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FILE h2169.enr --H.R.2169-- H.R.2169 One Hundred Fifth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Tuesday, the seventh day of January, one thousand nine hundred and ninety-seven An Act Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1998, and for other purposes. [Italic->] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled [<-Italic] , That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending September 30, 1998, and for other purposes, namely: TITLE I DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY SALARIES AND EXPENSES For necessary expenses of the Office of the Secretary, $61,000,000, of which not to exceed $40,000 shall be available as the Secretary may determine for allocation within the Department for official reception and representation expenses: [Italic->] Provided [<-Italic] , That notwithstanding any other provision of law, there may be credited to this appropriation up to $1,000,000 in funds received in user fees: [Italic->] Provided further [<-Italic] , That none of the funds appropriated in this Act or otherwise made available may be used to maintain custody of airline tariffs that are already available for public and departmental access at no cost; to secure them against detection, alteration, or tampering; and open to inspection by the Department. OFFICE OF CIVIL RIGHTS For necessary expenses of the Office of Civil Rights, $5,574,000. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT For necessary expenses for conducting transportation planning, research, systems development, and development activities, to remain available until expended, $4,400,000. TRANSPORTATION ADMINISTRATIVE SERVICE CENTER Necessary expenses for operating costs and capital outlays of the Transportation Administrative Service Center, not to exceed $121,800,000, shall be paid from appropriations made available to the Department of Transportation: [Italic->] Provided [<-Italic] , That such services shall be provided on a competitive basis to entities within the Department of Transportation: [Italic->] Provided further [<-Italic] , That the above limitation on operating expenses shall not apply to non-DOT entities: [Italic->] Provided further [<-Italic] , That no funds appropriated in this Act to an agency of the Department shall be transferred to the Transportation Administrative Service Center without the approval of the agency modal administrator: [Italic->] Provided further [<-Italic] , That no assessments may be levied against any program, budget activity, subactivity or project funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees. PAYMENTS TO AIR CARRIERS (RESCISSION OF CONTRACT AUTHORIZATION) (AIRPORT AND AIRWAY TRUST FUND) Of the budgetary resources provided for `Small Community Air Service' by Public Law 101-508, for fiscal year 1998, $38,600,000 are rescinded. MINORITY BUSINESS RESOURCE CENTER PROGRAM For the cost of direct loans, $1,500,000, as authorized by 49 U.S.C. 332: [Italic->] Provided [<-Italic] , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: [Italic->] Provided further [<-Italic] , That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $15,000,000. In addition, for administrative expenses to carry out the direct loan program, $400,000. MINORITY BUSINESS OUTREACH For necessary expenses of Minority Business Resource Center outreach activities, $2,900,000, of which $2,635,000 shall remain available until September 30, 1999: [Italic->] Provided [<-Italic] , That notwithstanding 49 U.S.C. 332, these funds may be used for business opportunities related to any mode of transportation. COAST GUARD OPERATING EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed five passenger motor vehicles for replacement only; payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and recreation and welfare; $2,715,400,000, of which $300,000,000 shall be available for defense-related activities and $25,000,000 shall be derived from the Oil Spill Liability Trust Fund: [Italic->] Provided [<-Italic] , That the number of aircraft on hand at any one time shall not exceed 212, exclusive of aircraft and parts stored to meet future attrition: [Italic->] Provided further [<-Italic] , That none of the funds appropriated in this or any other Act shall be available for pay or administrative expenses in connection with shipping commissioners in the United States: [Italic->] Provided further [<-Italic] , That none of the funds provided in this Act shall be available for expenses incurred for yacht documentation under 46 U.S.C. 12109, except to the extent fees are collected from yacht owners and credited to this appropriation: [Italic->] Provided further [<-Italic] , That the Commandant shall reduce both military and civilian employment levels for the purpose of complying with Executive Order No. 1 2839: [Italic->] Provided further [<-Italic] , That $34,300,000 of the funds provided under this heading for increased drug interdiction activities are not available for obligation until the Director, Office of National Drug Control Policy: (1) reviews the specific activities and associated costs and benefits proposed by the Coast Guard; (2) compares those activities to other drug interdiction efforts Government-wide; and (3) certifies, in writing, to the House and Senate Committees on Appropriations that such expenditures represent the best investment relative to other options: [Italic->] Provided further [<-Italic] , That should the Director, Office of National Drug Control Policy decline to make such certification, after notification in writing to the House and Senate Committees on Appropriations, the Director may transfer, at his discretion, up to $34,300,000 of funds provided herein for Coast Guard drug interdiction activities to any other entity of the Federal Government for drug interdiction activities: [Italic->] Provided further [<-Italic] , That up to $615,000 in user fees collected pursuant to section 1111 of Public Law 104-324 shall be credited to this appropriation as offsetting collections in fiscal year 1998. ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, $397,850,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund; of which $212,100,000 shall be available to acquire, repair, renovate or improve vessels, small boats and related equipment, to remain available until September 30, 2002; $25,800,000 shall be available to acquire new aircraft and increase aviation capability, to remain available until September 30, 2000; $44,650,000 shall be available for other equipment, to remain available until September 30, 2000; $68,300,000 shall be available for shore facilities and aids to navigation facilities, to remain available until September 30, 2000; and $47,000,000 shall be available for personnel compensation and benefits and related costs, to remain available until September 30, 1999: [Italic->] Provided [<-Italic] , That funds received from the sale of HU-25 aircraft shall be credited to this appropriation for the purpose of acquiring new aircraft and increasing aviation capacity: [Italic->] Provided further [<-Italic] , That the Commandant may dispose of surplus real property by sale or lease and the proceeds shall be credited to this appropriation, of which not more than $9,000,000 shall be credited as offsetting collections to this account, to be available for the purposes of this account: [Italic->] Provided further [<-Italic] , That the amount herein appropriated from the General Fund shall be reduced by such a mount: [Italic->] Provided further [<-Italic] , That any proceeds from the sale or lease of Coast Guard surplus real property in excess of $9,000,000 shall be retained and remain available until expended, but shall not be available for obligation until October 1, 1998: [Italic->] Provided further [<-Italic] , That the Secretary, acting through the Commandant, may enter into a long-term Use Agreement with the City of Unalaska for dedicated pier space on the municipal dock necessary to support Coast Guard enforcement vessels when such vessels call on the Port of Dutch Harbor, Alaska. ENVIRONMENTAL COMPLIANCE AND RESTORATION For necessary expenses to carry out the Coast Guard's environmental compliance and restoration functions under chapter 19 of title 14, United States Code, $21,000,000, to remain available until expended. ALTERATION OF BRIDGES For necessary expenses for alteration or removal of obstructive bridges, $17,000,000, to remain available until expended. RETIRED PAY For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55); $653,196,000. RESERVE TRAINING (INCLUDING TRANSFER OF FUNDS) For all necessary expenses of the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; $67,000,000: [Italic->] Provided [<-Italic] , That no more than $20,000,000 of funds made available under this heading may be transferred to Coast Guard `Operating expenses' or otherwise made available to reimburse the Coast Guard for financial support of the Coast Guard Reserve. