisions of 23
U.S.C. 153, 402, 408, and 410, and chapter 303 of title 49, United
States Code, to remain available until expended, $186,000,000, to be
derived from the Highway Trust Fund: Provided, That, notwithstanding
subsection 2009(b) of the Intermodal Surface Transportation Efficiency
Act of 1991, none of the funds in this
Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year 1998, are in
excess of $186,500,000 for programs authorized under 23 U.S.C. 402, 410,
and chapter 303 of title 49, U.S.C., of which $149,700,000 shall be for
``State and community highway safety grants'', $2,300,000 shall be for
the ``National Driver Register'', and $34,500,000 shall be for section
410 ``Alcohol-impaired driving counter-measures programs'': Provided
further, That none of these funds shall be used for construction,
rehabilitation or remodeling costs, or for office furnishings and
fixtures for State, local, or private buildings or structures: Provided
further, That not to exceed $5,268,000 of the funds made available for
section 402 may be available for administering ``State and community
highway safety grants'': Provided further, That not to exceed $150,000
of the funds made available for section 402 may be available for
administering the highway safety grants authorized by section 1003(a)(7)
of Public Law 102 240: Provided further, That not to exceed $500,000 of
the funds made available for section 410 ``Alcohol-impaired driving
counter-measures programs'' shall be available for technical assistance
to the States.
FEDERAL RAILROAD ADMINISTRATION
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $20,290,000, of which $1,389,000 shall remain
available until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of a program making
commitments to guarantee new loans under the Emergency Rail Services Act
of 1970, as amended, and no new commitments to guarantee loans under
section 211(a) or 211(h) of the Regional Rail Reorganization Act of
1973, as amended, shall be made: Provided further, That, as part of the
Washington Union Station transaction in which the Secretary assumed the
first deed of trust on the property and, where the Union Station
Redevelopment Corporation or any successor is obligated to make payments
on such deed of trust on the Secretary's behalf, including payments on
and after September 30, 1988, the Secretary is authorized to receive
such payments directly from the Union Station Redevelopment Corporation,
credit them to the appropriation charged for the first deed of trust,
and make payments on the first deed of trust with those funds: Provided
further, That such additional sums as may be necessary for payment on
the first deed of trust may be advanced by the Administrator from
unobligated balances available to the Federal Railroad Administration,
to be reimbursed from payments received from the Union Station
Redevelopment Corporation.
RAILROAD SAFETY
For necessary expenses in connection with railroad safety, not
otherwise provided for, $57,067,000, of which $5,511,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated under this heading are available
for the reimbursement of out-of-state travel and per diem costs incurred
by employees of State governments directly supporting the Federal
railroad safety program, including regulatory development and
compliance-related activities.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development,
$20,758,000, to remain available until expended.
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
For necessary expenses related to Northeast Corridor improvements
authorized by title VII of the Railroad Revitalization and Regulatory
Reform Act of 1976, as amended (45 U.S.C. 851 et seq.) and 49 U.S.C.
24909, $250,000,000, to remain available until September 30, 2000, of
which $12,000,000 shall be for the Pennsylvania Station Redevelopment
Project.
RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to section
512 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94 210), as amended, in such amounts and at such times as
may be necessary to pay any amounts required pursuant to the guarantee
of the principal amount of obligations under sections 511 through 513 of
such Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That no new loan guarantee
commitments shall be made during fiscal year 1998.
NEXT GENERATION HIGH-SPEED RAIL
For necessary expenses for Next Generation High-Speed Rail studies,
corridor planning, development, demonstration, and implementation,
$20,395,000, to remain available until expended: Provided, That funds
under this head may be made available for grants to States for
high-speed rail corridor design, feasibility studies, environmental
analyses, and track and signal improvements.
ALASKA RAILROAD REHABILITATION
To enable the Secretary of Transportation to make grants to the
Alaska Railroad, $15,280,000 shall be for
capital rehabilitation and improvements benefiting its
passenger operations.
RHODE ISLAND RAIL DEVELOPMENT
For the costs associated with construction of a third track on the
Northeast Corridor between Davisville and Central Falls, Rhode Island,
with sufficient clearance to accommodate double stack freight cars,
$10,000,000, to be matched by the State of Rhode Island or its designee
on a dollar for dollar basis and to remain available until expended:
Provided , That as a condition of accepting such funds, the Providence
and Worcester (P&W) Railroad shall enter into an agreement with the
Secretary to reimburse Amtrak and/or the Federal Railroad
Administration, on a dollar for dollar basis, up to the first
$23,000,000 in damages resulting from the legal action initiated by the
P&W Railroad under its existing contracts with Amtrak relating to the
provision of vertical clearances between Davisville and Central Falls in
excess of those required for present freight operations.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation authorized by 49 U.S.C. 24104,
$543,000,000, to remain available until expended, of which $344,000,000
shall be available for operating losses, and $199,000,000 shall be for
capital improvements: Provided, That if Amtrak reform legislation as
required by section 977(f) of the Taxpayer Relief Act of 1997 is enacted
into law prior to the distribution by the Secretary of any of the funds
appropriated above for capital improvements, then the portion of this
appropriation made available for capital improvements shall not be
available for obligation and the Secretary shall not transfer any of the
funds appropriated under this heading for capital improvements to
Amtrak: Provided further, That in the event Amtrak reform legislation
required by section 977(f) of the Taxpayer Relief Act of 1997 is enacted
into law after the distribution of some or all of the funds appropriated
under this account for capital improvements are transferred by the
Secretary to Amtrak, then the Secretary of the Treasury shall reduce the
amount refunded to Amtrak under section 977 of the Taxpayer Relief Act
of 1997 by an amount equal to the funds distributed to Amtrak under this
heading for capital improvements and the portion of this appropriation
made available for capital improvements shall not be available for
obligation and no additional funds appropriated under this heading shall
be transferred by the Secretary to Amtrak for capital improvements:
Provided further , That none of the funds provided for capital
improvements may be transferred to operating losses to pay for debt
service interest unless specifically authorized by law after the date of
enactment of this Act: Provided further , That the incurring of any
obligation or commitment by the Corporation for the purchase of capital
improvements with funds appropriated herein which is prohibited by this
Act shall be deemed a violation of 31 U.S.C. 1341: Provided further ,
That funding under this head for capital improvements shall not be made
available before July 1, 1998: Provided further , That none of the funds
herein appropriated shall be used for lease or purchase of passenger
motor vehicles or for the hire of vehicle operators for any officer or
employee, other than the president of the Corporation, excluding the
lease of passenger motor vehicles for those officers or employees while
in official travel status.
FEDERAL TRANSIT ADMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $45,738,000: Provided , That none of the funds in this Act
shall be available for the execution of contracts under section 5327(c)
of title 49, United States Code, in an aggregate amount that exceeds
$15,000,000.
FORMULA GRANTS
For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2), 5311,
and 5336, to remain available until expended, $240,000,000: Provided ,
That no more than $2,500,000,000 of budget authority shall be available
for these purposes: Provided further , That of the funds provided under
this head for formula grants, no more than $150,000,000 may be used for
operating assistance under 49 U.S.C. 5336(d): Provided further , That
the limitation on operating assistance provided under this heading
shall, for urbanized areas of less than 200,000 in population, be no
less than seventy-five percent of the amount of operating assistance
such areas are eligible to receive under Public Law 103 331: Provided
further , That in the distribution of the limitation provided under this
heading to urbanized areas that had a population under the 1990 census
of 1,000,000 or more, the Secretary shall direct each such area to give
priority consideration to the impact of reductions in operating
assistance on smaller transit authorities operating within the area and
to consider the needs and resources of such transit authorities when the
limitation is distributed among all transit authorities operating in the
area.
UNIVERSITY TRANSPORTATION CENTERS
For necessary expenses for university transportation centers as
authorized by 49 U.S.C. 5317(b), to remain available until expended,
$6,000,000.
TRANSIT PLANNING AND RESEARCH
For necessary expenses for transit planning and research as
authorized by 49 U.S.C. 5303, 5311, 5313, 5314, and 5315, to remain
available until expended, $92,000,000, of which $39,500,000 shall be for
activities under Metropolitan Planning (49 U.S.C. 5303); $4,500,000 for
activities under Rural Transit Assistance (49 U.S.C. 5311(b)(2));
$8,250,000 for activities under State Planning and Research (49 U.S.C.
