| Home > 104th Congressional Public Laws > Pub.L. 104-206 Making appropriations for energy and water development for the fiscal year ending September 30, 1997, and for other purposes. <> ...
Pub.L. 104-206 Making appropriations for energy and water development for the fiscal year ending September 30, 1997, and for other purposes. <> ...
[[Page 110 STAT. 2951]]
Public Law 104-205
Making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 1997, and for other
purposes. <<NOTE: Sept. 30, 1996 - [H.R. 3675]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
Transportation and Related Agencies Appropriations Act, 1997.>> That
the following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the Department of Transportation and
related agencies for the fiscal year ending September 30,
1997, and for other purposes, namely:
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Salaries and Expenses
For necessary expenses of the Office of the Secretary, $52,966,000,
of which such sums as necessary shall be used to investigate
anticompetitive practices in air transportation, enforce section 41712
of title 49, and report to Congress by the end of the fiscal year on its
progress to address anticompetitive practices, and of which not to
exceed $40,000 shall be available as the Secretary may determine for
allocation within the Department for official reception and
representation expenses: Provided, That notwithstanding any other
provision of law, there may be credited to this appropriation up to
$1,000,000 in funds received in user fees established to support the
electronic tariff filing system: Provided further, That none of the
funds appropriated in this Act or otherwise made available may be used
to maintain custody of airline tariffs that are already available for
public and departmental access at no cost; to secure them against
detection, alteration, or tampering; and open to inspection by the
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $5,574,000.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation planning,
research, systems development, and development activities, to remain
available until expended, $3,000,000.
[[Page 110 STAT. 2952]]
Transportation Administrative Service Center
Necessary expenses for operating costs and capital outlays of the
Transportation Administrative Service Center, not to exceed
$124,812,000, shall be paid from appropriations made available to the
Department of Transportation: Provided, That such services shall be
provided on a competitive basis to entities within the Department of
Transportation: Provided further, That the above limitation on operating
expenses shall not apply to non-DOT entities: Provided further, That no
funds appropriated in this Act to an agency of the Department shall be
transferred to the Transportation Administrative Service Center without
the approval of the agency modal administrator: Provided further, That
no assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House and Senate
Committees on Appropriations and are approved by such Committees.
Payments to Air Carriers
(liquidation of contract authorization)
(airport and airway trust fund)
(including rescission of contract authorization)
For liquidation of obligations incurred for payments to air carriers
of so much of the compensation fixed and determined under subchapter II
of chapter 417 of title 49, United States Code, as is payable by the
Department of Transportation, $25,900,000, to remain available until
expended and to be derived from the Airport and Airway Trust Fund:
Provided, That none of the funds in this Act shall be available for the
implementation or execution of programs in excess of $25,900,000 for the
Payments to Air Carriers program in fiscal year 1997: Provided further,
That none of the funds in this Act shall be used by the Secretary of
Transportation to make payment of compensation under subchapter II of
chapter 417 of title 49, United States Code, in excess of the
appropriation in this Act for liquidation of obligations incurred under
the ``Payments to air carriers'' program: Provided further, That none of
the funds in this Act shall be used for the payment of claims for such
compensation except in accordance with this provision: Provided further,
That none of the funds in this Act shall be available for service to
communities in the forty-eight contiguous States that are located fewer
than seventy highway miles from the nearest large or
medium hub airport, or that require a rate of subsidy per passenger in
excess of $200 unless such point is greater than two hundred and ten
miles from the nearest large or medium hub airport: Provided further,
That of funds provided for ``Small Community Air Service'' by Public Law
101-508, $12,700,000 in fiscal year 1997 is hereby rescinded.
[[Page 110 STAT. 2953]]
Payments to Air Carriers
Of the budgetary resources remaining available under this heading,
$1,133,000 are rescinded.
For necessary expenses for rental of headquarters and field space
not to exceed 8,580,000 square feet and for related services assessed by
the General Services Administration, $127,447,000: Provided, That of
this amount, $2,022,000 shall be derived from the Highway Trust Fund,
$39,113,000 shall be derived from the Airport and Airway Trust Fund,
$840,000 shall be derived from the Pipeline Safety Fund, and $193,000
shall be derived from the Harbor Maintenance Trust Fund: Provided
further, That in addition, for assessments by the General Services
Administration related to the space needs of the Federal Highway
Administration, $17,294,000, to be derived from ``Federal-aid
Highways'', subject to the ``Limitation on General Operating Expenses''.
Minority Business Resource Center Program
For the cost of direct loans, $1,500,000, as authorized by 49 U.S.C.
332: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct loans not
to exceed $15,000,000. In addition, for administrative expenses to carry
out the direct loan program, $400,000.
Minority Business Outreach
For necessary expenses of the Minority Business Resource Center
outreach activities, $2,900,000, of which $2,635,000 shall remain
available until September 30, 1998: Provided, That notwithstanding 49
U.S.C. 332, these funds may be used for business opportunities related
to any mode of transportation.