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION For necessary expenses, not otherwise provided for, for applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law, $19,000,000, to remain available until expended, of which $3,500,000 shall be derived from the Oil Spill Liability Trust Fund: [Italic->] Provided [<-Italic] , That there may be credited to this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries, for expenses incurred for research, development, testing, and evaluation. BOAT SAFETY (AQUATIC RESOURCES TRUST FUND) For payment of necessary expenses incurred for recreational boating safety assistance under Public Law 92-75, as amended, $35,000,000, to be derived from the Boat Safety Account and to remain available until expended. FEDERAL AVIATION ADMINISTRATION OPERATIONS For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities and the operation (including leasing) and maintenance of aircraft, and carrying out the provisions of subchapter I of chapter 471 of title 49, United States Code, or other provisions of law authorizing the obligation of funds for similar programs of airport and airway development or improvement, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by Public Law 104-264, $5,301,934,000, of which $1,901,628,000 shall be derived from the Airport and Airway Trust Fund: [Italic->] Provided [<-Italic] , That none of the funds in this Act shall be available for the Federal Aviation Administration to plan, finalize, or implement any regulation that would promulgate new aviation user fees not specifically authorized by law after the date of enactment of this Act: [Italic->] Provided further [<-Italic] , That there may be credited to this appropriation funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses incurred in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair or alteration forms: [Italic->] Provided further [<-Italic] , That funds may be used to enter into a grant agreement with a nonprofit standard-setting organization to assist in the development of aviation safety standards: [Italic->] Provided further [<-Italic] , That none of the funds in this Act shall be available for new applicants for the second career training program: [Italic->] Provided further [<-Italic] , That none of the funds in this Act shall be available for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay: [Italic->] Provided further [<-Italic] , That none of the funds in this Act may be obligated or expended to operate a manned auxiliary flight service station in the contiguous United States: [Italic->] Provided further [<-Italic] , That none of the funds derived from the Airport and Airway Trust Fund may be used to support the operations and activities of the Associate Administrator for Commercial Space Transportation: [Italic->] Provided further [<-Italic] , That up to $5,000 of funds appropriated under this heading may be used for activities under the Aircraft Purchase Loan Guarantee Program. FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities and equipment as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; and construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this head; to be derived from the Airport and Airway Trust Fund, $1,875,477,000, of which $1,656,367,000 shall remain available until September 30, 2000, and of which $219,110,000 shall remain available until September 30, 1998: [Italic->] Provided [<-Italic] , That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities. RESEARCH, ENGINEERING, AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant, $199,183,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2000: [Italic->] Provided [<-Italic] , That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering, and development: [Italic->] Provided further [<-Italic] , That none of the funds in this Act may be obligated or expended for the `Flight 2000' Program. GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (AIRPORT AND AIRWAY TRUST FUND) For liquidation of obligations incurred for grants-in-aid for airport planning and development, and for noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, and under other law authorizing such obligations, $1,600,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: [Italic->] Provided [<-Italic] , That none of the funds in this Act shall be available for the planning or execution of programs the obligations for which are in excess of $1,700,000,000 in fiscal year 1998 for grants-in-aid for airport planning and development, and noise compatibility planning and programs, notwithstanding section 47117(h) of title 49, United States Code: [Italic->] Provided further [<-Italic] , That discretionary funds available for noise planning and mitigation shall not exceed $200,000,000 and discretionary funds available for the military airport program shall not exceed $26,000,000. GRANTS-IN-AID FOR AIRPORTS (AIRPORT AND AIRWAY TRUST FUND) (RESCISSION OF CONTRACT AUTHORIZATION) Of the unobligated balances authorized under 49 U.S.C. 48103 as amended, $412,000,000 are rescinded. AVIATION INSURANCE REVOLVING FUND The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of funds available pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program for aviation insurance activities under chapter 443 of title 49, United States Code. AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM Except as specifically provided elsewhere in this Act, none of the funds in this Act shall be available for activities under this heading during fiscal year 1998. FEDERAL HIGHWAY ADMINISTRATION LIMITATION ON GENERAL OPERATING EXPENSES Necessary expenses for administration, operation, including motor carrier safety program operations, and research of the Federal Highway Administration not to exceed $552,266,000 shall be paid in accordance with law from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: [Italic->] Provided [<-Italic] , That $241,708,000 of the amount provided herein shall remain available until September 30, 2000. