[House Report 105-313]
[From the U.S. Government Printing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-313
_______________________________________________________________________
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF TRANSPORTATION AND RELATED
AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1998, AND FOR OTHER
PURPOSES
_______
October 7, 1997.--Ordered to be printed
_______________________________________________________________________
Mr. Wolf, from the committee on conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2169]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2169) ``making appropriations for the Department of
Transportation and related agencies for the fiscal year ending
September 30, 1998, and for other purposes,'' having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of
Transportation and related agencies for the fiscal year ending
September 30, 1998, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Salaries and Expenses
For necessary expenses of the Office of the Secretary,
$61,000,000, of which not to exceed $40,000 shall be available
as the Secretary may determine for allocation within the
Department for official reception and representation expenses:
Provided, That notwithstanding any other provision of law,
there may be credited to this appropriation up to $1,000,000 in
funds received in user fees: Provided further, That none of the
funds appropriated in this Act or otherwise made available may
be used to maintain custody of airline tariffs that are already
available for public and departmental access at no cost; to
secure them against detection, alteration, or tampering; and
open to inspection by the Department.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$5,574,000.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation
planning, research, systems development, and development
activities, to remain available until expended, $4,400,000.
Transportation Administrative Service Center
Necessary expenses for operating costs and capital outlays
of the Transportation Administrative Service Center, not to
exceed $121,800,000, shall be paid from appropriations made
available to the Department of Transportation: Provided, That
such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided
further, That the above limitation on operating expenses shall
not apply to non-DOT entities: Provided further, That no funds
appropriated in this Act to an agency of the Department shall
be transferred to the Transportation Administrative Service
Center without the approval of the agency modal administrator:
Provided further, That no assessments may be levied against any
program, budget activity, subactivity or project funded by this
Act unless notice of such assessments and the basis therefor
are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
Payments to Air Carriers
(rescission of contract authorization)
(airport and airway trust fund)
Of the budgetary resources provided for ``Small Community
Air Service'' by Public Law 101-508, for fiscal year 1998,
$38,600,000 are rescinded.
Minority Business Resource Center Program
For the cost of direct loans, $1,500,000, as authorized by
49 U.S.C. 332: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $15,000,000. In
addition, for administrative expenses to carry out the direct
loan program, $400,000.
Minority Business Outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $2,900,000, of which $2,635,000 shall
remain available until September 30, 1999: Provided, That
notwithstanding 49 U.S.C. 332, these funds may be used for
business opportunities related to any mode of transportation.
COAST GUARD
Operating Expenses
(including transfer of funds)
For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase of not to
exceed five passenger motor vehicles for replacement only;
payments pursuant to section 156 of Public Law 97-377, as
amended (42 U.S.C. 402 note), and section 229(b) of the Social
Security Act (42 U.S.C. 429(b)); and recreation and welfare;
$2,715,400,000, of which $300,000,000 shall be available for
defense-related activities and $25,000,000 shall be derived
from the Oil Spill Liability Trust Fund: Provided, That the
number of aircraft on hand at any one time shall not exceed two
hundred and twelve, exclusive of aircraft and parts stored to
meet future attrition: Provided further, That none of the funds
appropriated in this or any other Act shall be available for
pay or administrative expenses in connection with shipping
commissioners in the United States: Provided further, That none
of the funds provided in this Act shall be available for
expenses incurred for yacht documentation under 46 U.S.C.
12109, except to the extent fees are collected from yacht
owners and credited to this appropriation: Provided further,
That the Commandant shall reduce both military and civilian
employment levels for the purpose of complying with Executive
Order No. 12839: Provided further, That $34,300,000 of the
funds provided under this heading for increased drug
interdiction activities are not available for obligation until
the Director, Office of National Drug Control Policy: (1)
reviews the specific activities and associated costs and
benefits proposed by the Coast Guard; (2) compares those
activities to other drug interdiction efforts government-wide;
and (3) certifies, in writing, to the House and Senate
Committees on Appropriations that such expenditures represent
the best investment relative to other options: Provided
further, That should the Director, Office of National Drug
Control Policy decline to make such certification, after
notification in writing to the House and Senate Committees on
Appropriations, the Director may transfer, at his discretion,
up to $34,300,000 of funds provided herein for Coast Guard drug
interdiction activities to any other entity of the Federal
Government for drug interdiction activities: Provided further,
That up to $615,000 in user fees collected pursuant to section
1111 of Public Law 104-324 shall be credited to this
appropriation as offsetting collections in fiscal year 1998.
Acquisition, Construction, and Improvements
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment related
thereto, $397,850,000, of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund; of which $212,100,000
shall be available to acquire, repair, renovate or improve
vessels, small boats and related equipment, to remain available
until September 30, 2002; $25,800,000 shall be available to
acquire new aircraft and increase aviation capability, to
remain available until September 30, 2000; $44,650,000 shall be
available for other equipment, to remain available until
September 30, 2000; $68,300,000 shall be available for shore
facilities and aids to navigation facilities, to remain
available until September 30, 2000; and $47,000,000 shall be
available for personnel compensation and benefits and related
costs, to remain available until September 30, 1999: Provided,
That funds received from the sale of HU-25 aircraft shall be
credited to this appropriation for the purpose of acquiring new
aircraft and increasing aviation capacity: Provided further,
That the Commandant may dispose of surplus real property by
sale or lease and the proceeds shall be credited to this
appropriation, of which not more than $9,000,000 shall be
credited as offsetting collections to this account, to be
available for the purposes of this account: Provided further,
That the amount herein appropriated from the General Fund shall
be reduced by such amount: Provided further, That any proceeds
from the sale or lease of Coast Guard surplus real property in
excess of $9,000,000 shall be retained and remain available
until expended, but shall not be available for obligation until
October 1, 1998: Provided further, That the Secretary, acting
through the Commandant, may enter into a long-term Use
Agreement with the City of Unalaska for dedicated pier space on
the municipal dock necessary to support Coast Guard
enforcementvessels when such vessels call on the Port of Dutch Harbor,
Alaska.
Environmental Compliance and Restoration
For necessary expenses to carry out the Coast Guard's
environmental compliance and restoration functions under
chapter 19 of title 14, United States Code, $21,000,000, to
remain available until expended.
Alteration of Bridges
For necessary expenses for alteration or removal of
obstructive bridges, $17,000,000, to remain available until
expended.
Retired Pay
For retired pay, including the payment of obligations
therefor otherwise chargeable to lapsed appropriations for this
purpose, and payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, and for payments for
medical care of retired personnel and their dependents under
the Dependents Medical Care Act (10 U.S.C. ch. 55);
$653,196,000.
Reserve Training
(including transfer of funds)
For all necessary expenses of the Coast Guard Reserve, as
authorized by law; maintenance and operation of facilities; and
supplies, equipment, and services; $67,000,000: Provided, That
no more than $20,000,000 of funds made available under this
heading may be transferred to Coast Guard ``Operating
expenses'' or otherwise made available to reimburse the Coast
Guard for financial support of the Coast Guard Reserve.
Research, Development, Test, and Evaluation
For necessary expenses, not otherwise provided for, for
applied scientific research, development, test, and evaluation;
maintenance, rehabilitation, lease and operation of facilities
and equipment, as authorized by law, $19,000,000, to remain
available until expended, of which $3,500,000 shall be derived
from the Oil Spill Liability Trust Fund: Provided, That there
may be credited to this appropriation funds received from State
and local governments, other public authorities, private
sources, and foreign countries, for expenses incurred for
research, development, testing, and evaluation.
Boat Safety
(aquatic resources trust fund)
For payment of necessary expenses incurred for recreational
boating safety assistance under Public Law 92-75, as amended,
$35,000,000, to be derived from the Boat Safety Account and to
remain available until expended.
FEDERAL AVIATION ADMINISTRATION
Operations
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial space
transportation, administrative expenses for research and
development, establishment of air navigation facilities and the
operation (including leasing) and maintenance of aircraft, and
carrying out the provisions of subchapter I of chapter 471 of
title 49, United States Code, or other provisions of law
authorizing the obligation of funds for similar programs of
airport and airway development or improvement, lease or
purchase of passenger motor vehicles for replacement only, in
addition to amounts made available by Public Law 104-264,
$5,301,934,000, of which $1,901,628,000 shall be derived from
the Airport and Airway Trust Fund: Provided, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to plan, finalize, or implement any regulation
that would promulgate new aviation user fees not specifically
authorized by law after the date of enactment of this Act:
Provided further, That there may be credited to this
appropriation funds received from States, counties,
municipalities, foreign authorities, other public authorities,
and private sources, for expenses incurred in the provision of
agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance,
renewal or modification of certificates, including airman,
aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms:
Provided further, That funds may be used to enter into a grant
agreement with a nonprofit standard-setting organization to
assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be
available for new applicants for the second career training
program: Provided further, That none of the funds in this Act
shall be available for paying premium pay under 5 U.S.C.
5546(a) to any Federal Aviation Administration employee unless
such employee actually performed work during the time
corresponding to such premium pay: Provided further, That none
of the funds in this Act may be obligated or expended to
operate a manned auxiliary flight service station in the
contiguous United States: Provided further, That none of the
funds derived from the Airport and Airway Trust Fund may be
used to support the operations and activities of the Associate
Administrator for Commercial Space Transportation: Provided
further, That up to $5,000 of funds appropriatedunder this
heading may be used for activities under the Aircraft Purchase Loan
Guarantee Program.
Facilities and Equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, and improvement by contract or
purchase, and hire of air navigation and experimental
facilities and equipment as authorized under part A of subtitle
VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering
and service testing, including construction of test facilities
and acquisition of necessary sites by lease or grant; and
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase, lease,
or transfer of aircraft from funds available under this head;
to be derived from the Airport and Airway Trust Fund,
$1,875,477,000, of which $1,656,367,000 shall remain available
until September 30, 2000, and of which $219,110,000 shall
remain available until September 30, 1998: Provided, That there
may be credited to this appropriation funds received from
States, counties, municipalities, other public authorities, and
private sources, for expenses incurred in the establishment and
modernization of air navigation facilities.
Research, Engineering, and Development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant, $199,183,000,
to be derived from the Airport and Airway Trust Fund and to
remain available until September 30, 2000: Provided, That there
may be credited to this appropriation funds received from
States, counties, municipalities, other public authorities, and
private sources, for expenses incurred for research,
engineering, and development: Provided further, That none of
the funds in this Act may be obligated or expended for the
``Flight 2000'' Program.
Grants-in-Aid for Airports
(liquidation of contract authorization)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and for noise
compatibility planning and programs as authorized under
subchapter I of chapter 471 and subchapter I of chapter 475 of
title 49, United States Code, and under other law authorizing
such obligations, $1,600,000,000, to be derived from the
Airport and Airway Trust Fund and to remain available until
expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the
obligations for which are in excess of $1,700,000,000 in fiscal
year 1998 for grants-in-aid for airport planning and
development, and noise compatibility planning and programs,
notwithstanding section 47117(h) of title 49, United States
Code: Provided further, That discretionary funds available for
noise planning and mitigation shall not exceed $200,000,000 and
discretionary funds available for the military airport program
shall not exceed $26,000,000.
Grants-in-Aid for Airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the unobligated balances authorized under 49 U.S.C.
48103 as amended, $412,000,000 are rescinded.
Aviation Insurance Revolving Fund
The Secretary of Transportation is hereby authorized to
make such expenditures and investments, within the limits of
funds available pursuant to 49 U.S.C. 44307, and in accordance
with section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out
the program for aviationinsurance activities under chapter 443
of title 49, United States Code.
Aircraft Purchase Loan Guarantee Program
Except as specifically provided elsewhere in this Act, none
of the funds in this Act shall be available for activities
under this heading during fiscal year 1998.
FEDERAL HIGHWAY ADMINISTRATION
Limitation on General Operating Expenses
Necessary expenses for administration, operation, including
motor carrier safety program operations, and research of the
Federal Highway Administration not to exceed $552,266,000 shall
be paid in accordance with law from appropriations made
available by this Act to the Federal Highway Administration
together with advances and reimbursements received by the
Federal Highway Administration: Provided, That $241,708,000 of
the amount provided herein shall remain available until
September 30, 2000.
Appalachian Development Highway System
For carrying out the provisions of section 1069(y) of
Public Law 102-240, relating to construction of, and
improvements to, corridors of the Appalachian Development
Highway System, $300,000,000 to remain available until
expended: Provided, That none of the funds provided under this
heading shall be available for engineering, design, right-of-
way acquisition, or major construction of the Appalachian
development highway system between I-81 in Virginia and the
community of Wardensville, West Virginia.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs the obligations for
which are in excess of $21,500,000,000 for Federal-aid highways
and highway safety construction programs for fiscal year 1998.
Federal-Aid Highways
(liquidation of contract authorization)
(highway trust fund)
For carrying out the provisions of title 23, United States
Code, that are attributable to Federal-aid highways, including
the National Scenic and Recreational Highway as authorized by
23 U.S.C. 148, not otherwise provided, including reimbursements
for sums expended pursuant to the provisions of 23 U.S.C. 308,
$20,800,000,000 or so much thereof as may be available in and
derived from the Highway Trust Fund, to remain available until
expended.
Right-of-Way Revolving Fund
(limitation on direct loans)
(highway trust fund)
None of the funds under this head are available for
obligations for right-of-way acquisition during fiscal year
1998.
Motor Carrier Safety Grants
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49
U.S.C. 31102, $85,000,000, to be derived from the Highway Trust
Fund and to remain available until expended: Provided, That
none of the funds in this Act shall be available for the
implementation or execution of programs the obligations for
which are in excess of $84,825,000 for ``Motor Carrier Safety
Grants''.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Operations and Research
For expenses necessary to discharge the functions of the
Secretary with respect to traffic and highway safety under part
C of subtitle VI of title 49, United States Code, and chapter
301 of title 49, United States Code, $74,901,000, of which
$40,674,000 shall remain available until September 30, 2000:
Provided, That none of the funds appropriated by this Act may
be obligated or expended to plan, finalize, or implement any
rulemaking to add to section 575.104 of title 49 of the Code of
Federal Regulations any requirement pertaining to a grading
standard that is different from the three grading standards
(treadwear, traction, and temperature resistance) already in
effect.
Operations and Research
(highway trust fund)
For expenses necessary to discharge the functions of the
Secretary with respect to traffic and highway safety under 23
U.S.C. 403 and section 2006 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240), to
be derived from the Highway Trust Fund, $72,061,000, of which
$49,520,000 shall remain available until September 30, 2000.
Highway Traffic Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred carrying out the
provisions of 23 U.S.C. 153, 402, 408, and 410, and chapter 303
of title 49, United States Code, to remain available until
expended, $186,000,000, to be derived from the Highway Trust
Fund: Provided, That, notwithstanding subsection 2009(b) of the
Intermodal Surface Transportation Efficiency Act of 1991, none
of the funds in thisAct shall be available for the planning or
execution of programs the total obligations for which, in fiscal year
1998, are in excess of $186,500,000 for programs authorized under 23
U.S.C. 402, 410, and chapter 303 of title 49, U.S.C., of which
$149,700,000 shall be for ``State and community highway safety
grants'', $2,300,000 shall be for the ``National Driver Register'', and
$34,500,000 shall be for section 410 ``Alcohol-impaired driving
counter-measures programs'': Provided further, That none of these funds
shall be used for construction, rehabilitation or remodeling costs, or
for office furnishings and fixtures for State, local, or private
buildings or structures: Provided further, That not to exceed
$5,268,000 of the funds made available for section 402 may be available
for administering ``State and community highway safety grants'':
Provided further, That not to exceed $150,000 of the funds made
available for section 402 may be available for administering the
highway safety grants authorized by section 1003(a)(7) of Public Law
102-240: Provided further, That not to exceed $500,000 of the funds
made available for section 410 ``Alcohol-impaired driving counter-
measures programs'' shall be available for technical assistance to the
States.
FEDERAL RAILROAD ADMINISTRATION
Office of the Administrator
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $20,290,000, of
which $1,389,000 shall remain available until expended:
Provided, That none of the funds in this Act shall be available
for the planning or execution of a program making commitments
to guarantee new loans under the Emergency Rail Services Act of
1970, as amended, and no new commitments to guarantee loans
under section 211(a) or 211(h) of the Regional Rail
Reorganization Act of 1973, as amended, shall be made: Provided
further, That, as part of the Washington Union Station
transaction in which the Secretary assumed the first deed of
trust on the property and, where the Union Station
Redevelopment Corporation or any successor is obligated to make
payments on such deed of trust on the Secretary's behalf,
including payments on and after September 30, 1988, the
Secretary is authorized to receive such payments directly from
the Union Station Redevelopment Corporation, credit them to the
appropriation charged for the first deed of trust, and make
payments on the first deed of trust with those funds: Provided
further, That such additional sums as may be necessary for
payment on the first deed of trust may be advanced by the
Administrator from unobligated balances available to the
Federal Railroad Administration, to be reimbursed from payments
received from the Union Station Redevelopment Corporation.
Railroad Safety
For necessary expenses in connection with railroad safety,
not otherwise provided for, $57,067,000, of which $5,511,000
shall remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated
under this heading are available for the reimbursement of out-
of-state travel and per diem costs incurred by employees of
State governments directly supporting the Federal railroad
safety program, including regulatory development and
compliance-related activities.
Railroad Research and Development
For necessary expenses for railroad research and
development, $20,758,000, to remain available until expended.
Northeast Corridor Improvement Program
For necessary expenses related to Northeast Corridor
improvements authorized by title VII of the Railroad
Revitalization and Regulatory Reform Act of 1976, as amended
(45 U.S.C. 851 et seq.) and 49 U.S.C. 24909, $250,000,000, to
remain available until September 30, 2000, of which $12,000,000
shall be for the Pennsylvania Station Redevelopment Project.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to
the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as amended,
in such amounts and at such times as may be necessary to pay
any amounts required pursuant to the guarantee of the principal
amount of obligations under sections 511 through 513 of such
Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That no new loan guarantee
commitments shall be made during fiscal year 1998.
Next Generation High-Speed Rail
For necessary expenses for Next Generation High-Speed Rail
studies, corridor planning, development, demonstration, and
implementation, $20,395,000, to remain available until
expended: Provided, That funds under this head may be made
available for grants to States for high-speed rail corridor
design, feasibility studies, environmental analyses, and track
and signal improvements.
Alaska Railroad Rehabilitation
To enable the Secretary of Transportation to make grants to
the Alaska Railroad, $15,280,000 shall be forcapital
rehabilitation and improvements benefiting its passenger operations.
Rhode Island Rail Development
For the costs associated with construction of a third track
on the Northeast Corridor between Davisville and Central Falls,
Rhode Island, with sufficient clearance to accommodate double
stack freight cars, $10,000,000, to be matched by the State of
Rhode Island or its designee on a dollar for dollar basis and
to remain available until expended: Provided, That as a
condition of accepting such funds, the Providence and Worcester
(P&W) Railroad shall enter into an agreement with the Secretary
to reimburse Amtrak and/or the Federal Railroad Administration,
on a dollar for dollar basis, up to the first $23,000,000 in
damages resulting from the legal action initiated by the P&W
Railroad under its existing contracts with Amtrak relating to
the provision of vertical clearances between Davisville and
Central Falls in excess of those required for present freight
operations.
Grants to the National Railroad Passenger Corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation authorized by 49
U.S.C. 24104, $543,000,000, to remain available until expended,
of which $344,000,000 shall be available for operating losses,
and $199,000,000 shall be for capital improvements: Provided,
That if Amtrak reform legislation as required by section 977(f)
of the Taxpayer Relief Act of 1997 is enacted into law prior to
the distribution by the Secretary of any of the funds
appropriated above for capital improvements, then the portion
of this appropriation made available for capital improvements
shall not be available for obligation and the Secretary shall
not transfer any of the funds appropriated under this heading
for capital improvements to Amtrak: Provided further, That in
the event Amtrak reform legislation required by section 977(f)
of the Taxpayer Relief Act of 1997 is enacted into law after
the distribution of some or all of the funds appropriated under
this account for capital improvements are transferred by the
Secretary to Amtrak, then the Secretary of the Treasury shall
reduce the amount refunded to Amtrak under section 977 of the
Taxpayer Relief Act of 1997 by an amount equal to the funds
distributed to Amtrak under this heading for capital
improvements and the portion of this appropriation made
available for capital improvements shall not be available for
obligation and no additional funds appropriated under this
heading shall be transferred by the Secretary to Amtrak for
capital improvements: Provided further, That none of the funds
provided for capital improvements may be transferred to
operating losses to pay for debt service interest unless
specifically authorized by law after the date of enactment of
this Act: Provided further, That the incurring of any
obligation or commitment by the Corporation for the purchase of
capital improvements with funds appropriated herein which is
prohibited by this Act shall be deemed a violation of 31 U.S.C.
1341: Provided further, That funding under this head for
capital improvements shall not be made available before July 1,
1998: Provided further, That none of the funds herein
appropriated shall be used for lease or purchase of passenger
motor vehicles or for the hire of vehicle operators for any
officer or employee, other than the president of the
Corporation, excluding the lease of passenger motor vehicles
for those officers or employees while in official travel
status.
FEDERAL TRANSIT ADMINISTRATION
Administrative Expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $45,738,000: Provided, That none
of the funds in this Act shall be available for the execution
of contracts under section 5327(c) of title 49, United States
Code, in an aggregate amount that exceeds $15,000,000.
