PL-104-205 Department of Transportation and Related Agencies Appropriations Act, 1997 US

Contents
Preamble

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Department of Transportation and Related Agencies Appropriations Act, 1997.>> That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending September 30, 1997, and for other purposes, namely:

TITLE I

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

Salaries and Expenses

For necessary expenses of the Office of the Secretary, $52,966,000, of which such sums as necessary shall be used to investigate anticompetitive practices in air transportation, enforce section 41712 of title 49, and report to Congress by the end of the fiscal year on its progress to address anticompetitive practices, and of which not to exceed $40,000 shall be available as the Secretary may determine for allocation within the Department for official reception and representation expenses: 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 established to support the electronic tariff filing system: 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, $3,000,000.

Transportation Administrative Service Center

Necessary expenses for operating costs and capital outlays of the Transportation Administrative Service Center, not to exceed $124,812,000, shall be paid from appropriations made available to the Department of Transportation: 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

(liquidation of contract authorization)

(airport and airway trust fund)

(including rescission of contract authorization)

For liquidation of obligations incurred for payments to air carriers of so much of the compensation fixed and determined under subchapter II of chapter 417 of title 49, United States Code, as is payable by the Department of Transportation, $25,900,000, to remain available until expended and to be derived from the Airport and Airway Trust Fund: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs in excess of $25,900,000 for the Payments to Air Carriers program in fiscal year 1997: Provided further, That none of the funds in this Act shall be used by the Secretary of Transportation to make payment of compensation under subchapter II of chapter 417 of title 49, United States Code, in excess of the appropriation in this Act for liquidation of obligations incurred under the ``Payments to air carriers'' program: Provided further, That none of the funds in this Act shall be used for the payment of claims for such compensation except in accordance with this provision: Provided further, That none of the funds in this Act shall be available for service to communities in the forty-eight contiguous States that are located fewer than seventy highway miles from the nearest large or medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than two hundred and ten miles from the nearest large or medium hub airport: Provided further, That of funds provided for ``Small Community Air Service'' by Public Law 101-508, $12,700,000 in fiscal year 1997 is hereby rescinded.

Payments to Air Carriers

(rescission)

Of the budgetary resources remaining available under this heading, $1,133,000 are rescinded.

Rental Payments

For necessary expenses for rental of headquarters and field space not to exceed 8,580,000 square feet and for related services assessed by the General Services Administration, $127,447,000: Provided, That of this amount, $2,022,000 shall be derived from the Highway Trust Fund, $39,113,000 shall be derived from the Airport and Airway Trust Fund, $840,000 shall be derived from the Pipeline Safety Fund, and $193,000 shall be derived from the Harbor Maintenance Trust Fund: Provided further, That in addition, for assessments by the General Services Administration related to the space needs of the Federal Highway Administration, $17,294,000, to be derived from ``Federal-aid Highways'', subject to the ``Limitation on General Operating Expenses''.

Minority Business Resource Center Program

For the cost of direct loans, $1,500,000, as authorized by 49 U.S.C. 332: 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 the Minority Business Resource Center outreach activities, $2,900,000, of which $2,635,000 shall remain available until September 30, 1998: 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

For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed five passenger motor vehicles for replacement only; payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and recreation and welfare; $2,319,725,000, of which $25,000,000 shall be derived from the Oil Spill Liability Trust Fund: <<NOTE: 14 USC 92 note.>> Provided, That the number of aircraft on hand at any one time shall not exceed two hundred and eighteen, exclusive of aircraft and parts stored to meet future attrition: 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 avail

able 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.

Acquisition, Construction, and Improvements

For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, $374,840,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund; of which $216,500,000 shall be available to acquire, repair, renovate or improve vessels, small boats and related equipment, to remain available until September 30, 2001; $18,040,000 shall be available to acquire new aircraft and increase aviation capability, to remain available until September 30, 1999; $41,700,000 shall be available for other equipment, to remain available until September 30, 1999; $52,350,000 shall be available for shore facilities and aids to navigation facilities, to remain available until September 30, 1999; and $46,250,000 shall remain available for personnel compensation and benefits and related costs, to remain available until September 30, 1998: Provided, That funds received from the sale of the VC-11A and HU-25 aircraft shall be credited to this appropriation for the purpose of acquiring new aircraft and increasing aviation capacity: Provided further, That the Commandant may dispose of surplus real property by sale or lease and the proceeds of such sale or lease shall be credited to this appropriation: Provided further, That none of the funds in this Act may be obligated or expended to continue the ``Vessel Traffic Service (VTS) 2000'' Program: Provided further, That of the funds provided under this heading, $1,000,000 is available only for a Coast Guard analysis of future VTS system requirements which minimizes complexity and is based upon an open system architecture maximizing use of off-the-shelf technology, to be conducted in cooperation with the maritime community and local organizations affected by the implementation of such systems.