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM For carrying out the provisions of section 1069(y) of Public Law 102-240, relating to construction of, and improvements to, corridors of the Appalachian Development Highway System, $300,000,000 to remain available until expended: [Italic->] Provided [<-Italic] , That none of the funds provided under this heading shall be available for engineering, design, right-of-way acquisition, or major construction of the Appalachian Development Highway System between I-81 in Virginia and the community of Wardensville, West Virginia. FEDERAL-AID HIGHWAYS (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) None of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $21,500,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 1998. FEDERAL-AID HIGHWAYS (LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND) For carrying out the provisions of title 23, United States Code, that are attributable to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise provided, including reimbursements for sums expended pursuant to the provisions of 23 U.S.C. 308, $20,800,000,000 or so much thereof as may be available in and derived from the Highway Trust Fund, to remain available until expended. RIGHT-OF-WAY REVOLVING FUND (LIMITATION ON DIRECT LOANS) (HIGHWAY TRUST FUND) None of the funds under this heading are available for obligations for right-of-way acquisition during fiscal year 1998. MOTOR CARRIER SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out 49 U.S.C. 31102, $85,000,000, to be derived from the Highway Trust Fund and to remain available until expended: [Italic->] Provided [<-Italic] , That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $84,825,000 for `Motor Carrier Safety Grants'. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION OPERATIONS AND RESEARCH For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety under part C of subtitle VI of title 49, United States Code, and chapter 301 of title 49, United States Code, $74,901,000, of which $40,674,000 shall remain available until September 30, 2000: [Italic->] Provided [<-Italic] , That none of the funds appropriated by this Act may be obligated or expended to plan, finalize, or implement any rulemaking to add to section 575.104 of title 49 of the Code of Federal Regulations any requirement pertaining to a grading standard that is different from the three grading standards (treadwear, traction, and temperature resistance) already in effect. OPERATIONS AND RESEARCH (HIGHWAY TRUST FUND) For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety under 23 U.S.C. 403 and section 2006 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240), to be derived from the Highway Trust Fund, $72,061,000, of which $49,520,000 shall remain available until September 30, 2000. HIGHWAY TRAFFIC SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred carrying out the provisions of 23 U.S.C. 153, 402, 408, and 410, and chapter 303 of title 49, United States Code, to remain available until expended, $186,000,000, to be derived from the Highway Trust Fund: [Italic->] Provided [<-Italic] , That, notwithstanding subsection 2009(b) of the Intermodal Surface Transportation Efficiency Act of 1991, none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 1998, are in excess of $186,500,000 for programs authorized under 23 U.S.C. 402, 410, and chapter 303 of title 49, United States Code, of which $149,700,000 shall be for `State and community highway safety grants', $2,300,000 shall be for the `National Driver Register', and $34,500,000 shall be for section 410 `Alcohol-impaired driving counter-measures programs': [Italic->] Provided further [<-Italic] , That none of these funds shall be used for construction, rehabilitation or remodeling costs, or for office furnishings and fixtures for State, local, or private buildings or structures: [Italic->] Provided further [<-Italic] , That not to exceed $5,268,000 of the funds made available for section 402 may be available for administering `State and community highway safety grants': [Italic->] Provided further [<-Italic] , That not to exceed $150,000 of the funds made available for section 402 may be available for administering the highway safety grants authorized by section 1003(a)(7) of Public Law 102-240: [Italic->] Provided further [<-Italic] , That not to exceed $500,000 of the funds made available for section 410 `Alcohol-impaired driving counter-measures programs' shall be available for technical assistance to the States. FEDERAL RAILROAD ADMINISTRATION OFFICE OF THE ADMINISTRATOR For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $20,290,000, of which $1,389,000 shall remain available until expended: [Italic->] Provided [<-Italic] , That none of the funds in this Act shall be available for the planning or execution of a program making commitments to guarantee new loans under the Emergency Rail Services Act of 1970, as amended, and no new commitments to guarantee loans under section 211(a) or 211(h) of the Regional Rail Reorganization Act of 1973, as amended, shall be made: [Italic->] Provided further [<-Italic] , That, as part of the Washington Union Station transaction in which the Secretary assumed the first deed of trust on the property and, where the Union Station Redevelopment Corporation or any successor is obligated to make payments on such deed of trust on the Secretary's behalf, including payments on and after September 30, 1988, the Secretary is authorized to receive such payments directly from the Union Station Redevelopment Corporation, credit them to the appropriation charged for the first deed of trust, and make payments on the first deed of trust with those funds: [Italic->] Provided further [<-Italic] , That such additional sums as may be necessary for payment on the first deed of trust may be advanced by the Administrator from unobligated balances available to the Federal Railroad Administration, to be reimbursed from payments received from the Union Station Redevelopment Corporation. RAILROAD SAFETY For necessary expenses in connection with railroad safety, not otherwise provided for, $57,067,000, of which $5,511,000 shall remain available until expended: [Italic->] Provided [<-Italic] , That notwithstanding any other provision of law, funds appropriated under this heading are available for the reimbursement of out-of-state travel and per diem costs incurred by employees of State governments directly supporting the Federal railroad safety program, including regulatory development and compliance-related activities. RAILROAD RESEARCH AND DEVELOPMENT For necessary expenses for railroad research and development, $20,758,000, to remain available until expended. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM For necessary expenses related to Northeast Corridor improvements authorized by title VII of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et seq.) and 49 U.S.C. 24909, $250,000,000, to remain available until September 30, 2000, of which $12,000,000 shall be for the Pennsylvania Station Redevelopment Project. RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: [Italic->] Provided [<-Italic] , That no new loan guarantee commitments shall be made during fiscal year 1998. NEXT GENERATION HIGH-SPEED RAIL For necessary expenses for Next Generation High-Speed Rail studies, corridor planning, development, demonstration, and implementation, $20,395,000, to remain available until expended: [Italic->] Provided [<-Italic] , That funds under this heading may be made available for grants to States for high-speed rail corridor design, feasibility studies, environmental analyses, and track and signal improvements. ALASKA RAILROAD REHABILITATION To enable the Secretary of Transportation to make grants to the Alaska Railroad, $15,280,000 shall be for capital rehabilitation and improvements benefiting its passenger operations. RHODE ISLAND RAIL DEVELOPMENT For the costs associated with construction of a third track on the Northeast Corridor between Davisville and Central Falls, Rhode Island, with sufficient clearance to accommodate double stack freight cars, $10,000,000, to be matched by the State of Rhode Island or its designee on a dollar-for-dollar basis and to remain available until expended: [Italic->] Provided [<-Italic] , That as a condition of accepting such funds, the Providence and Worcester (P&W) Railroad shall enter into an agreement with the Secretary to reimburse Amtrak and/or the Federal Railroad Administration, on a dollar-for-dollar basis, up to the first $23,000,000 in damages resulting from the legal action initiated by the P&W Railroad under its existing contracts with Amtrak relating to the provision of vertical clearances between Davisville and Central Falls in excess of those required for