Formula Grants
For necessary expenses to carry out 49 U.S.C. 5307,
5310(a)(2), 5311, and 5336, to remain available until expended,
$240,000,000: Provided, That no more than $2,500,000,000 of
budget authority shall be available for these purposes:
Provided further, That of the funds provided under this head
for formula grants, no more than $150,000,000 may be used for
operating assistance under 49 U.S.C. 5336(d): Provided further,
That the limitation on operating assistance provided under this
heading shall, for urbanized areas of less than 200,000 in
population, be no less than seventy-five percent of the amount
of operating assistance such areas are eligible to receive
under Public Law 103-331: Provided further, That in the
distribution of the limitation provided under this heading to
urbanized areas that had a population under the 1990 census of
1,000,000 or more, the Secretary shall direct each such area to
give priority consideration to the impact of reductions in
operating assistance on smaller transit authorities operating
within the area and to consider the needs and resources of such
transit authorities when the limitation is distributed among
all transit authorities operating in the area.
University Transportation Centers
For necessary expenses for university transportation
centers as authorized by 49 U.S.C. 5317(b), to remain available
until expended, $6,000,000.
Transit Planning and Research
For necessary expenses for transit planning and research as
authorized by 49 U.S.C. 5303, 5311, 5313, 5314, and 5315, to
remain available until expended, $92,000,000, of which
$39,500,000 shall be for activities under Metropolitan Planning
(49 U.S.C. 5303); $4,500,000 for activities under Rural Transit
Assistance (49 U.S.C. 5311(b)(2)); $8,250,000 for activities
under State Planning and Research (49 U.S.C. 5313(b));
$36,750,000 for activities including National Planning and
Research (49 U.S.C. 5314 and 5313(a)); and $3,000,000 for
National Transit Institute (49 U.S.C. 5315).
Trust Fund Share of Expenses
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49
U.S.C. 5338(a), $2,210,000,000, to remain available until
expended and to be derived from the Highway Trust Fund:
Provided, That $2,210,000,000 shall be paid from the Mass
Transit Account of the Highway Trust Fund to the Federal
Transit Administration's formula grants account.
Discretionary Grants
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs the obligations for
which are in excess of $2,000,000,000 in fiscal year 1998 for
grants under the contract authority in 49 U.S.C. 5338(b):
Provided, That there shall be available for fixed guideway
modernization, $800,000,000; there shall be available for the
replacement, rehabilitation, and purchase of buses and related
equipment and the construction of bus-related facilities,
$400,000,000; and there shall be available for new fixed
guideway systems $800,000,000, to be available as follows:
$44,600,000 for the Atlanta-North Springs project;
$1,000,000 for the Austin Capital metro project;
$46,250,000 for the Boston Piers MOS-2 project;
$1,000,000 for the Boston urban ring project;
$5,000,000 for the Burlington-Essex, Vermont
commuter rail project;
$2,000,000 for the Canton-Akron-Cleveland commuter
rail project;
$1,500,000 for the Charleston monobeam rail
project;
$1,000,000 for the Charlotte South corridor
transitway project;
$500,000 for the Cincinnati Northeast/Northern
Kentucky rail line project;
$5,000,000 for the Clark County, Nevada fixed
guideway project;
$800,000 for the Cleveland Blue Line extension to
Highland Hills project;
$700,000 for the Cleveland Berea Red Line extension
to Hopkins International Airport;
$1,000,000 for the Cleveland Waterfront Line
extension project;
$8,000,000 for the Dallas-Fort Worth RAILTRAN
project;
$11,000,000 for the DART North Central light rail
extension project;
$1,000,000 for the DeKalb County, Georgia light
rail project;
$23,000,000 for the Denver Southwest Corridor
project;
$20,000,000 for the New York East Side access
project;
$8,000,000 for the Florida Tri-County commuter rail
project;
$2,000,000 for the Galveston, Texas rail trolley
system project;
$1,000,000 for the Houston Advanced Regional Bus
project;
$51,100,000 for the Houston Regional Bus project;
$1,250,000 for the Indianapolis Northeast corridor
project;
$3,000,000 for the Jackson, Mississippi intermodal
corridor project;
$61,500,000 for the Los Angeles MOS-3 project;
$31,000,000 for MARC commuter rail improvements;
$1,000,000 for the Memphis, Tennessee regional rail
project;
$5,000,000 for the Metro-Dade Transit east-west
corridor project;
$5,000,000 for the Miami-North 27th Avenue project;
$1,000,000 for the Mission Valley East corridor
project;
$500,000 for the Nassau Hub rail link EIS project;
$60,000,000 for the New Jersey Hudson-Bergen LRT
project;
$27,000,000 for the New Jersey Secaucus project;
$6,000,000 for the New Orleans Canal Street
corridor project;
$2,000,000 for the New Orleans Desire Streetcar
project;
$12,000,000 for the North Carolina Research
Triangle Park project;
$4,000,000 for the Northern Indiana South Shore
commuter rail project;
$3,000,000 for the Oceanside-Escondido light rail
project;
$1,600,000 for the Oklahoma City MAPS corridor
transit project;
$2,000,000 for the Orange County transitway
project;
$31,800,000 for the Orlando Lynx light rail
project;
$500,000 for the Pennsylvania Strawberry Hill/
Diamond Branch rail project;
$4,000,000 for the Phoenix metropolitan area
transit project;
$5,000,000 for the Pittsburgh airport busway
project;
$63,400,000 for the Portland-Westside/Hillsboro
project;
$2,000,000 for the Roaring Fork Valley rail
project;
$20,300,000 for the Sacramento LRT project;
$63,400,000 for the Salt Lake City South LRT
project;
$4,000,000 for the Salt Lake City regional commuter
system project;
$1,000,000 for the San Bernardino Metrolink
project;
$1,500,000 for the San Diego Mid-Coast corridor
project;
$29,900,000 for the San Francisco BART extension to
the airport project;
$15,000,000 for the San Juan Tren Urbano;
$21,400,000 for the San Jose Tasman LRT project;
$18,000,000 for the Seattle-Tacoma light rail and
commuter rail projects;
$30,000,000 for the St. Louis-St. Clair LRT
extension project;
$2,500,000 for the St. George Ferry terminal
project;
$500,000 for the Springfield-Branson, Missouri
commuter rail project;
$1,000,000 for the Tampa Bay regional rail project;
$2,000,000 for the Tidewater, Virginia rail
project;
$1,000,000 for the Toledo, Ohio rail project;
$12,000,000 for the Twin Cities transitways
projects;
$2,000,000 for the Virginia Rail Express
Fredericksburg to Washington commuter rail project;
$2,500,000 for the Whitehall ferry terminal
project; and
$3,000,000 for the Wisconsin central commuter rail
project.
Mass Transit Capital Fund
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49
U.S.C. 5338(b) administered by the Federal Transit
Administration, $2,350,000,000, to be derived from the Highway
Trust Fund and to remain available until expended.
Washington Metropolitan Area Transit Authority
For necessary expenses to carry out the provisions of
section 14 of Public Law 96-184 and Public Law 101-551,
$200,000,000, to remain available until expended.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation, and
in accord with law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation's budget for the current fiscal year.
Operations and Maintenance
(harbor maintenance trust fund)
For necessary expenses for operation and maintenance of
those portions of the Saint Lawrence Seaway operated and
maintained by the Saint Lawrence Seaway Development
Corporation, including the Great Lakes Pilotage functions
delegated by the Secretary of Transportation, $11,200,000, to
be derived from the Harbor Maintenance Trust Fund, pursuant to
Public Law 99-662.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
Research and Special Programs
For expenses necessary to discharge the functions of the
Research and Special Programs Administration, $28,450,000, of
which $574,000 shall be derived from the Pipeline Safety Fund,
and of which $4,950,000 shall remain available until September
30, 2000: Provided, That up to $1,200,000 in fees collected
under 49 U.S.C. 5108(g) shall be deposited in the general fund
of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available
until expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance
of hazardous materials exemptions and approvals functions.
Pipeline Safety
(pipeline safety fund)
(oilspill liability trust fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry outa
pipeline safety program, as authorized by 49 U.S.C. 60107, and to
discharge the pipeline program responsibilities of the Oil Pollution
Act of 1990, $31,300,000, of which $3,300,000 shall be derived from the
Oil Spill Liability Trust Fund and shall remain available until
September 30, 2000; and of which $28,000,000 shall be derived from the
Pipeline Safety Fund, of which $14,839,000 shall remain available until
September 30, 2000: Provided, That in addition to amounts made
available for the Pipeline Safety Fund, $1,100,000 shall be available
for grants to States for the development and establishment of one-call
notification systems and shall be derived from amounts previously
collected under 49 U.S.C. 60301, and that an additional $365,000 in
amounts previously collected under 49 U.S.C. 60301 is available to
conduct general functions of the pipeline safety program.
Emergency Preparedness Grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5127(c),
$200,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2000: Provided, That
none of the funds made available by 49 U.S.C. 5116(i) and
5127(d) shall be made available for obligation by individuals
other than the Secretary of Transportation, or his designee.
OFFICE OF INSPECTOR GENERAL
Salaries and Expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $42,000,000: Provided, That none of the funds
under this heading shall be for the conduct of contract audits.
SURFACE TRANSPORTATION BOARD
Salaries and Expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $13,853,000:
Provided, That $2,000,000 in fees collected in fiscal year 1998
by the Surface Transportation Board pursuant to 31 U.S.C. 9701
shall be made available to this appropriation in fiscal year
1998: Provided further, That any fees received in excess of
$2,000,000 in fiscal year 1998 shall remain available until
expended, but shall not be available for obligation until
October 1, 1998.
TITLE II
RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
Salaries and Expenses
For expenses necessary for the Architectural and
Transportation Barriers Compliance Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended,
$3,640,000: Provided, That, notwithstanding any other provision
of law, there may be credited to this appropriation funds
received for publications and training expenses.
NATIONAL TRANSPORTATION SAFETY BOARD
Salaries and Expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to
the rate for a GS-18; uniforms, or allowances therefor, as
authorized by law (5 U.S.C. 5901-5902) $48,371,000, of which
not to exceed $2,000 may be used for official reception and
representation expenses.
Emergency Fund
For necessary expenses of the National Transportation
Safety Board for accident investigations, including hire of
passenger motor vehicles and aircraft; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-18; uniforms,
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902), $1,000,000, to remain available until expended.
TITLE III
GENERAL PROVISIONS
(including transfers of funds)
Sec. 301. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries on
official department business; and uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 302. Such sums as may be necessary for fiscal year
1998 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or previous
appropriations Acts.
Sec. 303. Funds appropriated under this Act for
expenditures by the Federal Aviation Administration shall be
available (1) except as otherwise authorized by title VIII of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7701 et seq.) for expenses of primary and secondary schooling
for dependents of Federal Aviation Administration personnel
stationed outside the continental United States at costs for
any given area not in excess of those of the Department of
Defense for the same area, when it is determined by the
Secretary that the schools, if any, available in the locality
are unable to provide adequately for the education of such
dependents, and (2) for transportation of said dependents
between schools serving the area that they attend and their
places of residence when the Secretary, under such regulations
as may be prescribed, determines that such schools are not
accessible by public means of transportation on a regular
basis.
Sec. 304. Appropriations contained in this Act for the
Department of Transportation shall be available for services as
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 305. None of the funds in this Act shall be available
for salaries and expenses of more than one hundred seven
political and Presidential appointees in the Department of
Transportation: Provided, That none of the personnel covered by
this provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 306. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 307. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 308. The Secretary of Transportation may enter into
grants, cooperative agreements, and other transactions with any
person, agency, or instrumentality of the United States, any
unit of State or local government, any educational institution,
and any other entity in execution of the Technology
Reinvestment Project authorized under the Defense Conversion,
Reinvestment and Transition Assistance Act of 1992 and related
legislation: Provided, That the authority provided in this
section may be exercised without regard to section 3324 of
title 31, United States Code.
Sec. 309. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive Order issued pursuant to existing law.
Sec. 310. (a) For fiscal year 1998 the Secretary of
Transportation shall distribute the obligation limitation for
Federal-aid highways by allocation in the ratio which sums
authorized to be appropriated for Federal-aid highways that are
apportioned or allocated to each State for such fiscal year
bear to the total of the sums authorized to be appropriated for
Federal-aid highways that are apportioned or allocated to all
the States for such fiscal year.
(b) During the period October 1 through December 31, 1997,
no State shall obligate more than 25 per centum of the amount
distributed to such State under subsection (a), and the total
of all State obligations during such period shall not exceed 12
per centum of the total amount distributed to all States under
such subsection.
(c) Notwithstanding subsections (a) and (b), the Secretary
shall--
(1) provide all States with authority sufficient to
prevent lapses of sums authorized to be appropriated
for Federal-aid highways that have been apportioned to
a State;
(2) after August 1, 1998, revise a distribution of
the funds made available under subsection (a) if a
State will not obligate the amount distributed during
that fiscal year and redistribute sufficient amounts to
those States able to obligate amounts in addition to
those previously distributed during that fiscal year
giving priority to those States having large
unobligated balances of funds apportioned under
sections 103(e)(4), 104, 144, and 160 of title 23,
United States Code, and under sections 1013(c) and 1015
of Public Law 102-240; and
(3) not distribute amounts authorized for
administrative expenses and funded from the
administrative takedown authorized by section 104(a) of
title 23, United States Code, the Federal lands highway
program, the intelligent transportation systems
program, the Truman-Hobbs bridges funded under the
discretionary bridge program, and amounts made
available under sections 1040, 1047, 1064, 6001, 6005,
6006, 6023, and 6024 of Public Law 102-240, and 49
U.S.C. 5316, 5317, and 5338: Provided, That amounts
made available under section 6005 of Public Law 102-240
shall be subject to the obligation limitation for
Federal-aid highways and highway safety construction
programs under the head ``Federal-Aid Highways'' in
this Act.
(d) During the period October 1 through December 31, 1997,
the aggregate amount of obligations under section 157 of title
23, United States Code, for projects covered under section 147
of the Surface Transportation Assistance Act of 1978, section 9
of the Federal-Aid Highway Act of 1981, sections 131(b),
131(j), and 404 of Public Law 97-424, sections 1061, 1103-1108,
4008, 6023(b)(8), and 6023(b)(10) of Public Law 102-240, and
for projects authorized by Public Law 99-500 and Public Law
100-17, shall not exceed $277,431,840.
(e) Notwithstanding any other provision of law, none of the
funds in this Act shall be available for the distribution of
bonus limitation under the federal-aid highways program.
Sec. 311. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available
for obligation under the discretionary grants program.
Sec. 312. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 313. None of the funds in this Act shall be available
to plan, finalize, or implement regulations that would
establish a vessel traffic safety fairway less than five miles
wide between the Santa Barbara Traffic Separation Scheme and
the San Francisco Traffic Separation Scheme.
Sec. 314. Notwithstanding any other provision of law,
airports may transfer, without consideration, to the Federal
Aviation Administration (FAA) instrument landing systems (along
with associated approach lighting equipment and runway visual
range equipment) which conform to FAA design and performance
specifications, the purchase of which was assisted by a Federal
airport-aid program, airport development aid program or airport
improvement program grant. The FAA shall accept such equipment,
which shall thereafter be operated and maintained by the FAA in
accordance with agency criteria.
Sec. 315. None of the funds in this Act shall be available
to award a multiyear contract for production end items that (1)
includes economic order quantity or long lead time material
procurement in excess of $10,000,000 in any one year of the
contract or (2) includes a cancellation charge greater than
$10,000,000 which at the time of obligation has not been
appropriated to the limits of the Government's liability or (3)
includes a requirement that permits performance under the
contract during the second and subsequent years of the contract
without conditioning such performance upon the appropriation of
funds: Provided, That this limitation does not apply to a
contract in which the Federal Government incurs no financial
liability from not buying additional systems, subsystems, or
components beyond the basic contract requirements.
Sec. 316. For the purposes of funds made available under
the heading, Formula Grants, the term ``Capital Project''
includes a project for--
(A)(i) acquisition, construction, supervision, or
inspection of a facility or equipment, including
inspection thereof, for use in mass transportation; and
(ii) expenses incidental to the acquisition or
construction (including designing, engineering,
location survey, mapping, acquiring rights of way,
associated pre-revenue startup costs, and environmental
mitigation), payments for rail trackage rights,
Intelligent Transportation Systems, relocation
assistance, acquiring replacement housing sites, and
acquiring, constructing, relocating, and rehabilitating
replacement housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance; and
(F) financing the operating costs of equipment and
facilities used in mass transportation in urbanized
areas with a population of less than 200,000.
Sec. 317. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made
available by this Act under ``Federal Transit Administration,
Discretionary grants'' for projects specified in this Act or
identified in reports accompanying this Act not obligated by
September 30, 2000, shall be made available for other projects
under 49 U.S.C. 5309.
Sec. 318. Notwithstanding any other provision of law, any
funds appropriated before October 1, 1993, under any section of
chapter 53 of title 49, United States Code, that remain
available for expenditure may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 319. None of the funds in this Act may be used to
compensate in excess of 350 technical staff years under the
federally-funded research and development center contract
between the Federal Aviation Administration and the Center for
Advanced Aviation Systems Development during fiscal year 1998.
Sec. 320. Funds provided in this Act for the Transportation
Administrative Service Center (TASC) shall be reduced by
$3,000,000, which limits fiscal year 1998 TASC obligational
authority for elements of the Department of Transportation
funded in this Act to no more than $118,800,000: Provided, That
such reductions from the budget request shall be allocated by
the Department of Transportation to each appropriations account
in proportion to the amount included in each account for the
Transportation Administrative Service Center.
Sec. 321. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses
incurred for training may be credited respectively to the
Federal Highway Administration's ``Limitation on General
Operating Expenses'' account, the Federal Transit
Administration's ``Transit Planning and Research'' account, and
to the Federal Railroad Administration's ``Railroad Safety''
account, except for State rail safety inspectors participating
in training pursuant to 49 U.S.C. 20105.
Sec. 322. None of the funds in this Act shall be available
to prepare, propose, or promulgate any regulations pursuant to
title V of the Motor Vehicle Information andCost Savings Act
(49 U.S.C. 32901 et seq.) prescribing corporate average fuel economy
standards for automobiles, as defined in such title, in any model year
that differs from standards promulgated for such automobiles prior to
enactment of this section.
Sec. 323. None of the funds in this Act may be used for
planning, engineering, design, or construction of a sixth
runway at the Denver International Airport, Denver, Colorado:
Provided, That this provision shall not apply in any case where
the Administrator of the Federal Aviation Administration
determines, in writing, that safety conditions warrant
obligation of such funds: Provided further, That funds may be
used for activities related to planning or analysis of airport
noise issues related to the sixth runway project.
Sec. 324. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to 49 U.S.C.
111 may be credited to the Federal-aid highways account for the
purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall not be subject to the obligation
limitation for Federal-aid highways and highway safety
construction.
Sec. 325. None of the funds in this Act may be obligated or
expended for employee training which: (a) does not meet
identified needs for knowledge, skills and abilities bearing
directly upon the performance of official duties; (b) contains
elements likely to induce high levels of emotional response or
psychological stress in some participants; (c) does not require
prior employee notification of the content and methods to be
used in the training and written end of course evaluations; (d)
contains any methods or content associated with religious or
quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; (e) is offensive to, or
designed to change, participants' personal values or lifestyle
outside the workplace; or (f) includes content related to human
immunodeficiency virus/acquired immune deficiency syndrome
(HIV/AIDS) other than that necessary to make employees more
aware of the medical ramifications of HIV/AIDS and the
workplace rights of HIV-positive employees.
Sec. 326. None of the funds in this Act shall, in the
absence of express authorization by Congress, be used directly
or indirectly to pay for any personal service, advertisement,
telegram, telephone, letter, printed or written matter, or
other device, intended or designed to influence in any manner a
Member of Congress, to favor or oppose, by vote or otherwise,
any legislation or appropriation by Congress, whether before or
after the introduction of any bill or resolution proposing such
legislation or appropriation: Provided, That this shall not
prevent officers or employees of the Department of
Transportation or related agencies funded in this Act from
communicating to Members of Congress on the request of any
Member or to Congress, through the proper official channels,
requests for legislation or appropriations which they deem
necessary for the efficient conduct of the public business.
Sec. 327. None of the funds in this Act may be used to
support Federal Transit Administration's field operations and
oversight of the Washington Metropolitan Area Transit Authority
in any location other than from the Washington, D.C.
metropolitan area.
Sec. 328. Not to exceed $1,000,000 of the funds provided in
this Act for the Department of Transportation shall be
available for the necessary expenses of advisory committees.
Sec. 329. Notwithstanding any other provision of law, the
Secretary may use funds appropriated under this Act, or any
subsequent Act, to administer and implement the exemption
provisions of 49 CFR 580.6 and to adopt or amend exemptions
from the disclosure requirements of 49 CFR part 580 for any
class or category of vehicles that the Secretary deems
appropriate.
Sec. 330. No funds other than those appropriated to the
Surface Transportation Board or fees collected by the Board
shall be used for conducting the activities of the Board.
Sec. 331. (a) Compliance With Buy American Act.--None of
the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds the
entity will comply with the Buy American Act (41 U.S.C. 10a-
10c).
