d3513ad6de7735add8dc7953d92934f5c1159fa910c73ce100f570038d058799

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).

d283da5c50f3ef545badae9652081bb7a6cbb4c4285cc8f7b06ddb188e86d48a

TITLE III

-GENERAL PROVISIONS

raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.

9f3dd04778891b0a2ba590a02342d188e4274a02bdcd31e4bb1144dd8b2bb839

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.

01c358fac294ecb3ec58d4dcac660893e291d4cd368775123390b5d2ce4da3c3

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.

65d5f95393486eddfdfe5984e9789f29d1925764b3aea65f91127fe56387693c

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.

c5cc9d92dd5e34b12b2bd7e8a787f5a783c49c757d219ee6f21fe4fb1c5f650b

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.

cda1ed2f168af7e5e6d713c2ebb70e6b9c340640320b2ebddcf59f9b709d2e80

available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.

3c1eef6b2294358fc769eac53bbfa6547b1c996b581f5d26c96a26f4ba9863ad

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.

343e97da6e95cd9345208d9fdb02a0998710d616f67c22a48ac8c4ad2f33a202

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.

01f642e74033c11ca23cfb10d006b50fa5df5e8282835ee577ee16ceef8a5cdc

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, 1996, 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, 1997, 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, and 144 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,
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 highwaysand highway safety
construction programs under the head ``Federal-Aid Highways'' in this
Act.
(d) During the period October 1 through December 31, 1996, 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 through 1108, 4008, and 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) During the period August 2 through September 30, 1997, the
aggregate amount which may be obligated by all States shall not exceed
2.5 percent of the aggregate amount of funds apportioned or allocated
to all States--
(1) under sections 104 and 144 of title 23, United States Code,
and 1013(c) and 1015 of Public Law 102-240, and
(2) for highway assistance projects under section 103(e)(4) of
title 23, United States Code,
which would not be obligated in fiscal year 1997 if the total amount of
the obligation limitation provided for such fiscal year in this Act
were utilized.
(f) Paragraph (e) shall not apply to any State which on or after
August 1, 1997, has the amount distributed to such State under
paragraph (a) for fiscal year 1997 reduced under paragraph (c)(2).
(g) Increase in Administrative Takedown.--
(1) In general.--Notwithstanding any other provision of law,
for fiscal year 1997 only, whenever an allocation is made of the
sums authorized to be appropriated for expenditure on the Federal
lands highways program, and whenever an apportionment is made of
the sums authorized to be appropriated for expenditure on the
surface transportation program, the congestion mitigation and air
quality improvement program, the National Highway System, the
Interstate maintenance program, the Interstate reimbursement
program, the highway bridge replacement and rehabilitation program,
and the donor State bonus program, the Secretary of Transportation
shall deduct a sum in such amount not to exceed 4\1/4\ per centum
of all sums to be authorized as the Secretary may determine
necessary for administering the provisions of law to be financed
from appropriations for the Federal-Aid Highway Program and for
carrying on the research authorized by subsections (a) and (b) of
section 307 of title 23, United States Code. In making such
determination, the Secretary shall take into account the
unobligated balance of any sums deducted for such purposes in prior
years. The sum so deducted shall remain available until expended.
(2) Effect.--Any deduction by the Secretary of Transportation
in accordance with this Act shall be deemed to be a deduction under
section 104(a) of title 23, United States Code.

fe6e5dd5995c3474cd3171d2a2c8bb89e3db231b8196ae65be02945b8f883707

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.

d94f396abf3a4a2277e825293138339ed88ffeca520ad9aac508dbe5f5bcd428

section 404 of title 23, United States Code.

e1104e8c83cceddb673e39378a04d42917eb383b7d1cb35b9595fdd0db2582c5

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.

92a6935001d93352b59945e6b6365bb82428fc45e66180c95ae8536c519bafde

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 airportaid 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.

c3ee861d4a0142232b774f9f80127b0ebb116210d402444594347e94c198f00e

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.

8fcf693b09d7a8dcd3bb27de450a7914141613d1f7fbe88c96aeaa4eb440cdfe

available for planning and executing a passenger manifest program by
the Department of Transportation that only applies to United States
flag carriers.