present freight operations. GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation authorized by 49 U.S.C. 24104, $543,000,000, to remain available until expended, of which $344,000,000 shall be available for operating losses, and $199,000,000 shall be for capital improvements: [Italic->] Provided [<-Italic] , That if Amtrak reform legislation as required by section 977(f) of the Taxpayer Relief Act of 1997 is enacted into law prior to the distribution by the Secretary of any of the funds appropriated above for capital improvements, then the portion of this appropriation made available for capital improvements shall not be available for obligation and the Secretary shall not transfer any of the funds appropriated under this heading for capital improvements to Amtrak: [Italic->] Provided further [<-Italic] , That in the event Amtrak reform legislation required by section 977(f) of the Taxpayer Relief Act of 1997 is enacted into law after the distribution of some or all of the funds appropriated under this account for capital improvements are transferred by the Secretary to Amtrak, then the Secretary of the Treasury shall reduce the amount refunded to Amtrak under section 977 of the Taxpayer Relief Act of 1997 by an amount equal to the funds distributed to Amtrak under this heading for capital improvements and the portion of this appropriation made available for capital improvements shall not be available for obligation and no additional funds appropriated under this heading shall be transferred by the Secretary to Amtrak for capital improvements: [Italic->] Provided further [<-Italic] , That none of the funds provided for capital improvements may be transferred to operating losses to pay for debt service interest unless specifically authorized by law after the date of enactment of this Act: [Italic->] Provided further [<-Italic] , That the incurring of any obligation or commitment by the Corporation for the purchase of capital improvements with funds appropriated herein which is prohibited by this Act shall be deemed a violation of 31 U.S.C. 1341: [Italic->] Provided further [<-Italic] , That funding under this heading for capital improvements shall not be made available before July 1, 1998: [Italic->] Provided further [<-Italic] , That none of the funds herein appropriated shall be used for lease or purchase of passenger motor vehicles or for the hire of vehicle operators for any officer or employee, other than the president of the Corporation, excluding the lease of passenger motor vehicles for those officers or employees while in official travel status. FEDERAL TRANSIT ADMINISTRATION ADMINISTRATIVE EXPENSES For necessary administrative expenses of the Federal Transit Administration's programs authorized by chapter 53 of title 49, United States Code, $45,738,000: [Italic->] Provided [<-Italic] , That none of the funds in this Act shall be available for the execution of contracts under section 5327(c) of title 49, United States Code, in an aggregate amount that exceeds $15,000,000. FORMULA GRANTS For necessary expenses to carry out 49 U.S.C. 5307, 5310(a)(2), 5311, and 5336, to remain available until expended, $240,000,000: [Italic->] Provided [<-Italic] , That no more than $2,500,000,000 of budget authority shall be available for these purposes: [Italic->] Provided further [<-Italic] , That of the funds provided under this heading for formula grants, no more than $150,000,000 may be used for operating assistance under 49 U.S.C. 5336(d): [Italic->] Provided further [<-Italic] , That the limitation on operating assistance provided under this heading shall, for urbanized areas of less than 200,000 in population, be no less than 75 percent of the amount of operating assistance such areas are eligible to receive under Public Law 103-331: [Italic->] Provided further [<-Italic] , That in the distribution of the limitation provided under this heading to urbanized areas that had a population under the 1990 census of 1,000,000 or more, the Secretary shall direct each such area to give priority consideration to the impact of reductions in operating assistance on smaller transit authorities operating within the area and to consider the needs and resources of such transit authorities when the limitation is distributed among all transit authorities operating in the area. UNIVERSITY TRANSPORTATION CENTERS For necessary expenses for university transportation centers as authorized by 49 U.S.C. 5317(b), to remain available until expended, $6,000,000. TRANSIT PLANNING AND RESEARCH For necessary expenses for transit planning and research as authorized by 49 U.S.C. 5303, 5311, 5313, 5314, and 5315, to remain available until expended, $92,000,000, of which $39,500,000 shall be for activities under Metropolitan Planning (49 U.S.C. 5303); $4,500,000 for activities under Rural Transit Assistance (49 U.S.C. 5311(b)(2)); $8,250,000 for activities under State Planning and Research (49 U.S.C. 5313(b)); $36,750,000 for activities including National Planning and Research (49 U.S.C. 5314 and 5313(a)); and $3,000,000 for National Transit Institute (49 U.S.C. 5315). TRUST FUND SHARE OF EXPENSES (LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out 49 U.S.C. 5338(a), $2,210,000,000, to remain available until expended and to be derived from the Highway Trust Fund: [Italic->] Provided [<-Italic] , That $2,210,000,000 shall be paid from the Mass Transit Account of the Highway Trust Fund to the Federal Transit Administration's formula grants account. DISCRETIONARY GRANTS (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) None of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $2,000,000,000 in fiscal year 1998 for grants under the contract authority in 49 U.S.C. 5338(b): [Italic->] Provided [<-Italic] , That there shall be available for fixed guideway modernization, $800,000,000; there shall be available for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities, $400,000,000; and there shall be available for new fixed guideway systems $800,000,000, to be available as follows: $44,600,000 for the Atlanta-North Springs project; $1,000,000 for the Austin Capital metro project; $46,250,000 for the Boston Piers MOS-2 project; $1,000,000 for the Boston urban ring project; $5,000,000 for the Burlington-Essex, Vermont commuter rail project; $2,000,000 for the Canton-Akron-Cleveland commuter rail project; $1,500,000 for the Charleston monobeam rail project; $1,000,000 for the Charlotte South corridor transitway project; $500,000 for the Cincinnati Northeast/Northern Kentucky rail line project; $5,000,000 for the Clark County, Nevada fixed guideway project; $800,000 for the Cleveland Blue Line extension to Highland Hills project; $700,000 for the Cleveland Berea Red Line extension to Hopkins International Airport; $1,000,000 for the Cleveland Waterfront Line extension project; $8,000,000 for the Dallas-Fort Worth RAILTRAN project; $11,000,000 for the DART North Central light rail extension project; $1,000,000 for the DeKalb County, Georgia light rail project; $23,000,000 for the Denver Southwest Corridor project; $20,000,000 for the New York East Side access project; $8,000,000 for the Florida Tri-County commuter rail project; $2,000,000 for the Galveston, Texas rail trolley system project; $1,000,000 for the Houston Advanced Regional Bus project; $51,100,000 for the Houston Regional Bus project; $1,250,000 for the Indianapolis Northeast corridor project; $3,000,000 for the Jackson, Mississippi intermodal corridor project; $61,500,000 for the Los Angeles MOS-3 project; $31,000,000 for MARC commuter rail improvements; $1,000,000 for the Memphis, Tennessee regional rail project; $5,000,000 for the Metro-Dade Transit east-west corridor project; $5,000,000 for the Miami-North 27th Avenue project; $1,000,000 for the Mission Valley East corridor project; $500,000 for the Nassau Hub rail link EIS project; $60,000,000 for the New Jersey Hudson-Bergen