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase of not to exceed five
passenger motor vehicles for replacement only; payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and
recreation and welfare; $2,319,725,000, of which $25,000,000 shall be
derived from the Oil Spill Liability Trust Fund: <<NOTE: 14 USC 92
note.>> Provided, That the number of aircraft on hand at any one time
shall not exceed two hundred and eighteen, exclusive of aircraft and
parts stored to meet future attrition: Provided further, That none of
the funds appropriated in this or any other Act shall be available for
pay or administrative expenses in connection with shipping commissioners
in the United States: Provided further, That none of the funds provided
in this Act shall be avail
[[Page 110 STAT. 2954]]
able for expenses incurred for yacht documentation under 46 U.S.C.
12109, except to the extent fees are collected from yacht owners and
credited to this appropriation: Provided further, That the Commandant
shall reduce both military and civilian employment levels for the
purpose of complying with Executive Order No. 12839.
Acquisition, Construction, and Improvements
For necessary expenses of acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto, $374,840,000, of which
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund; of
which $216,500,000 shall be available to acquire, repair, renovate or
improve vessels, small boats and related equipment, to remain available
until September 30, 2001; $18,040,000 shall be available to acquire new
aircraft and increase aviation capability, to remain available until
September 30, 1999; $41,700,000 shall be available for other equipment,
to remain available until September 30, 1999; $52,350,000 shall be
available for shore facilities and aids to navigation facilities, to
remain available until September 30, 1999; and $46,250,000 shall remain
available for personnel compensation and benefits and related costs, to
remain available until September 30, 1998: Provided, That funds received
from the sale of the VC-11A and HU-25 aircraft shall be credited to this
appropriation for the purpose of acquiring new aircraft and increasing
aviation capacity: Provided further, That the Commandant may dispose of
surplus real property by sale or lease and the proceeds of such sale or
lease shall be credited to this appropriation: Provided further, That
none of the funds in this Act may be obligated or expended to continue
the ``Vessel Traffic Service (VTS) 2000'' Program: Provided further,
That of the funds provided under this heading, $1,000,000 is available
only for a Coast Guard analysis of future VTS system requirements which
minimizes complexity and is based upon an open system architecture
maximizing use of off-the-shelf technology, to be conducted in
cooperation with the maritime community and local organizations affected
by the implementation of such systems.
Environmental Compliance and Restoration
For necessary expenses to carry out the Coast Guard's environmental
compliance and restoration functions under chapter 19 of title 14,
United States Code, $22,000,000, to remain available until expended.
Port Safety Development
For necessary expenses for debt retirement of the Port of Portland,
Oregon, without further findings and determinations, $5,000,000, to
remain available until expended.
Alteration of Bridges
For necessary expenses for alteration or removal of obstructive
bridges, $16,000,000, to remain available until expended.
[[Page 110 STAT. 2955]]
For retired pay, including the payment of obligations therefor
otherwise chargeable to lapsed appropriations for this purpose, and
payments under the Retired Serviceman's Family Protection and Survivor
Benefits Plans, and for payments for medical care of retired personnel
and their dependents under the Dependents Medical Care Act (10 U.S.C.
ch. 55); $608,084,000.
For all necessary expenses for the Coast Guard Reserve, as
authorized by law; maintenance and operation of facilities; and
supplies, equipment, and services; $65,890,000.
Research, Development, Test, and Evaluation
For necessary expenses, not otherwise provided for, for applied
scientific research, development, test, and evaluation; maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law, $19,200,000, to remain available until expended, of
which $5,020,000 shall be derived from the Oil Spill Liability Trust
Fund: Provided, That there may be credited to this appropriation funds
received from State and local governments, other public authorities,
private sources, and foreign countries, for expenses incurred for
research, development, testing, and evaluation.
(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
FEDERAL AVIATION ADMINISTRATION
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities and
the operation (including leasing) and maintenance of aircraft, and
carrying out the provisions of subchapter I of chapter 471 of title 49,
United States Code, or other provisions of law authorizing the
obligation of funds for similar programs of airport and airway
development or improvement, lease or purchase of four passenger motor
vehicles for replacement only, $4,900,000,000, of which $1,642,500,000
shall be derived from the Airport and Airway Trust Fund: Provided, That
notwithstanding any other provision of law, not to exceed $75,000,000
from additional user fees to be established by the Administrator of the
Federal Aviation Administration shall be credited to this appropriation
as offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar for dollar basis as
such offsetting collections are received during fiscal year
[[Page 110 STAT. 2956]]
1997, to result in a final fiscal year 1997 appropriation from the
general fund estimated at not more than $3,182,500,000: Provided
further, That the only additional user fees authorized as offsetting
collections are fees for services provided to aircraft that neither take
off from, nor land in, the United States: Provided further, That there
may be credited to this appropriation, funds received from States,
counties, municipalities, foreign authorities, other public authorities,
and private sources, for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of air
navigation facilities and, for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station
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104th Congressional Public Laws Records and Documents
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