5313(b)); $36,750,000 for activities including National Planning and
Research (49 U.S.C. 5314 and 5313(a)); and $3,000,000 for National
Transit Institute (49 U.S.C. 5315).
TRUST FUND SHARE OF EXPENSES
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C.
5338(a), $2,210,000,000, to remain available until expended and to be
derived from the Highway Trust Fund: Provided , That $2,210,000,000
shall be paid from the Mass Transit Account of the Highway Trust Fund to
the Federal Transit Administration's formula grants account.
DISCRETIONARY GRANTS
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs the obligations for which are in
excess of $2,000,000,000 in fiscal year 1998 for grants under the
contract authority in 49 U.S.C. 5338(b): Provided , That there shall be
available for fixed guideway modernization, $800,000,000; there shall be
available for the replacement, rehabilitation, and purchase of buses and
related equipment and the construction of bus-related facilities,
$400,000,000; and there shall be available for new fixed guideway
systems $800,000,000, to be available as follows:
$44,600,000 for the Atlanta-North Springs project;
$1,000,000 for the Austin Capital metro project;
$46,250,000 for the Boston Piers MOS 2 project;
$1,000,000 for the Boston urban ring project;
$5,000,000 for the Burlington-Essex, Vermont commuter rail project;
$2,000,000 for the Canton-Akron-Cleveland commuter rail project;
$1,500,000 for the Charleston monobeam rail project;
$1,000,000 for the Charlotte South corridor transitway project;
$500,000 for the Cincinnati Northeast/Northern Kentucky rail line
project;
$5,000,000 for the Clark County, Nevada fixed guideway project;
$800,000 for the Cleveland Blue Line extension to Highland Hills
project;
$700,000 for the Cleveland Berea Red Line extension to Hopkins
International Airport;
$1,000,000 for the Cleveland Waterfront Line extension project;
$8,000,000 for the Dallas-Fort Worth RAILTRAN project;
$11,000,000 for the DART North Central light rail extension project;
$1,000,000 for the DeKalb County, Georgia light rail project;
$23,000,000 for the Denver Southwest Corridor project;
$20,000,000 for the New York East Side access project;
$8,000,000 for the Florida Tri-County commuter rail project;
$2,000,000 for the Galveston, Texas rail trolley system project;
$1,000,000 for the Houston Advanced Regional Bus project;
$51,100,000 for the Houston Regional Bus project;
$1,250,000 for the Indianapolis Northeast corridor project;
$3,000,000 for the Jackson, Mississippi intermodal corridor project;
$61,500,000 for the Los Angeles MOS 3 project;
$31,000,000 for MARC commuter rail improvements;
$1,000,000 for the Memphis, Tennessee regional rail project;
$5,000,000 for the Metro-Dade Transit east-west corridor project;
$5,000,000 for the Miami-North 27th Avenue project;
$1,000,000 for the Mission Valley East corridor project;
$500,000 for the Nassau Hub rail link EIS project;
$60,000,000 for the New Jersey Hudson-Bergen LRT project;
$27,000,000 for the New Jersey Secaucus project;
$6,000,000 for the New Orleans Canal Street corridor project;
$2,000,000 for the New Orleans Desire Streetcar project;
$12,000,000 for the North Carolina Research Triangle Park project;
$4,000,000 for the Northern Indiana South Shore commuter rail project;
$3,000,000 for the Oceanside-Escondido light rail project;
$1,600,000 for the Oklahoma City MAPS corridor transit project;
$2,000,000 for the Orange County transitway project;
$31,800,000 for the Orlando Lynx light rail project;
$500,000 for the Pennsylvania Strawberry Hill/Diamond Branch rail
project;
$4,000,000 for the Phoenix metropolitan area transit project;
$5,000,000 for the Pittsburgh airport busway project;
$63,400,000 for the Portland-Westside/Hillsboro project;
$2,000,000 for the Roaring Fork Valley rail project;
$20,300,000 for the Sacramento LRT project;
$63,400,000 for the Salt Lake City South LRT project;
$4,000,000 for the Salt Lake City regional commuter system project;
$1,000,000 for the San Bernardino Metrolink project;
$1,500,000 for the San Diego Mid-Coast corridor project;
$29,900,000 for the San Francisco BART extension to the airport
project;
$15,000,000 for the San Juan Tren Urbano;
$21,400,000 for the San Jose Tasman LRT project;
$18,000,000 for the Seattle-Tacoma light rail and commuter rail
projects;
$30,000,000 for the St. Louis-St. Clair LRT extension project;
$2,500,000 for the St. George Ferry terminal project;
$500,000 for the Springfield-Branson, Missouri commuter rail project;
$1,000,000 for the Tampa Bay regional rail project;
$2,000,000 for the Tidewater, Virginia rail project;
$1,000,000 for the Toledo, Ohio rail project;
$12,000,000 for the Twin Cities transitways projects;
$2,000,000 for the Virginia Rail Express Fredericksburg to
Washington commuter rail project;
$2,500,000 for the Whitehall ferry terminal project; and
$3,000,000 for the Wisconsin central commuter rail project.
MASS TRANSIT CAPITAL FUND
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C. 5338(b)
administered by the Federal Transit Administration, $2,350,000,000, to
be derived from the Highway Trust Fund and to remain available until
expended.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
For necessary expenses to carry out the provisions of section 14 of
Public Law 96 184 and Public Law 101 551, $200,000,000, to remain
available until expended.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying out
the programs set forth in the Corporation's budget for the current
fiscal year.
OPERATIONS AND MAINTENANCE
(harbor maintenance trust fund)
For necessary expenses for operation and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by the
Saint Lawrence Seaway Development Corporation, including the Great Lakes
Pilotage functions delegated by the Secretary of Transportation,
$11,200,000, to be derived from the Harbor Maintenance Trust Fund,
pursuant to Public Law 99 662.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
RESEARCH AND SPECIAL PROGRAMS
For expenses necessary to discharge the functions of the Research and
Special Programs Administration, $28,450,000, of which $574,000 shall be
derived from the Pipeline Safety Fund, and of which $4,950,000 shall
remain available until September 30, 2000: Provided, That up to
$1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited
in the general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
PIPELINE SAFETY
(pipeline safety fund)
(oilspill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out
a pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the Oil
Pollution Act of 1990, $31,300,000, of which $3,300,000 shall be derived
from the Oil Spill Liability Trust Fund and shall remain available until
September 30, 2000; and of which $28,000,000 shall be derived from the
Pipeline Safety Fund, of which $14,839,000 shall remain available until
September 30, 2000: Provided , That in addition to amounts made
available for the Pipeline Safety Fund, $1,100,000 shall be available
for grants to States for the development and establishment of one-call
notification systems and shall be derived from amounts previously
collected under 49 U.S.C. 60301, and that an additional $365,000 in
amounts previously collected under 49 U.S.C. 60301 is available to
conduct general functions of the pipeline safety program.
EMERGENCY PREPAREDNESS GRANTS
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2000: Provided , That none of the funds made
available by 49 U.S.C. 5116(i) and 5127(d) shall be made available for
obligation by individuals other than the Secretary of Transportation, or
his designee.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$42,000,000: Provided , That none of the funds under this heading shall
be for the conduct of contract audits.
SURFACE TRANSPORTATION BOARD
SALARIES AND EXPENSES
For necessary expenses of the Surface Transportation Board, including
services authorized by 5 U.S.C. 3109, $13,853,000: Provided, That
$2,000,000 in fees collected in fiscal year 1998 by the Surface
Transportation Board pursuant to 31 U.S.C. 9701 shall be made available
to this appropriation in fiscal year 1998: Provided further, That any
fees received in excess of $2,000,000 in fiscal year 1998 shall remain
available until expended, but shall not be available for obligation
until October 1, 1998.
TITLE II
RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
SALARIES AND EXPENSES
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $3,640,000: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS 18; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901 5902)
$48,371,000, of which not to exceed $2,000 may be used for official
reception and representation expenses.