LRT project; $27,000,000 for the New Jersey Secaucus project; $6,000,000 for the New Orleans Canal Street corridor project; $2,000,000 for the New Orleans Desire Streetcar project; $12,000,000 for the North Carolina Research Triangle Park project; $4,000,000 for the Northern Indiana South Shore commuter rail project; $3,000,000 for the Oceanside-Escondido light rail project; $1,600,000 for the Oklahoma City MAPS corridor transit project; $2,000,000 for the Orange County transitway project; $31,800,000 for the Orlando Lynx light rail project; $500,000 for the Pennsylvania Strawberry Hill/Diamond Branch rail project; $4,000,000 for the Phoenix metropolitan area transit project; $5,000,000 for the Pittsburgh airport busway project; $63,400,000 for the Portland-Westside/Hillsboro project; $2,000,000 for the Roaring Fork Valley rail project; $20,300,000 for the Sacramento LRT project; $63,400,000 for the Salt Lake City South LRT project; $4,000,000 for the Salt Lake City regional commuter system project; $1,000,000 for the San Bernardino Metrolink project; $1,500,000 for the San Diego Mid-Coast corridor project; $29,900,000 for the San Francisco BART extension to the airport project; $15,000,000 for the San Juan Tren Urbano; $21,400,000 for the San Jose Tasman LRT project; $18,000,000 for the Seattle-Tacoma light rail and commuter rail projects; $30,000,000 for the St. Louis-St. Clair LRT extension project; $2,500,000 for the St. George Ferry terminal project; $500,000 for the Springfield-Branson, Missouri commuter rail project; $1,000,000 for the Tampa Bay regional rail project; $2,000,000 for the Tidewater, Virginia rail project; $1,000,000 for the Toledo, Ohio rail project; $12,000,000 for the Twin Cities transitways projects; $2,000,000 for the Virginia Rail Express Fredericksburg to Washington commuter rail project; $2,500,000 for the Whitehall ferry terminal project; and $3,000,000 for the Wisconsin central commuter rail project. MASS TRANSIT CAPITAL FUND (LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out 49 U.S.C. 5338(b) administered by the Federal Transit Administration, $2,350,000,000, to be derived from the Highway Trust Fund and to remain available until expended. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY For necessary expenses to carry out the provisions of section 14 of Public Law 96-184 and Public Law 101-551, $200,000,000, to remain available until expended. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation's budget for the current fiscal year. OPERATIONS AND MAINTENANCE (HARBOR MAINTENANCE TRUST FUND) For necessary expenses for operation and maintenance of those portions of the Saint Lawrence Seaway operated and maintained by the Saint Lawrence Seaway Development Corporation, including the Great Lakes Pilotage functions delegated by the Secretary of Transportation, $11,200,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662. RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION RESEARCH AND SPECIAL PROGRAMS For expenses necessary to discharge the functions of the Research and Special Programs Administration, $28,450,000, of which $574,000 shall be derived from the Pipeline Safety Fund, and of which $4,950,000 shall remain available until September 30, 2000: [Italic->] Provided [<-Italic] , That up to $1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as offsetting receipts: [Italic->] Provided further [<-Italic] , That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions. PIPELINE SAFETY (PIPELINE SAFETY FUND) (OILSPILL LIABILITY TRUST FUND) For expenses necessary to conduct the functions of the pipeline safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, $31,300,000, of which $3,300,000 shall be derived from the Oil Spill Liability Trust Fund and shall remain available until September 30, 2000; and of which $28,000,000 shall be derived from the Pipeline Safety Fund, of which $14,839,000 shall remain available until September 30, 2000: [Italic->] Provided [<-Italic] , That in addition to amounts made available for the Pipeline Safety Fund, $1,100,000 shall be available for grants to States for the development and establishment of one-call notification systems and shall be derived from amounts previously collected under 49 U.S.C. 60301, and that an additional $365,000 in amounts previously collected under 49 U.S.C. 60301 is available to conduct general functions of the pipeline safety program. EMERGENCY PREPAREDNESS GRANTS (EMERGENCY PREPAREDNESS FUND) For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to be derived from the Emergency Preparedness Fund, to remain available until September 30, 2000: [Italic->] Provided [<-Italic] , That none of the funds made available by 49 U.S.C. 5116(i) and 5127(d) shall be made available for obligation by individuals other than the Secretary of Transportation, or his designee. OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $42,000,000: [Italic->] Provided [<-Italic] , That none of the funds under this heading shall be for the conduct of contract audits. SURFACE TRANSPORTATION BOARD SALARIES AND EXPENSES For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109, $13,853,000: [Italic->] Provided [<-Italic] , That $2,000,000 in fees collected in fiscal year 1998 by the Surface Transportation Board pursuant to 31 U.S.C. 9701 shall be made available to this appropriation in fiscal year 1998: [Italic->] Provided further [<-Italic] , That any fees received in excess of $2,000,000 in fiscal year 1998 shall remain available until expended, but shall not be available for obligation until October 1, 1998. TITLE II RELATED AGENCIES ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD SALARIES AND EXPENSES For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $3,640,000: [Italic->] Provided [<-Italic] , That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses. NATIONAL TRANSPORTATION SAFETY BOARD SALARIES AND EXPENSES For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902) $48,371,000, of which not to exceed $2,000 may be used for official reception and representation expenses. EMERGENCY FUND For necessary expenses of the National Transportation Safety Board for accident investigations, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), $1,000,000, to remain available until expended. TITLE III GENERAL PROVISIONS (INCLUDING TRANSFERS OF FUNDS) SEC. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). SEC. 302. Such sums as may be necessary for fiscal year 1998 pay raises for programs funded in this Act shall be absorbed within the levels appropriated in this Act or previous appropriations Acts. SEC. 303. Funds appropriated under this Act for expenditures by the Federal Aviation Administration shall be available: (1) except as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents; and (2) for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis. SEC. 304. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV. SEC. 305. None of the funds in this Act shall be available for salaries and expenses of more than 107 political and Presidential appointees in the Department of Transportation: [Italic->] Provided [<-Italic] , That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation. SEC. 306. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. SEC. 307. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. SEC. 308. The Secretary of Transportation may enter into grants, cooperative agreements, and other transactions with any person, agency, or instrumentality of the United States, any unit of State or local government, any educational institution, and any other entity in execution of the Technology Reinvestment Project authorized under the Defense Conversion, Reinvestment and Transition Assistance Act of 1992 and related legislation: [Italic->] Provided [<-Italic] , That the authority provided in this section may be exercised without regard to section 3324 of title 31, United States Code. SEC. 309. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 310. (a) For fiscal year 1998, the Secretary of Transportation shall distribute the obligation limitation for Federal-aid highways by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways that are apportioned or allocated to each State for such fiscal year bear to the total of the sums authorized to be appropriated for Federal-aid highways that are apportioned or allocated to all the States for such fiscal year. (b) During the period October 1 through December 31, 1997, no State shall obligate more than 25 percent of the amount distributed to such State under subsection (a), and the total of all State obligations during such period shall not exceed 12 percent of the total amount distributed to all States under such subsection. (c) Notwithstanding subsections (a) and (b), the Secretary shall-- (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways that have been apportioned to a State; (2) after August 1, 1998, revise a distribution of the funds made available under subsection (a) if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year giving priority to those States having large unobligated balances of funds apportioned under sections 103(e)(4), 104, 144, and 160 of title 23, United States Code, and under sections 1013(c) and 1015 of Public Law 102-240; and (3) not distribute amounts authorized for administrative expenses and funded from the administrative takedown authorized by section 104(a) of title 23, United States Code, the Federal lands highway program, the intelligent transportation systems program, the Truman-Hobbs bridges funded under the discretionary bridge program, and amounts made available under sections 1040, 1047, 1064, 6001, 6005, 6006, 6023, and 6024 of Public Law 102-240, and 49 U.S.C. 5316, 5317, and 5338: [Italic->] Provided [<-Italic] , That amounts made available under section 6005 of Public Law 102-240 shall be subject to the obligation limitation for Federal-aid highways and highway safety construction programs under the heading `Federal-Aid Highways' in this Act. (d) During the period October 1 through December 31, 1997, the aggregate amount of obligations under section 157 of title 23, United States Code, for projects covered under section 147 of the Surface Transportation Assistance Act of 1978, section 9 of the Federal-Aid Highway Act of 1981, sections 131(b), 131(j), and 404 of Public Law 97-424, sections 1061, 1103-1108, 4008, 6023(b)(8), and 6023(b)(10) of Public Law 102-240, and for projects authorized by Public Law 99-500 and Public Law 100-17, shall not exceed $277,431,840. (e) Notwithstanding any other provision of law, none of the funds in this Act shall be available for the distribution of bonus limitation under the Federal-aid highways program. SEC. 311. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obligation, or to any other authority previously made available for obligation under the discretionary grants program. SEC. 312. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code. SEC. 313. None of the funds in this Act shall be available to plan, finalize, or implement regulations that would establish a vessel traffic safety fairway less than five miles wide between the Santa Barbara Traffic Separation Scheme and the San Francisco Traffic Separation Scheme. SEC. 314. Notwithstanding any other provision of law, airports may transfer, without consideration, to the Federal Aviation Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement program grant. The FAA shall accept such equipment, which shall thereafter be operated and maintained by the FAA in accordance with agency criteria. SEC. 315. None of the funds in this Act shall be available to award a multiyear contract for production end items that: (1) includes economic order quantity or long lead time material procurement in excess of $10,000,000 in any one year of the contract; or (2) includes a cancellation charge greater than $10,000,000 which at the time of obligation has not been appropriated to the limits of the Government's liability; or (3) includes a requirement that permits performance under the contract during the second and subsequent years of the contract without conditioning such performance upon the appropriation of funds: [Italic->] Provided [<-Italic] , That this limitation does not apply to a contract in which the Federal Government incurs no financial liability from not buying additional systems, subsystems, or components beyond the basic contract requirements. SEC. 316. For the purposes of funds made available under the heading `Formula Grants', the term `Capital Project' includes a project for-- (A)(i) acquisition, construction, supervision, or inspection of a facility or equipment, including inspection thereof, for use in mass transportation; and (ii) expenses incidental to the acquisition or construction (including designing, engineering, location survey, mapping, acquiring rights-of-way, associated pre-revenue startup costs, and environmental mitigation), payments for rail trackage rights, intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; (B) rehabilitating a bus; (C) remanufacturing a bus; (D) overhauling rail rolling stock; (E) preventive maintenance; and (F) financing the operating costs of equipment and facilities used in mass transportation in urbanized areas with a population of less than 200,000. SEC. 317. Notwithstanding any other provision of law, and except for fixed guideway modernization projects, funds made available by this Act under `Federal Transit Administration, Discretionary grants' for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2000, shall be made available for other projects under 49 U.S.C. 5309. SEC. 318. Notwithstanding any other provision of law, any funds appropriated before October 1, 1993, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure may be transferred to and administered under the most recent appropriation heading for any such section. SEC. 319. None of the funds in this Act may be used to compensate in excess of 350 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 1998. SEC. 320. Funds provided in this Act for the Transportation Administrative Service Center (TASC) shall be reduced by $3,000,000, which limits fiscal year 1998 TASC obligational authority for elements of the Department of Transportation funded in this Act to no more than $118,800,000: [Italic->] Provided [<-Italic] , That such reductions from the budget request shall be allocated by the Department of Transportation to each appropriations account in proportion to the amount included in each account for the Transportation Administrative Service Center. SEC. 321. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's `Limitation on General Operating Expenses' account, the Federal Transit Administration's `Transit Planning and Research' account, and to the Federal Railroad Administration's `Railroad Safety' account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. SEC. 322. None of the funds in this Act shall be available to prepare, propose, or promulgate any regulations pursuant to title V of the Motor Vehicle Information and Cost Savings Act (49 U.S.C. 32901 et seq.) prescribing corporate average fuel economy standards for automobiles, as defined in such title, in any model year that differs from standards promulgated for such automobiles prior to enactment of this section. SEC. 323. None of the funds in this Act may be used for planning, engineering, design, or construction of a sixth runway at the Denver International Airport, Denver, Colorado: [Italic->] Provided [<-Italic] , That this provision shall not apply in any case where the Administrator of the Federal Aviation Administration determines, in writing, that safety conditions warrant obligation of such funds: [Italic->] Provided further [<-Italic] , That funds may be used for activities related to planning or analysis of airport noise issues