22e3318c991c2339eee9538059dc2263159b5281a5dedd3a690d1b888bff80ef

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, 1999, shall be made available
for other projects under 49 U.S.C. 5309.

483caac2aac557816dde51f7525ed7c3506e03cf1faebd89ebfa39de398267e9

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.

1c219209209d75aead67f99afee04dc8f82675e105d0c27022718c455abdf41d

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.

e7aefe4cb2b04eeefc50abe453bae0049bc431d26dbe59c3e15cd698ea6df47e

in excess of 335 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 1997.

6818ae2040ff2b957569417478d75196286037d613a42bd8d89c7df536599a5f

Administrative Service Center (TASC) shall be reduced by $10,000,000,
which limits fiscal year 1997 TASC obligational authority for elements
of the Department of Transportation funded in this Act to no more than
$114,812,000: 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.

a7f66b22984a2bfab0f18fca2e0773e5ab80e4572fa00c252863e728444b5d79

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.

8722cb5f6fffd3a77e63d5eae3e480d5c49e8b3cfddbda808bb5cc5e003bd612

prepare, propose, or promulgate any regulations pursuant to title V of
the Motor Vehicle Information and Cost Savings Act (49 U.S.C. 32901, et
seq.) prescribing corporate average fuel economy standards for
automobiles, as defined in such title, in any model year that differs
from standards promulgated for such automobiles prior to enactment of
this section.

3e4f2dd98a74d923e6e55da27a88865176e99b53772c6080dd61699e15a8e91c

engineering, design, or construction of a sixth runway at the new
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.

cd922160d6312d7d192e7172423d5649c28edc9b80f472d5bf9e2789fecf001c

Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to the provisions of section 6006
of the Intermodal Surface Transportation Efficiency Act of 1991, 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. That in addition to amounts
otherwise provided in this Act, not to exceed $3,100,000 in expenses of
the Bureau of Transportation Statistics necessary to conduct activities
related to airlinestatistics may be incurred, but only to the extent
such expenses are offset by user fees charged for those activities and
credited as offsetting collections.

0de327c484df21f8a7e5fce24b06b1bad4c61ce8e30a7a62dcd419e61f8552e4

funds appropriated in this Act to ``Rental payments'' for any expense
authorized by that appropriation in excess of the amounts provided in
this Act: Provided, That prior to any such transfer, notification shall
be provided to the House and Senate Committees on Appropriations.

469db9a6f6b739f47dd4321ac45026665542291a6c5b28fbe356c3dc89d2f307

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.

37e9609f4e8c439fcfbcccd1e5d7973f313d9919917d340ccd5e5736f14e0444

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.

8e2eb50f1ae4037eae290852d4246e3cc12fd671d8047e239553bbe86711eecb

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.

9510c4362b1af97c8d54e67db2ce96d597ee80e5abab29a2ccc6b777261b7a3b

for improvements to the Miller Highway in New York City, New York.

4a0ca806a4cd230d148b546b0e9362a4c4d070f5155c5a485c523cda024e33f6

Act for the Department of Transportation shall be available for the
necessary expenses of advisory committees.

e995c6ec567626840c854adf7b22defe700bd09441b40f60488481e0c48122f5

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.

ec2fe5645fc9e214e7aaafe8dbc23f1f203070a451c4b9779f3088b407d9f6fa

Transportation Board shall be used for conducting the activities of the
Board.