Environmental Compliance and Restoration

For necessary expenses to carry out the Coast Guard's environmental compliance and restoration functions under chapter 19 of title 14, United States Code, $22,000,000, to remain available until expended.

Port Safety Development

For necessary expenses for debt retirement of the Port of Portland, Oregon, without further findings and determinations, $5,000,000, to remain available until expended.

Alteration of Bridges

For necessary expenses for alteration or removal of obstructive bridges, $16,000,000, to remain available until expended.

Retired Pay

For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55); $608,084,000.

Reserve Training

For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; $65,890,000.

Research, Development, Test, and Evaluation

For necessary expenses, not otherwise provided for, for applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law, $19,200,000, to remain available until expended, of which $5,020,000 shall be derived from the Oil Spill Liability Trust Fund: 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 four passenger motor vehicles for replacement only, $4,900,000,000, of which $1,642,500,000 shall be derived from the Airport and Airway Trust Fund: Provided, That notwithstanding any other provision of law, not to exceed $75,000,000 from additional user fees to be established by the Administrator of the Federal Aviation Administration shall be credited to this appropriation as offsetting collections and used for necessary and authorized expenses under this heading: Provided further, That the sum herein appropriated from the general fund shall be reduced on a dollar for dollar basis as such offsetting collections are received during fiscal year

1997, to result in a final fiscal year 1997 appropriation from the general fund estimated at not more than $3,182,500,000: Provided further, That the only additional user fees authorized as offsetting collections are fees for services provided to aircraft that neither take off from, nor land in, the United States: 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.

Facilities and Equipment

(airport and airway trust fund)

For necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities and equipment as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; and construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this head; to be derived from the Airport and Airway Trust Fund, $1,790,000,000, of which $1,573,000,000 shall remain available until September 30, 1999, and of which $217,000,000 shall remain available until September 30, 1997: 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, $187,412,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 1999: 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.

Grants-in-Aid for Airports

(liquidation of contract authorization)

(airport and airway trust fund)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and for noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, and under other law authorizing such obligations, $1,500,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: 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 $1,460,000,000 in fiscal year 1997 for grants-in-aid for airport planning and development, and noise compatibility planning and programs, notwithstanding section 47117(h) of title 49, United States Code.

Aviation Insurance Revolving Fund

The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of funds available pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program for aviation insurance activities under chapter 443 of title 49, United States Code.

Aircraft Purchase Loan Guarantee Program

None of the funds in this Act shall be available for activities under this heading during fiscal year 1997.

Administrative Services Franchise Fund

There is hereby established in the Treasury <<NOTE: 49 USC 40113 note.>> a fund, to be available without fiscal year limitation, for the costs of capitalizing and operating such administrative services as the FAA Administrator determines may be performed more advantageously as centralized services, including accounting, international training, payroll, travel, duplicating, multimedia and information technology services: Provided, That any inventories, equipment, and other

assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made prior to the current year for the purpose of providing capital shall be used to capitalize such fund: Provided further, That such fund shall be paid in advance from funds available to the FAA and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of Automated Data Processing (ADP) software and systems (either required or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by the FAA Administrator: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of FAA financial management, ADP, and support systems: Provided further, That no later than thirty days after the end of each fiscal year, amounts in excess of this reserve limitation shall be transferred to miscellaneous receipts in the Treasury.

FEDERAL HIGHWAY ADMINISTRATION

Limitation on General Operating Expenses

Necessary expenses for administration, operation, including motor carrier safety program operations, and research of the Federal Highway Administration not to exceed $521,114,000 shall be paid in accordance with law from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: Provided, That $221,958,000 of the amount provided herein shall remain available until September 30, 1999.

Highway-Related Safety Grants

(liquidation of contract authorization)

(highway trust fund)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402 administered by the Federal Highway Administration, to remain available until expended, $2,049,000 to be derived from the Highway Trust Fund.

Federal-Aid Highways

(limitation on obligations)

(highway trust fund)

None of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $18,000,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 1997.

Federal-Aid Highways

(liquidation of contract authorization)

(highway trust fund)

For carrying out the provisions of title 23, United States Code, that are attributable to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise provided, including reimbursements for sums expended pursuant to the provisions of 23 U.S.C. 308, $19,800,000,000 or so much thereof as may be available in and derived from the Highway Trust Fund, to remain available until expended.

