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S. 2308 (is) To amend title XIX of the Social Security Act to prohibit transfers or discharges of residents of nursing facilities as a result of a voluntary withdrawal from participation in the Medicaid Program. ...


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                                                       Calendar No. 468
105th CONGRESS
  2d Session
                                S. 2307

                          [Report No. 105-249]

Making appropriations for the Department of Transportation and related 
 agencies for the fiscal year ending September 30, 1999, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 1998

    Mr. Shelby, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
Making appropriations for the Department of Transportation and related 
 agencies for the fiscal year ending September 30, 1999, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 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, 1999, and for other purposes, 
namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        OFFICE OF THE SECRETARY

                   Immediate Office of the Secretary

    For necessary expenses of the Immediate Office of the Secretary, 
$1,768,600: Provided, That notwithstanding any other provision of law, 
there may be credited to this appropriation up to $1,000,000 in funds 
received from user fees.

                Immediate Office of the Deputy Secretary

    For necessary expenses of the Immediate Office of the Deputy 
Secretary, $554,700.

                     Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$8,645,000.

              Office of the Assistant Secretary for Policy

    For necessary expenses of the Office of the Assistant Secretary for 
Policy, $2,479,500.

   Office of the Assistant Secretary for Aviation and International 
                                Affairs

    For necessary expenses of the Office of the Assistant Secretary for 
Aviation and International Affairs, $6,686,300: 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 the Assistant Secretary for Budget and Programs

    For necessary expenses of the Office of the Assistant Secretary for 
Budget and Programs, $5,687,800, including not to exceed $40,000 for 
allocation within the Department for official reception and 
representation expenses as the Secretary may determine.

       Office of the Assistant Secretary for Governmental Affairs

    For necessary expenses of the Office of the Assistant Secretary for 
Governmental Affairs, $1,600,000.

          Office of the Assistant Secretary for Administration

    For necessary expenses of the Office of the Assistant Secretary for 
Administration, $19,570,200.

                        Office of Public Affairs

    For necessary expenses of the Office of Public Affairs, $1,656,600.

                         Executive Secretariat

    For necessary expenses of the Executive Secretariat, $1,088,500.

                       Board of Contract Appeals

    For necessary expenses of the Board of Contract Appeals, $460,000.

         Office of Small and Disadvantaged Business Utilization

    For necessary expenses of the Office of Small and Disadvantaged 
Business Utilization, $1,000,000.

                  Office of Intelligence and Security

    For necessary expenses of the Office of Intelligence and Security, 
$935,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $4,652,700.

                        Office of Intermodalism

    For necessary expenses of the Office of Intermodalism, $1,000,000.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $5,562,000.

           Transportation Planning, Research, and Development

    For necessary expenses for conducting transportation planning, 
research, systems development, and development activities, to remain 
available until expended, $8,328,400.

              Transportation Administrative Service Center

    Necessary expenses for operating costs and capital outlays of the 
Transportation Administrative Service Center, not to exceed 
$165,215,000, 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.

               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 $13,775,000. 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, 2000: Provided, That notwithstanding 49 
U.S.C. 332, these funds may be used for business opportunities related 
to any mode of transportation.

                         Amtrak Reform Council

    For necessary expenses of the Amtrak Reform Council authorized 
under section 203 of Public Law 105-134, $450,000, to remain available 
until September 30, 2000: Provided, That none of the funds provided 
under this heading shall be for payments to outside consultants: 
Provided further, That the duties of the Amtrak Reform Council 
described in section 203(g)(1) of Public Law 105-134 shall include the 
identification of Amtrak routes which are candidates for closure or 
realignment, based on performance rankings developed by Amtrak which 
incorporate information on each route's fully allocated costs and 
ridership on core intercity passenger service, and which assume, for 
purposes of closure or realignment candidate identification, that 
federal subsidies for Amtrak will decline over the 4-year period from 
fiscal year 1999 to fiscal year 2002: Provided further, That these 
closure or realignment recommendations shall be included in the Amtrak 
Reform Council's annual report to the Congress required by section 
203(h) of Public Law 105-134.

                              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; $2,761,603,000, of which $300,000,000 shall be 
available for national security-related activities and of which 
$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 212, 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 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: Provided further, That the 
Secretary may transfer funds to this account, from Federal Aviation 
Administration ``Operations'', not to exceed $60,000,000 in total for 
the fiscal year, fifteen days after written notification to the House 
and Senate Committees on Appropriations, solely for the purpose of 
providing additional funds for drug interdiction activities: Provided 
further, That none of the funds in this Act shall be available for the 
Coast Guard to plan, finalize, or implement any regulation that would 
promulgate new maritime user fees not specifically authorized by law 
after the date of enactment of this Act.

              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, $388,693,000, of which 
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund; 
of which $215,473,000 shall be available to acquire, repair, renovate 
or improve vessels, small boats and related equipment, to remain 
available until September 30, 2003; $46,131,000 shall be available to 
acquire new aircraft and increase aviation capability, to remain 
available until September 30, 2001; $35,389,000 shall be available for 
other equipment, to remain available until September 30, 2001; 
$43,250,000 shall be available for shore facilities and aids to 
navigation facilities, to remain available until September 30, 2001; 
and $48,450,000 shall be available for personnel compensation and 
benefits and related costs, to remain available until September 30, 
2000: 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 $1,000,000 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 $1,000,000 shall be retained and remain available until 
expended, but shall not be available for obligation until October 1, 
1999: Provided further, That the Secretary, with funds made available 
under this heading, acting through the Commandant, may enter into a 
long-term Use Agreement with the City of Homer for dedicated pier space 
on the Homer dock necessary to support Coast Guard vessels when such 
vessels call on Homer, 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

                          (highway trust fund)

    For necessary expenses for alteration or removal of obstructive 
bridges, $20,000,000, to be derived from the highway account of the 
highway trust fund, 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); $684,000,000.

                            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.

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