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and
products.--In the case of any equipment or product that
may be authorized to be purchased with financial
assistance provided using funds made available in this
Act, it is the sense of the Congress that entities
receiving the assistance should, in expending the
assistance, purchase only American-made equipment and
products to the greatest extent practicable.
(2) Notice to recipients of assistance.--In
providing financial assistance using funds made
available in this Act, the head of each Federal agency
shall provide to each recipient of the assistancea
notice describing the statement made in paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined
by a court or Federal agency that any person intentionally
affixed a label bearing a ``Made in America'' inscription, or
any inscription with the same meaning, to any product sold in
or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract
or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 332. Notwithstanding any other provision of law,
receipts, in amounts determined by the Secretary, collected
from users of fitness centers operated by or for the Department
of Transportation shall be available to support the operation
and maintenance of those facilities.
Sec. 333. None of the funds made available in this Act may
be used for improvements to the Miller Highway in New York
City, New York.
Sec. 334. None of the funds in this Act shall be available
to implement or enforce regulations that would result in the
withdrawal of a slot from an air carrier at O'Hare
International Airport under section 93.223 of title 14 of the
Code of Federal Regulations in excess of the total slots
withdrawn from that air carrier as of October 31, 1993 if such
additional slot is to be allocated to an air carrier or foreign
air carrier under section 93.217 of title 14 of the Code of
Federal Regulations.
Sec. 335. Notwithstanding any other provision of law, of
amounts made available under Federal Aviation Administration
``Operations'', the FAA shall provide personnel at Dutch
Harbor, Alaska to provide real-time weather and runway
observation and other such functions to help ensure the safety
of aviation operations.
Sec. 336. Notwithstanding 49 U.S.C. 41742, no essential air
service shall be provided to communities in the forty-eight
contiguous States that are located fewer than seventy highway
miles from the nearest large and medium hub airport, or that
require a rate of subsidy per passenger in excess of $200
unless such point is greater than two hundred and ten miles
from the nearest large or medium hub airport.
Sec. 337. (a) In General.--For purposes of the exception
set forth in section 29(a)(2) of the International Air
Transportation Competition Act of 1979 (Public Law 96-192; 94
Stat. 48), the term ``passenger capacity of 56 passengers or
less'' includes any aircraft, except aircraft exceeding gross
aircraft weight of 300,000 pounds, reconfigured to accommodate
56 or fewer passengers if the total number of passenger seats
installed on the aircraft does not exceed 56.
(b) Inclusion of Certain States in Exemption.--The first
sentence of section 29(c) of the International Air
Transportation Competition Act of 1979 (Public Law 96-192; 94
Stat. 48 et seq.) is amended by inserting ``Kansas, Alabama,
Mississippi,'' before ``and Texas''.
(c) Safety Assurance.--The Administrator of the Federal
Aviation Administration shall monitor the safety of flight
operations in the Dallas-Fort Worth metropolitan area and take
such actions as may be necessary to ensure safe aviation
operations. If the Administrator must restrict aviation
operations in the Dallas-Fort Worth area to ensure safety, the
Administrator shall notify the House and Senate Committees on
Appropriations as soon as possible that an unsafe airspace
management situation existed requiring the restrictions.
Sec. 338. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department from travel
management centers, charge card programs, the subleasing of
building space, and miscellaneous sources are to be credited to
appropriations of the Department and allocated to elements of
the Department using fair and equitable criteria and such funds
shall be available until December 31, 1998.
Sec. 339. Notwithstanding any other provision of law, the
Department of the Navy is directed to transfer the USNS EDENTON
(ATS-1), currently in Inactive Ship status, to the United
States Coast Guard.
Sec. 340. (a) Findings.--The Congress finds that--
(1) Congress has the authority under article I,
section 8 of the Constitution to regulate the air
commerce of the United States;
(2) section 47107 of title 49, United States Code,
prohibits the diversion of certain revenue generated by
a public airport as a condition of receiving a project
grant;
(3) a grant recipient that uses airport revenues
for purposes that are not airport related in a manner
inconsistent with chapter 471 of title 49, United
States Code, illegally diverts airport revenues;
(4) illegal diversion of airport revenues
undermines the interest of the United States in
promoting a strong national air transportation system;
(5) the policy of the United States that airports
should be as self-sustaining as possible and that
revenues generated at airports should not be
divertedfrom airport purposes was stated by Congress in 1982 and
reaffirmed and strengthened in 1987, 1994, and 1996;
(6) certain airports are constructed on lands that
may have belonged, at one time, to native Americans,
native Hawaiians, or Alaskan natives;
(7) contrary to the prohibition against diverting
airport revenues from airport purposes under section
47107 of title 49, United States Code, certain payments
from airport revenues may have been made for the
betterment of native Americans, native Hawaiians, or
Alaskan natives based upon the claims related to lands
ceded to the United States;
(8) Federal law prohibits diversions of airport
revenues obtained from any source whatsoever to occur
in the future whether related to claims for periods of
time prior to or after the date of enactment of this
Act; and
(9) because of the special circumstances
surrounding such past diversions of airport revenues
for the betterment of native Americans, native
Hawaiians, or Alaskan natives, it is in the national
interest that amounts from airport revenues previously
received by any entity for the betterment of native
Americans, native Hawaiians, or Alaskan natives, as
specified in subsection (b) of this section, should not
be subject to repayment.
(b) Termination of Repayment Responsibility.--
Notwithstanding the provisions of 47107 of title 49, United
States Code, or any other provision of law, monies paid for
claims related to ceded lands and diverted from airport
revenues and received prior to April 1, 1996, by any entity for
the betterment of native Americans, native Hawaiians, or
Alaskan natives, shall not be subject to repayment.
(c) Prohibition on Further Diversion.--There shall be no
further payment of airport revenues for claims related to ceded
lands, whether characterized as operating expenses, rent, or
otherwise, and whether related to claims for periods of time
prior to or after the date of enactment of this Act.
(d) Clarification.--Nothing in this Act shall be construed
to affect any existing federal statutes, enactments, or trust
obligations created thereunder, or any statute of the several
States that define the obligations of such States to native
Hawaiians, native Americans, or Alaskan Natives in connection
with ceded lands, except to make clear that airport revenues
may not be used to satisfy such obligations.
Sec. 341. Limitation on Funds Used To Enforce Regulations
Regarding Animal Fats and Vegetable Oils.--None of the funds
made available in this Act may be used by the Coast Guard to
issue, implement, or enforce a regulation or to establish an
interpretation or guideline under the Edible Oil Regulatory
Reform Act (Public Law 104-55), or the amendments made by that
Act, that does not recognize and provide for, with respect to
fats, oils, and greases (as described in that Act, or the
amendments made by that Act) differences in--
(1) physical, chemical, biological, and other
relevant properties; and
(2) environmental effects.
Sec. 342. Notwithstanding the provisions of any other law,
rule or regulation, the Secretary of Transportation is
authorized to allow the issuer of any preferred stock
heretofore sold to the Department to redeem or repurchase such
stock upon the payment to the Department of an amount
determined by the Secretary.
Sec. 343. Subsection (d)(4) of 49 U.S.C. 31112 is amended
by striking ``September 30, 1997'' and inserting ``February 28,
1998''.
Sec. 344. None of the funds in this Act shall be used to
enforce against air carriers, conducting operations under part
135 of the Federal Aviation Administration (FAA) regulations
(14 C.F.R. 135.1 et seq.) that are not scheduled operations (as
defined in 14 C.F.R. 119.3), the requirement in section
44936(f)(1) of title 49 that records be checked before hiring
an individual as a pilot, until the FAA determines, in writing
that it can furnish to such air carriers the requested records
within 30 days, as required by section 44936(f)(5) of title 49.
If the Administrator cannot make the determination, in writing,
within 150 days after enactment of this Act, then the
Administrator shall report to the Committees on Appropriations,
the Senate Committee on Commerce, Science, and Transportation,
and the House Committee on Transportation and Infrastructure,
the reasons why the determination cannot be made.
Sec. 345. Exemption Authority for Air Service To Slot-
Controlled Airports.--Section 41714 of title 49, United States
Code, is amended by adding at the end thereof the following:
``(i) Expeditious Consideration of Certain Exemption
Requests.--Within 120 days after receiving an application for
an exemption under subsection (a)(2) to improve air service
between a nonhub airport (as defined in section 41731(a)(4))
and a high density airport subject to the exemption authority
under subsection (a), the Secretary shall grant or deny the
exemption. The Secretaryshall notify the Senate Committee on
Commerce, Science, and Transportation and the House Committee on
Transportation and Infrastructure of the grant or denial within 14
calendar days after the determination and state the reasons for the
determination.''.
Sec. 346. (a) As soon as practicable after the date of
enactment of this Act, the Secretary of Transportation, acting
for the Department of Transportation, may take receipt of such
equipment and sites of the Ground Wave Emergency Network
(referred to in this section as ``GWEN'') as the Secretary of
Transportation determines to be necessary for the establishment
of a nationwide system to be known as the ``Nationwide
Differential Global Positioning System'' (referred to in this
section as ``NDGPS'').
(b) As soon as practicable after the date of enactment of
this Act, the Secretary of Transportation may establish the
NDGPS. In establishing the NDGPS, the Secretary of
Transportation may--
(1) if feasible, reuse GWEN equipment and sites
transferred to the Department of Transportation under
subsection (a);
(2) to the maximum extent practicable, use
contractor services to install the NDGPS;
(3) modify the positioning system operated by the
Coast Guard at the time of the establishment of the
NDGPS to integrate the reference stations made
available pursuant to subsection (a);
(4) in cooperation with the Secretary of Commerce,
ensure that the reference stations referred to in
paragraph (3) are compatible with, and integrated into,
the Continuously Operating Reference Station (commonly
referred to as ``CORS'') system of the National
Geodetic Survey of the Department of Commerce; and
(5) in cooperation with the Secretary of Commerce,
investigate the use of the NDGPS reference stations for
the Global Positioning System Integrated Precipitable
Water Vapor System of the National Oceanic and
Atmospheric Administration.
(c) The Secretary of Transportation may--
(1) manage and operate the NDGPS;
(2) ensure that the service of the NDGPS is
provided without the assessment of any user fee; and
(3) in cooperation with the Secretary of Defense,
ensure that the use of the NDGPS is denied to any enemy
of the United States.
(d) In any case in which the Secretary of Transportation
determines that contracting for the maintenance of 1 or more
NDGPS reference stations is cost-effective, the Secretary of
Transportation may enter into a contract to provide for that
maintenance.
(e) The Secretary of Transportation may--
(1) in cooperation with appropriate representatives
of private industries and universities and officials of
State governments--
(A) investigate improvements (including
potential improvements) to the NDGPS;
(B) develop standards for the NDGPS; and
(C) sponsor the development of new
applications for the NDGPS; and
(2) provide for the continual upgrading of the
NDGPS to improve performance and address the needs of--
(A) the Federal Government;
(B) State and local governments; and
(C) the general public.
Sec. 347. The Secretary of Transportation is authorized to
transfer funds appropriated to the Coast Guard in Public Law
102-368 in order to pay rent assessments by the General
Services Administration related to prior year space needs of
the Department: Provided, That prior to any such transfer,
notification shall be provided to the House and Senate
Committees on Appropriations.
Sec. 348. (a) Subsection (b) of section 642 of the Treasury
and General Government Appropriations Act, 1998 is amended by
inserting ``other than a Member of Congress,'' after ``Code,''.
(b) Paragraph (1) of section 642(c) of such Act is amended
by striking ``(1)(A) subject to subparagraph (B),'' and
inserting ``(1)'' and by striking ``December 31, 1998'' and all
that follows through the end and inserting ``December 31,
1998;''.
This Act may be cited as the ``Department of Transportation
and Related Agencies Appropriations Act, 1998''.
And the Senate agree to the same.
Frank R. Wolf,
Tom DeLay,
Ralph Regula,
Harold Rogers,
Ron Packard,
Sonny Callahan
Todd Tiahrt,
Robert B. Aderholt,
Bob Livingston,
Martin Olav Sabo,
Thomas M. Foglietta,
Esteban Edward Torres,
John W. Olver,
Ed Pastor,
David R. Obey,
Managers on the Part of the House.
Richard C. Shelby,
Pete V. Domenici,
Arlen Specter,
Christopher S. Bond,
Slade Gorton,
Robert F. Bennett,
Lauch Faircloth,
Ted Stevens,
Frank R. Lautenberg,
Robert C. Byrd,
Barbara A. Mikulski,
Harry Reid,
Herb Kohl,
Patty Murray,
Daniel K. Inouye,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2169) making
appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 1998, and for
other purposes, submit the following joint statement to the
House of Representatives and the Senate in explanation of the
effect of the action agreed upon by the managers and
recommended in the accompanying conference report.
The Senate deleted the entire House bill after the
enacting clause and inserted the Senate bill. The conference
agreement includes a revised bill.
CONGRESSIONAL DIRECTIVES
The conferees agree that Executive Branch propensities
cannot substitute for Congress' own statements concerning the
best evidence of Congressional intentions; that is, the
official reports of the Congress. Report language included by
the House (House Report 105-188) or the Senate (Senate Report
105-55 accompanying the companion measure S. 1048) that is not
changed by the conference is approved by the committee of
conference. The statement of the managers, while repeating some
report language for emphasis, is not intended to negate the
language referred to above unless expressly provided herein.
PROGRAM, PROJECT AND ACTIVITY
During fiscal year 1998, for the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), as amended, with respect to funds provided for the
Department of Transportation and related agencies, the terms
``program, project and activity'' shall mean any item for which
a dollar amount is contained in an appropriations Act
(including joint resolutions providing continuing
appropriations) or accompanying reports of the House and Senate
Committees on Appropriations, or accompanying conference
reports and joint explanatory statements of the committee of
conference. In addition, the reductions made pursuant to any
sequestration order to funds appropriated for ``Federal
Aviation Administration, Facilities and equipment'' and for
``Coast Guard, Acquisition, construction, and improvements''
shall be applied equally to each ``budget item'' that is listed
under said accounts in the budget justifications submitted to
the House and Senate Committees on Appropriations as modified
by subsequent appropriations Acts and accompanying committee
reports, conference reports, or joint explanatory statements of
the committee of conference. The conferees recognize that
adjustments to the above allocations may be required due to
changing program requirements or priorities. The conferees
expect any such adjustment, if required, to be accomplished
only through the normal reprogramming process.
STAFFING INCREASES PROVIDED BY CONGRESS
The conferees direct the Department of Transportation to
fill expeditiously any positions added in this bill, without
regard to agency-specific staffing targets which may have been
previously established to meet the mandated government-wide
staffing reductions. The conferees support the overall staffing
reductions, and have made reductions in the bill which more
than offset staffing increases provided for a small number of
specific activities.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
The conference agreement provides $61,000,000 for
salaries and expenses of the office of the secretary, instead
of $60,009,000 as proposed by the House and $66,703,000 as
proposed by the Senate.
The conference agreement deletes language proposed by the
Senate that provides not to exceed $10,567,000 for rental of
headquarters space, related services assessed by the General
Services Administration, and for department-wide facility
security enhancements. Sufficient funds are included within the
appropriation to cover the office of the secretary's costs
associated with the rental of headquarters space and related
services assessed by the General Services Administration.
The conference agreement deletes bill language proposed
by the House that would limit to $606,000 funds made available
to the office of acquisition and grants management, solely for
department-wide grants management activities.
The conference agreement includes the following changes
to the budget request for this office:
Reductions in staff:
-5 Attorney advisors...................................... -400,000
-2 Congressional liaison officers......................... -150,000
-2 Intergovernmental liaison officers..................... -150,000
-3 Office of public affairs............................... -175,000
-3 Office of administration............................... -125,000
-1 Office of intermodalism................................ -100,000
Office of the chief information officer....................... -225,000
Fitness reviews of airlines, +3 FTE........................... +180,000
OFFICE OF CIVIL RIGHTS
The conference agreement provides $5,574,000 for the
office of civil rights, as proposed by both the House and
Senate.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
The conference agreement provides $4,400,000, as proposed
by both the House and the Senate. Within the funds provided,
$300,000 is included to conduct a national capital region
congestion mitigation study and to hold a summit; $100,000 is
included to develop with the Department of Agriculture, the
private sector and the transportation industry a comprehensive
strategy to distribute excess food and commodities from fields
and warehouses to food banks and other public and non-profit
organizations that assist the poor; and sufficient funds are
included for transportation planning assistance for the 2002
Winter Olympics in Salt Lake City and for a multimodal
transportation study for Albuquerque and Santa Fe, New Mexico.
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER
The conference agreement includes a limitation on
activities financed through the transportation administrative
service center at $121,800,000, as proposed by the House.
Language is included in the conference agreement that
stipulates that the limitation shall not apply to non-DOT
entities and that services provided by the transportation
administrative service center to entities within the department
shall be provided on a competitive basis. In addition, the
conference agreement includes two language provisions, as
proposed by the House. The first provision limits activities
transferred to the transportation administrative service center
to only those approved by the agency modal administrator; the
second limits special assessments or reimbursable agreements
levied against any program, project, or activity funded in this
Act to only those assessments or reimbursable agreements
presented to and approved by the House and Senate Committees on
Appropriations. The Senate bill contained no similar
provisions.
The conferees reiterate that the department shall submit
with the department's Congressional budget submission an
approved annual operating plan of the transportation
administrative service center and quarterly reports for the
Committees' review. Quarterly reports and approvals of the
Secretary's management council shall also be provided to the
Committees in a timely manner.
The conferees direct the Office of Inspector General to
undertake a study that evaluates the utility and cost
effectiveness of the transportation administrative service
center both to the individual modes and the department
generally; whether the transportation administrative service
center provides quality services responsive to customer needs
at a competitive price; and whether the Federal Aviation
Administration's franchise fund duplicates or reduces the cost
effectiveness of a department-wide service center. The
conferees direct that this report be provided to the House and
Senate Committees on Appropriations not later than April 1,
1998.
PAYMENTS TO AIR CARRIERS
(RESCISSION OF CONTRACT AUTHORIZATION)
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement rescinds $38,600,000 in contract
authority which was provided in previous authorizing Acts, as
proposed by the Senate. The House bill contained no similar
rescission.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
The conference agreement includes a limitation on direct
loans of $15,000,000 and provides subsidy and administrative
costs totaling $1,900,000, as proposed by both the House and
Senate.
MINORITY BUSINESS OUTREACH
The conference agreement provides $2,900,000 for minority
business outreach activities, as proposed by both the House and
Senate.
Coast Guard
Operating Expenses
The conference agreement provides $2,715,400,000 for
Coast Guard operating expenses instead of $2,708,000,000 as
proposed by the House and $2,435,400,000 as proposed by the
Senate. In addition, the Senate-passed Department of Defense
Appropriations Bill, 1998 included $300,000,000 for national
security activities of the Coast Guard. The House bill included
similar funding within the overall total provided in this bill.
The agreement limits Coast Guard aircraft to 212, as
proposed by the House, instead of 221 as proposed by the
Senate.
The agreement includes House provisions prohibiting the
obligation of $34,300,000 budgeted for Coast Guard drug
interdiction activities until the Director, Office of National
Drug Control Policy (ONDCP) reviews such activities and
provides a specific certification to the Congress regarding the
merit of such activities. The bill also allows the Director,
ONDCP to transfer all or part of these funds to other federal
entities for other drug interdiction activities.
The following table compares the House and Senate bills
and the conference agreement for items in conference:
Ballast water management program.--The conferees agree
that, within the total amount provided, $1,995,000 is to
implement the nationwide ballast water management program, as
proposed by the House.
Governor's Island caretaker status.--The conference
agreement provides $6,000,000 for Coast Guard maintenance of
Governor's Island in a ``caretaker'' status pending transfer to
the General Services Administration. This is a reduction of
$2,300,000 from the budget estimate. The Coast Guard has
indicated that Governor's Island can be adequately maintained
until such transfer during fiscal year 1998 at this funding
level; however, if costs are higher than currently expected,
the Coast Guard should advise the Congress as soon as possible.
The conferees do not expect to support Coast Guard funding for
caretaker expenses in fiscal year 1999, since such funding
would be beyond the normal responsibility of federal agencies
under existing regulations.
Sand Island Bridge, Honolulu, HI.--The conferees direct
the Coast Guard to conduct a study, using operating funds, to
determine the eligibility of the Sand Island Bridge in Honolulu
Harbor, Hawaii for funding under the ``Alteration of bridges''
program.
Acquisition, Construction, and Improvements
The conference agreement includes $397,850,000 for
acquisition, construction, and improvements instead of
$379,000,000 as proposed by the House and $412,300,000 as
proposed by the Senate. The bill allocates funds by budget
activity as follows:
Vessels, small boats, and related equipment.--
$212,100,000 instead of $191,650,000 as proposed by the House
and $214,700,000 as proposed by the Senate;
Aircraft and related programs.--$25,800,000 instead of
$33,900,000 as proposed by the House and $26,400,000 as
proposed by the Senate;
Other equipment.--$44,650,000 instead of $47,050,000 as
proposed by the House and $51,200,000 as proposed by the
Senate;
Shore facilities and aids to navigation facilities.--
$68,300,000 instead of $59,400,000 as proposed by the House and
$73,000,000 as proposed by the Senate.
The bill also allows up to $9,000,000 in offsetting
collections from asset sales to be credited to this
appropriation during fiscal year 1998, as proposed in both
bills, with technical language as proposed by the House and the
Senate.