Right-of-Way Revolving Fund

(limitation on direct loans)

(highway trust fund)

None of the funds under this head are available for obligations for right-of-way acquisition during fiscal year 1997.

Motor Carrier Safety Grants

(liquidation of contract authorization)

(highway trust fund)

For payment of obligations incurred in carrying out 49 U.S.C. 31102, $74,000,000, to be derived from the Highway Trust Fund and to remain available until expended: 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 $78,225,000 for ``Motor Carrier Safety Grants''.

State Infrastructure Banks

To carry out the State Infrastructure Bank Pilot Program (Public Law 104-59, section 350), $150,000,000, to remain available until expended: Provided, That the Secretary may distribute these funds in a manner determined by the Secretary to any State for which a State Infrastructure Bank has been approved and the State has requested such funds: Provided further, That no distribution of funds made available under this heading shall be made prior to 180 days after the date of enactment of this Act: Provided further, That the Secretary may approve State Infrastructure Banks for more than 10 States: Provided further, That these funds shall be used to advance projects or programs under the terms and conditions of section 350: Provided further, That any State that receives such funds may deposit any portion of those funds into either the highway or transit account of the State Infrastructure Bank: Provided further, That the Secretary shall ensure that the Federal disbursements shall be at a rate consistent with historic rates for the Federal-aid highways program.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

Operations and Research

For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety under part C of subtitle VI of title 49, United States Code, and chapter 301 of title 49, United States Code, $80,900,000, of which $45,646,000 shall remain available until September 30, 1999: 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, $51,712,000, of which $27,066,000 shall remain available until September 30, 1999.

Highway Traffic Safety Grants

(liquidation of contract authorization)

(highway trust fund)

For payment of obligations incurred carrying out the provisions of 23 U.S.C. 153, 402, 408, and 410, chapter 303 of title 49, United States Code, and section 209 of Public Law 95-599, as amended, to remain available until expended, $168,100,000, to be derived from the Highway Trust Fund: 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 1997, are in excess of $168,100,000 for programs authorized under 23 U.S.C. 402 and 410, as amended, of which $128,700,000 shall be for ``State and community highway safety grants'', $2,400,000 shall be for the ``National Driver Register'', $11,500,000 shall be for highway safety grants as authorized by section 1003(a)(7) of Public Law 102-240, and $25,500,000 shall be for section 410 ``Alcohol-impaired driving counter-measures programs'': 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 $5,468,000 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 the unobligated balances of the appro

priation ``Highway-Related Safety Grants'' shall be transferred to and merged with this ``Highway Traffic Safety Grants'' appropriation: 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, $16,739,000, of which $1,523,000 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, $51,407,000, of which $2,476,000 shall remain available until expended: Provided, That notwithstanding any other law, funds appropriated under this heading are available for the reimbursement of out-of-state travel and per diem costs incurred by employees of State governments directly supporting the Federal railroad safety program, including regulatory development and compliance-related activities.

Railroad Research and Development

For necessary expenses for railroad research and development, $20,100,000, to remain available until expended.

Northeast Corridor Improvement Program

For necessary expenses related to Northeast Corridor improvements authorized by title VII of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et seq.) and 49 U.S.C. 24909, $115,000,000, to remain available until September 30, 1999.

High-Speed Rail Trainsets and Facilities

For the National Railroad Passenger Corporation, $80,000,000, to remain available until September 30, 1999, to pursue public/private partnerships for high-speed rail trainset and maintenance facility financing arrangements.

Railroad Rehabilitation and Improvement Program

The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided, That no new loan guarantee commitments shall be made during fiscal year 1997.

Next Generation High-Speed Rail

For necessary expenses for Next Generation High-Speed Rail studies, corridor planning, development, demonstration, and implementation, $24,757,000, to remain available until expended: 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.

Trust Fund Share of Next Generation High-Speed Rail

(liquidation of contract authorization)

(highway trust fund)

For grants and payment of obligations incurred in carrying out the provisions of the High-Speed Ground Transportation program as defined in subsections 1036(c) and 1036(d)(1)(B) of the Intermodal Surface Transportation Efficiency Act of 1991, including planning and environmental analyses, $2,855,000, to be derived from the Highway Trust Fund and to remain available until expended.

Alaska Railroad Rehabilitation

To enable the Secretary of Transportation to make grants to the Alaska Railroad, $10,000,000 shall be for capital rehabilitation and improvements benefiting its passenger operations.

