103D CONGRESS

2D SESSION H. R. 4556

AN ACT

Making appropriations for the Department of Transportation

and related agencies for the fiscal year ending September

30, 1995, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Department of Transportation and related agencies for

6 the fiscal year ending September 30, 1995, and for other

7 purposes, namely:
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1 TITLE I

2 DEPARTMENT OF TRANSPORTATION

3 OFFICE OF THE SECRETARY

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Secretary,

6 $58,094,000, of which $3,962,000 shall remain available

7 until expended; and of which not to exceed $25,000 shall

8 be available as the Secretary may determine for allocation

9 within the Department for official reception and represen10 tation expenses: Provided, That notwithstanding any other

11 provision of law, funds available for the purposes of the

12 Minority Business Resource Center in this Act may be

13 used for business opportunities related to any mode of

14 transportation.

15 TRANSPORTATION PLANNING, RESEARCH, AND

16 DEVELOPMENT

17 For necessary expenses for conducting transportation

18 planning, research, and development activities, including

19 the collection of national transportation statistics, to re20 main available until expended, $2,693,000.

21 OFFICE OF COMMERCIAL SPACE TRANSPORTATION

22 OPERATIONS AND RESEARCH

23 For necessary expenses for operations and research

24 activities related to commercial space transportation,
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1 $6,060,000, of which $2,000,000 shall remain available

2 until expended.

3 WORKING CAPITAL FUND

4 Necessary expenses for operating costs and capital

5 outlays of the Department of Transportation Working

6 Capital Fund not to exceed $88,750,000 shall be paid, in

7 accordance with law, from appropriations made available

8 by this Act and prior appropriations Acts to the Depart9 ment of Transportation, together with advances and reim10 bursements received by the Department of Transpor11 tation.

12 PAYMENTS TO AIR CARRIERS

13 (LIQUIDATION OF CONTRACT AUTHORIZATION)

14 (AIRPORT AND AIRWAY TRUST FUND)

15 (INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

16 For liquidation of obligations incurred for payments

17 to air carriers of so much of the compensation fixed and

18 determined under section 419 of the Federal Aviation Act

19 of 1958, as amended (49 U.S.C. 1389), as is payable by

20 the Department of Transportation, $25,600,000, to re21 main available until expended and to be derived from the

22 Airport and Airway Trust Fund: Provided, That none of

23 the funds in this Act shall be available for the implementa24 tion or execution of programs in excess of $25,600,000

25 for the Payments to Air Carriers program in fiscal year

26 1995: Provided further, That none of the funds in this Act
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1 shall be used by the Secretary of Transportation to make

2 payment of compensation under section 419 of the Federal

3 Aviation Act of 1958, as amended, in excess of the appro4 priation in this Act for liquidation of obligations incurred

5 under the ‘‘Payments to air carriers’’ program: Provided

6 further, That none of the funds in this Act shall be used

7 for the payment of claims for such compensation except

8 in accordance with this provision: Provided further, That

9 none of the funds in this Act shall be available for service

10 to communities in the forty-eight contiguous States and

11 Hawaii that are located fewer than seventy highway miles

12 from the nearest hub airport, or that require a rate of

13 subsidy per passenger in excess of $200: Provided further,

14 That of funds provided for ‘‘Small Community Air Serv15 ice’’ by Public Law 101–508, $13,000,000 in fiscal year

16 1995 is hereby rescinded.

17 RENTAL PAYMENTS

18 For necessary expenses for rental of headquarters and

19 field space and related services assessed by the General

20 Services Administration, $144,419,000: Provided, That of

21 this amount, $1,872,000 shall be derived from the High22 way Trust Fund, $38,728,000 shall be derived from the

23 Airport and Airway Trust Fund, $678,000 shall be de24 rived from the Pipeline Safety Fund, and $172,000 shall

25 be derived from the Harbor Maintenance Trust Fund:
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1 Provided further, That in addition, for assessments by the

2 General Services Administration related to the space needs

3 of the Federal Highway Administration, $17,688,000, to

4 be derived from ‘‘Federal-aid Highways’’, subject to the

5 ‘‘Limitation on General Operating Expenses’’.

6 MINORITY BUSINESS RESOURCE CENTER PROGRAM

7 For the cost of direct loans, $1,500,000, as author8 ized by 49 U.S.C. 332: Provided, That such costs, includ9 ing the cost of modifying such loans, shall be as defined

10 in section 502 of the Congressional Budget Act of 1974:

11 Provided further, That these funds are available to sub12 sidize gross obligations for the principal amount of direct

13 loans not to exceed $15,000,000. In addition, for adminis14 trative expenses to carry out the direct loan program,

15 $400,000.

16 COAST GUARD

17 OPERATING EXPENSES

18 For necessary expenses for the operation and mainte19 nance of the Coast Guard, not otherwise provided for; pur20 chase of not to exceed fifteen passenger motor vehicles for

21 replacement only; payments pursuant to section 156 of

22 Public Law 97–377, as amended (42 U.S.C. 402 note),

23 and section 229(b) of the Social Security Act (42 U.S.C.