916653ecb55292ac86a31817b118e0de3142392afe89a5237813071f1e4c42a3

by adding at the end the following new subsection:
``(m) Applicable Procedures.--No State or local building, zoning,
subdivision, or similar or related law, nor any other State or local
law from which a project would be exempt if undertaken by the Federal
Government or an agency thereof within a Federal enclave wherein
Federal jurisdiction is exclusive, including without limitation with
respect to all such laws referenced herein above requirements for
permits, actions, approvals or filings, shall apply in connection with
the construction, ownership, use, operation, financing, leasing,
conveying, mortgaging or enforcing a mortgage of (i) any improvement
undertaken by or for the benefit of Amtrak as part of, or in
furtherance of, the Northeast Corridor Improvement Project (including
without limitation maintenance, service, inspection or similar
facilities acquired, constructed or used for high speed trainsets) or
chapter 241, 243, or 247 of this title or (ii) any land (and right,
title or interest created with respect thereto) on which such
improvement is located and adjoining, surrounding or any related land.
These exemptions shall remain in effect and be applicable with respect
to such land and improvements for the benefit of any mortgagee before,
upon and after coming into possession of such improvements or land, any
third party purchasers thereof in foreclosure (or through a deed in
lieu of foreclosure), and their respective successors and assigns, in
each case to the extent the land or improvements are used, or held for
use, for railroad purposes or purposes accessory thereto. This
subsection (m) shall not apply to any improvement or related land
unless Amtrak receives a Federal operating subsidy in the fiscal year
in which Amtrak commits to or initiates such improvement.''.

4407a3ffacb0a65db022e0fcb294964a5977ea720bed0a6e228b61e180a28131

to construct, or to pay the salaries or expenses of Department of
Transportation personnel who approve or facilitate the construction of,
a third track on the Metro-North Railroad Harlem Line in the vicinity
of Bronxville, New York, when it is made known to the Federal official
having authority to obligate or expend such funds that a final
environmental impact statement has not been completed for such
construction project.

2829ab0d25a9541fef7294743f804f9419c4373dcc882014d5b7787d8659da9f

amended--
(1) by striking ``Westside'' the first place it appears;
(2) by striking ``and'' after ``101-584,''; and
(3) by inserting before the period at the end the following:
``, and the locally preferred alternative for the South/North
Corridor Project''.
Sec. 336a. Section 3035(b) of Public Law 102-240 is hereby amended
by striking ``$515,000,000'' and inserting in lieu thereof
``$555,000,000''.

48370904294c3859f0d901fd38f90e3bf6758d76b240ad301706bafdb1b19bbb

made available to Cleveland for the ``Cleveland Dual Hub Corridor
Project'' or ``Cleveland Dual Hub Rail Project,'' $4,023,030 in funds
made available in fiscal years 1991, 1992, and 1994, under Public Laws
101-516, 102-143, 102-240, 103-122, and accompanying reports, shall be
made available for the Berea Red Line Extension and the Euclid Corridor
Improvement projects.

11e97a925f8a9ec14a69b161d0e100c55616fe1f35b47bd3bcf6269207515b4e

available under section 3035(kk) of Public Law 102-240 for fiscal year
1997 to the State of Michigan shall be for the purchase of buses and
bus-related equipment and facilities.

9819527506d76bc33f7e04bbf95ebe694b545149ffa01cefa0f6d9a845dc3588

there is hereby appropriated $2,400,000 for activities of the National
Civil Aviation Review Commission, to remain available until expended.

709360c724f62a7c73e5658f43f4ffb51ae24f5ff6dce2166e4f18c028ed611c

Administration's Discretionary Grants program for Kauai, Hawaii, in
Public Law 103-122 and Public Law 103-331, $3,250,000 shall be
transferred to and administered in accordance with 49 U.S.C. 5311 and
made available to Kauai, Hawaii.

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Representatives on May 9, 1995, is hereby enacted into law.

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1069(t) of Public Law 102-240 and funded pursuant to section 118(c)(2)
of title 23, United States Code, shall not be treated as an allocation
for Interstate maintenance for such fiscal year under section 157(a)(4)
of title 23, United States Code, and sections 1013(c), 1015(a)(1), and
1015(b)(1) of Public Law 102-240: Provided, That any discretionary
grant made pursuant to Public Law 99-663 shall not be subject to
section 1015 of Public Law 102-240.

9c8b8e211bd347867d9af3dd85ae03da4d50146897b466eb010f3a1097663817

made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In the
case of any equipment or product that may be authorized to be
purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products to
the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing financial
assistance using funds made available in this Act, the head of each
Federal agency shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.

e9a254aaf38056d8cbe6a39e8655c9f1c0b209d943f08b1eadb221aa3fb64acd

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.

8079bc7b96633667123d1919f90a47389991575d05fef7c6621862826a408c56

by the National Transportation Safety Board to plan, conduct, or enter
into any contract for a study to determine the feasibility of allowing
individuals who are more than 60 years of age to pilot commercial
aircraft.