EMERGENCY FUND
For necessary expenses of the National Transportation Safety Board
for accident investigations, including hire of passenger motor vehicles
and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for a
GS 18; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901 5902), $1,000,000, to remain available until expended.
TITLE III
GENERAL PROVISIONS
(including transfers of funds)
Sec. 301. During the current fiscal year applicable appropriations to
the Department of Transportation shall be available for maintenance and
operation of aircraft; hire of passenger motor vehicles and aircraft;
purchase of liability insurance for motor vehicles operating in foreign
countries on official department business; and uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901 5902).
Sec. 302. Such sums as may be necessary for fiscal year 1998 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 303. Funds appropriated under this Act for expenditures by the
Federal Aviation Administration shall be available (1) except as
otherwise authorized by title VIII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7701 et seq.) for expenses of primary
and secondary schooling for dependents of Federal Aviation
Administration personnel stationed outside the continental United States
at costs for any given area not in excess of those of the Department of
Defense for the same area, when it is determined by the Secretary that
the schools, if any, available in the locality are unable to provide
adequately for the education of such dependents, and (2) for
transportation of said dependents between schools serving the area that
they attend and their places of residence when the Secretary, under such
regulations as may be prescribed, determines that such schools are not
accessible by public means of transportation on a regular basis.
Sec. 304. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 305. None of the funds in this Act shall be available for
salaries and expenses of more than one hundred seven political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 306. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 307. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 308. The Secretary of Transportation may enter into grants,
cooperative agreements, and other transactions with any person, agency,
or instrumentality of the United States, any unit of State or local
government, any educational institution, and any other entity in
execution of the Technology Reinvestment Project authorized under the
Defense Conversion, Reinvestment and Transition Assistance Act of 1992
and related legislation: Provided, That the authority provided in this
section may be exercised without regard to section 3324 of title 31,
United States Code.
Sec. 309. The expenditure of any appropriation under this Act for any
consulting service through procurement contract pursuant to section 3109
of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive Order issued pursuant to existing law.
Sec. 310. (a) For fiscal year 1998 the Secretary of Transportation
shall distribute the obligation limitation for Federal-aid highways by
allocation in the ratio which sums authorized to be appropriated for
Federal-aid highways that are apportioned or allocated to each State for
such fiscal year bear to the total of the sums authorized to be
appropriated for Federal-aid highways that are apportioned or allocated
to all the States for such fiscal year.
(b) During the period October 1 through December 31, 1997, no State
shall obligate more than 25 per centum of the amount distributed to such
State under subsection (a), and the total of all State obligations
during such period shall not exceed 12 per centum of the total amount
distributed to all States under such subsection.
(c) Notwithstanding subsections (a) and (b), the Secretary shall--
(1) provide all States with authority sufficient to prevent lapses
of sums authorized to be appropriated for Federal-aid highways that have
been apportioned to a State;
(2) after August 1, 1998, revise a distribution of the funds made
available under subsection (a) if a State will not obligate the amount
distributed during that fiscal year and redistribute sufficient amounts
to those States able to obligate amounts in addition to those previously
distributed during that fiscal year giving priority to those States
having large unobligated balances of funds apportioned under sections
103(e)(4), 104, 144, and 160 of title 23, United States Code, and under
sections 1013(c) and 1015 of Public Law 102 240; and
(3) not distribute amounts authorized for administrative expenses
and funded from the administrative takedown authorized by section 104(a)
of title 23, United States Code, the Federal lands highway program, the
intelligent transportation systems program, the Truman-Hobbs bridges
funded under the discretionary bridge program, and amounts made
available under sections 1040, 1047, 1064, 6001, 6005, 6006, 6023, and
6024 of Public Law 102 240, and 49 U.S.C. 5316, 5317, and 5338: Provided
, That amounts made available under section 6005 of Public Law 102 240
shall be subject to the obligation limitation for Federal-aid highways
and highway safety construction programs under the head ``Federal-Aid
Highways'' in this Act.
(d) During the period October 1 through December 31, 1997, the
aggregate amount of obligations under section 157 of title 23, United
States Code, for projects covered under section 147 of the Surface
Transportation Assistance Act of 1978, section 9 of the Federal-Aid
Highway Act of 1981, sections 131(b), 131(j), and 404 of Public Law 97
424, sections 1061, 1103 1108, 4008, 6023(b)(8), and 6023(b)(10) of
Public Law 102 240, and for projects authorized by Public Law 99 500 and
Public Law 100 17, shall not exceed $277,431,840.
(e) Notwithstanding any other provision of law, none of the funds in
this Act shall be available for the distribution of bonus limitation
under the federal-aid highways program.
Sec. 311. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under 49
U.S.C. 5338, previously made available for obligation, or to any other
authority previously made available for obligation under the
discretionary grants program.
Sec. 312. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 313. None of the funds in this Act shall be available to plan,
finalize, or implement regulations that would establish a vessel traffic
safety fairway less than five miles wide between the Santa Barbara
Traffic Separation Scheme and the San Francisco Traffic Separation
Scheme.
Sec. 314. Notwithstanding any other provision of law, airports may
transfer, without consideration, to the Federal Aviation Administration
(FAA) instrument landing systems (along with associated approach
lighting equipment and runway visual range equipment) which conform to
FAA design and performance specifications, the purchase of which was
assisted by a Federal airport-aid program, airport development aid
program or airport improvement program grant. The FAA shall accept such
equipment, which shall thereafter be operated and maintained by the FAA
in accordance with agency criteria.
Sec. 315. None of the funds in this Act shall be available to award a
multiyear contract for production end items that (1) includes economic
order quantity or long lead time material procurement in excess of
$10,000,000 in any one year of the contract or (2) includes a
cancellation charge greater than $10,000,000 which at the time of
obligation has not been appropriated to the limits of the Government's
liability or (3) includes a requirement that permits performance under
the contract during the second and subsequent years of the contract
without conditioning such performance upon the appropriation of funds:
Provided, That this limitation does not apply to a contract in which the
Federal Government incurs no financial liability from not buying
additional systems, subsystems, or components beyond the basic contract
requirements.
Sec. 316. For the purposes of funds made available under the heading,
Formula Grants, the term ``Capital Project'' includes a project for--
(A)(i) acquisition, construction, supervision, or inspection of a
facility or equipment, including inspection thereof, for use in mass
transportation; and
(ii) expenses incidental to the acquisition or construction
(including designing, engineering, location survey, mapping, acquiring
rights of way, associated pre-revenue startup costs, and environmental
mitigation), payments for rail trackage rights, Intelligent
Transportation Systems, relocation assistance, acquiring replacement
housing sites, and acquiring, constructing, relocating, and
rehabilitating replacement housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance; and
(F) financing the operating costs of equipment and facilities used
in mass transportation in urbanized areas with a population of less than
200,000.
Sec. 317. Notwithstanding any other provision of law, and except for
fixed guideway modernization projects, funds made available by this Act
under ``Federal Transit Administration, Discretionary grants'' for
projects specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 2000, shall be made available
for other projects under 49 U.S.C. 5309.
Sec. 318. Notwithstanding any other provision of law, any funds
appropriated before October 1, 1993, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 319. None of the funds in this Act may be used to compensate in
excess of 350 technical staff years under the federally-funded research
and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 1998.
Sec. 320. Funds provided in this Act for the Transportation
Administrative Service Center (TASC) shall be reduced by $3,000,000,
which limits fiscal year 1998 TASC obligational authority for elements
of the Department of Transportation funded in this Act to no more than
$118,800,000: Provided , That such reductions from the budget request
shall be allocated by the Department of Transportation to each
appropriations account in proportion to the amount included in each
account for the Transportation Administrative Service Center.
Sec. 321. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training may be credited respectively
to the Federal Highway Administration's ``Limitation on General
Operating Expenses'' account, the Federal Transit Administration's
``Transit Planning and Research'' account, and to the Federal Railroad
Administration's ``Railroad Safety'' account, except for State rail
safety inspectors participating in training pursuant to 49 U.S.C. 20105.
Sec. 322. None of the funds in this Act shall be available to
prepare, propose, or promulgate any regulations pursuant to title V of
the Motor Vehicle Information and
Cost Savings Act (49 U.S.C. 32901 et seq.) prescribing
corporate average fuel economy standards for automobiles, as defined in
such title, in any model year that differs from standards promulgated
for such automobiles prior to enactment of this section.