related to the sixth runway project. SEC. 324. Notwithstanding 31 U.S.C. 3302, funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses: [Italic->] Provided [<-Italic] , That such funds shall not be subject to the obligation limitation for Federal-aid highways and highway safety construction. SEC. 325. None of the funds in this Act may be obligated or expended for employee training which: (1) does not meet identified needs for knowledge, skills and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluations; (4) contains any methods or content associated with religious or quasi-religious belief systems or `new age' belief systems as defined in Equal Employment Opportunity Commission Notice N-915.022, dated September 2, 1988; (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace; or (6) includes content related to human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) other than that necessary to make employees more aware of the medical ramifications of HIV/AIDS and the workplace rights of HIV-positive employees. SEC. 326. None of the funds in this Act shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation: [Italic->] Provided [<-Italic] , That this shall not prevent officers or employees of the Department of Transportation or related agencies funded in this Act from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. SEC. 327. None of the funds in this Act may be used to support Federal Transit Administration's field operations and oversight of the Washington Metropolitan Area Transit Authority in any location other than from the Washington, D.C. metropolitan area. SEC. 328. Not to exceed $1,000,000 of the funds provided in this Act for the Department of Transportation shall be available for the necessary expenses of advisory committees. SEC. 329. Notwithstanding any other provision of law, the Secretary may use funds appropriated under this Act, or any subsequent Act, to administer and implement the exemption provisions of 49 CFR 580.6 and to adopt or amend exemptions from the disclosure requirements of 49 CFR part 580 for any class or category of vehicles that the Secretary deems appropriate. SEC. 330. No funds other than those appropriated to the Surface Transportation Board or fees collected by the Board shall be used for conducting the activities of the Board. SEC. 331. (a) COMPLIANCE WITH BUY AMERICAN ACT- None of the funds made available in this Act may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with the Buy American Act (41 U.S.C. 10a-10c). (b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE- (1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products to the greatest extent practicable. (2) NOTICE TO RECIPIENTS OF ASSISTANCE- In providing financial assistance using funds made available in this Act, the head of each Federal agency shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by the Congress. (c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA- If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a `Made in America' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. SEC. 332. Notwithstanding any other provision of law, receipts, in amounts determined by the Secretary, collected from users of fitness centers operated by or for the Department of Transportation shall be available to support the operation and maintenance of those facilities. SEC. 333. None of the funds made available in this Act may be used for improvements to the Miller Highway in New York City, New York. SEC. 334. None of the funds in this Act shall be available to implement or enforce regulations that would result in the withdrawal of a slot from an air carrier at O'Hare International Airport under section 93.223 of title 14 of the Code of Federal Regulations in excess of the total slots withdrawn from that air carrier as of October 31, 1993 if such additional slot is to be allocated to an air carrier or foreign air carrier under section 93.217 of title 14 of the Code of Federal Regulations. SEC. 335. Notwithstanding any other provision of law, of amounts made available under Federal Aviation Administration `Operations', the FAA shall provide personnel at Dutch Harbor, Alaska to provide real-time weather and runway observation and other such functions to help ensure the safety of aviation operations. SEC. 336. Notwithstanding 49 U.S.C. 41742, no essential air service shall be provided to communities in the 48 contiguous States that are located fewer than 70 highway miles from the nearest large and medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the nearest large or medium hub airport. SEC. 337. (a) IN GENERAL- For purposes of the exception set forth in section 29(a)(2) of the International Air Transportation Competition Act of 1979 (Public Law 96-192; 94 Stat. 48), the term `passenger capacity of 56 passengers or less' includes any aircraft, except aircraft exceeding gross aircraft weight of 300,000 pounds, reconfigured to accommodate 56 or fewer passengers if the total number of passenger seats installed on the aircraft does not exceed 56. (b) INCLUSION OF CERTAIN STATES IN EXEMPTION- The first sentence of section 29(c) of the International Air Transportation Competition Act of 1979 (Public Law 96-192; 94 Stat. 48 et seq.) is amended by inserting `Kansas, Alabama, Mississippi,' before `and Texas'. (c) SAFETY ASSURANCE- The Administrator of the Federal Aviation Administration shall monitor the safety of flight operations in the Dallas-Fort Worth metropolitan area and take such actions as may be necessary to ensure safe aviation operations. If the Administrator must restrict aviation operations in the Dallas-Fort Worth area to ensure safety, the Administrator shall notify the House and Senate Committees on Appropriations as soon as possible that an unsafe airspace management situation existed requiring the restrictions. SEC. 338. Rebates, refunds, incentive payments, minor fees and other funds received by the Department from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department and allocated to elements of the Department using fair and equitable criteria and such funds shall be available until December 31, 1998. SEC. 339. Notwithstanding any other provision of law, the Department of the Navy is directed to transfer the USNS EDENTON (ATS-1), currently in Inactive Ship status, to the United States Coast Guard. SEC. 340. (a) FINDINGS- The Congress finds that-- (1) Congress has the authority under article I, section 8 of the Constitution to regulate the air commerce of the United States; (2) section 47107 of title 49, United States Code, prohibits the diversion of certain revenue generated by a public airport as a condition of receiving a project grant; (3) a grant recipient that uses airport revenues for purposes that are not airport-related in a manner inconsistent with chapter 471 of title 49, United States Code, illegally diverts airport revenues; (4) illegal diversion of airport revenues undermines the interest of the United States in promoting a strong national air transportation system; (5) the policy of the United States that airports should be as self-sustaining as possible and that revenues generated at airports should not be diverted from airport purposes was stated by Congress in 1982 and reaffirmed and strengthened in 1987, 1994, and 1996; (6) certain airports are constructed on lands that may have belonged, at one time, to Native Americans, Native Hawaiians, or Alaska Natives; (7) contrary to the prohibition against diverting airport revenues from airport purposes under section 47107 of title 49, United States Code, certain payments from airport revenues may have been made for the betterment of Native Americans, Native Hawaiians, or Alaska Natives based upon the claims related to lands ceded to the United States; (8) Federal law prohibits diversions of airport revenues obtained from any source whatsoever to occur in the future whether related to claims for