The bill provides that the Secretary may enter into a
long-term agreement with the City of Unalaska in Alaska for
dedicated pier space on the municipal dock for Coast Guard
vessels, as proposed by the Senate.
A table showing the distribution of this appropriation by
project as included in the fiscal year 1998 budget estimate,
House bill, Senate bill, and the conference agreement follows:
Group/Station New Orleans.--The conferees agree to direct
that $3,000,000 of the funds provided for relocation of Group/
Station New Orleans is only to improve the condition of the
waterway adjoining the relocation site, as proposed by the
House.
Ground wave emergency network (GWEN)/DGPS.--The
conference agreement includes $2,400,000 to initiate the
establishment of a nationwide differential global positioning
system (DGPS) utilizing decommissioned United States Air Force
ground wave emergency network (GWEN) sites and equipment. The
Coast Guard and Federal Railroad Administration have
successfully converted a demonstration GWEN site into a Coast
Guard-operated precision DGPS. The funds provided to the Coast
Guard shall be used for site, tower, and antenna acquisition,
equipment, construction, and other hardware and software costs
related to the expansion of the Coast Guard's current DGPS
coverage to a ground-based nationwide system. These increased
mapping and locator capabilities will have far-reaching
applications in the areas of positive train control,
intelligent transportation systems, search and rescue, fire
fighting, precision farming, and other public safety missions.
Hampton, Long Island seasonal search and rescue
facility.--The conferees agree that the Department of Defense
and the Coast Guard should sign a memorandum of agreement
providing for a seasonal search and rescue capability operating
out of the Air National Guard facility at the Francis S.
Gabreski Airport in Hampton, Long Island for the period April
15 to October 15, 1998. However, the conferees agree that this
activity should result in no additional costs being borne by
the Department of Defense or the Air National Guard, and is
approved at this time for one year only.
Environmental Compliance and restoration
The conference agreement includes $21,000,000 for
environmental compliance, as proposed by both the House and the
Senate.
Alteration of Bridges
The conference agreement includes $17,000,000 for the
alteration of bridges program instead of $16,000,000 as
proposed by the House and $26,000,000 as proposed by the
Senate. The following table compares the conference agreement
by project to the levels proposed by the House and Senate:
----------------------------------------------------------------------------------------------------------------
Conference
Bridge and location House bill Senate bill agreement
----------------------------------------------------------------------------------------------------------------
New Orleans, LA, Florida Avenue RR/HW Bridge........... $7,000,000 $3,000,000 $7,000,000
Brunswick, GA, Sidney Lanier HW Bridge................. 9,000,000 18,000,000 10,000,000
Honolulu, HI, Sand Island Road Tunnel.................. 0 5,000,000 0
--------------------------------------------------------
Total............................................ 16,000,000 26,000,000 17,000,000
----------------------------------------------------------------------------------------------------------------
Retired Pay
The conference agreement includes $653,196,000 for Coast
Guard retired pay as proposed by the Senate instead of
$645,696,000 as proposed by the House. This is scored as a
mandatory appropriation in the Congressional budget process.
reserve training
(including transfer of funds)
The conference agreement includes $67,000,000 for reserve
training as proposed by the House instead of $65,535,000 as
proposed by the Senate. The conferees agree with the direction
of the House that, of the increase provided, $1,000,000 is for
additional recruiting activities. The conference agreement also
includes a provision proposed by the House which limits to
$20,000,000 the amount of this appropriation which may be
transferred to Coast Guard ``Operating expenses'' or otherwise
used to reimburse the active duty Coast Guard for its support
of the reserves.
research, development, test and evaluation
The conference agreement includes $19,000,000 for Coast
Guard research, development, test and evaluation as proposed by
the House instead of $20,000,000 as proposed by the Senate. The
conferees agree that the additional work proposed by the Senate
to improve ballast water management practices can be
accommodated within the $1,995,000 allocated in Coast Guard
``Operating expenses'' for this activity.
boat safety
(aquatic resources trust fund)
The conference agreement includes $35,000,000 for boat
safety, as proposed by both the House and the Senate.
Federal Aviation Administration
operations
The conference agreement includes $5,301,934,000 for
operating expenses of the Federal Aviation Administration
instead of $5,300,000,000 as proposed by the House and
$5,325,900,000 as proposed by the Senate. The bill also
provides that these funds are in addition to amounts made
available as a mandatory appropriation of user fees in the
Federal Aviation Administration Reauthorization Act of 1996
(Public Law 104-264). These mandatory appropriations are
estimated to add $50,000,000 to the FAA's operating budget for
fiscal year 1998, providing a total budgetary increase of
$451,934,000 (9.2 percent) over fiscal year 1997. Of the total
amount provided, $1,901,628,000 shall be derived from the
airport and airway trust fund as proposed by the Senate instead
of $1,880,000,000 as proposed by the House. The balance of this
appropriation is drawn from the general fund.
The bill includes a provision proposed by the House which
prohibits funds from planning, finalizing, or implementing any
regulation to impose new aviation user fees not specifically
authorized by law after the date of enactment of this Act. Both
the House and Senate Committees on Appropriations expressed
very serious concerns this year with FAA's recent aviation user
fee proposals on both technical and policy-related grounds. The
recent bipartisan budget agreement authorizes aviation excise
taxes for the foreseeable future which provide sufficient
revenues to finance the FAA's activities without additional
user fees. The significant increases in this bill for FAA's
budget prove that Congress can provide adequately for the
agency without augmenting appropriations with user fees.
The conferees are aware of FAA's opinion that the agency
has the legal authority to establish new user fees under the
generic authority provided in the User Fee Statute, and do not
wish to see FAA circumvent the legislative process and avoid
the normal cost controls which apply to other federal agencies
through the administrative implementation of new user fees. The
conferees emphasize, however, that this provision does not
prevent the FAA from implementing new user fees. It only
provides that such fees must be specifically authorized by the
Congress.
The bill includes no limitation on the number of
passenger motor vehicles which may be leased or purchased by
the FAA, as proposed by the Senate. The House had proposed a
limitation of four vehicles.
The bill allocates up to $5,000 for activities of the
``Aircraft purchase loan guarantee program'', as proposed by
the Senate. The House bill contained no similar allocation.
The following table compares the conference agreement to
the levels proposed in the House and Senate bills by budget
activity:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Total appropriation.................................... $5,350,000,000 $5,375,900,000 $5,351,934,000
(Appropriation in this bill)....................... (5,300,000,000) (5,325,900,000) (5,301,934,000)
(Mandatory user fees).............................. (50,000,000) (50,000,000) (50,000,000)
----------------------------------------------------------------------------------------------------------------
Mid-America Aviation Resource Consortium (MARC).--The
conference agreement includes $1,700,000, as requested in the
budget, to continue the agency's commitment to the Mid-America
Aviation Resource Consortium (MARC) in Minnesota. The conferees
believe that MARC provides cost-effective services to the FAA's
air traffic controller training program, and does not compete
with training services provided by the Mike Monroney
Aeronautical Center in Oklahoma City.
Leased telecommunications.--The conferees agree that the
reduction of $5,000,000 in leased telecommunications is based
on the concern cited in the Senate report.
Cherry Capital Airport study.--The conferees agree with
the direction of the House that the General Accounting Office
should conduct a review of FAA's critical value studies on the
Cherry Capital Airport in Michigan.
WINGS.--The conferees direct that no funds may be used in
fiscal year 1998 to develop the proposed new personnel and
payroll system known as WINGS.
Contract towers.--The conferees direct the FAA to study
air traffic in New Bern and Hickory, North Carolina and
Salisbury/Wicomico County Airport in Maryland and open contract
towers at those airports in fiscal year 1998 if those studies
show such airports: (a) meet existing benefit-cost criteria; or
(b) are justified after consideration of cost-sharing
agreements with non-federal parties. This modifies the Senate's
proposal, which would have also directed establishment of a
contract tower at these locations if the FAA projected that the
airport might meet benefit-cost criteria within the next two
years.
Regulations on the operation of lighter than air
vehicles.--The conferees recognize the increasing popularity of
hot air ballooning as a spectator and aviation sport.
Currently, hot air balloons, also known as lighter than air
(LTA) vehicles, are restricted by 14 CFR 91.119, the federal
aviation regulation on minimum safe altitude requirement which
normally applies to fixed wing aircraft. Understanding the vast
differences between LTA and fixed wing aircraft, the conferees
question the feasibility of requiring pilots of hot air
balloons to comply with 14 CFR 91.119. The FAA currently
exempts helicopters from this provision, and usually waives
this regulation for hot air balloon rallies. The conferees
encourage the FAA to examine this safety concern for
balloonists and report back to the House and Senate Committees
on Appropriations on the feasibility of exempting hot air
balloons from this provision.
Electromagnetic hazards on commercial aircraft.--The
conferees recognize the national need to examine the safety of
commercial aircraft from electromagnetic interference.
Currently, there is no independent organization that has the
requisite resources such as aircraft, test facilities, and
expertise that can function to provide science-based technical
guidance for government and industry. The Department of
Energy's Sandia National Laboratory and Army Test and
Evaluation Command Directorate of Applied Technology Test and
Simulation have the resources and ongoing programs that can
provide science-based electromagnetic analysis and testing
services for evaluation of aircraft safety issues due to the
use of portable electric devices on board or other off-board
electromagnetic sources such as high power radars and newer
communication transmitters. The conferees encourage the FAA to
examine the resources that exist within these organizations in
order to begin addressing this issue.
General Provisions
Wright Amendment.--The conferees have included the
provision recommended by the Senate clarifying the meaning of
section 29(a)(2) of the International Air Transportation
Competition Act of 1979 regarding air transportation provided
by commuter airlines operating aircraft with a passenger
capacity of 56 passengers or less. The conferees do not adopt
the Senate bill and report language relating to the Dallas City
Council, and the discussions in the Senate report regarding
regional jets. In addition, the conferees have added bill
language including additional states to be covered under
section 29(c) of the International Air Transportation
Competition Act of 1979.
The conferees are concerned about the safety of flight
operations in U.S. airspace, and have included language
directing the FAA Administrator to ensure that aviation
operations in the Dallas-Fort Worth metropolitan area are, and
will remain, safe. In addition, the language directs the FAA
Administrator to notify the House and Senate Committees on
Appropriations and the Senate Committee on Commerce, Science,
and Transportation of any restrictions on operations the
Administrator directs to ensure safety. Further, the
Administrator shall report to the House and Senate Committees
on Appropriations and the Senate Committee on Commerce,
Science, and Transportation within 45 days of enactment of this
Act outlining any additional equipment or air traffic control
support necessary to enhance traffic flow, airspace management,
and safety in the Dallas-Fort Worth metropolitan area.
Upon a 25 percent increase in total flight operations
from the levels existing as of the date of enactment of this
Act at either Dallas Love Field or Dallas-Fort Worth
International Airport, the Administrator of the Federal
Aviation Administration shall initiate a review of air traffic
management within the Dallas-Fort Worth metroplex and report to
the House and Senate Committees on Appropriations and the
Senate Committee on Commerce, Science, and Transportation
within 180 days. This review shall include an analysis of
congestion and delays in the metroplex airspace, the impact on
Love Field or Dallas-Fort Worth International Airport, and air
traffic management constraints in the region. Upon a 50 percent
increase in total flight operations from the levels existing on
the date of enactment of this Act at either of the airports
mentioned in this section, the Administrator shall report to
the House and Senate Committees on Appropriations and the
Senate Committee on Commerce, Science, and Transportation
within 30 days describing what actions, if any, are recommended
to ensure the efficient and safe operation of Dallas-Fort Worth
metroplex airspace.
facilities and equipment
(airport and airway trust fund)
The conference agreement provides $1,875,477,000 for
facilities and equipment instead of $1,875,000,000 as proposed
by the House and $1,889,004,883 as proposed by the Senate. The
bill provides that funds for programs in budget activities one
through four have an obligational availability of three years
and funds for programs in budget activity five are available
for two years, as proposed by the House and Senate. The total
appropriation is derived from the airport and airway trust
fund.
The following table provides a breakdown of the House and
Senate bills and the conference agreement by program:
Funding responsibility for navigation and landing aids.--
The conferees agree with the direction of the House that the
FAA should not move forward on any proposal to shift funding
responsibility for navigation and landing aids from the FAA to
other parties without specific Congressional authorization.
Instrument landing systems--establishment.--The
conference agreement provides $3,000,000 for installation of
previously purchased instrument landing systems as requested in
the budget and proposed by the House, instead of $23,000,000 as
proposed by the Senate. The conferees agree not to direct these
funds be allocated to specific locations.
Assessments.--The conferees agree with the direction of
the House that the FAA is to discontinue the practice of
``assessing'' F&E projects for administrative costs unrelated
to the specific F&E program.
GPS wide area augmentation system.--The conferees agree
to provide $152,830,000 for continued development of the GPS
wide area augmentation system (WAAS), as proposed by the
Senate, instead of $114,000,000 as proposed by the House. All
funds are provided under budget activity one, as proposed by
the House, reflecting the developmental nature of this program.
The conferees are very concerned about the current status
of this important program, and that comprehensive and timely
planning--in concert with budget deliberations--is not being
conducted. In the last three years, this program has witnessed
changes in the prime contractor, the program manager, and the
program sponsor. Significant new requirements have been
announced by the FAA, the cost to complete has risen, and the
schedule has slipped. And all this has occured in a program
which has enjoyed the highest level of Congressional and
Executive Branch support for funding--and which has been held
up as an example of FAA's new acquisition management system.
The conferees are concerned that this critical program
not turn into another debacle like the advanced automation
system. Therefore, the conferees direct:
(a). That no more than 25 percent of fiscal year
1998 funds be obligated until the Secretary of
Transportation reports to the House and Senate
Committees on Appropriations regarding the status and
management of the program, including a funding profile
for all years of the program;
(b). That no more than 70 percent of fiscal year
1998 funds be obligated until April 1, 1998, unless the
Appropriations Committees provide approval prior to
that date;
(c). That the FAA administrator provide quarterly
reports to the Appropriations Committees on cost,
schedule, and technical performance status; and
(d). That the Comptroller General report to the
Appropriations Committees on the status of the program,
not later than March 1, 1998.
The conferees are uncertain of how FAA intends to provide
satellite communications capability for this program, and the
extent to which those costs are included in long range capital
budget plans. Therefore, the conferees request the Secretary of
Transportation to submit a report detailing the specific plans
in this regard, including a detailed funding profile and
schedule, by February 15, 1998.
The conference agreement provides funding sufficient for
this program to maintain its current schedule. As a result, the
conferees have deleted funds proposed by the Senate for
additional instrument landing systems and for tactical landing
systems. However, the conferees advise the FAA that a
reprogramming for these systems might be directed during fiscal
year 1998 if the FAA is unable to meet the tests above ensuring
timely obligation of fiscal year 1998 WAAS funding.
Potomac metroplex.--The conference agreement provides
$27,600,000 for construction of the Potomac metroplex, as
proposed by the House, instead of $2,600,000 as proposed by the
Senate. After many years of study, to the conferees' knowledge
the FAA has not identified any aircraft noise-related issues
attendant with the construction of this new facility. However,
should the FAA determine in the future that adverse noise
impacts might occur, the FAA is expected to advise the House
and Senate Appropriations Committees in a timely manner.
Terminal automation.--The conferees are alarmed to learn
that the FAA has internally reported a shortfall in the funding
needed to continue production of the DDM-2300 series monitors,
which are key elements in the architecture of the STARS
program. This could not only jeopardize the fixed price
contract, but also halt U.S. production of these monitors. The
conferees direct the FAA to report to the House and Senate
Committees on Appropriations by December 15, 1997 explaining
how the agency will locate the resources necessary to continue
to monitor production during fiscal year 1998.
Weather observing systems.--The conferees do not agree
with the House's direction requiring a competitive procurement
between AWOS and ASOS systems, but direct the FAA to perform a
cost-capability tradeoff study to determine the appropriateness
of procuring more AWOS units in fiscal year 1999. The
conference agreement includes $10,000,000 as proposed by the
Senate for the acquisition of additional ASOS systems.
ARTCC building improvements.--The conferees agree that,
of the funds provided for ``ARTCC building/plant
improvements'', $12,100,000 is for relocation of the Honolulu
center/radar approach control (CERAP), as proposed by the
Senate. The House recommended no funding for this facility.
Navigational and landing aids.--The conferees agree that,
within funds provided for ``Navigational and landing aids'',
the FAA should allocate $80,000 for an ODALS system at the
airport in Cordova, Alaska, and sufficient funding to develop
instrument approaches at the airport in Rutland, Vermont.
Terminal automated radar display and information
system.--The conferees encourage the FAA to give full
consideration to installing a terminal automated radar display
and information system (TARDIS) at Paine Field in Washington.
Tucson International Airport tower study.--The conferees
are concerned that the extension of the main runway at Tucson
International Airport has altered the line of sight of air
traffic controllers at this facility, and that the current
placement of the control tower does not allow the controllers
full visibility of the airfield. The conferees direct the FAA
to conduct a study to determine if the air traffic control
tower needs to be relocated to ensure the continued safety of
flight operations at this airport.
Research, Engineering, and Development
(Airport and Airway Trust Fund)
The conference agreement provides $199,183,000 for FAA
research, engineering, and development instead of $185,000,000
as proposed by the House and $214,250,000 as proposed by the
Senate.
The following table shows the distribution of funds in
the House and Senate bills and the conference agreement:
Runway incursion reduction.--The conferees agree that,
within the funds available, the FAA should pursue, as a high
priority, further development of the surface movement advisor
and the demonstration of low-cost ASDE technology.
Weather research.--The conferees provide $15,300,000 for
weather research as proposed by the House instead of $8,982,000
as proposed by the Senate. The FAA is directed not to reprogram
any of these funds to activities outside the weather research
program, as proposed by the House. Within the amount provided,
the FAA is to allocate funds as follows:
Center for Wind, Ice and Fog, New Hampshire............. $500,000
Project Socrates........................................ 3,000,000
National Center for Atmospheric Research (NCAR)......... 11,000,000
ATC/AF human factors.--The conferees agree that, of the
funds provided for ATC/AF human factors, $500,000 is available
only for additional research into assessment, evaluation, and
development of training methodologies related to the English
language proficiency problem.
Flight 2000.--The conference agreement includes bill
language prohibiting funds in this Act from implementing the
Flight 2000 demonstration program during fiscal year 1998.
While the conferees agree that this program may ultimately
prove to have merit, a great deal of financial and technical
planning, and justification before the Congress, still needs to
take place. The administration has not requested funds for this
effort in fiscal year 1998, and the conferees agree with the
House that funds should not be reprogrammed from other
important FAA activities to begin such a large program midway
through the year.
Aging aircraft.--Of the $21,540,000 provided for ``Aging
aircraft'', the conferees agree to the following allocations:
$3,000,000 for direct support of the Aging Aircraft
Nondestructive Inspection Validation Center; $1,000,000 for
aging aircraft-related activities at the Center for Aviation
Systems Reliability; $6,000,000 for the Airworthiness Assurance
Center of Excellence; $1,500,000 to conduct research at the
Center for Intelligent Aviation Technologies; and $4,400,000 to
further engine titanium component inspection.
Explosives and weapons detection.--The conferees agree
that, of the funds provided for ``Explosives and weapons
detection'', $1,250,000 is to continue to develop pulsed fast
neutron transmission spectroscopy technology, as specified in
the Senate report.
Explosive detection systems.--Consistent with the
administration's budget request for fiscal year 1998, the
conferees have not provided fiscal year 1998 funding for the
acquisition and deployment of explosive detection systems.
Since submission of the administration's fiscal year 1998
budget, the House and Senate Committees on Appropriations have
repeatedly impressed upon the department that the Congress is
open to a budget amendment on this issue. However, no amendment
requesting funds for these systems has been submitted. The
conferees reiterate a willingness to consider such funding in
future appropriations action, should funding be requested. The
conferees also note that acquisition of these systems is
eligible for funding, under the airport improvement program.
The conference agreement provides $1,700,000,000 for this
program, which is a substantial increase over fiscal year 1997.
Grants-in-Aid for Airports
(Liquidation of Contract Authorization)
(Airport and Airway Trust Fund)
The conference agreement includes a liquidating cash
appropriation of $1,600,000,000, as proposed by the House and
the Senate.
Obligation limitation.--The conferees agree to an
obligation limitation of $1,700,000,000 for the ``Grants-in-aid
for airports'' program, as proposed by both the House and the
Senate. The conferees also agree to the provision in the Senate
bill which limits funds for the military airport program and
the noise planning and mitigation program in order to provide
additional funds for capacity enhancements and safety projects.
Without this provision, there would be an imbalance between the
various components of this program, with safety, security,
small hubs, true discretionary, and capacity-enhancement funds
held at the fiscal year 1997 level while allowing huge
increases in two particular programs: the military airport set-
aside and the noise-mitigation set-aside (increases of 252
percent and 66 percent, respectively). While providing an
overall increase of 16 percent, the conference agreement
provides more consistent and fair increases for each of these
categories, as follows:
Percent
Noise mitigation.................................................. +39.4
Military airport program.......................................... +40.5
Capacity/safety/security/noise (CSSN)............................. +27.0
Remaining discretionary........................................... +27.0
Priority consideration.--The conferees agree that the FAA
should give priority consideration to grant applications for
the projects listed in the House or Senate reports, or in this
statement of the managers, in the categories of discretionary
grants for which they are eligible. If projects cited in these
reports which are eligible for fiscal year 1998 AIP funding are
not funded with funds in the remaining discretionary category,
the conferees expect that any projects funded within this
discretionary category will be:
(a). Projects for which FAA has issued letters of
intent (LOIs);
(b). Projects that will produce significant
aviation safety improvements;
(c). Projects otherwise necessary for
rehabilitation of airport infrastructure; or
(d). Projects with a positive net present value, as
determined by a benefit-cost analysis, for those
projects exceeding $5,000,000 in capacity discretionary
funding.