Sec. 323. None of the funds in this Act may be used for planning,
engineering, design, or construction of a sixth runway at the Denver
International Airport, Denver, Colorado: Provided , That this provision
shall not apply in any case where the Administrator of the Federal
Aviation Administration determines, in writing, that safety conditions
warrant obligation of such funds: Provided further , That funds may be
used for activities related to planning or analysis of airport noise
issues related to the sixth runway project.
Sec. 324. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall not be subject
to the obligation limitation for Federal-aid highways and highway safety
construction.
Sec. 325. None of the funds in this Act may be obligated or expended
for employee training which: (a) does not meet identified needs for
knowledge, skills and abilities bearing directly upon the performance of
official duties; (b) contains elements likely to induce high levels of
emotional response or psychological stress in some participants; (c)
does not require prior employee notification of the content and methods
to be used in the training and written end of course evaluations; (d)
contains any methods or content associated with religious or
quasi-religious belief systems or ``new age'' belief systems as defined
in Equal Employment Opportunity Commission Notice N 915.022, dated
September 2, 1988; (e) is offensive to, or designed to change,
participants' personal values or lifestyle outside the workplace; or (f)
includes content related to human immunodeficiency virus/acquired immune
deficiency syndrome (HIV/AIDS) other than that necessary to make
employees more aware of the medical ramifications of HIV/AIDS and the
workplace rights of HIV-positive employees.
Sec. 326. None of the funds in this Act shall, in the absence of
express authorization by Congress, be used directly or indirectly to pay
for any personal service, advertisement, telegram, telephone, letter,
printed or written matter, or other device, intended or designed to
influence in any manner a Member of Congress, to favor or oppose, by
vote or otherwise, any legislation or appropriation by Congress, whether
before or after the introduction of any bill or resolution proposing
such legislation or appropriation: Provided, That this shall not prevent
officers or employees of the Department of Transportation or related
agencies funded in this Act from communicating to Members of Congress on
the request of any Member or to Congress, through the proper official
channels, requests for legislation or appropriations which they deem
necessary for the efficient conduct of the public business.
Sec. 327. None of the funds in this Act may be used to support
Federal Transit Administration's field operations and oversight of the
Washington Metropolitan Area Transit Authority in any location other
than from the Washington, D.C. metropolitan area.
Sec. 328. Not to exceed $1,000,000 of the funds provided in this Act
for the Department of Transportation shall be available for the
necessary expenses of advisory committees.
Sec. 329. Notwithstanding any other provision of law, the Secretary
may use funds appropriated under this Act, or any subsequent Act, to
administer and implement the exemption provisions of 49 CFR 580.6 and to
adopt or amend exemptions from the disclosure requirements of 49 CFR
part 580 for any class or category of vehicles that the Secretary deems
appropriate.
Sec. 330. No funds other than those appropriated to the Surface
Transportation Board or fees collected by the Board shall be used for
conducting the activities of the Board.
Sec. 331. (a) Compliance With Buy American Act. --None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a 10c).
(b) Sense of Congress; Requirement Regarding Notice. --
(1) Purchase of american-made equipment and products. --In the case
of any equipment or product that may be authorized to be purchased with
financial assistance provided using funds made available in this Act, it
is the sense of the Congress that entities receiving the assistance
should, in expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) Notice to recipients of assistance. --In providing financial
assistance using funds made available in this Act, the head of each
Federal agency shall provide to each recipient of the assistance
a notice describing the statement made in paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America. --If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 332. Notwithstanding any other provision of law, receipts, in
amounts determined by the Secretary, collected from users of fitness
centers operated by or for the Department of Transportation shall be
available to support the operation and maintenance of those facilities.
Sec. 333. None of the funds made available in this Act may be used
for improvements to the Miller Highway in New York City, New York.
Sec. 334. None of the funds in this Act shall be available to
implement or enforce regulations that would result in the withdrawal of
a slot from an air carrier at O'Hare International Airport under section
93.223 of title 14 of the Code of Federal Regulations in excess of the
total slots withdrawn from that air carrier as of October 31, 1993 if
such additional slot is to be allocated to an air carrier or foreign air
carrier under section 93.217 of title 14 of the Code of Federal
Regulations.
Sec. 335. Notwithstanding any other provision of law, of amounts made
available under Federal Aviation Administration ``Operations'', the FAA
shall provide personnel at Dutch Harbor, Alaska to provide real-time
weather and runway observation and other such functions to help ensure
the safety of aviation operations.
Sec. 336. Notwithstanding 49 U.S.C. 41742, no essential air service
shall be provided to communities in the forty-eight contiguous States
that are located fewer than seventy highway miles from the nearest large
and medium hub airport, or that require a rate of subsidy per passenger
in excess of $200 unless such point is greater than two hundred and ten
miles from the nearest large or medium hub airport.
Sec. 337. (a) In General .--For purposes of the exception set forth
in section 29(a)(2) of the International Air Transportation Competition
Act of 1979 (Public Law 96 192; 94 Stat. 48), the term ``passenger
capacity of 56 passengers or less'' includes any aircraft, except
aircraft exceeding gross aircraft weight of 300,000 pounds, reconfigured
to accommodate 56 or fewer passengers if the total number of passenger
seats installed on the aircraft does not exceed 56.
(b) Inclusion of Certain States in Exemption .--The first sentence of
section 29(c) of the International Air Transportation Competition Act of
1979 (Public Law 96 192; 94 Stat. 48 et seq.) is amended by inserting
``Kansas, Alabama, Mississippi,'' before ``and Texas''.
(c) Safety Assurance .--The Administrator of the Federal Aviation
Administration shall monitor the safety of flight operations in the
Dallas-Fort Worth metropolitan area and take such actions as may be
necessary to ensure safe aviation operations. If the Administrator must
restrict aviation operations in the Dallas-Fort Worth area to ensure
safety, the Administrator shall notify the House and Senate Committees
on Appropriations as soon as possible that an unsafe airspace management
situation existed requiring the restrictions.
Sec. 338. Rebates, refunds, incentive payments, minor fees and other
funds received by the Department from travel management centers, charge
card programs, the subleasing of building space, and miscellaneous
sources are to be credited to appropriations of the Department and
allocated to elements of the Department using fair and equitable
criteria and such funds shall be available until December 31, 1998.
Sec. 339. Notwithstanding any other provision of law, the Department
of the Navy is directed to transfer the USNS EDENTON (ATS 1), currently
in Inactive Ship status, to the United States Coast Guard.
Sec. 340. (a) Findings. --The Congress finds that--
(1) Congress has the authority under article I, section 8 of the
Constitution to regulate the air commerce of the United States;
(2) section 47107 of title 49, United States Code, prohibits the
diversion of certain revenue generated by a public airport as a
condition of receiving a project grant;
(3) a grant recipient that uses airport revenues for purposes that
are not airport related in a manner inconsistent with chapter 471 of
title 49, United States Code, illegally diverts airport revenues;
(4) illegal diversion of airport revenues undermines the interest of
the United States in promoting a strong national air transportation
system;
(5) the policy of the United States that airports should be as
self-sustaining as possible and that revenues generated at airports
should not be diverted
from airport purposes was stated by Congress in 1982 and
reaffirmed and strengthened in 1987, 1994, and 1996;
(6) certain airports are constructed on lands that may have
belonged, at one time, to native Americans, native Hawaiians, or Alaskan
natives;
(7) contrary to the prohibition against diverting airport revenues
from airport purposes under section 47107 of title 49, United States
Code, certain payments from airport revenues may have been made for the
betterment of native Americans, native Hawaiians, or Alaskan natives
based upon the claims related to lands ceded to the United States;
(8) Federal law prohibits diversions of airport revenues obtained
from any source whatsoever to occur in the future whether related to
claims for periods of time prior to or after the date of enactment of
this Act; and
(9) because of the special circumstances surrounding such past
diversions of airport revenues for the betterment of native Americans,
native Hawaiians, or Alaskan natives, it is in the national interest
that amounts from airport revenues previously received by any entity for
the betterment of native Americans, native Hawaiians, or Alaskan
natives, as specified in subsection (b) of this section, should not be
subject to repayment.