Rhode Island Rail Development

For the costs associated with construction of a third track on the Northeast Corridor between Davisville and Central Falls, Rhode Island, with sufficient clearance to accommodate double stack freight cars, $7,000,000 to be matched by the State of Rhode Island or its designee on a dollar for dollar basis and to remain available until expended: 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 $13,000,000 in damages resulting from the legal action initiated by the P&W Railroad under its existing contracts with Amtrak relating to the provision of vertical clearances between Davisville and Central Falls in excess of those required for present freight operations.

Grants to the National Railroad Passenger Corporation

To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation authorized by 49 U.S.C. 24104, $565,450,000, to remain available until expended, of which $342,000,000 shall be available for operating losses and for mandatory passenger rail service payments, and $223,450,000 shall be for capital improvements: Provided, That funding under this head for capital improvements shall not be made available before July 1, 1997: 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, $41,497,000.

Formula Grants

For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2), 5311, and 5336, to remain available until expended, $490,000,000: Provided, That no more than $2,149,185,000 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 $400,000,000 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, $85,500,000, of which $39,500,000 shall be for activities under Metropolitan Planning (49 U.S.C. 5303); $4,500,000 for activities under Rural Transit Assistance (49 U.S.C. 5311(b)(2)); $8,250,000 for activities under State Planning and Research (49 U.S.C. 5313(b)); $22,000,000 for activities under National Planning and Research (49 U.S.C. 5314); $8,250,000 for activities under Transit Cooperative Research (49 U.S.C. 5313(a)); and $3,000,000 for National Transit Institute (49 U.S.C. 5315).

Trust Fund Share of Expenses

(liquidation of contract authorization)

(highway trust fund)

For payment of obligations incurred in carrying out 49 U.S.C. 5338(a), $1,920,000,000, to remain available until expended and to be derived from the Highway Trust Fund: Provided, That $1,920,000,000 shall be paid from the Mass Transit Account of the Highway Trust Fund to the Federal Transit Administration's formula grants account.

Discretionary Grants

(limitation on obligations)

(highway trust fund)

None of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $1,900,000,000 in fiscal year 1997 for grants under the contract authority in 49 U.S.C. 5338(b): Provided, That there shall be available for fixed guideway modernization, $760,000,000; there shall be available for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities, $380,000,000; and, notwithstanding any other provision of law, except for fixed guideway modernization projects, $8,890,000 made available under Public Law 102-240 and Public Law 102-143 under ``Federal Transit Administration, Discretionary Grants'' for projects specified in those Acts or identified in reports accompanying those Acts, not obligated by September 30, 1996; together with, notwithstanding any other provision of law, $744,000 funds made available for the ``New Bedford and Fall River Massachusetts commuter rail extension'' under Public Law 103-331; together with, notwithstanding any other provision of law, $47,322,000 funds made available for the ``Chicago Central Area Circulator Project'' in Public Law 103-122 and Public Law 103-331, shall be made available for new fixed guideway systems

together with the $760,000,000 made available for new fixed guideway systems in this Act, to be available as follows: $6,390,000 for the Alaska-Hollis to Ketchikan ferry project; $64,410,000 for the Atlanta-North Springs project; $10,260,000 for the Baltimore-LRT Extension project; $30,000,000 for the Boston Piers-MOS-2 project; $1,000,000 for the Burlington-Charlotte, Vermont commuter rail project; $3,500,000 for the Canton-Akron-Cleveland commuter rail project; $22,500,000, notwithstanding any other provision of law, for transit improvements in the Chicago downtown area; $3,000,000 for the Cincinnati Northeast-Northern Kentucky rail line project; $11,000,000 for the DART North Central light rail extension project; $15,250,000 for the Dallas-Fort Worth RAILTRAN project; $661,000,000 for the DeKalb County, Georgia light rail project; $1,500,000 for the Denver Southwest Corridor project; $9,000,000 for the Florida Tri-County commuter rail project; $1,000,000 for the Griffin light rail project; $40,590,000 for the Houston Regional Bus project; $5,500,000 for the Jackson, Mississippi Intermodal Corridor; $15,000,000 for the Jacksonville ASE extension project; $3,000,000 for the Kansas City Southtown corridor project; $2,000,000 for the Little Rock, Arkansas Junction Bridge project; $70,000,000 for the Los Angeles-MOS-3 project; $1,500,000 for the Los Angeles-San Diego commuter rail project; $33,191,000 for the MARC Commuter Rail Improvements project; $1,500,000 for the Metro-Dade Transit east-west corridor, Florida project; $1,000,000 for the Miami-North 27th Avenue project; $3,039,000 for the Memphis, Tennessee Regional Rail Plan; $4,240,000 for the Morgantown, West Virginia Personal Rapid Transit System; $10,000,000 for the New Jersey Urban Core/Hudson-Bergen LRT project; $105,530,000 for the New Jersey Urban Core/Secaucus project; $500,000 for the New Jersey West Trenton commuter rail project; $8,000,000 for the New Orleans Canal Street Corridor project; $2,000,000 for the New Orleans Desire Streetcar project; $35,020,000 for the New York-Queens Connection project; $500,000 for the Northern Indiana commuter rail project; $2,000,000 for the Oklahoma City, MAPS corridor transit system; $3,000,000 for the Orange County transitway project; $2,000,000 for the Orlando Lynx light rail project; $10,000,000 for the Pittsburgh Airport busway project;