In addition to those airports listed in the House and
Senate reports, the conferees agree to the following:
Akron-Canton Regional Airport, North Canton, Ohio.--The
conferees urge the FAA to give priority consideration to
requests for discretionary funding for the extension of runway
1-19.
Rickenbacker International Airport, Columbus, Ohio.--The
conferees are pleased to note the significant progress made in
the transition of the former Rickenbacker Air Force Base to
Rickenbacker International Airport and foreign trade zone
number 138. The conferees encourage the FAA to give favorable
consideration to grant applications within available
discretionary programs that will support Rickenbacker's five
year capital improvement plan to address essential
infrastructure needs.
Montgomery County Airport, PA.--The conferees agree that
projects at this airport should receive priority consideration
by the FAA, except the conferees agree that the safety concerns
of residents adjacent to Wings Field should be addressed to
their satisfaction before grant funding is considered or
approved.
Waynesboro, Airport, MS.--The conferees direct the FAA to
give priority consideration to requests for discretionary
funding to support continuation of the airport's improvement
program, including earthwork and site preparation for a project
to lengthen and widen a runway and construct a parallel taxiway
and apron.
Brewton Municipal Airport, AL.--The conferees urge the
FAA to give priority consideration to needed safety
improvements at this joint military/civilian use airport.
Pueblo Airport, CO.--The conferees urge the FAA to give
priority consideration to projects to improve and expand the
Pueblo Airport in Colorado.
Philadelphia International Airport, PA.--The conferees
urge the FAA to give high priority to the installation of an
instrument landing system and precision runway monitor at
Philadelphia International Airport in line with support for
timely completion of a new runway at this facility. The
conferees note the consistent support for this new runway by
both FAA and the Congress. The schedule for installation of
navigational aids at Philadelphia by the FAA needs to coincide
with completion of the new runway, now scheduled to occur in
December 1999, to ensure the safe and efficient use of the
runway under instrument weather conditions.
Colorado Springs Airport, CO.--The conferees agree that
the FAA should give priority consideration to rehabilitation of
runway 17R/35L at Colorado Springs Airport instead of the
projects cited in the Senate report.
Moore County Airport, NC.--Enplanements at the Moore
County Airport, which serves the resort area of Pinehurst,
continue to increase and the airport is thus eager to embark on
the first phase of its four stage expansion plan. The airport
wishes to accelerate the requisite land acquisitions due to the
rapid growth of the area and the resultant appreciation of
local real estate values. The conferees urge the FAA to give
priority consideration to requests for discretionary funding
for these land purchases and for projects related to timely
safety and security improvements at the Moore County Airport.
Anchorage International Airport, AK.--The conferees have
provided language in the Senate report urging FAA to issue a
letter of intent to support planned improvements at Anchorage
International Airport. Instead, the conferees urge FAA to give
priority consideration for discretionary grants for surface
improvements at the airport to support a new air cargo
facility, to be developed with private funds, and for other
improvements planned to meet expected growth in passenger
traffic over the next twenty years.
Isbell Field Municipal Airport, AL.--The conferees are
pleased that, since 1993, the FAA has assisted the City of Fort
Payne, Alabama in its efforts to acquire the requisite land to
expand the Isbell Field Municipal Airport. The multiyear
funding requested by the City of Fort Payne would expand Isbell
Field and increase its capacity to meet the growing aviation
needs of De Kalb County. The conferees recognize the need for
land acquisition at this airport and urge the FAA to award
discretionary grants for the expanded runway project consistent
with existing evaluation criteria.
Clover Field Airport, TX.--The conferees are pleased to
note that, since 1989, the FAA has assisted local public
sponsors in their efforts to acquire Clover Field Airport, a
privately-owned, public use federal reliever airport near
Houston Hobby Airport in Texas. The FAA has helped fund Clover
Field's feasibility study, airport master plan, and
environmental assessment. The conferees consider this to be a
worthy project, recognizing that Clover Field has served the
region for over fifty years, and noting that the FAA has also
recognized its importance by choosing it as the site for the
recently commissioned doppler weather radar system and by
making it one of the few general aviation facilities with a GPS
weather station. Therefore, if the public sponsors complete
their due diligence in fiscal year 1998, the conferees
encourage the FAA to provide the needed funding to them for the
final acquisition of Clover Field Airport.
San Diego International Airport, CA.--As a result of
noise litigation, in 1993 the San Diego Unified Port District
made a commitment to the community surrounding the San Diego
International Airport to complete a school sound attenuation
program. Of the five schools in the program, only one--Point
Loma High School--remains to be sound attenuated. The conferees
encourage FAA to give priority consideration to requests for
discretionary funding to expedite and complete this program.
Ogden-Hinckley International Airport, UT.--The conferees
are concerned about the adequacy of security provided for the
Ogden-Hinckley Airport, not just the immediate area around the
terminal. While security fencing of the terminal area might
address the security needs of the airport in its existing role,
the fencing may be inadequate for the 2002 Winter Olympics or
for anticipated growth. The conferees are concerned about the
vulnerability to intrusion of the taxiways, hangers, tie-downs,
the heli-pad, the deicing area, and other facilities outside
the 650 feet of fencing immediately adjacent to the terminal.
Accordingly, the conferees urge the administrator to give
priority consideration to construction of fencing which meets
section 107 security mandates around the entire perimeter of
the airport, to include Olympics-related security needs. In
evaluating security needs related to the Olympics, the
administrator should confer with local and federal law
enforcement agencies.
Westmoreland County Airport, PA.--The conferees are aware
of the need for funding for the second phase of the expansion
of the terminal at the Westmoreland County Airport. This
project, when completed, will include more efficient passenger
and baggage handling systems, as well as new commercial space.
The conferees urge the FAA to give this project priority
consideration for available discretionary funds.
Johnstown-Cambria County Municipal Airport, PA.--The
conferees are aware of the need for funding of the terminal
renovation project and for constructing a firefighting and snow
removal equipment building at Johnstown-Cambria County
Municipal Airport. The terminal has not been renovated since
1966, and a bigger terminal would attract larger aircraft and
more passengers. The conferees urge the FAA to give this
project priority consideration for available discretionary
funds.
Instrument landing systems.--The conferees agree that the
following AIP-eligible equipment should be given priority
consideration for discretionary grants:
Zanesville Airport, OH.--installation of localizer
and glideslope equipment;
Hays Municipal Airport, KS.--instrument landing
system;
Stanly County Airport, NC.--installation of
instrument landing system;
Bessemer Airport, AL.--instrument landing system;
Manistee Blacker Airport, MI.--instrument landing
system; and
Stennis International Airport, MS.--instrument
landing system.
Letters of intent.--The conferees encourage the FAA to
consider signing a letter of intent (LOI) for major capacity
enhancement projects at the following airports:
New Orleans International, LA
Philadelphia International, PA
Atlanta Hartsfield International, GA
Seattle-Tacoma International, WA
Minneapolis-St. Paul International, MN
Salt Lake City International, UT
The conferees also direct the FAA to advise the House and
Senate Committees on Appropriations thirty days prior to
awarding any new LOI. This letter should detail any cost
savings to the overall project expected to result from the
proposed LOI and should list any other LOI applications pending
before the FAA. The conferees note that the policy of prior
written Congressional notification has been in effect for
several years for LOIs totaling more than $10,000,000. However,
greater attention needs to be paid to this requirement.
Minneapolis-St. Paul International Airport, MN.--The
Minneapolis-St. Paul airport serves as a major hub and a
regional air service connector for the upper midwest states.
Construction of the planned new 8,000 foot north-south runway,
primarily for air carrier operations, is projected to increase
the operational capacity of the airport by 25 percent. As such,
this project, including land acquisition, would significantly
enhance systemwide airport capacity and reduce congestion and
delay for aircraft and passengers in a multistate area. The FAA
expects that its environmental review of this new runway will
be completed during the first quarter of calendar year 1998.
The conferees encourage the FAA to consider signing a letter of
intent of AIP discretionary funds to this project so this
capacity-enhancement project can be constructed as soon as
feasible.
Salt Lake City International Airport, UT.--The Salt Lake
City International Airport has embarked on a capacity
enhancement development program designed to provide much-needed
additional airport capacity for the future, as well as for the
2002 Winter Olympic Games. During the past five years,
passenger activity has grown 60 percent, making Salt Lake City
the second fastest growing airport in the nation. The conferees
encourage the FAA to consider signing a letter of intent for
the development program at this important airport.
Grants-in-Aid for Airports
(Airport and Airway Trust Fund)
(Rescission of Contract Authorization)
The conference agreement rescinds $412,000,000 in
contract authority instead of $190,000,000 as proposed by the
Senate. These funds are unavailable for obligation because they
represent a portion of the amount of budget authority above the
fiscal year 1997 obligation limitation. Therefore, this
rescission will have no effect on ongoing airport construction
programs.
aviation insurance revolving fund
The conference agreement includes language authorizing
the expenditure of funds for aviation insurance activities as
proposed in the House and Senate bills. This legislative
language has been carried in appropriations Acts for many
years, and is expected to result in no budget authority or
outlays during fiscal year 1998.
aircraft purchase loan guarantee program
The conference agreement includes the qualified
limitation on funds for the ``Aircraft purchase loan guarantee
program'' proposed by the Senate instead of the outright
prohibition on funds proposed by the House. Funding of up to
$5,000 for this program has been included under FAA
``Operations''.
administrative services franchise fund
The conference agreement deletes the prohibition on
funding new activities under FAA's Administrative Services
Franchise Fund during fiscal year 1998 proposed by the House.
The conferees direct FAA to submit a report to the House and
Senate Committees on Appropriations no later than March 1, 1998
detailing any cost savings which have been achieved by the FAA
from operation of the franchise fund.
Federal Highway Administration
LIMITATION ON GENERAL OPERATING EXPENSES
The conference agreement limits general operating
expenses of the Federal Highway Administration (FHWA) to
$552,266,000, instead of $510,313,000 as proposed by the House
and $558,440,000 as proposed by the Senate.
The conference agreement provides extended availability
of $241,708,000 for contract programs of the Federal Highway
Administration, instead of $202,226,000 as proposed by the
House and $245,687,000 as proposed by the Senate.
The recommended funding distribution by program and
activity of the administrative expenses and research and
development programs of the FHWA is as follows:
Program/Activity Conference level
Administrative expenses................................. $259,558,000
Motor carrier safety administrative expenses............ 51,000,000
Contract programs:
Research and technology:
Highway research and development................ 61,087,000
Intelligent transportation systems.............. 130,160,000
Technology development.......................... 13,311,000
National advanced driving simulator............. 13,250,000
Local technical assistance......................
National Highway Institute......................
Minority business enterprises................... 10,000,000
International transportation.................... 900,000
Rehabilitation of TFHRC......................... 2,000,000
Technical assistance to Russia..................
GPS support..................................... 1,000,000
R and T technical support....................... 10,000,000
--------------------------------------------------------
____________________________________________________
Total....................................... 552,266,000
The highway research and development and intelligent
transportation systems programs by activity are displayed
below:
Program/Activity Conference level
Highway research and development:
Safety.............................................. $9,500,000
Pavements........................................... 10,500,000
Structures.......................................... 15,256,000
Environment......................................... 5,666,000
Right-of-way........................................ 365,000
Policy.............................................. 5,400,000
Planning............................................ 7,000,000
Motor carrier....................................... 7,400,000
--------------------------------------------------------
____________________________________________________
Total............................................. 61,087,000
Intelligent transportation systems:
Research and development............................ 31,500,000
Operational tests................................... 83,900,000
Evaluations......................................... 7,000,000
Program support..................................... 7,760,000
--------------------------------------------------------
____________________________________________________
Total............................................. 130,160,000
Office of motor carriers.--The conferees have provided
$51,000,000 for the office of motor carriers' administrative
expenses within the FHWA's limitation on general operating
expenses. The conference agreement includes the following
adjustments to the budget request:
Operating expenses excluding rent....................... -$245,000
Federal/industry training............................... -1,220,000
Outreach................................................ -300,000
Flexibility in the use of funds provided under the
limitation on general operating expenses.--The conferees
acknowledge that certain activities funded under the limitation
on general operating expenses in prior years are not
recommended for funding in fiscal year 1998. This treatment is
consistent with the administration's fiscal year 1998 budget
request, which assumed that these activities will be provided
contract authority under legislation pending to reauthorize the
federal-aid highway program. The conferees agree that if
legislation is not enacted in fiscal year 1998 providing
contract authority for these activities, the FHWA may,
following notification to and approval of the House and Senate
Committees on Appropriations, utilize funds provided within
this limitation on general operating expenses for such
activities.
Highway research and development.--The conference
agreement deletes the House's direction that up to $100,000 of
the funds provided for highway research and development be
allocated for the San Joaquin air quality study. Funds for the
air quality study have been allocated within the funds provided
for environment research and development.
The conference agreement deletes the House's direction
that funds for various highway research and development
activities shall not be obligated until after FHWA has
increased its cost sharing from non-federal sources. The FHWA
is directed, however, to increase substantially its cost
sharing arrangements with non-federal sources in fiscal year
1998 and is directed to document those efforts and successes to
the House and Senate Committees on Appropriations with its
annual Congressional justifications.
Safety.--The conference agreement includes $250,000 for
pedestrian and bicycle safety and $250,000 to conduct a
demonstration of technologies and practices to improve the
driving performance of elderly drivers.
Structures.--The conference agreement provides sufficient
funds to pursue research into high performance materials and
bridge systems. The conferees encourage FHWA to work with an
academic and industry-led national consortium to demonstrate
the applications of an all-composite bridge for civil
engineering purposes.
Environment.--The conference agreement includes funding
for FHWA's participation in the assessment of methodologies
needed for estimating emissions of particulate matter in the
San Joaquin Valley of California. The conferees encourage the
FHWA to continue its work with the National Center for Physical
Acoustics to identify scientific issues which impede accurate
noise prediction.
Planning.--The conference agreement provides $7,000,000
for planning research and development. The conferees encourage
the FHWA to assess the Red River corridor transportation
infrastructure of the five state area pursuant to the
recommendations of the Northern Great Plains Rural Development
Commission. The conference agreement does not include any
funding for the sustainable transportation initiative.
Motor carrier.--The conference agreement includes
sufficient funds to conduct a study on the prevalence of sleep
apnea in truck drivers and for an operational test and
validation of technological aids to improve fatigue management
among commercial truck drivers.
Intelligent transportation systems (ITS).--Within the
funds provided for operational tests, the conferees direct that
funding shall be available for the following projects in the
amounts specified below:
Project Conference level
Advanced transportation weather information system, University
of North Dakota........................................... $775,000
Arizona National Center for Traffic and Logistics Management.. 1,000,000
Commercial vehicle operations, I-5, California................ 1,500,000
Cumberland Gap tunnel, Kentucky............................... 1,550,000
Dade County Expressway, Florida toll collection system........ 1,000,000
Franklin County, Massachusetts traveler information system.... 875,000
Greater Milwaukee freeway traffic management system(MONITOR).. 5,500,000
Houston, Texas................................................ 1,500,000
I-90/I-94 rural ITS corridor, Wisconsin....................... 1,700,000
Inglewood, California......................................... 500,000
Louisiana interstates 55, 10, and 610, ITS systems............ 5,500,000
Market Street and Pennsylvania convention center passenger
information center........................................ 325,000
Minnesota Guidestar........................................... 6,000,000
Nashville, Tennessee traffic guidance system.................. 750,000
National capital region congestion mitigation................. 6,000,000
National Institute for Environmental Renewal.................. 1,000,000
I-90 connector, Rensselaer County, New York................... 1,250,000
I-275, St. Petersburg, Florida................................ 1,000,000
Syracuse, New York advanced transportation management system.. 1,000,000
Texas Transportation Institute................................ 1,000,000
Rt. 236/I-495, Northern Virginia, ITS systems................. 500,000
Bozeman, Montana, Western Transportation Institute............ 1,000,000
Southeast Michigan snow and ice management (SEMSIMS).......... 1,150,000
Utah intelligent transportation systems....................... 3,500,000
Kansas City, MO, intermodal common communications technology.. 1,000,000
Reno, NV, intelligent transportation systems.................. 1,875,000
Barboursville--Ona, WV, traffic management.................... 8,000,000
North Dakota State University advanced traffic analysis center 600,000
Sullivan County, NY, emergency weather system................. 1,000,000
Urban Transportation Safety Systems Center (Philadelphia)..... 250,000
New York City toll plaza scanners............................. 1,100,000
Cleveland, OH, computer integrated transit maintenance
environment project....................................... 1,000,000
Santa Teresa, NM, intermodal technology demonstration project
\1\....................................................... 1,000,000
Operation Respond hazardous materials emergency response
software.................................................. 1,000,000
Washington State radio communication emergency call boxes..... 750,000
Washington statewide roadway weather information system....... 1,250,000
I-95 multi-state corridor coalition........................... 1,000,000
Colorado I-25 truck safety improvements....................... 9,000,000
Tuscaloosa, AL, traffic integration and flow control.......... 2,200,000
Pennsylvania Turnpike Commission ITS.......................... 6,000,000
Alaska cold weather ITS sensing............................... 1,000,000
\1\ To be provided to the ATR Institute.
Should the reauthorization or the temporary extension of
the Intermodal Surface Transportation Efficiency Act limit the
administrative draw down of the Federal Highway Administration
in such a way as to limit resources available to fully fund the
preceding ITS projects under the limitation on general
operating expenses, the conferees direct the FHWA to fund these
ITS projects at the levels specified from funds made available
for ITS deployment and research and development in the
temporary extension and the reauthorization of the Intermodal
Surface Transportation Efficiency Act.
International transportation.--The conferees encourage
the FHWA to undertake a study on the potential for establishing
a roadlink from Wrangell, Alaska to the Canadian border along a
proposed Brandfield alignment.
highway-related safety grants
(highway trust fund)
(liquidation of contract authorization)
The conference agreement deletes an appropriation
proposed by the Senate for liquidating cash for highway-related
safety grants. The House bill contained no similar
appropriation.
appalachian development highway system
The conference agreement includes $300,000,000 for the
Appalachian development highway system as proposed by the
Senate. The House bill contained no similar appropriation.
The conference agreement includes language that prohibits
the expenditure of funds made available under this heading 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)
The conference agreement limits obligations for the
federal-aid highway program to $21,500,000,000 as proposed by
the House instead of $21,800,000,000 as proposed by the Senate.
The conference agreement deletes the Senate references of
priority designations and set-asides within the Federal Highway
Administration's discretionary grant programs.
Emergency relief program.--In view of a recent Inspector
General report questioning the use of over $100 million in
highway emergency relief funds, the conferees are concerned
about the FHWA's stewardship of the emergency relief program.
The conferees expect FHWA to improve its program management by
closely monitoring the expenditure of such funds and adhering
to the program eligibility criteria. The conferees further
require FHWA to provide a report explaining when emergency
relief funds can be used to pay for ``betterments''. The report
shall provide specific examples of the types of betterments
FHWA would expect to be funded as a result of the environmental
process. The conferees direct that the report be delivered to
the House and Senate Committees on Appropriations not later
than February 1, 1998.
Central Artery/Third Harbor Tunnel project.--The
conferees are concerned that the cost estimate for the Central
Artery/Third Harbor tunnel (CA/THT) project in Boston,
Massachusetts has increased to approximately $11 billion. As
noted in the past, the Commonwealth of Massachusetts must
recognize that any cost growth that occurs in this project
through the point of its completion will detract from what the
state can hope to accomplish in its transportation investments
throughout the state for many years to come. The conferees will
not support any additional special federal-aid highway funding
for the Commonwealth of Massachusetts for this project other
than those funds that are apportioned to the state by formula
as enacted by Congress. Therefore, cost increases in the
project must either be covered by state funds or Massachusetts'
formula federal-aid funding.
Further, although the state is currently free to utilize
its federal-aid formula funds to support the project, the
conferees are concerned that (1) support of the project not
adversely impact transportation investments throughout the
Commonwealth of Massachusetts; and (2) the project be completed
consistent with its current budget. The currently approved
finance plan for the project commits the state to support a
$400 million annual highway program in the remainder of the
state. The conferees are aware that the finance plan must be
approved at least annually and that the next update was due
October 1, 1997. The Department is directed to submit periodic
updates of the plan to the House and Senate Committees on
Appropriations, the Inspector General, and the General
Accounting Office for review. The conferees feel that it is
essential that the finance plan continue to commit the state to
a statewide highway program of at least $400 million per year.
With the implementation of the Massachusetts Metropolitan
Highway System legislation, the state has put in place
mechanisms to help it secure the needed local funds to support
both the short and long term needs of the project. That
enabling legislation must be followed with specific actions to
obtain the local funding. The next finance plan update must
recognize the cost increase that occurred during the past year
and it must ensure that the local funding sources are adequate
to cover total project costs and cash flow needs that can not
be met by reasonable expectations of federal-aid formula funds
that will be available for obligation to the state.