1ae62f1572c2335c787131133a5b7aa46224435f5cfe299ef1d9282d65a28f98

for employees of the Department of Transportation shall be reduced by
$513,604 which limits fiscal year 1997 obligation authority to no more
than $25,448,300: Provided, That this provision shall be applied to
funds for Senior Executive Service bonuses, merit pay, and other
bonuses and cash awards.

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(Amtrak) shall be exempted from any State or local law relating to the
payment or delivery of abandoned or unclaimed personal property to any
government authority, including any provision for the enforcement
thereof, with respect to passenger rail tickets for which no refund has
been or may be claimed, and such law shall not apply to funds held by
Amtrak as a result of the purchase of tickets after April 30, 1972 for
which no refund has been claimed.

7c5b207e45fae292a0b7e34a54feadb65469afe3cc0277d06b5e1a12aa6affe8

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.

3c59eb0c63e511611c2b9ac2d8f4cfad013671e131a48eb953983d1506f6f4a0

Incentive Payments.--
(a) Definitions.--For the purposes of this section--
(1) the term ``agency'' means the following agencies of the
Department of Transportation:
(A) the United States Coast Guard;
(B) the Research and Special Programs Administration;
(C) the Saint Lawrence Seaway Development Corporation;
(D) the Office of the Secretary; and
(E) the Federal Railroad Administration;
(2) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who is employed by the
agency serving under an appointment without time limitation, and
has been currently employed for a continuous period of at least 3
years, but does not include--
(A) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the agency;
(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability retirement
under the applicable retirement system referred to in
subparagraph (A);
(C) an employee who is in receipt of a specific notice of
involuntary separation for misconduct or unacceptable
performance;
(D) an employee who, upon completing an additional period
of service as referred to in section 3(b)(2)(B)(ii) of the
Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597
note), would qualify for a voluntary separation incentive
payment under section 3 of such Act;
(E) an employee who has previously received any voluntary
separation incentive payment by the Federal Government under
this section or any other authority and has not repaid such
payment;
(F) an employee covered by statutory reemployment rights
who is on transfer to another organization;
(G) any employee who, during the twenty-four month period
preceding the date of separation, has received a recruitment or
relocation bonus under section 5753 of title 5, United States
Code, or who, within the twelve month period preceding the date
of separation, received a retention allowance under section
5754 of title 5, United States Code; or
(H) any employee who, upon separation and application,
would be eligible for an immediate annuity under subchapter III
of chapter 83 or chapter 84 of title 5, United States Code (or
another retirement system for employees of the agency), other
than an annuity subject to a reduction under section 8339(h) or
8415(f) of such title (or corresponding provisions of another
retirement system for employees of the agency).
(b) Agency Strategic Plan.--
(1) In general.--The head of an agency, prior to obligating any
resources for voluntary separation incentive payments, shall submit
to the House and Senate Committees on Appropriations and the
Committee on Governmental Affairs of the Senate and the Committee
on Government Reform and Oversight of the House of Representatives
a strategic plan outlining the intended use of such incentive
payments and a proposed organizational chart for the agency once
such incentive payments have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be reduced or
eliminated, identified by organizational unit, geographic
location, occupational category and grade level;
(B) the number and amounts of voluntary separation
incentive payments to be offered; and
(C) a description of how the agency will operate without
the eliminated positions and functions.
(c) Authority To Provide Voluntary Separation Incentive Payments.--
(1) In general.--A voluntary separation incentive payment under
this section may be paid by an agency to any employee only to the
extent necessary to eliminate the positions and functions
identified by the strategic plan.
(2) Amount and treatment of payments.--A voluntary separation
incentive payment--
(A) shall be paid in a lump sum after the employee's
separation;
(B) shall be paid from appropriations or funds available
for the payment of the basic pay of the employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5,
United States Code; or
(ii) an amount determined by an agency head not to
exceed $25,000 in fiscal year 1997;
(D) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit; and
(E) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation.
(3) Limitation.--No amount shall be payable under this section
based on any separation occurring before the date of the enactment
of this Act, or after September 30, 1997.
(d) Additional Agency Contributions to the Retirement Fund.--
(1) In general.--In addition to any other payments which it is
required to make under subchapter III of chapter 83 of title 5,
United States Code, an agency shall remit to the Office of
Personnel Management for deposit to the Treasury of the United
States to the credit of the Civil Service Retirement and Disability
Fund an amount equal to 15 percent of the final basic pay of each
employee of the agency who is covered under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code, to whom a
voluntary separation incentive has been paid under this section.
(2) Definition.--For the purpose of paragraph (1), the term
``final basic pay'', with respect to an employee, means the total
amount of basic pay which would be payable for a year of service by
such employee, computed using the employee's final rate of basic
pay, and, if last serving on other than a full-time basis, with
appropriate adjustment therefor.
(e) Effect of Subsequent Employment With the Government.--An
individual who has received a voluntary separation incentive payment
under this section and accepts any employment for compensation with the
Government of the United States, or who works for any agency of the
United States Government through a personal services contract, within 5
years after the date of the separation on which the payment is based
shall be required to pay, prior to the individual's first day of
employment, the entire amount of the incentive payment to the agency
that paid the incentive payment.
(f) Reductions of Agency Employment Levels.--
(1) In general.--The total number of funded employee positions
in an agency shall be reduced by one position for each vacancy
credited by the separation of any employee who has received, or is
due to receive, a voluntary separation incentive payment under this
section. For the purposes of this subsection, positions shall be
counted on a full-time-equivalent basis.
(2) Enforcement.--The President, through the Office of
Management and Budget, shall monitor each agency and take any
action necessary to ensure that the requirements of this subsection
are met.
(g) Effective Date.--This section shall take effect October 1,
1996.

