Pub.L. 104-206 Making appropriations for energy and water development for the fiscal year ending September 30, 1997, and for other purposes. <> ...

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[[Page 110 STAT. 2951]]

Public Law 104-205
104th Congress

                                 An Act


 
 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:

                                 TITLE I

                      DEPARTMENT OF TRANSPORTATION

                         OFFICE OF THE SECRETARY

                          Salaries and Expenses

    For necessary expenses of the Office of the Secretary, $52,966,000, 
of which such sums as necessary shall be used to investigate 
anticompetitive practices in air transportation, enforce section 41712 
of title 49, and report to Congress by the end of the fiscal year on its 
progress to address anticompetitive practices, and of which not to 
exceed $40,000 shall be available as the Secretary may determine for 
allocation within the Department for official reception and 
representation expenses: Provided, That notwithstanding any other 
provision of law, there may be credited to this appropriation up to 
$1,000,000 in funds received in user fees established to support the 
electronic tariff filing system: Provided further, That none of the 
funds appropriated in this Act or otherwise made available may be used 
to maintain custody of airline tariffs that are already available for 
public and departmental access at no cost; to secure them against 
detection, alteration, or tampering; and open to inspection by the 
Department.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $5,574,000.

           Transportation Planning, Research, and Development

    For necessary expenses for conducting transportation planning, 
research, systems development, and development activities, to remain 
available until expended, $3,000,000.

[[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

                              (rescission)

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$1,133,000 are rescinded.

                             Rental Payments

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

                Minority Business Resource Center Program

    For the cost of direct loans, $1,500,000, as authorized by 49 U.S.C. 
332: Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That these funds are available to 
subsidize gross obligations for the principal amount of direct loans not 
to exceed $15,000,000. In addition, for administrative expenses to carry 
out the direct loan program, $400,000.

                       Minority Business Outreach

    For necessary expenses of the Minority Business Resource Center 
outreach activities, $2,900,000, of which $2,635,000 shall remain 
available until September 30, 1998: Provided, That notwithstanding 49 
U.S.C. 332, these funds may be used for business opportunities related 
to any mode of transportation.

                               COAST GUARD

                           Operating Expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for; purchase of not to exceed five 
passenger motor vehicles for replacement only; payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and 
recreation and welfare; $2,319,725,000, of which $25,000,000 shall be 
derived from the Oil Spill Liability Trust Fund: <<NOTE: 14 USC 92 
note.>>  Provided, That the number of aircraft on hand at any one time 
shall not exceed two hundred and eighteen, exclusive of aircraft and 
parts stored to meet future attrition: Provided further, That none of 
the funds appropriated in this or any other Act shall be available for 
pay or administrative expenses in connection with shipping commissioners 
in the United States: Provided further, That none of the funds provided 
in this Act shall be avail

[[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]]

                               Retired Pay

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

                            Reserve Training

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

               Research, Development, Test, and Evaluation

    For necessary expenses, not otherwise provided for, for applied 
scientific research, development, test, and evaluation; maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law, $19,200,000, to remain available until expended, of 
which $5,020,000 shall be derived from the Oil Spill Liability Trust 
Fund: Provided, That there may be credited to this appropriation funds 
received from State and local governments, other public authorities, 
private sources, and foreign countries, for expenses incurred for 
research, development, testing, and evaluation.

                               Boat Safety

                     (aquatic resources trust fund)

    For payment of necessary expenses incurred for recreational boating 
safety assistance under Public Law 92-75, as amended, $35,000,000, to be 
derived from the Boat Safety Account and to remain available until 
expended.

                     FEDERAL AVIATION ADMINISTRATION

                               Operations

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities and 
the operation (including leasing) and maintenance of aircraft, and 
carrying out the provisions of subchapter I of chapter 471 of title 49, 
United States Code, or other provisions of law authorizing the 
obligation of funds for similar programs of airport and airway 
development or improvement, lease or purchase of four passenger motor 
vehicles for replacement only, $4,900,000,000, of which $1,642,500,000 
shall be derived from the Airport and Airway Trust Fund: Provided, That 
notwithstanding any other provision of law, not to exceed $75,000,000 
from additional user fees to be established by the Administrator of the 
Federal Aviation Administration shall be credited to this appropriation 
as offsetting collections and used for necessary and authorized expenses 
under this heading: Provided further, That the sum herein appropriated 
from the general fund shall be reduced on a dollar for dollar basis as 
such offsetting collections are received during fiscal year

[[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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