The conferees note that the project design is virtually
complete and the majority of the construction contracts are
already awarded. The very nature of this project, constructing
underground in a dense urban environment, provides many
opportunities for cost increases that must be vigorously
guarded against. The finance plan sets out a very stringent
target for controlling costs on construction contracts once
they are awarded and underway. The Commonwealth of
Massachusetts has acknowledged that these goals are tough but
achievable. The conferees believe that the state must fully
commit its energies to controlling all costs for the remainder
of the project life with special emphasis on the cost of
awarded contracts. This will require that the state
appropriately utilize the best available contract management
techniques and also make full use of the contractor value
engineering provisions of their contracts.
The conferees direct the state to continue to share
project cost information with the Federal Highway
Administration on at least a monthly basis and direct the
Federal Highway Administration to evaluate trends that could
warrant an update of the finance plan at a point sooner than
its normal fiscal year anniversary, and to inform the House and
Senate Committees on Appropriations of any variance of those
trends from the preceding month.
The conferees reiterate that should cost estimates to
complete the project exceed the current $11 billion estimate,
there may be no other choice in the future but to cap the
federal financial participation in the program and/or limit the
percentage of federal-aid funds that may be allocated to the
project from the state's overall federal-aid apportionment.
Federal lands.--The conferees encourage the FHWA central
federal lands highways division to conduct a geographical
engineering study to furnish data that will lead to the
mitigation of a landslide affecting a major highway within the
boundaries of Badlands National Park. The study should include
survey, subsurface investigation and required instrumentation.
The landslide in the area poses a significant threat to the
safety of the traveling public and is a costly and continual
maintenance burden.
FEDERAL-AID HIGHWAYS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The conference agreement provides a liquidating cash
appropriation of $20,800,000,000 for the federal-aid highways
program as proposed by the House, instead of $20,850,000,000 as
proposed by the Senate.
RIGHT-OF-WAY REVOLVING FUND
(LIMITATION ON DIRECT LOANS)
(HIGHWAY TRUST FUND)
The conference agreement deletes an appropriation of
$8,000,000 for the cost of direct loans from the right-of-way
revolving fund as proposed by the Senate and includes a
limitation prohibiting obligations for right-of-way acquisition
during fiscal year 1998 as proposed by the House.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
A total of $85,000,000 has been provided in liquidating
cash for motor carrier safety grants as proposed by both the
House and the Senate.
MOTOR CARRIER SAFETY GRANTS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement provides $84,825,000 for motor
carrier safety grants instead of $85,325,000 as proposed by the
House and $84,300,000 as proposed by the Senate. This agreement
allocates the funding in the following manner:
Basic grants to states.................................. $73,500,000
Border assistance....................................... 2,500,000
Priority initiatives.................................... 2,000,000
Administrative costs.................................... 825,000
Information systems and planning........................ 6,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 84,825,000
Basic grants to states.--The conferees have agreed to
provide $73,500,000 for basic grants to states. Of this total,
the Office of Motor Carriers has the flexibility to provide
some of the total funding to states to improve data analysis,
information systems, and program management necessary for the
implementation of performance-based safety grants in fiscal
year 1999, if requested.
Border assistance.--The conference agreement provides
$2,500,000 for border assistance, as proposed by the House.
Funding has not been provided to the second tier states because
Mexican commercial motor vehicles cannot operate beyond
Arizona, California, New Mexico, and Texas until the year 2000.
State training and administration.--The conferees provide
$825,000 for state training and administration, and direct that
no more than $100,000 from any motor carrier account be used to
support the Challenge program in fiscal year 1998. Further, the
conferees expect that this program will be entirely self-
supporting in fiscal year 1999.
Information systems.--The conference agreement provides
$6,000,000 for information systems and planning, which shall be
allocated as follows: $2,000,000 for information systems and
analysis; $3,000,000 for commercial vehicle information; and
$1,000,000 for the driver program.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
The conference agreement provides $74,901,000 from the
general fund for highway and traffic safety activities instead
of $74,492,000 as proposed by the House and $74,760,000 as
proposed by the Senate. Of the total, $40,674,000 shall remain
available until September 30, 2000 as proposed by the House.
The Senate bill contained no similar provision.
The agreement includes a provision which prohibits NHTSA
from obligating or expending funds to plan, finalize, or
implement any rulemaking that would add requirements pertaining
to tire grading standards that are different from those
standards already in effect. This provision was contained in
both the House and Senate bills.
OPERATIONS AND RESEARCH
(HIGHWAY TRUST FUND)
The conference agreement provides $72,061,000 from the
highway trust fund for operations and research activities
instead of $72,415,000 as proposed by the House and $71,740,000
as proposed by the Senate. Of the total, $49,520,000 shall
remain available until September 30, 2000 as proposed by the
House. The Senate bill contained no similar provision.
The conference agreement for operations and research
(general fund and highway trust fund combined) includes the
following adjustments to the budget request:
Auto safety hotline........................................... -$236,000
Odometer fraud................................................ -75,000
School bus restraint.......................................... +700,000
Youth, drugs, and driving initiative.......................... -600,000
Enforcement and emergency services............................ -454,000
Head injury management........................................ +250,000
Accountwide adjustment........................................ -123,000
Biomechanics.--Within the funds provided, the conferees
direct NHTSA to provide $100,000 to develop a biofidelic child
crash test dummy, as requested by the House.
School bus restraint devices.--The conferees have
provided $700,000 for a new pilot program for states to
experiment with alternative safety restraint bar devices on
school buses. NHTSA shall report back to the House and Senate
Committees on Appropriations by December 31, 1997, on the
implementation of this program and provide the Committees with
an evaluation of these safety devices by August 1, 1998.
Youth, drugs, and driving initiative.--The conferees have
not funded the administration's youth, drugs, and driving
initiative. No state has been willing to participate in this
demonstration program because of serious constitutional, legal,
and privacy issues raised by this program, and the enormous
startup costs states would incur without federal assistance.
This program is estimated to cost at least $16,000,000 during
the next three years, and would detract from the amount of
funding available for many other critical highway safety
initiatives, such as alcohol-impaired driving, increasing seat
belt usage, and reducing drug impaired driving. However, the
conferees are concerned about the growing problem with youth
and drugs, and have provided $1,400,000 to bolster training and
education for law enforcement, prosecutors, and judges on
detecting, arresting, and sanctioning youth alcohol and drug
offenders. As part of this effort, NHTSA should consider
developing model policies for youth enforcement, treatment and
sentencing and then conducting a demonstration in 3 to 5
jurisdictions using this model.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The conference agreement provides $186,000,000 to
liquidate contract authorizations for highway traffic safety
grants, as proposed by both the House and the Senate.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement limits obligations for highway
traffic safety grants to $186,500,000 as proposed by the House
instead of $187,000,000 as proposed by the Senate. The
conferees provide $5,268,000 for administration of the grant
program as proposed by the House instead of $4,948,000 as
proposed by the Senate. The conference agreement prohibits the
use of funds for construction, rehabilitation or remodeling
costs, or for office furnishings and fixtures for state, local,
or private buildings or structures, as proposed by both the
House and the Senate. Further, the conference agreement limits
funds for the administration of highway safety grants to
$150,000, as proposed by both the House and the Senate. The
bill includes separate obligation limitations with the
following funding allocations:
State and community grants.............................. $149,700,000
Alcohol incentive grants................................ 34,500,000
National driver register................................ 2,300,000
State and community grants.--The conferees have provided
$149,700,000 for state and community grants, instead of
$140,200,000 as proposed by the House and $150,700,000 as
proposed by the Senate. Of this total, $9,000,000 shall be used
to expedite the efforts of States to increase seat belt usage
beyond the estimated amount that each State spent in this area
in fiscal year 1997, as proposed by the Senate. The House had
provided $9,000,000 for occupant protection incentive grants as
a separate item, subject to authorization; but authorization
did not occur prior to the beginning of fiscal year 1998.
Combining this funding with state and community grants does not
prejudice the occupant protection incentive grant program from
receiving consideration for funding in future appropriation
bills, if authorized. The conferees have not earmarked any new
funding for performance-based plans, as proposed by the Senate,
because forty-one states are already preparing these plans in
fiscal year 1997 and all states will prepare such plans in
fiscal year 1998.
Alcohol incentive grants.--The conference agreement
provides $34,500,000 for alcohol incentive grants instead of
$35,000,000 as proposed by the House and $34,000,000 as
proposed by the Senate. The conference agreement also includes
bill language that limits to $500,000 the funds for alcohol-
impaired driving countermeasures programs that are made
available for technical assistance to the states, as proposed
by the House and the Senate.
National driver register.--A total of $2,300,000 has been
provided for the national driver register, as proposed by both
the House and the Senate.
Federal Railroad Administration
OFFICE OF THE ADMINISTRATOR
The conference agreement appropriates $20,290,000 for the
Office of the Administrator instead of $19,434,000 as proposed
by the House and $19,800,000 as proposed by the Senate. Of the
total amount, $1,389,000 shall remain available until expended,
as proposed by the House instead of $1,339,000 as proposed by
the Senate.
The conferees agree to the following adjustments to the
budget request:
Limit growth in support services.............................. -$68,000
Reduction in information technology........................... -140,000
Reduction in rent............................................. -25,000
Reduction in Chief Counsel staffing........................... -36,000
--------------------------------------------------------------
____________________________________________________
Net reduction to budget................................. -269,000
GSA rent.--The conference agreement deletes a prohibition
on the use of funds for rental payments to the General Services
Administration to pay for the expenses of headquarters
employees outside the Nassif building after January 1, 1998, as
proposed by the House. The Senate bill contained no similar
provision. However, the conferees have reduced the
appropriation for rent by $25,000, or the square foot cost
differential between housing FRA employees in the Nassif
building or locating these employees in offices outside of the
building. The conferees remain concerned that an entire modal
administration previously housed within the Nassif building is
now located a significant distance away from the department's
other daily operations and is no longer fully integrated within
the department. The conferees would strongly prefer to see FRA
relocated back to the Nassif building, but recognize that it is
only slightly more costly to house these employees outside of
the main headquarters building.
Railroad relocation.--The conferees direct the FRA to
continue, within available funds, consultative efforts to
support the implementation of short term railroad operating and
long term relocation solutions between railroads and local
communities, including Metairie, Louisiana.
RAILROAD SAFETY
The conferees have provided $57,067,000 for railroad
safety as proposed by the Senate instead of $56,967,000 as
proposed by the House. Of the total amount, $5,511,000 shall
remain available until expended as proposed by the House
instead of $5,400,000 as proposed by the Senate. The conference
agreement includes the following adjustments to the budget
request:
Reduction in technology systems............................... -$77,000
Rail safety advisory committee................................ -100,000
Administrative reduction...................................... -98,000
Enhance grade crossing safety initiatives..................... +275,000
Grade crossing safety initiatives.--The conferees have
provided $275,000 above the request for the office of safety
personnel and programs to support new and additional highway/
rail grade crossing safety initiatives. FRA shall use this
funding to perform interstate rail corridor and crossing safety
evaluations; provide technical assistance to state
transportation departments in identifying the most dangerous
crossings; evaluate and disseminate best practices for crossing
hazard mitigation; assess the effectiveness of crossing signal
technologies; interface with the motor carrier industry through
FHWA's office of motor carriers regarding safer commercial
driving practices at highway/rail crossings; and, in accordance
with new statutory requirements contained in the 1996 Federal
Aviation Administration Reauthorization Act, work with affected
localcommunities that are considering train whistle
restrictions, to help develop effective supplementary safety measures.
RAILROAD RESEARCH AND DEVELOPMENT
The conference agreement provides $20,758,000 for
railroad research and development instead of $21,038,000 as
proposed by the House and $24,906,000 as proposed by the Senate
and includes the following adjustments to the budget request:
Equipment related research.................................... -$50,000
Operation Lifesaver........................................... +200,000
T-6 railcar................................................... -500,000
Magnetic levitation........................................... -500,000
Environmental issues.......................................... -100,000
Research and development facilities........................... -80,000
TRB study..................................................... +150,000
1-800 emergency notification system.--The conferees have
deleted funding provided by the Senate for expedited
development of a computer-based emergency response system for
notification of malfunctioning grade crossing signals and track
obstacles, based on unobligated balances. FRA and two states
are already working on the development of this system. The
conferees expect that the agency's fiscal year 1999 budget
submission will include a definitive schedule for completion of
this project and a description of the process by which FRA will
promote state investment in this approach to improving grade
crossing safety.
Positive train control.--In conjunction with FRA, eastern
railroads are developing positive train control (PTC) capable
of operating with present and future technologies to adapt to
the various types of railroad infrastructure. As the first
step, an interoperable locomotive platform is being developed.
As the next step, a positive train separation (PTS) pilot will
be run on the rail line between Manassas, Virginia through
Hagerstown, Maryland to Harrisburg, Pennsylvania to demonstrate
the operation of locomotives over different types of PTC
territory. This project, funded jointly by FRA and the
railroads, was begun last year. The conferees direct FRA and
the affected railroads to proceed under previously negotiated
cost-sharing agreements with the second phase of the pilot
project, which is intended to develop a PTS system that builds
on existing infrastructure, is interoperable, and cost-
effective.
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
The conference agreement provides $250,000,000 for the
Northeast corridor improvement program as proposed by the House
instead of $273,450,000 as proposed by the Senate. Funding
shall be available until September 30, 2000 as proposed by the
House instead of September 30, 1999 as proposed by the Senate.
Of this total, $12,000,000 shall be available for the
Pennsylvania station redevelopment project solely for life and
safety improvements.
Railroad Rehabilitation and Improvement Program
The conference agreement does not permit any new loan
guarantee commitments to be made during fiscal year 1998 as
proposed by both the House and the Senate.
NEXT GENERATION HIGH-SPEED RAIL
The conference agreement provides $20,395,000 for the
next generation high-speed rail program instead of $18,395,000
as proposed by the House and $26,000,000 as proposed by the
Senate. The following table summarizes the conference agreement
by budget activity:
Conference level
Train control systems................................... $3,750,000
Non-electric locomotives................................ 9,300,000
(ALPS).............................................. (2,000,000)
(Prototype locomotive).............................. (4,800,000)
(RTL-3)............................................. (2,500,000)
Grade crossings and innovative technologies: 5,600,000
(Sealed corridor)................................... (2,000,000)
(Mitigating hazards)................................ (2,500,000)
(Low-cost HSR crossing)............................. (1,100,000)
Track & structures...................................... 1,200,000
Planning technology.....................................................
Administration.......................................... 545,000
--------------------------------------------------------
____________________________________________________
Total............................................. 20,395,000
Prototype locomotives.--The conferees have provided
$4,800,000 for prototype locomotives, which shall be available
to FRA to: (1) continue its focus on high-speed fossil fuel
research on flywheel turbine technology; (2) design, develop,
and test different nonelectric locomotive concepts; and (3)
evaluate technologies, which incorporate modern, recently
developed locomotive car bodies that meet FRA's Tier II
passenger rail car construction standards, other applicable
federal safety regulations, and have the potential to operate
at 150 miles per hour, yet be available for revenue
demonstration at speeds of 125 miles per hour within a two to
three year period.
Planning technology.--Although the conferees are
supportive of analytic and technical assistance to states for
the development of high-speed rail programs, the conferees have
deferred funding for planning technology pending
reauthorization.
ALASKA RAILROAD REHABILITATION
The conference agreement provides $15,280,000 for the
Alaska Railroad instead of $17,000,000 as proposed by the
Senate. The House bill contained no similar appropriation.
Within the appropriation, $10,000,000 shall be available for
track rehabilitation and $5,280,000 shall be for improvements
to the Seward dock.
Seward dock.--The conferees have reduced the amount for
improvements to the Seward dock from $7,000,000 in the Senate
bill to $5,280,000. Such reduction will result in increased
local participation in the project, particularly by the city of
Seward. Therefore, the conferees direct the department to
provide funding for the dock improvements directly to the city
to complete the intermodal improvements on behalf of the Alaska
Railroad.
RHODE ISLAND RAIL DEVELOPMENT
Total funding for the Rhode Island rail development
project is $10,000,000 as proposed by both the House and the
Senate. The conference agreement includes language that
requires, as a condition of accepting such funds, the
Providence and Worcester Railroad to reimburse Amtrak and/or
the Federal Railroad Administration, on a dollar for dollar
basis, up to the first $23,000,000 if damages occur in vertical
clearances in excess of those required for present freight
operations as proposed by the House. The Senate bill required
reimbursement up to the first $13,000,000.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The conference agreement provides $543,000,000 for grants
to the National Railroad Passenger Corporation (Amtrak) as
proposed by the House instead of $344,000,000 as proposed by
the Senate. Within the appropriation, $344,000,000 shall be
available for operating subsidies and $199,000,000 for capital
grants instead of $202,000,000 for operating losses,
$81,000,000 for retirement payments, and $260,000,000 for
capital grants as proposed by the House. The Senate bill
contained $344,000,000 solely for Amtrak operations.
The conference agreement deletes a number of language
provisions included in either the House or Senate bills. These
include: (1) deleting language proposed by the House that
prohibits any of the funds appropriated for mandatory payments
to be used for payments for Amtrak employees; (2) deleting
language proposed by the House that prohibits obligation or
expenditure of operating losses in excess of the amounts
specified; (3) deleting language proposed by the House
requiring the Federal Railroad Administration to submit
quarterly reports on the financial status of Amtrak; and (4)
deleting language proposed by the Senate that provides
$641,000,000 for qualified expenses of Amtrak and non-Amtrak
states, subject to the enactment of the Intercity Passenger
Rail Fund, but withholding the amount until the enactment of a
subsequent appropriations Act releasing such funds for
obligation.
The conference agreement retains bill language proposed
by the House that prohibits the transfer of capital improvement
funds to pay for debt service interest unless specifically
authorized by law and deems as a violation of the Anti-
Deficiency Act the incurring of any obligation or commitment
for the purchase of capital improvements prohibited in this
appropriations Act. The Senate bill contained no similar
provisions.
The conference agreement also retains language that makes
funds available for capital improvements on July 1, 1998, as
proposed by the House. The Senate bill included no similar
provision.
The conference agreement includes language that requires
the Secretary of Transportation to reduce the tax credit
enacted under the Taxpayer Relief Act of 1997 by the amount
appropriated for capital improvements, should Amtrak reforms be
enacted. Neither the House nor the Senate bill contained a
similar provision.
Operating subsidies.--The conference agreement provides
$344,000,000 for operating subsidies. Of this total, the
conferees believe that the federal appropriation for railroad
retirement payments should not be greater than $81,000,000.
This figure has been calculated by identifying Amtrak's tax
liabilities (including Amtrak employer Tier 2 taxes and
supplemental taxes) and subtracting the Railroad Retirement
Board's payments to Amtrak's beneficiaries. The conferees
believe that Amtrak has been overstating its passenger rail
service payments and understating its routine operating expense
subsidy. However, providing $81,000,000 in federal
appropriations for railroad retirement payments in no way
affects the railroad's statutory obligations. Amtrak shall
continue to be liable for all taxes that normally would be
payable by the corporation as a railroad employer under the
Railroad Retirement Act of 1974, the Railroad Unemployment
Insurance Act, and the Railroad Retirement Tax Act.
The conferees direct the department to include an
estimate of Amtrak's total tax liability and its components in
FRA's annual congressional justification, and a comprehensive
listing of Amtrak's operating expenses that, by statute, are
eligible for federal subsidy. In addition, Amtrak is directed
to provide to the House and Senate Committees on Appropriations
a copy of the Railroad Retirement Board's annual letter to
Amtrak, upon receipt, which identifies Amtrak's railroad
retirement payments.
Route closure and realignment report.--The conferees
direct the General Accounting Office (GAO) to examine economic
data for Amtrak's system and develop system-wide performance
rankings of all routes currently in service based on short- and
long-term economic loss. This report should consider all income
and all costs, and perform a revenue-to-cost yield analysis of
each Amtrak route. Also, the economic implications ofmulti-year
capital requirements and declining federal operating subsidies should
be examined. Amtrak shall provide GAO with this data within 30 days
after the bill is enacted. If Amtrak reauthorization is enacted into
law by December 31, 1997, GAO should include, as part of its review,
any reforms that may impact on each route's viability. GAO should
provide the House and Senate Committees on Appropriations with interim
briefings on the issues and prepare a final report by May 15, 1998.
Federal Transit Administration
ADMINISTRATIVE EXPENSES
The conference agreement provides $45,738,000 as proposed
by the House instead of $41,497,000 as proposed by the Senate.
The conference agreement limits funds available for the
execution of contracts under section 5327(c) of title 49,
U.S.C. for project management oversight activities to
$15,000,000 as proposed by both the House and Senate.
FORMULA GRANTS
The conference agreement provides a total program level
of $2,500,000,000 for transit formula grants, as proposed by
the House instead of $2,400,000,000 as proposed by the Senate.
Within this total, the conference agreement appropriates
$240,000,000 from the general fund instead of $290,000,000 as
proposed by the House and $190,000,000 as proposed by the
Senate.