(b) Termination of Repayment Responsibility. --Notwithstanding the
provisions of 47107 of title 49, United States Code, or any other
provision of law, monies paid for claims related to ceded lands and
diverted from airport revenues and received prior to April 1, 1996, by
any entity for the betterment of native Americans, native Hawaiians, or
Alaskan natives, shall not be subject to repayment.
(c) Prohibition on Further Diversion. --There shall be no further
payment of airport revenues for claims related to ceded lands, whether
characterized as operating expenses, rent, or otherwise, and whether
related to claims for periods of time prior to or after the date of
enactment of this Act.
(d) Clarification .--Nothing in this Act shall be construed to affect
any existing federal statutes, enactments, or trust obligations created
thereunder, or any statute of the several States that define the
obligations of such States to native Hawaiians, native Americans, or
Alaskan Natives in connection with ceded lands, except to make clear
that airport revenues may not be used to satisfy such obligations.
Sec. 341. Limitation on Funds Used To Enforce Regulations Regarding
Animal Fats and Vegetable Oils.-- None of the funds made available in
this Act may be used by the Coast Guard to issue, implement, or enforce
a regulation or to establish an interpretation or guideline under the
Edible Oil Regulatory Reform Act (Public Law 104 55), or the amendments
made by that Act, that does not recognize and provide for, with respect
to fats, oils, and greases (as described in that Act, or the amendments
made by that Act) differences in--
(1) physical, chemical, biological, and other relevant properties; and
(2) environmental effects.
Sec. 342. Notwithstanding the provisions of any other law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of an
amount determined by the Secretary.
Sec. 343. Subsection (d)(4) of 49 U.S.C. 31112 is amended by striking
``September 30, 1997'' and inserting ``February 28, 1998''.
Sec. 344. None of the funds in this Act shall be used to enforce
against air carriers, conducting operations under part 135 of the
Federal Aviation Administration (FAA) regulations (14 C.F.R. 135.1 et
seq.) that are not scheduled operations (as defined in 14 C.F.R. 119.3),
the requirement in section 44936(f)(1) of title 49 that records be
checked before hiring an individual as a pilot, until the FAA
determines, in writing that it can furnish to such air carriers the
requested records within 30 days, as required by section 44936(f)(5) of
title 49. If the Administrator cannot make the determination, in
writing, within 150 days after enactment of this Act, then the
Administrator shall report to the Committees on Appropriations, the
Senate Committee on Commerce, Science, and Transportation, and the House
Committee on Transportation and Infrastructure, the reasons why the
determination cannot be made.
Sec. 345. Exemption Authority for Air Service To Slot-Controlled
Airports. --Section 41714 of title 49, United States Code, is amended by
adding at the end thereof the following:
``(i) Expeditious Consideration of Certain Exemption Requests.--
Within 120 days after receiving an application for an exemption under
subsection (a)(2) to improve air service between a nonhub airport (as
defined in section 41731(a)(4)) and a high density airport subject to
the exemption authority under subsection (a), the Secretary shall grant
or deny the exemption. The Secretary
shall notify the Senate Committee on Commerce, Science, and
Transportation and the House Committee on Transportation and
Infrastructure of the grant or denial within 14 calendar days after the
determination and state the reasons for the determination.''.
Sec. 346. (a) As soon as practicable after the date of enactment of
this Act, the Secretary of Transportation, acting for the Department of
Transportation, may take receipt of such equipment and sites of the
Ground Wave Emergency Network (referred to in this section as ``GWEN'')
as the Secretary of Transportation determines to be necessary for the
establishment of a nationwide system to be known as the ``Nationwide
Differential Global Positioning System'' (referred to in this section as
``NDGPS'').
(b) As soon as practicable after the date of enactment of this Act,
the Secretary of Transportation may establish the NDGPS. In establishing
the NDGPS, the Secretary of Transportation may--
(1) if feasible, reuse GWEN equipment and sites transferred to the
Department of Transportation under subsection (a);
(2) to the maximum extent practicable, use contractor services to
install the NDGPS;
(3) modify the positioning system operated by the Coast Guard at the
time of the establishment of the NDGPS to integrate the reference
stations made available pursuant to subsection (a);
(4) in cooperation with the Secretary of Commerce, ensure that the
reference stations referred to in paragraph (3) are compatible with, and
integrated into, the Continuously Operating Reference Station (commonly
referred to as ``CORS'') system of the National Geodetic Survey of the
Department of Commerce; and
(5) in cooperation with the Secretary of Commerce, investigate the
use of the NDGPS reference stations for the Global Positioning System
Integrated Precipitable Water Vapor System of the National Oceanic and
Atmospheric Administration.
(c) The Secretary of Transportation may--
(1) manage and operate the NDGPS;
(2) ensure that the service of the NDGPS is provided without the
assessment of any user fee; and
(3) in cooperation with the Secretary of Defense, ensure that the
use of the NDGPS is denied to any enemy of the United States.
(d) In any case in which the Secretary of Transportation determines
that contracting for the maintenance of 1 or more NDGPS reference
stations is cost-effective, the Secretary of Transportation may enter
into a contract to provide for that maintenance.
(e) The Secretary of Transportation may--
(1) in cooperation with appropriate representatives of private
industries and universities and officials of State governments--
(A) investigate improvements (including potential improvements) to
the NDGPS;
(B) develop standards for the NDGPS; and
(C) sponsor the development of new applications for the NDGPS; and
(2) provide for the continual upgrading of the NDGPS to improve
performance and address the needs of--
(A) the Federal Government;
(B) State and local governments; and
(C) the general public.
Sec. 347. The Secretary of Transportation is authorized to transfer
funds appropriated to the Coast Guard in Public Law 102 368 in order to
pay rent assessments by the General Services Administration related to
prior year space needs of the Department: Provided, That prior to any
such transfer, notification shall be provided to the House and Senate
Committees on Appropriations.
Sec. 348. (a) Subsection (b) of section 642 of the Treasury and
General Government Appropriations Act, 1998 is amended by inserting
``other than a Member of Congress,'' after ``Code,''.
(b) Paragraph (1) of section 642(c) of such Act is amended by
striking ``(1)(A) subject to subparagraph (B),'' and inserting ``(1)''
and by striking ``December 31, 1998'' and all that follows through the
end and inserting ``December 31, 1998;''.
This Act may be cited as the ``Department of Transportation and
Related Agencies Appropriations Act, 1998''.
And the Senate agree to the same.
Frank R. Wolf,
Tom DeLay,
Ralph Regula,
Harold Rogers,
Ron Packard,
Sonny Callahan
Todd Tiahrt,
Robert B. Aderholt,
Bob Livingston,
Martin Olav Sabo,
Thomas M. Foglietta,
Esteban Edward Torres,
John W. Olver,
Ed Pastor,
David R. Obey,
Managers on the Part of the House.
Richard C. Shelby,
Pete V. Domenici,
Arlen Specter,
Christopher S. Bond,
Slade Gorton,
Robert F. Bennett,
Lauch Faircloth,
Ted Stevens,
Frank R. Lautenberg,
Robert C. Byrd,
Barbara A. Mikulski,
Harry Reid,
Herb Kohl,
Patty Murray,
Daniel K. Inouye,
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 the amendment
of the Senate to the bill (H.R. 2169) making appropriations for the
Department of Transportation and related agencies for the fiscal year
ending September 30, 1998, 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.
The Senate deleted the entire House bill after the enacting clause
and inserted the Senate bill. The conference agreement includes a
revised bill.
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 (House Report 105 188) or the
Senate (Senate Report 105 55 accompanying the companion measure S. 1048)
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 1998, 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
The conference agreement provides $61,000,000 for salaries and
expenses of the office of the secretary, instead of $60,009,000 as
proposed by the House and $66,703,000 as proposed by the Senate.
The conference agreement deletes language proposed by the Senate
that provides not to exceed $10,567,000 for rental of headquarters
space, related services assessed by the General Services Administration,
and for department-wide facility security enhancements. Sufficient funds
are included within the appropriation to cover the office of the
secretary's costs associated with the rental of headquarters space and
related services assessed by the General Services Administration.