periods of time prior to or after the date of enactment of this Act; and (9) because of the special circumstances surrounding such past diversions of airport revenues for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, it is in the national interest that amounts from airport revenues previously received by any entity for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, as specified in subsection (b) of this section, should not be subject to repayment. (b) TERMINATION OF REPAYMENT RESPONSIBILITY- Notwithstanding the provisions of 47107 of title 49, United States Code, or any other provision of law, monies paid for claims related to ceded lands and diverted from airport revenues and received prior to April 1, 1996, by any entity for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, shall not be subject to repayment. (c) PROHIBITION ON FURTHER DIVERSION- There shall be no further payment of airport revenues for claims related to ceded lands, whether characterized as operating expenses, rent, or otherwise, and whether related to claims for periods of time prior to or after the date of enactment of this Act. (d) CLARIFICATION- Nothing in this Act shall be construed to affect any existing Federal statutes, enactments, or trust obligations created thereunder, or any statute of the several States that define the obligations of such States to Native Americans, Native Hawaiians, or Alaska Natives in connection with ceded lands, except to make clear that airport revenues may not be used to satisfy such obligations. SEC. 341. LIMITATION ON FUNDS USED TO ENFORCE REGULATIONS REGARDING ANIMAL FATS AND VEGETABLE OILS- None of the funds made available in this Act may be used by the Coast Guard to issue, implement, or enforce a regulation or to establish an interpretation or guideline under the Edible Oil Regulatory Reform Act (Public Law 104-55), or the amendments made by that Act, that does not recognize and provide for, with respect to fats, oils, and greases (as described in that Act, or the amendments made by that Act) differences in-- (1) physical, chemical, biological, and other relevant properties; and (2) environmental effects. SEC. 342. Notwithstanding the provisions of any other law, rule or regulation, the Secretary of Transportation is authorized to allow the issuer of any preferred stock heretofore sold to the Department to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary. SEC. 343. Subsection (d)(4) of 49 U.S.C. 31112 is amended by striking `September 30, 1997' and inserting `February 28, 1998'. SEC. 344. None of the funds in this Act shall be used to enforce against air carriers, conducting operations under part 135 of the Federal Aviation Administration (FAA) regulations (14 CFR 135.1 et seq.) that are not scheduled operations (as defined in 14 CFR 119.3), the requirement in section 44936(f)(1) of title 49, United States Code that records be checked before hiring an individual as a pilot, until the FAA determines, in writing, that it can furnish to such air carriers the requested records within 30 days, as required by section 44936(f)(5) of title 49, United States Code. If the Administrator cannot make the determination, in writing, within 150 days after enactment of this Act, then the Administrator shall report to the Committees on Appropriations, the Senate Committee on Commerce, Science, and Transportation, and the House Committee on Transportation and Infrastructure, the reasons why the determination cannot be made. SEC. 345. EXEMPTION AUTHORITY FOR AIR SERVICE TO SLOT-CONTROLLED AIRPORTS- Section 41714 of title 49, United States Code, is amended by adding at the end thereof the following: `(i) EXPEDITIOUS CONSIDERATION OF CERTAIN EXEMPTION REQUESTS- Within 120 days after receiving an application for an exemption under subsection (a)(2) to improve air service between a nonhub airport (as defined in section 41731(a)(4)) and a high density airport subject to the exemption authority under subsection (a), the Secretary shall grant or deny the exemption. The Secretary shall notify the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure of the grant or denial within 14 calendar days after the determination and state the reasons for the determination.'. SEC. 346. (a) As soon as practicable after the date of enactment of this Act, the Secretary of Transportation, acting for the Department of Transportation, may take receipt of such equipment and sites of the Ground Wave Emergency Network (referred to in this section as `GWEN') as the Secretary of Transportation determines to be necessary for the establishment of a nationwide system to be known as the `Nationwide Differential Global Positioning System' (referred to in this section as `NDGPS'). (b) As soon as practicable after the date of enactment of this Act, the Secretary of Transportation may establish the NDGPS. In establishing the NDGPS, the Secretary of Transportation may-- (1) if feasible, reuse GWEN equipment and sites transferred to the Department of Transportation under subsection (a); (2) to the maximum extent practicable, use contractor services to install the NDGPS; (3) modify the positioning system operated by the Coast Guard at the time of the establishment of the NDGPS to integrate the reference stations made available pursuant to subsection (a); (4) in cooperation with the Secretary of Commerce, ensure that the reference stations referred to in paragraph (3) are compatible with, and integrated into, the Continuously Operating Reference Station (commonly referred to as `CORS') system of the National Geodetic Survey of the Department of Commerce; and (5) in cooperation with the Secretary of Commerce, investigate the use of the NDGPS reference stations for the Global Positioning System Integrated Precipitable Water Vapor System of the National Oceanic and Atmospheric Administration. (c) The Secretary of Transportation may-- (1) manage and operate the NDGPS; (2) ensure that the service of the NDGPS is provided without the assessment of any user fee; and (3) in cooperation with the Secretary of Defense, ensure that the use of the NDGPS is denied to any enemy of the United States. (d) In any case in which the Secretary of Transportation determines that contracting for the maintenance of 1 or more NDGPS reference stations is cost-effective, the Secretary of Transportation may enter into a contract to provide for that maintenance. (e) The Secretary of Transportation may-- (1) in cooperation with appropriate representatives of private industries and universities and officials of State governments-- (A) investigate improvements (including potential improvements) to the NDGPS; (B) develop standards for the NDGPS; and (C) sponsor the development of new applications for the NDGPS; and (2) provide for the continual upgrading of the NDGPS to improve performance and address the needs of-- (A) the Federal Government; (B) State and local governments; and (C) the general public. SEC. 347. The Secretary of Transportation is authorized to transfer funds appropriated to the Coast Guard in Public Law 102-368 in order to pay rent assessments by the General Services Administration related to prior year space needs of the D epartment: [Italic->] Provided [<-Italic] , That prior to any such transfer, notification shall be provided to the House and Senate Committees on Appropriations. SEC. 348. (a) Subsection (b) of section 642 of the Treasury and General Government Appropriations Act, 1998, is amended by inserting `other than a Member of Congress,' after `Code,'. (b) Paragraph (1) of section 642(c) of such Act is amended by striking `(1)(A) subject to subparagraph (B),' and inserting `(1)', and by striking `December 31, 1998' and all that follows through the end and inserting `December 31, 1998;'. This Act may be cited as the `Department of Transportation and Related Agencies Appropriations Act, 1998'. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.