The conference agreement limits to $150,000,000 funds
available for operating assistance, instead of $200,000,000 as
proposed by the House. The Senate bill contained no similar
limitation on operating expenses. In addition, the conference
agreement retains language proposed by the House that provides
transit operating assistance to urbanized areas of less than
200,000 in population at a level no less than seventy-five
percent of the amount such areas were to receive under Public
Law 103-331; and, that in the distribution of the limitation of
operating assistance to urbanized areas that have a population
of 1,000,000 or more, instructs the Secretary to direct each
area to give priority consideration to the impact of reductions
of operating assistance on smaller transit authorities
operating within the area. The Senate bill contained no similar
provisions.
UNIVERSITY TRANSPORTATION CENTERS
The conference agreement appropriates $6,000,000 for
university transportation centers as proposed by both the House
and Senate.
TRANSIT PLANNING AND RESEARCH
The conference agreement provides a total of $92,000,000
for transit planning and research instead of $86,000,000 as
proposed by the House and $77,250,000 as proposed by the
Senate. Within the funds provided, $36,750,000 shall be
available for national planning and research activities and
other activities of the transit cooperative research program.
The conference agreement deletes language proposed by the
Senate that provides $500,000 to the Colorado Department of
Transportation to study the metropolitan planning process and
organization in the Denver metropolitan area. The House bill
contained no similar provision.
The conferees direct that within the funding level
provided for transit planning and research, the Federal Transit
Administration shall make available the following amounts for
the programs and activities listed below:
Project Conference level
Joblinks employment transportation program.............. $1,000,000
Hennepin community works program, Hennepin County,
Minnesota........................................... 1,000,000
Project ACTION.......................................... 2,000,000
Advanced technology transit bus......................... 10,000,000
Fuel cell bus program................................... 4,000,000
Advanced transportation and alternative fueled
technologies consortium............................. 1,500,000
Rural transportation assistance program................. 750,000
Fatigue awareness and safety training program........... 1,000,000
Zinc-air battery research............................... 2,000,000
Colorado metropolitan planning organization study....... 500,000
Electronic distribution center for surplus transit-
related equipment................................... 500,000
Low-speed magnetic levitation........................... 1,000,000
Colorado metropolitan planning organization study.--The
conferees have included $500,000 which shall be made available
to study the metropolitan planning process and organization in
the Denver metropolitan area. The study shall be based on a
scope of work agreed to by Douglas County (on behalf of
selected Denver regional county and municipal governments), the
Denver Regional Council of Governments, and the Colorado
Department of Transportation. In order to insure that the study
is fair and objective, the conferees recommend that the
Colorado Department of Transportation make these funds
available to a Denver based, private sector, non-profit
university based research organization with expertise in public
policy. The conferees direct that the recommendations of the
study be provided to the House and Senate Committees on
Appropriations within twenty-four months of enactment of this
Act.
Honolulu, HI.--The conferees direct the Federal Transit
Administration to support a comprehensive transportation
investment analysis of the primary urban corridor from Ewa to
east Honolulu, Hawaii.
Fuel cell bus program.--The conferees have provided up to
$4,000,000 to continue development of the fuel cell bus. The
conferees direct that none of the funds provided in this Act
shall be available for the construction of a parking garage or
an Intermodal and National Depository Fuel Cell facility at
Georgetown University in Washington, DC.
TRUST FUND SHARE OF EXPENSES
(liquidation of contract authorization)
(highway trust fund)
The conference agreement provides $2,210,000,000 in
liquidating cash for the trust fund share of transit expenses
as proposed by both the House and Senate.
discretionary grants
(limitation on obligations)
(highway trust fund)
The conference agreement limits obligations for the
discretionary grants program to $2,000,000,000 as proposed by
the House instead of $2,008,000,000 as proposed by the Senate.
The conference agreement also limits obligations for fixed
guideway modernization to $800,000,000; for the replacement,
rehabilitation, and purchase of buses and related equipment and
the construction of bus-related facilities to $400,000,000; and
for new fixed guideway systems to $800,000,000 as proposed by
the House. The Senate bill limits obligations to $780,000,000;
$440,000,000; and $788,000,000, respectively.
The conference agreement deletes language proposed by the
Senate that reallocates $6,345,000 in previously provided funds
for the Alaska-Hollis to Ketchikan ferry project. The House
bill contained no similar provision.
Three-year availability of section 5309 discretionary
funds.--The conferees direct that the FTA not reallocate funds
provided in fiscal year 1995 for the Whitehall ferry terminal
project or the New Jersey Burlington to Gloucester rail project
before September 30, 1998, because the Committees have been
informed that these projects are nearing obligation. Further,
the conferees direct the FTA to deobligate funds in the amount
of $2,779,000 made available in Public Law 103-122, for
preliminary engineering associated with the Minneapolis-St.
Paul Twin Cities Central Corridor project and make these funds
available for bus and bus facilities projects in the Twin
Cities Central Corridor. The conferees also direct the FTA to
reallocate funds in the amount of $4,962,500, made available in
Public Law 103-331 for the Twin Cities Central Corridor project
and not obligated by the end of fiscal year 1997, and make
these funds available for similar bus and bus facilities
projects in the Twin Cities Central Corridor.
Further, should additional funds from previous
appropriations Acts be available for reallocation, the
conferees direct the FTA to reprogram these funds no earlier
than fifteen days after notification to the House and Senate
Committees on Appropriations and only to the extent that those
projects are able to fully obligate additional resources in the
course of fiscal year 1998. With respect to reallocation of
discretionary bus funds, the FTA is directed to reallocate
funds to only those projects identified in the reports
accompanying the Department of Transportation and Related
Agencies Appropriations Act, 1998, no earlier than fifteen days
after notification to the House and Senate Committees on
Appropriations.
Bus and bus-related facilities.--The conference agreement
provides $400,000,000 for the replacement, rehabilitation and
purchase of buses and related equipment and the construction of
bus-related facilities, together with $978,000 of funds
originally provided in the fiscal year 1995 Department of
Transportation and Related Agencies Appropriations Act. The
conferees agree that the recommended funding is to be
distributed as follows:
Project Conference
State of Alabama:
Birmingham/Jefferson County buses................... $3,000,000
Birmingham downtown intermodal transportation
facility, phase 2................................. 6,000,000
Gadsden, buses and vans............................. 100,000
Hunstville Intermodal center, phase 1............... 5,000,000
Mobile southern market historic intermodal center... 1,000,000
Mobile municipal pier intermodal waterfront access
rehabilitation project............................ 1,000,000
Mobile bus replacement.............................. 1,500,000
Mobile intermodal facility.......................... 5,500,000
Montgomery bus replacement.......................... 1,500,000
Tuscaloosa bus replacement.......................... 1,000,000
State of Arizona:
Phoenix buses and bus facilities.................... 4,500,000
Tucson intermodal center............................ 1,000,000
State of California:
Folsom multimodal faclity........................... 1,500,000
Foothill transit bus maintenance facility........... 9,000,000
I-5 Consortium Cities Joint Powers Authority
facilities........................................ 5,000,000
Inglewood transit center project.................... 500,000
Lake Tahoe intermodal center........................ 1,000,000
Long Beach buses and bus facilities................. 1,500,000
Marina/Ft. Ord buses and multimodal center.......... 1,000,000
Mendocino County buses.............................. 800,000
Modesto bus maintenance facility.................... 1,750,000
Rialto MetroLink depot.............................. 1,100,000
Riverside County buses and bus facility............. 2,350,000
Riverside County transit vehicle ITS communications. 1,000,000
Sacramento bus facility............................. 1,000,000
San Joaquin (Stockton) bus facilities............... 2,000,000
Santa Clara buses................................... 2,500,000
Santa Cruz metropolitan transit district buses and
bus facility...................................... 1,000,000
San Ysidro border intermodal center................. 500,000
Solano County buses and bus-related equipment....... 1,200,000
Sonoma County bus facilities........................ 1,000,000
Unitrans maintenance facility....................... 1,000,000
Woodland transfer facility.......................... 200,000
Yolo County buses and paratransit vehicles.......... 1,000,000
Yosemite area regional transportation solution...... 500,000
State of Colorado, buses and bus facilities............. 5,500,000
State of Connecticut:
Bridgeport buses and bus facilities................. 2,000,000
Bridgeport intermodal center........................ 3,750,000
New Haven bus facility.............................. 1,200,000
State of Delaware: New Castle bus facility.............. 1,500,000
State of Florida:
Daytona Beach intermodal facility................... 2,000,000
Florida Citrus Connection buses..................... 1,500,000
Lakeland transit buses.............................. 1,000,000
Lakeworth buses and bus facilities.................. 1,000,000
LYNX buses and bus facilities....................... 3,000,000
Metro-Dade County buses and bus facilities.......... 5,000,000
Orlando intermodal facility......................... 1,000,000
Palm Beach County buses and bus facilities.......... 2,000,000
Tampa (Hillsborough County), HARTline buses and bus
facilities........................................ 1,500,000
Volusia County buses and bus facilities............. 2,000,000
State of Georgia:
Chatham bus facility................................ 4,000,000
MARTA buses......................................... 5,000,000
State of Hawaii: Honolulu buses and bus facility........ 5,000,000
State of Illinois: Buses and bus facilities............. 4,500,000
State of Indiana:
Indianapolis buses.................................. 2,000,000
South Bend intermodal facility...................... 2,000,000
State of Iowa:
Statewide bus and bus facilities.................... 2,750,000
Sioux City park and ride facility................... 1,250,000
State of Kansas: Johnson County bus maintenance/
operations facility................................. 1,000,000
State of Louisiana:
Statewide buses and bus facilities.................. 13,900,000
State of Maryland: Buses and bus facilities............. 8,000,000
Commonwealth of Massachusetts:
Franklin RTA buses.................................. 500,000
Greenfield Montague Transportation Area buses....... 700,000
South Station intermodal transportation center...... 1,000,000
Springfield intermodal center....................... 1,000,000
Worcester Union Station............................. 3,000,000
State of Michigan: Buses and bus facilities............. 7,500,000
State of Minnesota:
Metropolitan Council transit operations, buses and
bus facilities.................................... 9,000,000
St. Paul, Snelling bus garage....................... 1,500,000
State of Mississippi: Jackson bus facility.............. 2,000,000
State of Missouri:
Kansas City buses and fare box collection system.... 3,500,000
Kansas City Union Station intermodal center......... 4,500,000
State of Missouri bus and bus facilities............ 8,000,000
State of Nevada:....................................
Clark County buses.................................. 8,000,000
Reno, Washoe County Regional Transportation
Commission, buses and bus facilities.............. 1,500,000
State of New Jersey: NJ Transit alternative fuel buses.. 6,000,000
State of New Mexico:
Albuquerque uptown transit center................... 1,000,000
Demonstration of universal electric transportation
subsystems (DUETS)................................ 1,000,000
Las Cruces, Santa Fe, and Albuquerque park and ride. 1,000,000
Sante Fe buses and bus facilities................... 1,000,000
Statewide, buses and bus facilities................. 3,750.000
State of New York:
Nassau County and Long Island buses and bus
facilities (Goodwill Games)....................... 1,000,000
Nassau County natural gas buses..................... 5,000,000
New Rochelle intermodal facility.................... 1,500,000
New York City natural gas buses..................... 7,500,000
NFTA HUBLINK program................................ 1,000,000
Poughkeepsie intermodal facility.................... 2,000,000
Rensselaer County intermodal facility............... 1,875,000
Staten Island/Brooklyn mobility project............. 1,000,000
Suffolk County buses................................ 2,150,000
Syracuse buses...................................... 4,300,000
Westchester County buses............................ 5,000,000
Yonkers intermodal facility......................... 2,000,000
State of North Carolina:
Chapel Hill University of North Carolina buses...... 1,000,000
Statewide buses and bus facilities.................. 5,000,000
State of Ohio: Buses and bus facilities................. 12,500,000
State of Oregon:
Eugene-Springfield-Lane County buses and bus
facilities........................................ 1,000,000
Lane Transit District bus system.................... 1,000,000
Salem and Corvallis buses and bus facilities........ 1,000,000
Commonwealth of Pennsylvania:
Allegheny County buses.............................. 1,000,000
Armstrong Mid-County buses and bus facility......... 200,000
Berks Area Reading transit intermodal facility...... 500,000
Cambria County buses and bus facilities............. 800,000
Fayette and Somerset buses, vans, and bus facilities 600,000
Indiana County buses................................ 500,000
Lackawanna County paratransit vans.................. 300,000
Lawrence County buses............................... 1,000,000
Lehigh and Northampton buses........................ 1,000,000
Mid Mon Valley transit authority buses.............. 750,000
New Castle area transit authority buses............. 750,000
North Philadelphia intermodal facility.............. 1,000,000
Philadelphia Eastwick intermodal center............. 1,000,000
Schuykill County buses.............................. 200,000
Scranton buses and bus facility..................... 1,500,000
SEPTA buses......................................... 7,500,000
Towanda Borough intermodal bus facility............. 2,000,000
Wilkes-Barre intermodal facility.................... 1,500,000
Williamsport buses and bus facility................. 1,250,000
Statewide bus and bus facilities projects........... 4,000,000
State of South Carolina:
Columbia buses and facility......................... 2,000,000
Pee Dee Regional Planning Authority, buses and
facilities........................................ 3,000,000
Virtual Transit Enterprise, integration of transit
information processing systems.................... 1,000,000
State of South Dakota: Statewide bus and bus facilities. 2,250,000
State of Tennessee: Buses and bus facilities............ 8,000,000
State of Texas:
Austin buses........................................ 3,000,000
Brazos Transit Authority, transit facilities and
buses............................................. 3,000,000
Corpus Christi bus facilities....................... 1,950,000
El Paso buses....................................... 1,000,000
Fort Worth buses.................................... 1,500,000
Galveston alternatively fueled vehicles............. 2,000,000
Rural Texas bus replacement program................. 2,500,000
State of Utah:
Utah Transit Authority Olympic park and ride lots... 2,000,000
Park City Transit buses............................. 400,000
Utah Transit Authority bus acquisition.............. 2,000,000
Utah Transit Authority Olympic intermodal
transportation centers............................ 2,500,000
Statewide buses and bus facilities.................. 2,000,000
State of Vermont:
Burlington multimodal center........................ 1,500,000
Statewide bus and bus facilities.................... 1,000,000
Commonwealth of Virginia:
Clarendon canopy project............................ 250,000
Falls Church electric buses......................... 400,000
Dulles corridor buses and bus facilities............ 2,500,000
Richmond multimodal center.......................... 2,500,000
State of Washington:
Bremerton buses and transportation center........... 1,000,000
Chelan-Douglas multimodal center.................... 1,000,000
Community Transit, Kasch Park facility.............. 1,500,000
Everett intermodal center........................... 2,500,000
King County multimodal facility..................... 1,000,000
King County metro commuter intermodal connector..... 1,500,000
King County park and ride lots...................... 5,000,000
Olympic Peninsula International Gateway
Transportation Center............................. 1,000,000
Snohomish County buses.............................. 2,500,000
Tacoma Dome station project......................... 1,500,000
Thurston County intercity buses..................... 1,000,000
Whatcom Transportation Authority, facilities........ 1,500,000
State of West Virginia:
Huntington intermodal facility and buses............ 7,000,000
Statewide buses and bus facilities, communications
and computer systems.............................. 9,250,000
State of Wisconsin:
Milwaukee rail station rehabilitation............... 1,000,000
Wisconsin Transit System buses...................... 13,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 400,975,000
Mobile, Alabama intermodal facility.--The conference
agreement includes $5,500,000 for phase 1 of an intermodal and
transit transfer facility in the city of Mobile, Alabama. These
funds are to be used for preliminary engineering, design, site
acquisition, improvement and rehabilitation of an intermodal
facility to link local transit, intercity bus and passenger
rail, automobile, for-hire transportation and charter/excursion
tours in the downtown area. The conferees encourage the city to
seek additional appropriations in fiscal year 1999 to complete
phase 2 of the intermodal facility.
Lake Tahoe intermodal center.--The conferees urge the
Administrator to consider funds that have already been spent by
non-federal sources on planning of this project towards the
local match requirements.
State of Louisiana.--The conference agreement includes
$13,900,000 for the state of Louisiana to be distributed as
follows: Baton Rouge bus-related facilities, $600,000;
Jefferson Parish buses, $1,200,000; Lafayette bus-related
facility, $750,000; Lake Charles buses, $150,000; LA DOTD vans
and equipment, $700,000; Monroe buses and bus-related
equipment, $800,000; New Orleans buses and bus-related
facilities, $7,500,000; Shreveport buses and bus-related
facility, $400,000; and St. Tammany Parish bus and bus-related
facility, $300,000.
State of Michigan.--The conference agreement includes
$7,500,000 for the state of Michigan. In addition to the funds
provided in this Act, the conferees direct the FTA to make
available to the state of Michigan for the procurement of buses
and bus-related equipment funds originally provided in the
fiscal year 1995 Department of Transportation and Related
Agencies Appropriations Act for a passenger intermodal transit
center in Detroit, Michigan.
New fixed guideway systems.--The conference agreement
deletes language proposed by the House that would make
distribution of the funds available for new fixed guideway
systems subject to authorization. The Senate bill contained no
similar provisions. The conference agreement provides for the
following distribution of the recommended funding for new fixed
guideway systems as follows:
Project Conference level
Atlanta-North Springs project........................... $44,600,000
Austin Capital metro.................................... 1,000,000
Boston Piers MOS-2 project.............................. 46,250,000
Boston urban ring....................................... 1,000,000
Burlington-Essex, VT, commuter rail..................... 5,000,000
Canton-Akron-Cleveland commuter rail project............ 2,000,000
Charleston monobeam rail project........................ 1,500,000
Charlotte South corridor transitway project............. 1,000,000
Cincinnati Northeast/Northern Kentucky rail line project 500,000
Clark County, Nevada, fixed guideway project............ 5,000,000
Cleveland blue line extension to Highland Hills project. 800,000
Cleveland Berea red line extension to Hopkins
International Airport............................... 700,000
Cleveland waterfront line extension project............. 1,000,000
Dallas-Fort Worth RAILTRAN project...................... 8,000,000
DART North central light rail extension project......... 11,000,000
DeKalb County, Georgia light rail project............... 1,000,000
Denver Southwest corridor project....................... 23,000,000
East Side access project, New York...................... 20,000,000
Florida Tri-County commuter rail project................ 8,000,000
Galveston rail trolley system project................... 2,000,000
Houston advanced regional bus plan project.............. 1,000,000
Houston regional bus project............................ 51,100,000
Indianapolis Northeast corridor project................. 1,250,000
Jackson, Mississippi intermodal corridor project........ 3,000,000
Los Angeles MOS-3 project............................... 61,500,000
MARC commuter rail improvements......................... 31,000,000
Memphis, Tennessee regional rail project................ 1,000,000
Metro-Dade transit east-west corridor project........... 5,000,000
Miami North 27th Avenue project......................... 5,000,000
Mission Valley East corridor project.................... 1,000,000
Nassau hub rail link EIS................................ 500,000
New Jersey--Hudson-Bergen project....................... 60,000,000
New Jersey Secaucus project............................. 27,000,000
New Orleans Canal Street corridor project............... 6,000,000
New Orleans Desire streetcar project.................... 2,000,000
North Carolina Research Triangle Park project........... 12,000,000
Northern Indiana South Shore commuter rail project...... 4,000,000
Oceanside-Escondido light rail project.................. 3,000,000
Oklahoma City MAPS corridor transit project............. 1,600,000
Orange County transitway project........................ 2,000,000
Orlando Lynx light rail project......................... 31,800,000
Pennsylvania Strawberry Hill/Diamond Branch rail project 500,000
Phoenix metropolitan area transit project............... 4,000,000
Pittsburgh airport busway project....................... 5,000,000
Portland--Westside/Hillsboro project.................... 63,400,000
Roaring Fork Valley rail................................ 2,000,000
Sacramento LRT project.................................. 20,300,000
Salt Lake City South LRT project........................ 63,400,000
Salt Lake City regional commuter rail................... 4,000,000
San Bernardino Metrolink project........................ 1,000,000
San Diego Mid-Coast corridor project.................... 1,500,000
San Francisco BART extension to the airport project..... 29,900,000
San Juan Tren Urbano.................................... 15,000,000
San Jose Tasman LRT project............................. 21,400,000
Seattle-Tacoma commuter and light rail projects......... 18,000,000
St. Louis--St. Claire LRT extension project............. 30,000,000
St. George ferry terminal project....................... 2,500,000
Springfield-Branson, MO commuter rail................... 500,000
Tampa Bay regional rail project......................... 1,000,000
Tidewater, Virginia rail project........................ 2,000,000
Toledo, Ohio rail project............................... 1,000,000
Twin Cities transitways projects........................ 12,000,000
Virginia Railway Express Fredericksburg to Washington
commuter rail project............................... 2,000,000
Whitehall ferry terminal project........................ 2,500,000
Wisconsin central commuter rail project (METRA)......... 3,000,000
Charleston, SC monobeam rail project.--The conference
agreement provides $1,500,000 for conceptual planning and
engineering and related work for a full-scale demonstration
monobeam rail line in the Charleston, South Carolina area.
Denver southwest corridor project.--Congress has stated
clearly that airport funds should not be used for non-airport
purposes. Moreover, the House Subcommittee on Transportation
Appropriations has stated that it will consider any action to
divert revenue illegally from airports in all its decisions
regarding funding for transportation projects within its
jurisdiction. The conferees are concerned that the City of
Denver may be considering the diversion of airport revenues to
buy rights of way from the Union Pacific Railroad. The
Inspector General is directed to inform the House and Senate
Committees on Appropriations and the Federal Aviation
Administration immediately should an illegal diversion of
airport revenue occur.