$6,000,000 for the Portland South/North light rail transit project; $138,000,000 for the Portland-Westside/Hillsboro Extension project; $2,000,000 for the Research Triangle Park, North Carolina regional transit plan; $6,000,000 for the Sacramento LRT Extension project; $35,000,000 for the Salt Lake City-South LRT project, of which $10,000,000 may be available for high-occupancy vehicle lane and corridor design costs; $13,500,000 for St. Louis Metrolink; $32,000,000 for the St. Louis-St. Clair Extension project; $27,500,000 for the San Francisco Area-BART airport extension/San Jose Tasman West LRT projects; $1,500,000 for the San Diego-Mid-Coast Corridor project; $4,750,000 for the San Juan Tren Urbano project; $3,000,000 for the Seattle-Renton-Tacoma light rail project; $375,000 for the Staten Island-Midtown Ferry service project; $2,000,000 for the Tampa Bay Regional Rail project; $3,000,000 for the Virginia Rail Express Richmond to Washington communter rail project; and $3,750,000 for the Whitehall ferry terminal, New York, New York.

Mass Transit Capital Fund

(liquidation of contract authorization)

(highway trust fund)

For payment of obligations incurred in carrying out 49 U.S.C. 5338(b) administered by the Federal Transit Administration, $2,300,000,000, to be derived from the Highway Trust Fund and to remain available until expended.

Washington Metropolitan Area Transit Authority

For necessary expenses to carry out the provisions of section 14 of Public Law 96-184 and Public Law 101-551, $200,000,000, to remain available until expended.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation's budget for the current fiscal year.

Operations and Maintenance

(harbor maintenance trust fund)

For necessary expenses for operation and maintenance of those portions of the Saint Lawrence Seaway operated and maintained

by the Saint Lawrence Seaway Development Corporation, including the Great Lakes Pilotage functions delegated by the Secretary of Transportation, $10,337,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662.

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

Research and Special Programs

For expenses necessary to discharge the functions of the Research and Special Programs Administration, $26,886,000, of which $574,000 shall be derived from the Pipeline Safety Fund, and of which $7,101,000 shall remain available until September 30, 1999: 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 funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination.

Pipeline Safety

(pipeline safety fund)

For expenses necessary to conduct the functions of the pipeline safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, $30,988,000, of which $2,528,000 shall be derived from the Oil Spill Liability Trust Fund and shall remain available until September 30, 1999; and of which $28,460,000 shall be derived from the Pipeline Safety Fund, of which $15,500,000 shall remain available until September 30, 1999: Provided, That in addition to amounts made available for the Pipeline Safety Fund, $1,000,000 shall be available for grants to States for the development and establishment of one-call notification systems and shall be derived from amounts previously collected under section 7005 of the Consolidated Omnibus Budget Reconciliation Act of 1985.

Emergency Preparedness Grants

(emergency preparedness fund)

For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to be derived from the Emergency Preparedness Fund, to remain available until September 30, 1999: 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, $37,900,000: 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, $12,344,000: Provided, That $3,000,000 in fees collected in fiscal year 1997 by the Surface Transportation Board pursuant to 31 U.S.C. 9701 shall be made available to this appropriation in fiscal year 1997: Provided further, That any fees received in excess of $3,000,000 in fiscal year 1997 shall remain available until expended, but shall not be available for obligation until October 1, 1997.

TITLE II

RELATED AGENCIES

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

Salaries and Expenses

For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $3,540,000: 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), $42,407,000, of which not to exceed $2,000 may be used for official reception and representation expenses.

Title III—GENERAL PROVISIONS

Title IV—MISCELLANEOUS HIGHWAY PROVISIONS