The conference agreement deletes bill language proposed by the House
that would limit to $606,000 funds made available to the office of
acquisition and grants management, solely for department-wide grants
management activities.
The conference agreement includes the following changes to the
budget request for this office:
Reductions in staff:
-5 Attorney advisors -400,000
-2 Congressional liaison officers -150,000
-2 Intergovernmental liaison officers -150,000
-3 Office of public affairs -175,000
-3 Office of administration -125,000
-1 Office of intermodalism -100,000
Office of the chief information officer -225,000
Fitness reviews of airlines, +3 FTE +180,000
OFFICE OF CIVIL RIGHTS
The conference agreement provides $5,574,000 for the office of civil
rights, as proposed by both the House and Senate.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
The conference agreement provides $4,400,000, as proposed by both
the House and the Senate. Within the funds provided, $300,000 is
included to conduct a national capital region congestion mitigation
study and to hold a summit; $100,000 is included to develop with the
Department of Agriculture, the private sector and the transportation
industry a comprehensive strategy to distribute excess food and
commodities from fields and warehouses to food banks and other public
and non-profit organizations that assist the poor; and sufficient funds
are included for transportation planning assistance for the 2002 Winter
Olympics in Salt Lake City and for a multimodal transportation study for
Albuquerque and Santa Fe, New Mexico.
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER
The conference agreement includes a limitation on activities
financed through the transportation administrative service center at
$121,800,000, as proposed by the House. Language is included in the
conference agreement that stipulates that the limitation shall not apply
to non-DOT entities and that services provided by the transportation
administrative service center to entities within the department shall be
provided on a competitive basis. In addition, the conference agreement
includes two language provisions, as proposed by the House. The first
provision limits activities transferred to the transportation
administrative service center to only those approved by the agency modal
administrator; the second limits special assessments or reimbursable
agreements levied against any program, project, or activity funded in
this Act to only those assessments or reimbursable agreements presented
to and approved by the House and Senate Committees on Appropriations.
The Senate bill contained no similar provisions.
The conferees reiterate that the department shall submit with the
department's Congressional budget submission an approved annual
operating plan of the transportation administrative service center and
quarterly reports for the Committees' review. Quarterly reports and
approvals of the Secretary's management council shall also be provided
to the Committees in a timely manner.
The conferees direct the Office of Inspector General to undertake a
study that evaluates the utility and cost effectiveness of the
transportation administrative service center both to the individual
modes and the department generally; whether the transportation
administrative service center provides quality services responsive to
customer needs at a competitive price; and whether the Federal Aviation
Administration's franchise fund duplicates or reduces the cost
effectiveness of a department-wide service center. The conferees direct
that this report be provided to the House and Senate Committees on
Appropriations not later than April 1, 1998.
PAYMENTS TO AIR CARRIERS
(RESCISSION OF CONTRACT AUTHORIZATION)
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement rescinds $38,600,000 in contract authority
which was provided in previous authorizing Acts, as proposed by the
Senate. The House bill contained no similar rescission.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
The conference agreement includes a limitation on direct loans of
$15,000,000 and provides subsidy and administrative costs totaling
$1,900,000, as proposed by both the House and Senate.
MINORITY BUSINESS OUTREACH
The conference agreement provides $2,900,000 for minority business
outreach activities, as proposed by both the House and Senate.
COAST GUARD
Operating Expenses
The conference agreement provides $2,715,400,000 for Coast Guard
operating expenses instead of $2,708,000,000 as proposed by the House
and $2,435,400,000 as proposed by the Senate. In addition, the
Senate-passed Department of Defense Appropriations Bill, 1998 included
$300,000,000 for national security activities of the Coast Guard. The
House bill included similar funding within the overall total provided in
this bill.
The agreement limits Coast Guard aircraft to 212, as proposed by the
House, instead of 221 as proposed by the Senate.
The agreement includes House provisions prohibiting the obligation
of $34,300,000 budgeted for Coast Guard drug interdiction activities
until the Director, Office of National Drug Control Policy (ONDCP)
reviews such activities and provides a specific certification to the
Congress regarding the merit of such activities. The bill also allows
the Director, ONDCP to transfer all or part of these funds to other
federal entities for other drug interdiction activities.
The following table compares the House and Senate bills and the
conference agreement for items in conference:
Offset Folio 72 Insert here
Ballast water management program.-- The conferees agree that, within
the total amount provided, $1,995,000 is to implement the nationwide
ballast water management program, as proposed by the House.
Governor's Island caretaker status.-- The conference agreement
provides $6,000,000 for Coast Guard maintenance of Governor's Island in
a ``caretaker'' status pending transfer to the General Services
Administration. This is a reduction of $2,300,000 from the budget
estimate. The Coast Guard has indicated that Governor's Island can be
adequately maintained until such transfer during fiscal year 1998 at
this funding level; however, if costs are higher than currently
expected, the Coast Guard should advise the Congress as soon as
possible. The conferees do not expect to support Coast Guard funding for
caretaker expenses in fiscal year 1999, since such funding would be
beyond the normal responsibility of federal agencies under existing
regulations.
Sand Island Bridge, Honolulu, HI.-- The conferees direct the Coast
Guard to conduct a study, using operating funds, to determine the
eligibility of the Sand Island Bridge in Honolulu Harbor, Hawaii for
funding under the ``Alteration of bridges'' program.
Acquisition, Construction, and Improvements
The conference agreement includes $397,850,000 for acquisition,
construction, and improvements instead of $379,000,000 as proposed by
the House and $412,300,000 as proposed by the Senate. The bill allocates
funds by budget activity as follows:
Vessels, small boats, and related equipment.-- $212,100,000 instead
of $191,650,000 as proposed by the House and $214,700,000 as proposed by
the Senate;
Aircraft and related programs.-- $25,800,000 instead of $33,900,000
as proposed by the House and $26,400,000 as proposed by the Senate;
Other equipment.-- $44,650,000 instead of $47,050,000 as proposed by
the House and $51,200,000 as proposed by the Senate;
Shore facilities and aids to navigation facilities.-- $68,300,000
instead of $59,400,000 as proposed by the House and $73,000,000 as
proposed by the Senate.
The bill also allows up to $9,000,000 in offsetting collections from
asset sales to be credited to this appropriation during fiscal year
1998, as proposed in both bills, with technical language as proposed by
the House and the Senate.
The bill provides that the Secretary may enter into a long-term
agreement with the City of Unalaska in Alaska for dedicated pier space
on the municipal dock for Coast Guard vessels, as proposed by the
Senate.
A table showing the distribution of this appropriation by project as
included in the fiscal year 1998 budget estimate, House bill, Senate
bill, and the conference agreement follows:
Offset Folios 76 to 77 Insert here
Group/Station New Orleans.-- The conferees agree to direct that
$3,000,000 of the funds provided for relocation of Group/Station New
Orleans is only to improve the condition of the waterway adjoining the
relocation site, as proposed by the House.
Ground wave emergency network (GWEN)/DGPS.-- The conference
agreement includes $2,400,000 to initiate the establishment of a
nationwide differential global positioning system (DGPS) utilizing
decommissioned United States Air Force ground wave emergency network
(GWEN) sites and equipment. The Coast Guard and Federal Railroad
Administration have successfully converted a demonstration GWEN site
into a Coast Guard-operated precision DGPS. The funds provided to the
Coast Guard shall be used for site, tower, and antenna acquisition,
equipment, construction, and other hardware and software costs related
to the expansion of the Coast Guard's current DGPS coverage to a
ground-based nationwide system. These increased mapping and locator
capabilities will have far-reaching applications in the areas of
positive train control, intelligent transportation systems, search and
rescue, fire fighting, precision farming, and other public safety
missions.
Hampton, Long Island seasonal search and rescue facility.-- The
conferees agree that the Department of Defense and the Coast Guard
should sign a memorandum of agreement providing for a seasonal search
and rescue capability operating out of the Air National Guard facility
at the Francis S. Gabreski Airport in Hampton, Long Island for the
period April 15 to October 15, 1998. However, the conferees agree that
this activity should result in no additional costs being borne by the
Department of Defense or the Air National Guard, and is approved at this
time for one year only.
