Department of Transportation and Related Agencies Appropriations Act, 1997
Became Public Law No: 104-205.
Congressional Research Service
Official summary
Version 35 · Passed Senate amended · Jul 31, 1996
TABLE OF CONTENTS: Title I: Department of Transportation Title II: Related Agencies Title III: General Provisions Title IV: Miscellaneous Highway Provisions Department of Transportation and Related Agencies Appropriations Act, 1997 - Title I: Department of Transportation - Makes appropriations for FY 1997 (with specified rescissions, limitations on obligations and direct loans, and liquidations of contract authorizations) for: (1) the Office of the Secretary of Transportation; (2) the Coast Guard; (3) the Federal Aviation Administration (FAA); (4) the Federal Highway Administration (FHA); (5) the National Highway Traffic Safety Administration; (6) the Federal Railroad Administration; (7) the Federal Transit Administration; (8) the Saint Lawrence Seaway Development Corporation; (9) the Research and Special Programs Administration; (10) the Office of the Inspector General; and (11) the Surface Transportation Board. Requires the use of funds for the Office of Secretary of Transportation to investigate anticompetitive practices in air transportation and enforce specified provisions of Federal law against such practices. Establishes in the Treasury an administrative services franchise fund, to be available without fiscal year limitation, for the costs of capitalizing and operating certain centralized FAA services. Title II: Related Agencies - Makes appropriations for FY 1997 for: (1) the Architectural and Transportation Barriers Compliance Board; and (2) the National Transportation Safety Board (NTSB). Title III: General Provisions - Sets forth specified prohibitions, limitations, permissions, and mandates with respect to the use of appropriations under this Act identical or very similar to those enacted in the Department of Transportation and Related Agencies Appropriations Act, 1996 (Public Law 104-50). (Sec. 321) Reduces the amount of funds provided in this Act for the Transportation Administrative Service Center. (Sec. 327) Prohibits the use of funds (as in Public Law 104-50) for employee training which: (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) contains any methods or content associated with religious or quasi-religious belief systems or "new age" belief systems; (4) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace; or (5) includes content related to human immunodeficiency virus-acquired immune deficiency syndrome (HIV-AIDS) other than that necessary to make employees more aware of its medical ramifications and the workplace rights of HIV-positive employees. (Sec. 333) Amends Federal transportation law to exempt from certain State and local laws construction or specified financial activity with respect to any improvement by or on behalf of Amtrak in connection with the Northeast Corridor Improvement Project, or any land on which such improvement is located and adjoining, surrounding or any related land. (Sec. 334) Prohibits the use of funds 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 for the project has not been completed. (Sec. 335) Amends Federal mass transportation law to include the locally preferred alternative for the South-North Corridor Project in the federally-funded Tri-County Metropolitan Transportation District of Oregon Light Rail Program. (Sec. 335a) Amends the Intermodal Surface Transportation Efficiency Act of 1991 and the Federal Transit Act Amendments of 1991 to increase the funds available for the Westside Light Rail Project of the Tri-County Metropolitan Transportation District of Oregon. (Sec. 336) Allows a specified amount funds made available to Cleveland for the Cleveland Dual Hub Corridor Project or Cleveland Dual Hub Rail Project in FY 1991, 1992, and 1994, to be made available for the Berea Red Line Extension and the Euclid Corridor Improvement projects. (Sec. 338) Requires the transfer to Kauai, Hawaii, of certain funds under the Federal Transit Administration's Discretionary Grants program. (Sec. 339) Provides that certain improvements identified as highest priority in the Intermodal Surface Transportation Efficiency Act of 1991 shall not be treated as an allocation for Interstate maintenance. (Sec. 340) Expresses the sense of Congress that entities receiving assistance under this Act should comply with the Buy America Act and purchase U.S.-made equipment and products to the greatest extent practicable. Prohibits the use of funds for contracts with persons falsely labeling products as made in America. (Sec. 341) Makes receipts collected from users of fitness centers operated by or for the Department of Transportation (DOT) available to support their operation and maintenance. (Sec. 342) Prohibits the use of NTSB funds for any study to determine the feasibility of allowing individuals who are more than 60 years of age to pilot commercial aircraft. (Sec. 343) Reduces funds in this Act for bonuses and cash awards for DOT employees, including those in the Senior Executive Service. (Sec. 344) Exempts the National Passenger Railroad Corporation (Amtrak) from any State or local law relating to the payment or delivery of abandoned or unclaimed personal property to government authority with respect to passenger rail tickets (beginning April 20, 1972) for which no refund has been or may be claimed. (Sec. 345) Directs the FAA to provide personnel at Dutch Harbor, Alaska, to provide real-time weather and runway observation and other aviation safety functions. (Sec. 346) Provides for DOT voluntary separation incentive payments and mandatory consequent reduction of funded employee positions. (Sec. 347) Directs the Secretaries of the Treasury and of Transportation to review the reporting of excise tax data by the Department of the Treasury to the Department