71d15fcd2b32dc0a75f4553b18a961385fb273125b92e1cb1c51f0569a2cd902

Superior Court of District of Columbia.--
(a) In General.--Subchapter II of chapter 9 of title 11, District
of Columbia Code, is amended by adding at the end the following new
section:
``Sec. 11-925. Rules regarding certain pending child custody cases.
``(a) In any pending case involving custody over a minor child or
the visitation rights of a parent of a minor child in the Superior
Court which is described in subsection (b)--
``(1) at anytime after the child attains 13 years of age, the
party to the case who is described in subsection (b)(1) may not
have custody over, or visitation rights with, the child without the
child's consent; and
``(2) if any person had actual or legal custody over the child
or offered safe refuge to the child while the case (or other
actions relating to the case) was pending, the court may not
deprive the person of custody or visitation rights over the child
or otherwise impose sanctions on the person on the grounds that the
person had such custody or offered such refuge.
``(b) A case described in this subsection is a case in which--
``(1) the child asserts that a party to the case has been
sexually abusive with the child;
``(2) the child has resided outside of the United States for
not less than 24 consecutive months;
``(3) any of the parties to the case has denied custody or
visitation to another party in violation of an order of the court
for not less than 24 consecutive months; and
``(4) any of the parties to the case has lived outside of the
District of Columbia during such period of denial of custody or
visitation.''.
(b) Clerical Amendment.--The table of sections for subchapter II of
chapter 9 of title 11, D.C. Code, is amended by adding at the end the
following new item:
``11-925. Rules regarding certain pending child custody cases.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to cases brought in the Superior Court of the District of
Columbia before, on, or after the date of the enactment of this
Act.
(2) Continuation of provisions until termination.--The
provisions of section 11-925, District of Columbia Code (as added
by subsection (a)), shall apply to any case described in paragraph
(1) until the termination of the case.

391a450c57219d2228472bf6fb2b8b02cd9735a3b69e4bb2bd4d90abf6f4bc43

the Federal Aviation Administration shall--
(a) take such action as may be necessary to provide for an
independent assessment of the acquisition management system of the
Federal Aviation Administration that includes a review of any
efforts of the Administrator in promoting and encouraging the use
of full and open competition as the preferred method of procurement
with respect to any contract that involves an amount greater than
$50,000,000; and
(b) submit to the Congress a report on the findings of that
independent assessment: Provided, That for purposes of this
section, the term ``full and open competition'' has the meaning
provided that term in section 4(6) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(6)).