Los Angeles MOS-3 project.--The conference agreement
provides $61,500,000 for the Los Angeles MOS-3 project, of
which $24,000,000 shall be available for the East Side
extension, together with the required local matching funds. The
conferees agree that none of the funds in this Act shall be
available until (1) after the LACMTA produces a financially
constrained rail recovery plan which complies with the consent
decree for enhanced bus service; (2) the FTA conducts a final
review and accepts the plans and certifies to the House and
Senate Committees on Appropriations that the fiscal management
of the project meets or exceeds accepted U.S. government
standards; (3) the General Accounting Office and the Department
of Transportation's inspector generalconduct an independent
analysis of the plans and provide such analysis to the House and Senate
Committees on Appropriations within sixty days of FTA accepting the
plan; (4) the House and Senate have concluded their review of the
analysis within sixty days of the transmittal of the analysis to the
Committees; and (5) after the FTA has re-negotiated parts 1A and 1B of
the MOS-3 full funding grant agreement.
Pittsburgh airport busway project.--In conjunction with
the FTA and its project management oversight consultant, the
Port Authority of Allegheny County, Pennsylvania has developed
a recovery plan for the Phase I Pittsburgh Airport Busway/
Wabash HOV facility in order to address budget and schedule
variances from the original full funding grant agreement. The
conferees believe that the recovery plan has yielded a revised
project scope that will provide virtually all of the transit
benefits within the original full funding grant agreement
amount of $326.8 million. The conference agreement provides
$5,000,000 for the Pittsburgh busway project, completing the
federal government's commitment to the project.
The FTA has proposed to deobligate $19,410,000 of funds
necessary to implement the recovery plan. These funds have
already been provided by Congress for this project. Retaining
these already-appropriated and obligated funds and adding the
final $5,000,000 will complete the full funding grant
agreement. Accordingly, the conferees direct the FTA not to
deobligate the funds already obligated to the Port Authority.
Twin Cities transitways project.--The conference
agreement provides $12,000,000 for the Twin Cities Transitways
project. Of this amount, not less than $10,500,000 is provided
for the development and construction of the Hiawatha Corridor
fixed guideway. Up to $1,500,000 may be available for the
planning, analysis and engineering on the Riverview, Northstar
and Northwest Corridors, including a major investment study of
the Riverview Corridor. In the Northstar and Northwest
Corridors, a portion of the $1,500,000 may be used for minor
transit improvements, as well as planning, analysis and
engineering of transit routes and alternatives, including
commuter rail.
Virginia Railway Express (VRE) Fredericksburg to
Washington commuter rail project.--The conferees agree that the
funds provided in this Act shall be distributed as follows:
$1,100,000 shall be available for right-of-way acquisition at
Route 123 and Route 1 to provide direct access to the
Woodbridge station of the VRE and $900,000 shall be available
to improve pedestrian safety at the King Street Metro and VRE
station area.
Wisconsin central commuter rail project.--The conference
agreement includes $3,000,000 for Wisconsin central commuter
rail, or Metra. Funds provided in this Act are to be available
for engineering and design work on proposed expansions to the
Metra system, as well as station reconstruction on the South
Shore line in Chicago.
MASS TRANSIT CAPITAL FUND
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The conference agreement provides $2,350,000,000 in
liquidating cash for mass transit capital programs, as proposed
by both the House and the Senate.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
The conference agreement includes $200,000,000 for the
construction of the Washington, DC Metrorail system, as
proposed by the House instead of $160,000,000 as proposed by
the Senate.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
The conference agreement appropriates $11,200,000 for
operations and maintenance of the Saint Lawrence Seaway
Development Corporation as proposed by the House. The Senate
bill presumed that authorizing legislation would convert the
Corporation into a performance-based organization, requiring no
direct appropriation in fiscal year 1998.
Research and Special Programs Administration
RESEARCH AND SPECIAL PROGRAMS
The conference agreement appropriates $28,450,000 for
research and special programs as proposed by the Senate instead
of $27,934,000 as proposed by the House. The conferees have
made the following reductions to the budget estimate:
Reduction in hazardous materials personnel, compensation
and benefits........................................ -$150,000
Limit research and development activities............... -1,850,000
Increase funding for crisis response center............. +450,000
Reduction in program support personnel, compensation and
benefits............................................ -102,000
--------------------------------------------------------
____________________________________________________
Net change to the budget request.................. -1,652,000
Crisis response center.--The conferees have provided
$450,000 for a transportation emergency preparedness and
response demonstration project, as described in the Senate
report. The state should provide at least $300,000 in cost
sharing for this project. The conferees expect that the
establishment of this center will be a one-time occurrence and
do not expect the department to provide ongoing consulting or
other services for the center.
Program and administrative support.--The conferees
recommend $8,219,000 for program and administrative support.
The conferees agree that a $102,000 reduction in program and
administrative support shall be allocated at the discretion of
the administrator, and permit the administration to continue
using detailees as necessary.
Simultaneous vehicle and infrastructure design.--The
conferees direct the Secretary of Transportation to submit a
letter to the House and Senate Committees on Appropriations on
the concept of simultaneous vehicle and infrastructure design
by January 30, 1998.
Bill language, as proposed by the House, permitting
credits to this appropriation to be used for expenses related
to training, report publication, and dissemination, and for
travel expenses incurred in the performance of hazardous
materials exemptions and approval functions has been retained
in the conference agreement. The Senate bill proposed similar
language, but did not restrict the credit of funds received
from state and other public and private authorities expenses
only to travel.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
The conference agreement provides total funding of
$31,300,000 for the pipeline safety program, instead of
$31,486,000 as proposed by the House and $31,000,000 as
proposed by the Senate. In addition, the conferees have
provided $1,465,000 from the reserve fund for one-call
notification activities and some contract programs, instead of
$1,000,000 for one-call activities as proposed by the House and
$2,000,000 for one-call activities and some contract programs
as proposed by the Senate.
The following table summarizes the conference agreement
by budget activity and funding sources:
----------------------------------------------------------------------------------------------------------------
Oil spill
Budget activity Pipeline liability Reserve fund Total
safety fund trust fund \1\
----------------------------------------------------------------------------------------------------------------
Personnel, compensation and benefits............ $7,706,000 $259,000 -- $7,965,000
Operating expenses.............................. 3,687,000 -- -- 3,687,000
Contract programs: 2,942,000 713,000 $365,000 4,020,000
(Information systems)....................... -- -- -- (1,200,000)
(Risk assessment and technical studies)..... -- -- -- (1,200,000)
(Compliance)................................ -- -- -- (300,000)
(Training and information dissemination).... -- -- -- (820,000)
(Emergency notification).................... -- -- -- (100,000)
(National public education)................. -- -- -- (400,000)
Oil pollution act............................... -- 2,328,000 -- 2,328,000
Research and development........................ 1,165,000 -- -- 1,165,000
Grants: 12,500,000 -- -- 12,500,000
(State grants).............................. (12,000,000) -- -- (12,000,000)
(Risk management grants).................... (500,000) -- -- (500,000)
One-call program................................ -- -- 1,100,000 1,100,000
---------------------------------------------------------------
Total..................................... 28,000,000 3,300,000 1,465,000 32,765,000
----------------------------------------------------------------------------------------------------------------
\1\ Funding derived from the reserve fund is not directly appropriated.
Coal log pipeline research study.--The conferees agree
that the office of pipeline safety shall not complete a
research study on coal log pipelines, as requested by the
Senate, since the issue falls outside the scope and expertise
of this office.
EMERGENCY PREPAREDNESS GRANTS
The conference agreement provides $200,000 for emergency
preparedness grants as proposed by both the House and the
Senate.
Office of Inspector General
Salaries and Expenses
The conference agreement includes $42,000,000 for
salaries and expenses of the office of inspector general as
proposed by the House instead of $38,900,000 as proposed by the
Senate.
Surface Transportation Board
salaries and expenses
The conference agreement provides $13,853,000 for
salaries and expenses of the Surface Transportation Board
instead of $15,853,000 as proposed by the House and $12,300,000
as proposed by the Senate. In addition, the conference
agreement includes language that permits the Board to collect
$2,000,000 in fees to supplement its appropriation in fiscal
year 1998, instead of $3,100,000 as proposed by the Senate. The
House bill provided the Board with the ability to offset
$2,000,000 of its appropriation from fees collected during the
fiscal year. The conferees agree that any fees received in
excess of $2,000,000 in fiscal year 1998 shall not be available
for obligation until October 1, 1998, as proposed by the House.
The Senate bill proposed that fees in excess of $3,100,000
shall not be available until October 1, 1998.
Bureau of Transportation Statistics
Funding for the Bureau of Transportation Statistics (BTS)
is provided through the federal-aid highways budget. The
Intermodal Surface Transportation Efficiency Act of 1991
(ISTEA) authorized $25,000,000 for fiscal year 1997, and the
conference agreement defers funding decisions for fiscal year
1998 to the appropriate authorizing committees which shall
determine BTS' funding levels in fiscal year 1998 in the
context of the reauthorization of ISTEA. The conferees are
concerned, however, that the BTS has sought to reduce
activities of the Office of Airline Information (OAI), whose
mission is to provide the US government, the department and
other users with uniform and comprehensive financial, traffic,
and economic data on individual air carrier operations and the
air transportation industry, citing insufficient funding. Last
year the conferees noted that ample funding was provided
through BTS' core program to fund all on-going activities
related to OAI, and the conferees again expect that all OAI
activities shall be fully funded in fiscal year 1998 within the
core funding provided to the BTS.
TITLE II--RELATED AGENCIES
Architectural and Transportation Barriers Compliance Board
The conference agreement provides $3,640,000 for salaries
and expenses of the Architectural and Transportation Barriers
Compliance Board as proposed by both the House and the Senate.
National Transportation Safety Board
salaries and expenses
The conference agreement appropriates $48,371,000 for
salaries and expenses of the National Transportation Safety
Board instead of $46,000,000 as proposed by the House and
$49,700,000 as proposed by the Senate. At this level, the
conferees agree that sufficient funding is provided to fund 402
positions and to continue operating the communications center
on a contract basis.
emergency fund
The conference agreement provides $1,000,000 to the
National Transportation Safety Board's emergency fund, as
proposed by both the House and the Senate.
TITLE III
General Provisions
The conference agreement includes general provisions that
were in both the House and Senate versions of the bill that
were not amended.
The conference agreement modifies the section on the
distribution of the Federal-aid highway obligation authority
contained in both the House and Senate bills by deleting the
provisions relating to bonus limitation. The conference
agreement prohibits bonus obligations and includes the
limitation on federal-aid highway obligations during the period
October 1 through December 31, 1997, as proposed by the House.
The Senate bill contained no similar limitations.
The conference agreement includes the Senate provision
that redefines the term ``capital project'' under the Federal
Transit Administration's formula grants program to allow
preventive maintenance and other activities to be funded as a
capital expense. Also, the provision allows areas under 200,000
in population to use formula assistance grants for any transit
purpose, including capital, planning and operating costs. The
House bill contained no similar provision.
The conference agreement includes the House provision
that limits funds to compensate in excess of 350 staff years
under the federally funded research and development contract
between the Federal Aviation Administration and the Center for
Advanced Aviation Systems Development. The Senate bill
contained no similar provision.
The conference agreement modifies the House provision
that reduces funding for activities of the transportation
administrative service center of the Department of
Transportation and limits obligation authority of the center to
$118,800,000. The Senate bill contained no similar provision.
The conference agreement includes the House provision
that prohibits funds to be used to prepare, propose, or
promulgate any regulation pursuant to title V of the Motor
Vehicle Information and Cost Savings Act 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. The Senate bill contained no similar provision.
The conference agreement includes the House provision
that prohibits the use of funds to be used for planning,
engineering, design or construction of a sixth runway at the
new Denver International Airport unless the Federal Aviation
Administrator determines that safety conditions warrant
obligation of such funds, and allows funds to be used for
planning or analysis of airport noise issues related to a sixth
runway. The Senate bill contained no similar provision.
The conference agreement includes the Senate technical
correction to the House provision that allows for the sale and
credit of receipts for Bureau of Transportation Statistics data
products.
The conference agreement includes the House provision
that prohibits the use of funds for any type of training which:
(a) does not meet needs for knowledge, skills, and abilities
bearing directly on the performance of official duties; (b)
could be highly stressful or emotional to the students; (c)
does not provide prior notification of content and methods to
be used during the training; (d) contains any religious
concepts or ideas; (e) attempts to modify a person's values or
lifestyle; or (f) is for AIDS awareness training, except for
raising awareness of medical ramifications of AIDS and
workplace rights. The Senate bill contained no similar
provision.
The conference agreement includes the House provision
that requires the Federal Transit Administration's oversight of
the Washington Metropolitan Area Transit Authority (WMATA) to
be based in Washington, D.C. metropolitan area. The Senate bill
contained no similar provision.
The conference agreement includes the Senate provision
that limits the necessary expenses of advisory committees to
$1,000,000. The House bill contained no similar provision.
The conference agreement includes ``or fees collected by
the Board'' as proposed by the Senate as funds to be used for
conducting the activities of the Surface Transportation Board.
The House proposed to use only appropriated funds.
The conference agreement includes the House provision
that prohibits the use of funds for the improvement of Miller
Highway in New York City, New York. The Senate bill contained
no similar provision.
The conference agreement includes the House provision
that prohibits funds to implement or enforce regulations that
would result in slot allocations for international operations
to any carrier at O'Hare International Airport in excess of the
number of slots allocated to and scheduled by that carrier as
of October 1, 1993, if that slot is withdrawn from an air
carrier under existing regulations. The Senate bill contained
no similar provision.
The conference agreement includes the Senate provision
that directs the Federal Aviation Administration to provide
real-time weather and runway observation and other such
functions at Dutch Harbor, Alaska. The House bill contained no
similar provision.
The conference agreement includes the Senate provision
that limits the number of communities that receive essential
air service funding by excluding points in the 48 contiguous
United States that are located 70 highway miles from the
nearest large or medium hub airport, or that require a subsidy
in excess of $200 per passenger, unless such a point is more
than 210 miles from the nearest large or medium hub airport.
The House bill contained no similar provision.
The conference agreement modifies the Senate provision on
the definition of ``passenger capacity of 56 passengers or
less'' for reconfigured aircraft under section 29(a)(2) of the
International Air Transportation Competition Act of 1979. This
provision is discussed under Federal Aviation Administration,
Operations. The House bill contained no similar provision.
The conference agreement modifies the Senate provision
that credits to appropriations of the Department of
Transportation 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. Such funds received
shall be available until December 31, 1998, instead of December
31 of the next fiscal year. The House bill contained no similar
provision.
The conference agreement includes the Senate provision
that directs the Department of the Navy to transfer an inactive
Navy vessel, USNS EDENTON (ATS-1), to the Coast Guard. The
House bill contained no similar provision.
The conference agreement modifies the Senate provision
that clarifies the treatment of airport revenues in the State
of Hawaii. Any existing obligations, trust or otherwise, to
Native Hawaiians, Native Americans, or Alaskan Natives with
respect to ceded lands, arising under existing federal or State
statutes, remain unaffected. The agreement only prohibits
airport revenues from being used to satisfy any such
obligations. Therefore, the State of Hawaii's obligations to
Native Hawaiians arising under the Admission Act (Public Law
96-3, 93 Stat. 4) remain unaffected by this provision, except
that airport revenues may not be used to satisfy those
obligations. The House bill contained no similar provision.
The conference agreement includes the Senate provision
that prohibits the Coast Guard from issuing or enforcing
regulations regarding animal fats and vegetable oils. The House
bill contained no similar provision.
The conference agreement includes the Senate provision
that authorizes the Secretary of Transportation to allow
issuers to redeem or repurchase preferred stock sold to the
Department of Transportation. The House bill contained no
similar provision.
The conference agreement includes the Senate provision
that extends the expiration date from September 30, 1997 to
February 28, 1998 relating to the operation of longer
combination vehicles in the State of Nebraska. The House bill
contained no similar provision.
The conference agreement modifies the Senate provision
that would have required the Federal Aviation Administration to
implement pilot record sharing requirements of section 44936(f)
of title 49, U.S.C., not later than February 1, 1998, if
possible, and to work with non-scheduled air carriers under
part 135 of the Federal Aviation Administration's regulations
to implement such requirements. The conference agreement
prohibits funds being used to enforce pilot record sharing
requirements against unscheduled operations of part 135
carriers unless the Federal Aviation Administration determines
that such records can be provided within 30 days. The
Administrator shall report to Congress if that determination
cannot be made within 150 days of enactment of this Act. The
House bill contained no similar provision.
The conference agreement includes the Senate provision
that requires the Secretary of Transportation to exercise the
exemption authority under section 41714 of title 49, U.S.C.,
with respect to certain air service between slot-controlled
airports subject to that authority and non-hub points, within
120 days after receiving a request for such an exemption. The
House bill contained no similar provision.
The conference agreement includes the Senate provision
that provides for the development and operation of the
nationwide differential global positioning system. The House
bill contained no similar provision.
The conference agreement includes a provision that
authorizes the Secretary of Transportation to transfer funds
appropriated to the Coast Guard in fiscal year 1993 in order to
pay rent assessments by the General Services Administration
related to prior year space needs of the Department. The Senate
bill contained a provision that authorizes the Secretary of
Transportation to transfer funds to make rental payments to the
General Services Administration in excess of the amounts
provided in the bill. The House bill contained no similar
provision.
The conference agreement includes a provision which
precludes Members of Congress from participating in a
retirement plan change open season. The House and Senate bills
contained no similar provision.
Those general provisions that were not included in the
conference agreement follow:
The conference agreement deletes the Senate provision
that allows the Department of Transportation to transfer up to
5 percent of any discretionary appropriation to another
appropriation provided that the recipient account does not
increase by more than 10 percent, and provides that any
transfer be treated as a reprogramming of funds. The House bill
contained no similar provision.
The conference agreement deletes the Senate provision
that authorizes the Department of Transportation to receive and
use funds resulting from fees charged to providers of
telecommunications services for using Federal property for the
siting of mobile service antennas. The House bill contained no
similar provision.
The conference agreement deletes the Senate provision
that allows the Federal Aviation Administration to approve
closing the Richards-Gebaur Memorial Airport in Kansas City,
Missouri, and the Bader Field in Atlantic City, New Jersey, as
public airports and redeveloping such property for non-
aeronautical use. The House bill contained no similar
provision.
The conference agreement has deleted, without prejudice,
the language included in the Senate bill regarding Richards-
Gebaur Memorial Airport located in Kansas City, MO and Bader
Field located in Atlantic City, NJ. The conferees believe that
additional statutory authorities are not necessary for the FAA
to make the necessary findings regarding closure of civil
aviation airports.
The conference agreement deletes the Senate provision
that directs the New York Metropolitan Transportation Authority
(MTA) to use its transit formula grants to study the costs and
benefits of instituting an integrated fare system for commuters
who use both the Metro North Railroad or the Long Island Rail
Road and the New York City subway or bus systems, and to report
to the Senate Appropriations Committee. The House bill
contained no similar provision. The conferees understand that
the MTA is prepared to undertake the preceding study using
funds available to the MTA, and direct that the results of the
study be submitted to the House and Senate Committees on
Appropriations within 45 days of enactment of this Act.
The conference agreement deletes the Senate provision
that provides up to $20,000,000 to the State of Michigan and
$12,000,000 to the State of Illinois from transit discretionary
grants for buses and bus facilities. The House bill contained
no similar provision.
The conference agreement deletes the Senate provision
that expresses the sense of the Senate concerning the imminent
expiration of highway and mass transit spending authorizations
and the function of this bill. The House bill contained no
similar provision.
CONFERENCE TOTAL--WITH COMPARISONS
The total new budget (obligational) authority for the
fiscal year 1998 recommended by the Committee of Conference,
with comparisons to the fiscal year 1997 amount, the 1998
budget estimates, and the House and Senate bills for 1998
follow:
New budget (obligational) authority, fiscal year 1997... $12,068,308,000
Budget estimates of new (obligational) authority, fiscal
year 1998........................................... 13,115,727,000
House bill, fiscal year 1998............................ 13,162,271,000
Senate bill, fiscal year 1998........................... 12,808,122,883
Conference agreement, fiscal year 1998.................. 13,062,718,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year
1997.............................................. +994,410,000
Budget estimates of new (obligational) authority,
fiscal year 1998.................................. -53,009,000
House bill, fiscal year 1998........................ -99,553,000
Senate bill, fiscal year 1998....................... +254,595,117
Frank R. Wolf,
Tom DeLay,
Ralph Regula,
Harold Rogers,
Ron Packard,
Sonny Callahan,
Todd Tiahrt,
Robert B. Aderholt,
Bob Livingston,
Martin Olav Sabo,
Thomas M. Foglietta,
Esteban Edward Torres,
John W. Olver,
Ed Pastor,
David R. Obey,
Managers on the Part of the House.
Richard C. Shelby,
Pete V. Domenici,
Arlen Specter,
Christopher S. Bond,
Slade Gorton,
Robert F. Bennett,
Lauch Faircloth,
Ted Stevens,
Frank R. Lautenberg,
Robert C. Byrd,
Barbara A. Mikulski,
Harry Reid,
Herb Kohl,
Patty Murray,
Daniel K. Inouye,
Managers on the Part of the Senate.