of Transportation for FY 1994 and its impact on the allocation of Federal aid highways. Provides for recalculation of Federal-aid highway apportionments and allocations for FY 1997, if the President finds that a significant error was made by the Treasury in its estimate of Highway Trust Fund revenues collected in FY 1994. (Sec. 348) Expresses the sense of the Senate that the Congress should actively consider legislation to establish the Saint Lawrence Seaway Development Corporation as a performance-based organization on a pilot basis beginning in FY 1998. (Sec. 349) Expresses the sense of the Congress that the FAA Administrator should promote the use of full and open competition as the preferred method for FAA procurement. Directs the Administrator to provide for an independent assessment of the FAA acquisition management system and report its findings to the Congress. (Sec. 350) Authorizes the State of Nebraska to allow certain longer combination vehicles to transport sugar beets from the field or stockpile to storage, market, or factory. (Sec. 351) Authorizes States to use specified funds for incentive payments to local governments, matching those made by railroads to such governments, for permanent closure of public at-grade railway-highway crossings. (Sec. 352) Requires, in order for the Coast Guard to use certain funds to issue or enforce certain regulations under the Edible Oil Regulatory Reform Act, that such regulations recognize and provide, with respect to fats, oils, and greases, for differences in physical, chemical, biological, and other relevant properties, and in environmental effects. (Sec. 353) Allows the use of specified maximum amounts of Federal Highway Administration Emergency Relief funds for FY 1996 and 1997 to: (1) halt emergency ocean condition-caused erosion of, and stabilize, a bank protecting a scenic highway or byway, if such action is necessary to protect the highway from imminent failure and is less expensive than highway relocation; and (2) repair the roadway, in cases where an emergency condition causes inundation of a roadway or saturation of the subgrade with further erosion due to abnormal freeze-thaw cycles and damage caused by traffic. (Sec. 354) Reserves a specified portion of funds for the Federal Rail Administration to establish and operate the Institute for Railroad Safety, as authorized by the Swift Rail Development Act of 1994. (Sec. 355) Directs the Secretary of Transportation to consider specified factors in implementing, or providing exceptions to, regulations relating to certain train whistle or horn sounding requirements. (Sec. 356) Prohibits the use of funds under this Act to levy penalties before September 1, 1997, on the States of Maine or New Hampshire based on non-compliance with Federal vehicle weight limitations. Title IV: Miscellaneous Highway Provisions - Authorizes certain funds (already authorized for highway-railroad grade crossing separations in Mineola, New York) also for other grade crossing improvements in Nassau and Suffolk Counties in New York. (Sec. 404) Authorizes the Secretary of Transportation to modify certain agreements to provide a specified additional line of credit usable to replace otherwise required contingency reserves, if the modification is supported by the amount of the original appropriation. (Sec. 405) Requires that an amount appropriated for a Lake Shore Drive extension study, Whiting, Indiana, in the Department of Transportation and Related Agencies Appropriations Act, 1995 be made available for a congestion relief project for construction of a four-lane road and overpass at Merrillville, Indiana. (Sec. 406) Makes certain funds available for construction of Baldwin Road as part of the highway safety improvement project, Michigan. (Sec. 407) Authorizes specified transfers of funds among Minnesota highway projects, at the option of the Minnesota Department of Transportation.
Motions to reconsider laid on the table Agreed to without objection.
Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 395 - 19 (Roll no. 419).(consideration: CR H10567)
The previous question was ordered without objection.
DEBATE - The House proceeded with one hour of debate on the conference report.
Mr. Wolf brought up conference report H. Rept. 104-785 for consideration under the provisions of H. Res. 522.
Rule H. Res. 522 passed House.
Rules Committee Resolution H. Res. 522 Reported to House. Rule provides for consideration of the conference report to H.R. 3675. All points of order against the conference report and against its consideration are waived. The conference report shall be considered as read.
Conference report H. Rept. 104-785 filed. (text of conference report: CR H10387-10426)
Conference report filed: Conference report H. Rept. 104-785 filed.(text of conference report: CR H10387-10426)
Conferees agreed to file conference report.
Conference committee actions: Conferees agreed to file conference report.
Message on House action received in Senate.
The Speaker appointed conferees: Wolf, DeLay, Regula, Rogers, Lightfoot, Packard, Callahan, Dickey, Livingston, Sabo, Durbin, Coleman, Foglietta, and Obey.
Motion to reconsider laid on the table Agreed to without objection.
On motion that the House instruct conferees Agreed to by voice vote. (consideration: CR H10048)
The previous question was ordered without objection.
DEBATE - The House proceeded with one hour of debate on the motion to instruct conferees. The instructions contained in the motion require the managers on the part of the House to disagree to Senate amendment numbered 150.
Mr. Obey moved that the House instruct conferees.
On motion that the House disagree to the Senate amendments, and agree to a conference Agreed to without objection. (consideration: CR H10048)
Mr. Wolf asked unanimous consent that the House disagree to the Senate amendments, and agree to a conference.