6dba99745c7afeb8b26862ceb4bc4b544cdf1966c10e977cc670e4e846731c28

subsection:
``(4) Nebraska may continue to allow to be operated under
paragraphs (b)(1) and (b)(2) of this section, the State of Nebraska
may allow longer combination vehicles that were not in actual
operation on June 1, 1991 to be operated within its boundaries to
transport sugar beets from the field where such sugar beets are
harvested to storage, market, factory or stockpile or from
stockpile to storage, market or factory. This provision shall
expire on September 30, 1997.''.

73a91c33888a2dddde7491577107f86f208a763e64f8092b0d19c965e2fc9037

amended by inserting ``rail-highway crossing closure,'' after
``carpooling and vanpooling,''.
(b) Section 130 of such title is amended by adding at the end the
following:
``(i) Incentive Payments for At-Grade Crossing Closures.--
``(1) In general.--Notwithstanding any other provision of this
section and subject to paragraphs (2) and (3), a State may, from
sums available to the State under this section, make incentive
payments to local governments in the State upon the permanent
closure by such governments of public at-grade railway-highway
crossings under the jurisdiction of such governments.
``(2) Incentive payments by railroads.--A State may not make an
incentive payment under paragraph (1) to a local government with
respect to the closure of a crossing unless the railroad owning the
tracks on which the crossing is located makes an incentive payment
to the government with respect to the closure.
``(3) Amount of state payment.--The amount of the incentive
payment payable to a local government by a State under paragraph
(1) with respect to a crossing may not exceed the lesser of--
``(A) the amount of the incentive payment paid to the
government with respect to the crossing by the railroad
concerned under paragraph (2); or
``(B) $7,500.
``(4) Use of state payments.--A local government receiving an
incentive payment from a State under paragraph (1) shall use the
amount of the incentive payment for transportation safety
improvements.''.

89aed65511eb4eb31f1315472d0c26f9e25fee8d614833448aa94be59a2cabf9

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.

ee4a9cea417e2de73a2680a2fe406e45a20e26cceaa57d4642d4569f58885a91

Administration, up to $200,000 may be made available from the Office of
the Administrator to establish and operate the Institute for Railroad
Safety as authorized by the Swift Rail Development Act of 1994.

aa1920b755baa48a25589529509dd3a5175d996fea1d2d559dabf68b7f6fcb3f

levy penalties prior to September 1, 1997, on the States of Maine or
New Hampshire based on non-compliance with Federal vehicle weight
limitations.

f5f558a89b9f22eaca5080038dc0400c333f1dc9e52df3ddd17cf45c04d69f64

units operating in a truck tractor-semitrailer combination whose
semitrailer unit is more than forty-eight feet in length and truck
tractor-semitrailer-trailer combinations specified in section
31111(b)(1) of title 49, United States Code, may not operate on United
States Route 15 in Virginia between the Maryland border and the
intersection with United States Route 29.

343a2be759a7d2d4e66dd0dc30940545db3161dc5092fd50e32f57ebe0a820e6

TITLE IV

-MISCELLANEOUS HIGHWAY PROVISIONS

Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2050), relating to Mobile, Alabama, is amended in the second column by
inserting after ``Alabama'' the following: ``and for feasibility
studies, preliminary engineering, and construction of a new bridge and
approaches over the Mobile River''.

ea1748a9702f228afb9b7ed4c8b04524a43fad6688f0307947e2a5838b8d753d

Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2052), relating to St. Thomas, Virgin Islands, is amended--
(1) by striking ``St. Thomas,''; and
(2) by inserting after ``the island'' the following: ``of St.
Thomas and improvements to the VIPA Molasses Dock intermodal port
facility on the island of St. Croix to make the facility capable of
handling multiple cargo tasks''.