Environmental Compliance and restoration
The conference agreement includes $21,000,000 for environmental
compliance, as proposed by both the House and the Senate.
Alteration of Bridges
The conference agreement includes $17,000,000 for the alteration of
bridges program instead of $16,000,000 as proposed by the House and
$26,000,000 as proposed by the Senate. The following table compares the
conference agreement by project to the levels proposed by the House and
Senate:
Bridge and location House bill Senate bill Conference agreement
New Orleans, LA, Florida Avenue RR/HW Bridge $7,000,000 $3,000,000 $7,000,000
Brunswick, GA, Sidney Lanier HW Bridge 9,000,000 18,000,000 10,000,000
Honolulu, HI, Sand Island Road Tunnel 0 5,000,000 0
------------- -------------- ----------------------
Total 16,000,000 26,000,000 17,000,000
Retired Pay
The conference agreement includes $653,196,000 for Coast Guard
retired pay as proposed by the Senate instead of $645,696,000 as
proposed by the House. This is scored as a mandatory appropriation in
the Congressional budget process.
RESERVE TRAINING
(including transfer of funds)
The conference agreement includes $67,000,000 for reserve training
as proposed by the House instead of $65,535,000 as proposed by the
Senate. The conferees agree with the direction of the House that, of the
increase provided, $1,000,000 is for additional recruiting activities.
The conference agreement also includes a provision proposed by the House
which limits to $20,000,000 the amount of this appropriation which may
be transferred to Coast Guard ``Operating expenses'' or otherwise used
to reimburse the active duty Coast Guard for its support of the
reserves.
research, development, test and evaluation
The conference agreement includes $19,000,000 for Coast Guard
research, development, test and evaluation as proposed by the House
instead of $20,000,000 as proposed by the Senate. The conferees agree
that the additional work proposed by the Senate to improve ballast water
management practices can be accommodated within the $1,995,000 allocated
in Coast Guard ``Operating expenses'' for this activity.
BOAT SAFETY
(aquatic resources trust fund)
The conference agreement includes $35,000,000 for boat safety, as
proposed by both the House and the Senate.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
The conference agreement includes $5,301,934,000 for operating
expenses of the Federal Aviation Administration instead of
$5,300,000,000 as proposed by the House and $5,325,900,000 as proposed
by the Senate. The bill also provides that these funds are in addition
to amounts made available as a mandatory appropriation of user fees in
the Federal Aviation Administration Reauthorization Act of 1996 (Public
Law 104 264). These mandatory appropriations are estimated to add
$50,000,000 to the FAA's operating budget for fiscal year 1998,
providing a total budgetary increase of $451,934,000 (9.2 percent) over
fiscal year 1997. Of the total amount provided, $1,901,628,000 shall be
derived from the airport and airway trust fund as proposed by the Senate
instead of $1,880,000,000 as proposed by the House. The balance of this
appropriation is drawn from the general fund.
The bill includes a provision proposed by the House which prohibits
funds from planning, finalizing, or implementing any regulation to
impose new aviation user fees not specifically authorized by law after
the date of enactment of this Act. Both the House and Senate Committees
on Appropriations expressed very serious concerns this year with FAA's
recent aviation user fee proposals on both technical and policy-related
grounds. The recent bipartisan budget agreement authorizes aviation
excise taxes for the foreseeable future which provide sufficient
revenues to finance the FAA's activities without additional user fees.
The significant increases in this bill for FAA's budget prove that
Congress can provide adequately for the agency without augmenting
appropriations with user fees.
The conferees are aware of FAA's opinion that the agency has the
legal authority to establish new user fees under the generic authority
provided in the User Fee Statute, and do not wish to see FAA circumvent
the legislative process and avoid the normal cost controls which apply
to other federal agencies through the administrative implementation of
new user fees. The conferees emphasize, however, that this provision
does not prevent the FAA from implementing new user fees. It only
provides that such fees must be specifically authorized by the Congress.
The bill includes no limitation on the number of passenger motor
vehicles which may be leased or purchased by the FAA, as proposed by the
Senate. The House had proposed a limitation of four vehicles.
The bill allocates up to $5,000 for activities of the ``Aircraft
purchase loan guarantee program'', as proposed by the Senate. The House
bill contained no similar allocation.
The following table compares the conference agreement to the levels
proposed in the House and Senate bills by budget activity:
Offset Folios 84 to 85 Insert here
Total appropriation $5,350,000,000 $5,375,900,000 $5,351,934,000
Mid-America Aviation Resource Consortium (MARC).-- The conference
agreement includes $1,700,000, as requested in the budget, to continue
the agency's commitment to the Mid-America Aviation Resource Consortium
(MARC) in Minnesota. The conferees believe that MARC provides
cost-effective services to the FAA's air traffic controller training
program, and does not compete with training services provided by the
Mike Monroney Aeronautical Center in Oklahoma City.
Leased telecommunications.-- The conferees agree that the reduction
of $5,000,000 in leased telecommunications is based on the concern cited
in the Senate report.
Cherry Capital Airport study.-- The conferees agree with the
direction of the House that the General Accounting Office should conduct
a review of FAA's critical value studies on the Cherry Capital Airport
in Michigan.
WINGS.-- The conferees direct that no funds may be used in fiscal
year 1998 to develop the proposed new personnel and payroll system known
as WINGS.
Contract towers.-- The conferees direct the FAA to study air traffic
in New Bern and Hickory, North Carolina and Salisbury/Wicomico County
Airport in Maryland and open contract towers at those airports in fiscal
year 1998 if those studies show such airports: (a) meet existing
benefit-cost criteria; or (b) are justified after consideration of
cost-sharing agreements with non-federal parties. This modifies the
Senate's proposal, which would have also directed establishment of a
contract tower at these locations if the FAA projected that the airport
might meet benefit-cost criteria within the next two years.
Regulations on the operation of lighter than air vehicles.-- The
conferees recognize the increasing popularity of hot air ballooning as a
spectator and aviation sport. Currently, hot air balloons, also known as
lighter than air (LTA) vehicles, are restricted by 14 CFR 91.119, the
federal aviation regulation on minimum safe altitude requirement which
normally applies to fixed wing aircraft. Understanding the vast
differences between LTA and fixed wing aircraft, the conferees question
the feasibility of requiring pilots of hot air balloons to comply with
14 CFR 91.119. The FAA currently exempts helicopters from this
provision, and usually waives this regulation for hot air balloon
rallies. The conferees encourage the FAA to examine this safety concern
for balloonists and report back to the House and Senate Committees on
Appropriations on the feasibility of exempting hot air balloons from
this provision.
Electromagnetic hazards on commercial aircraft.-- The conferees
recognize the national need to examine the safety of commercial aircraft
from electromagnetic interference. Currently, there is no independent
organization that has the requisite resources such as aircraft, test
facilities, and expertise that can function to provide science-based
technical guidance for government and industry. The Department of
Energy's Sandia National Laboratory and Army Test and Evaluation Command
Directorate of Applied Technology Test and Simulation have the resources
and ongoing programs that can provide science-based electromagnetic
analysis and testing services for evaluation of aircraft safety issues
due to the use of portable electric devices on board or other off-board
electromagnetic sources such as high power radars and newer
communication transmitters. The conferees encourage the FAA to examine
the resources that exist within these organizations in order to begin
addressing this issue.
GENERAL PROVISIONS
Wright Amendment.-- The conferees have included the provision
recommended by the Senate clarifying the meaning of section 29(a)(2) of
the International Air Transportation Competition Act of 1979 regarding
air transportation provided by commuter airlines operating aircraft with
a passenger capacity of 56 passengers or less. The conferees do not
adopt the Senate bill and report language relating to the Dallas City
Council, and the discussions in the Senate report regarding regional
jets. In addition, the conferees have added bill language including
additional states to be covered under section 29(c) of the International
Air Transportation Competition Act of 1979.