Message on Senate action sent to the House.
Senate insists on its amendments asks for a conference, appoints conferees Hatfield; Domenici; Specter; Bond; Gorton; Shelby; Lautenberg; Byrd; Harkin; Mikulski; Reid. (consideration: CR S9287)
Passed Senate with amendments by Yea-Nay Vote. 95-2. Record Vote No: 261.
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered without objection.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3675.
The Chair announced that proceedings would resume on those amendments on which recorded votes had been requested and further consideration had been postponed. The amendments would be considered in the following order: Oberstar, Filner, Andrews, Collins (GA).
At the conclusion of debate on the Collins (GA) amendment, the Chair put the question on agreeing to the amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Collins demanded a recorded vote and, pending that request, made a point of order that a quorum was not present. Pursuant to the provisions of H. Res. 460, further proceedings were postponed and the point of order was withdrawn.
DEBATE - Pursuant to the previous unanimous consent agreement, the Committee of the Whole proceeded with 20 minutes of debate on the amendment.
DEBATE - Pursuant to the previous unanimous consent agreement, the Committee of the Whole proceeded with 10 minutes of debate on the amendment.
At the conclusion of debate on the Andrews amendment, the Chair put the question on agreeing to the amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Andrews demanded a recorded vote and, pending that request, made a point of order that a quorum was not present. Pursuant to the provisions of H. Res. 460, further proceedings were postponed and the point of no quorum was withdrawn.
DEBATE - Pursuant to the previous unanimous consent agreement, the Committee of the Whole proceeded with 10 minutes of debate on the amendment.
DEBATE - Pursuant to the previous unanimous consent agreement, the Committee of the Whole proceeded with 10 minutes of debate on the amendment.
Mr. Wolf asked unanimous consent that the time for debate on any further amendment to the bill be limited to 10 minutes, except for an amendment by Mr. Collins (Ga) and Mr. Andrews. Agreed to without objection.
vote postponed.
At the conclusion of debate on the Oberstar amendment, the Chair put the question on agreeing to the amendment and announced that, by voice vote, the amendment was agreed to. Mr. Wolf demanded a recorded vote and, pending that request, made a point of order that a quorum was not present. Pursuant to the provisions of H. Res. 460, further proceedings were postponed and the point of no quorum was withdrawn.
Mr. Coble raised a point of order against the content of the measure. Mr. Coble stated that the provisions contained on page 10, line 25 through page 11, line 3 (relating to boating safety--Aquatic Resources Trust Funds) contained an expenditure of funds not previously authorized by law and was, therefore, in violation of clause 2 of rule XXI of the rules of the House. The Chair sustained the point of order.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H7067-7092)
Committee of the Whole House on the state of the Union rises leaving H.R. 3675 as unfinished business.
On motion that the Committee rise Agreed to by voice vote.
Mr. Wolf moved that the Committee rise.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
The Speaker designated the Honorable Doug Bereuter to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 460 and Rule XXIII.
Rule provides for consideration of H.R. 3675 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Providing for the consideration of the bill in the Committee of the Whole House on the state of the Union. Points of order against provisions in the bill for failure to comply with clause 2 or 6 of rule XXI shall be waived except as specified in the resolution. Where points of order are waived against part of paragraph, points of order against a provision in another part of such paragraph may be made only against such provision and not against the entire paragraph. Bill is open to amendments. An amendment printed in sec. 2 of this resolution shall be considered as having been adopted in the Committee of the Whole and in the House
Considered under the provisions of rule H. Res. 460. (consideration: 6/26/1996 CR H6964-6973)
Rule H. Res. 460 passed House.
Rules Committee Resolution H. Res. 460 Reported to House. Rule provides for consideration of H.R. 3675 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Providing for the consideration of the bill in the Committee of the Whole House on the state of the Union. Points of order against provisions in the bill for failure to comply with clause 2 or 6 of rule XXI shall be waived except as specified in the resolution. Where points of order are waived against part of a paragraph, points of order against a provision in another part of such paragraph may be made only against such provision and not against the entire paragraph. Bill is open to amendments. An amendment printed in sec. 2 of this resolution shall be considered as having been adopted in the Committee of the Whole and in the House
Placed on the Union Calendar, Calendar No. 316.
The House Committee on Appropriations reported an original measure, H. Rept. 104-631, by Mr. Wolf.
The House Committee on Appropriations reported an original measure, H. Rept. 104-631, by Mr. Wolf.
Ordered to be Reported.
Committee Consideration and Mark-up Session Held.
Introduced in House
Forwarded by Subcommittee to Full Committee.
Final Day of Subcommittee Mark-up.
First Day of Subcommittee Mark-up.
Final Day of Subcommittee Hearings.
First Day of Subcommittee Hearings.
Referred to the Subcommittee on Transportation.
Referred to the House Committee on Appropriations.
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