56289bc7f38cce0f3466bcbb6de663a975d8da4d098197d3429bc80dd2792b83

railroad grade crossing separations in Mineola, New York, under the
head ``Highway-Railroad Grade Crossing Safety Demonstration Project
(Highway Trust Fund)'' in House Report 99-976 and section 302(l) of
Public Law 99-591 are hereby also authorized to be appropriated for
other grade crossing improvements in Nassau and Suffolk Counties in New
York and shall be available in accordance with the terms of the
original authoriziaton in House Report 99-976.

f94e48750713eede24844d1f9013c3d7e79920f7d32920f1db709254a33b9f75

enter into an agreement modifying the agreement entered into pursuant
to section 336 of the Department of Transportation and Related Agencies
Appropriations Act, 1995 (Public Law 103-331) and section 356 of the
Department of Transportation and RelatedAgencies Appropriations Act,
1996 (Public Law 104-50) to provide an additional line of credit not to
exceed $25,000,000, which may be used to replace otherwise required
contingency reserves: Provided however, That the Secretary may only
enter into such modification if it is supported by the amount of the
original appropriation (provided by section 336 of Public Law 103-331).
No additional appropriation is made by this section. In implementing
this section, the Secretary may enter into an agreement requiring an
interest rate, on both the original line of credit and the additional
amount provided for herein, higher than that currently in force and
higher than that specified in the original appropriation. An agreement
entered into pursuant to this section may not obligate the Secretary to
make any funds available until all remaining contingency reserves are
exhausted, and in no event shall any funds be made available before
October 1, 1998.

e5112fef9671297a0470daa94acb80576e1e0b18174566cea1cf110579d59c09

``Traffic Improvement Demonstration Project'' by inserting after
``project'' the following: ``or upgrade existing local roads''.

8ea7fa7f3d5b7b4121f7c5bd67a18dc2749391481f61f1c5bf586fb7040410bf

extension study, Whiting, Indiana, under the matter under the heading
``surface transportation projects'' under the heading ``FEDERAL HIGHWAY
ADMINISTRATION'' in title I of the Department of Transportation and
Related Agencies Appropriations Act, 1995 (Public Law 103-331; 108
Stat. 2478), shall be made available to carry out the congestion relief
project for the construction of a 4-lane road and overpass at
Merrillville, Indiana, authorized by item 35 of section 1104(b) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 105 Stat. 2030).

3bfef3f7154bdcb9286c09201e234e6925a05cbdf5cb4af3fbfe2ec826fd65ef

amount appropriated for the highway safety improvement project,
Michigan, under the matter under the heading ``Surface Transportation
Projects'' under the heading ``FEDERAL HIGHWAY ADMINISTRATION'' in
title I of the Department of Transportation and Related Agencies
Appropriations Act, 1995 (Public Law 103-331; 108 Stat. 2478), for the
purposes of right-of-way acquisition for Baldwin Road, and engineering,
right-of-way acquisition, and construction between Walton Boulevard and
Dixie Highway, $2,000,000 shall be made available for construction of
Baldwin Road.

d3ad4ee5f9f2bdb00f2a93af58437b60b7474e285eacfede91bb5c7b7eabc716

(a) In General.--Such portions of the amounts appropriated for the
Minnesota highway projects described in subsection (b) that have not
been obligated as of December 31, 1996, shall be made available to
carry out the 34th Street Corridor Project in Moorhead, Minnesota,
authorized by section 149(a)(5)(A)(iii) of the Surface Transportation
and Uniform Relocation Assistance Act of 1987 (Public Law 100-17; 101
Stat. 181) (as amended by section 340(a) of the National Highway System
Designation Act of 1995 (Public Law 104-59; 109 Stat. 607)).
(b) Projects.--The Minnesota highway projects described in this
subsection are--
(1) the project for Saint Louis County authorized by section
149(a)(76) of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (Public Law 100-17; 101 Stat. 192); and
(2) the project for Nicollet County authorized by item 159 of
section 1107(b) of the Intermodal Surface Transportation Efficiency
Act of 1991 (Public Law 102-240; 105 Stat. 2056).

24e63d7fe94263ebf73f5a4ae44584e337eec8b42b45c973831aaa8b7cd3255c

items 19 and 20 in the table contained in section 1107(b) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2037-2059) are each amended by inserting ``Mifflin, Fulton and
Clearfield,'' after ``Franklin,''.
This Act may be cited as the ``Department of Transportation and
Related Agencies Appropriations Act, 1997''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

8567975959ebacb7ce7b1c3d6863ba940bba631837afc8793ff4a8209f3c594f

Appropriations bill FY97, Transportation — HR. 3675

Other Sections

TITLE III

TITLE IV

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