The conferees are concerned about the safety of flight operations in
U.S. airspace, and have included language directing the FAA
Administrator to ensure that aviation operations in the Dallas-Fort
Worth metropolitan area are, and will remain, safe. In addition, the
language directs the FAA Administrator to notify the House and Senate
Committees on Appropriations and the Senate Committee on Commerce,
Science, and Transportation of any restrictions on operations the
Administrator directs to ensure safety. Further, the Administrator shall
report to the House and Senate Committees on Appropriations and the
Senate Committee on Commerce, Science, and Transportation within 45 days
of enactment of this Act outlining any additional equipment or air
traffic control support necessary to enhance traffic flow, airspace
management, and safety in the Dallas-Fort Worth metropolitan area.
Upon a 25 percent increase in total flight operations from the
levels existing as of the date of enactment of this Act at either Dallas
Love Field or Dallas-Fort Worth International Airport, the Administrator
of the Federal Aviation Administration shall initiate a review of air
traffic management within the Dallas-Fort Worth metroplex and report to
the House and Senate Committees on Appropriations and the Senate
Committee on Commerce, Science, and Transportation within 180 days. This
review shall include an analysis of congestion and delays in the
metroplex airspace, the impact on Love Field or Dallas-Fort Worth
International Airport, and air traffic management constraints in the
region. Upon a 50 percent increase in total flight operations from the
levels existing on the date of enactment of this Act at either of the
airports mentioned in this section, the Administrator shall report to
the House and Senate Committees on Appropriations and the Senate
Committee on Commerce, Science, and Transportation within 30 days
describing what actions, if any, are recommended to ensure the efficient
and safe operation of Dallas-Fort Worth metroplex airspace.
FACILITIES AND EQUIPMENT
(airport and airway trust fund)
The conference agreement provides $1,875,477,000 for facilities and
equipment instead of $1,875,000,000 as proposed by the House and
$1,889,004,883 as proposed by the Senate. The bill provides that funds
for programs in budget activities one through four have an obligational
availability of three years and funds for programs in budget activity
five are available for two years, as proposed by the House and Senate.
The total appropriation is derived from the airport and airway trust
fund.
The following table provides a breakdown of the House and Senate
bills and the conference agreement by program:
Offset Folios 91 to 94 Insert here
Funding responsibility for navigation and landing aids .--The
conferees agree with the direction of the House that the FAA should not
move forward on any proposal to shift funding responsibility for
navigation and landing aids from the FAA to other parties without
specific Congressional authorization.
Instrument landing systems--establishment .--The conference
agreement provides $3,000,000 for installation of previously purchased
instrument landing systems as requested in the budget and proposed by
the House, instead of $23,000,000 as proposed by the Senate. The
conferees agree not to direct these funds be allocated to specific
locations.
Assessments .--The conferees agree with the direction of the House
that the FAA is to discontinue the practice of ``assessing'' F&E
projects for administrative costs unrelated to the specific F&E program.
GPS wide area augmentation system .--The conferees agree to provide
$152,830,000 for continued development of the GPS wide area augmentation
system (WAAS), as proposed by the Senate, instead of $114,000,000 as
proposed by the House. All funds are provided under budget activity one,
as proposed by the House, reflecting the developmental nature of this
program.
The conferees are very concerned about the current status of this
important program, and that comprehensive and timely planning--in
concert with budget deliberations--is not being conducted. In the last
three years, this program has witnessed changes in the prime contractor,
the program manager, and the program sponsor. Significant new
requirements have been announced by the FAA, the cost to complete has
risen, and the schedule has slipped. And all this has occured in a
program which has enjoyed the highest level of Congressional and
Executive Branch support for funding--and which has been held up as an
example of FAA's new acquisition management system.
The conferees are concerned that this critical program not turn into
another debacle like the advanced automation system. Therefore, the
conferees direct:
(a). That no more than 25 percent of fiscal year 1998 funds be
obligated until the Secretary of Transportation reports to the House and
Senate Committees on Appropriations regarding the status and management
of the program, including a funding profile for all years of the
program;
(b). That no more than 70 percent of fiscal year 1998 funds be
obligated until April 1, 1998, unless the Appropriations Committees
provide approval prior to that date;
(c). That the FAA administrator provide quarterly reports to the
Appropriations Committees on cost, schedule, and technical performance
status; and
(d). That the Comptroller General report to the Appropriations
Committees on the status of the program, not later than March 1, 1998.
The conferees are uncertain of how FAA intends to provide satellite
communications capability for this program, and the extent to which
those costs are included in long range capital budget plans. Therefore,
the conferees request the Secretary of Transportation to submit a report
detailing the specific plans in this regard, including a detailed
funding profile and schedule, by February 15, 1998.
The conference agreement provides funding sufficient for this
program to maintain its current schedule. As a result, the conferees
have deleted funds proposed by the Senate for additional instrument
landing systems and for tactical landing systems. However, the conferees
advise the FAA that a reprogramming for these systems might be directed
during fiscal year 1998 if the FAA is unable to meet the tests above
ensuring timely obligation of fiscal year 1998 WAAS funding.
Potomac metroplex .--The conference agreement provides $27,600,000
for construction of the Potomac metroplex, as proposed by the House,
instead of $2,600,000 as proposed by the Senate. After many years of
study, to the conferees' knowledge the FAA has not identified any
aircraft noise-related issues attendant with the construction of this
new facility. However, should the FAA determine in the future that
adverse noise impacts might occur, the FAA is expected to advise the
House and Senate Appropriations Committees in a timely manner.
Terminal automation .--The conferees are alarmed to learn that the
FAA has internally reported a shortfall in the funding needed to
continue production of the DDM 2300 series monitors, which are key
elements in the architecture of the STARS program. This could not only
jeopardize the fixed price contract, but also halt U.S. production of
these monitors. The conferees direct the FAA to report to the House and
Senate Committees on Appropriations by December 15, 1997 explaining how
the agency will locate the resources necessary to continue to monitor
production during fiscal year 1998.
Weather observing systems .--The conferees do not agree with the
House's direction requiring a competitive procurement between AWOS and
ASOS systems, but direct the FAA to perform a cost-capability tradeoff
study to determine the appropriateness of procuring more AWOS units in
fiscal year 1999. The conference agreement includes $10,000,000 as
proposed by the Senate for the acquisition of additional ASOS systems.
ARTCC building improvements .--The conferees agree that, of the
funds provided for ``ARTCC building/plant improvements'', $12,100,000 is
for relocation of the Honolulu center/radar approach control (CERAP), as
proposed by the Senate. The House recommended no funding for this
facility.
Navigational and landing aids .--The conferees agree that, within
funds provided for ``Navigational and landing aids'', the FAA should
allocate $80,000 for an ODALS system at the airport in Cordova, Alaska,
and sufficient funding to develop instrument approaches at the airport
in Rutland, Vermont.
Terminal automated radar display and information system .--The
conferees encourage the FAA to give full consideration to installing a
terminal automated radar display and information system (TARDIS) at
Paine Field in Washington.
Tucson International Airport tower study .--The conferees are
concerned that the extension of the main runway at Tucson International
Airport has altered the line of sight of air traffic controllers at this
facility, and that the current placement of the control tower does not
allow the controllers full visibility of the airfield. The conferees
direct the FAA to conduct a study to determine if the air traffic
control tower needs to be relocated to ensure the continued safety of
flight operations at this airport.
Research, Engineering, and Development
(Airport and Airway Trust Fund)
The conference agreement provides $199,183,000 for FAA research,
engineering, and development instead of $185,000,000 as proposed by the
House and $214,250,000 as proposed by the Senate.
The following table shows the distribution of funds in the House and
Senate bills and the conference agreement:
Offset Folio 100 Insert here
Runway incursion reduction .--The conferees agree that, within the
funds available, the FAA should pursue, as a high priority, further
development of the surface movement advisor and the demonstration of
low-cost ASDE technology.
Weather research .--The conferees provide $15,300,000 for weather
research as proposed by the House instead of $8,982,000 as proposed by
the Senate. The FAA is directed not to reprogram any of these funds to
activities outside the weather research program, as proposed by the
House. Within the amount provided, the FAA is to allocate funds as
follows:
Center for Wind, Ice and Fog, New Hampshire $500,000
Project Socrates 3,000,000
National Center for Atmospheric Research (NCAR) 11,000,000
ATC/AF human factors .--The conferees agree that, of the funds
provided for ATC/AF human facto |