24 429(b)); and recreation and welfare; $2,580,000,000, of

25 which $25,000,000 shall be derived from the Oil Spill Li-
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1 ability Trust Fund; and of which $25,000,000 shall be ex2 pended from the Boat Safety Account: Provided, That the

3 number of aircraft on hand at any one time shall not ex4 ceed two hundred and eighteen, exclusive of aircraft and

5 parts stored to meet future attrition: Provided further,

6 That none of the funds appropriated in this or any other

7 Act shall be available for pay or administrative expenses

8 in connection with shipping commissioners in the United

9 States: Provided further, That none of the funds provided

10 in this Act shall be available for expenses incurred for

11 yacht documentation under 46 U.S.C. 12109, except to

12 the extent fees are collected from yacht owners and cred13 ited to this appropriation: Provided further, That the Com14 mandant shall reduce both military and civilian employ15 ment levels for the purpose of complying with Executive

16 Order No. 12839: Provided further, That none of the

17 funds in this Act shall be available for special and incen18 tive pay under section 301 of title 37, United States Code,

19 to any Coast Guard member assigned to a skill, rating,

20 or specialty to which special separation benefits under sec21 tion 1174 of title 10, United States Code, or voluntary

22 separation benefits under section 1175 of such title will

23 be paid.
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1 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of acquisition, construction,

3 rebuilding, and improvement of aids to navigation, shore

4 facilities, vessels, and aircraft, including equipment related

5 thereto, $385,200,000, of which $32,500,000 shall be de6 rived from the Oil Spill Liability Trust Fund; of which

7 $201,750,000 shall be available to acquire, repair, ren8 ovate or improve vessels, small boats and related equip9 ment, to remain available until September 30, 1999;

10 $14,900,000 shall be available to acquire new aircraft and

11 increase aviation capability, to remain available until Sep12 tember 30, 1997; $31,500,000 shall be available for other

13 equipment, to remain available until September 30, 1997;

14 $93,050,000 shall be available for shore facilities and aids

15 to navigation facilities, to remain available until Septem16 ber 30, 1997; and $44,000,000 shall be available for per17 sonnel compensation and benefits and related costs, to re18 main available until September 30, 1995: Provided, That

19 funds received from the sale of the VC–11A aircraft shall

20 be credited to this appropriation for the purpose of acquir21 ing new aircraft and increasing aviation capacity.

22 ENVIRONMENTAL COMPLIANCE AND RESTORATION

23 For necessary expenses to carry out the Coast

24 Guard’s environmental compliance and restoration func-
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1 tions under chapter 19 of title 14, United States Code,

2 $22,000,000, to remain available until expended.

3 RETIRED PAY

4 For retired pay, including the payment of obligations

5 therefor otherwise chargeable to lapsed appropriations for

6 this purpose, and payments under the Retired Service7 man’s Family Protection and Survivor Benefits Plans, and

8 for payments for medical care of retired personnel and

9 their dependents under the Dependents Medical Care Act

10 (10 U.S.C. ch. 55), $562,585,000.

11 RESERVE TRAINING

12 For all necessary expenses for the Coast Guard Re13 serve, as authorized by law; maintenance and operation

14 of facilities; and supplies, equipment, and services;

15 $66,000,000.

16 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

17 For necessary expenses, not otherwise provided for,

18 for applied scientific research, development, test, and eval19 uation; maintenance, rehabilitation, lease and operation of

20 facilities and equipment, as authorized by law,

21 $20,310,000, to remain available until expended, of which

22 $3,150,000 shall be derived from the Oil Spill Liability

23 Trust Fund: Provided, That there may be credited to this

24 appropriation funds received from State and local govern25 ments, other public authorities, private sources, and for-
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1 eign countries, for expenses incurred for research, develop2 ment, testing, and evaluation.

3 BOAT SAFETY

4 (AQUATIC RESOURCES TRUST FUND)

5 For payment of necessary expenses incurred for rec6 reational boating safety assistance under Public Law 92–

7 75, as amended, $25,000,000, to be derived from the Boat

8 Safety Account and to remain available until expended.

9 FEDERAL AVIATION ADMINISTRATION

10 OPERATIONS

11 For necessary expenses of the Federal Aviation Ad12 ministration, not otherwise provided for, including admin13 istrative expenses for research and development, the pay14 ment of obligations for the Aircraft Purchase Loan Guar15 antee Program required pursuant to guarantees issued

16 under Public Law 85–307, as amended (49 U.S.C. 1324

17 note), establishment of air navigation facilities and the op18 eration (including leasing) and maintenance of aircraft,

19 and carrying out the provisions of the Airport and Airway

20 Improvement Act of 1982, as amended, or other provisions

21 of law authorizing the obligation of funds for similar pro22 grams of airport and airway development or improvement,

23 lease or purchase of four passenger motor vehicles for re24 placement only, $4,585,000,000, of which $2,450,250,000

25 shall be derived from the Airport and Airway Trust Fund:
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1 Provided, That there may be credited to this appropriation

2 funds received from States, counties, municipalities, for3 eign authorities, other public authorities, and private

4 sources, for expenses incurred in the provision of aviation

5 services, including the maintenance and operation of air

6 navigation facilities and for issuance, renewal or modifica7 tion of certificates, including airman, aircraft, and repair

8 station certificates, or for tests related thereto, or for proc9 essing major repair or alteration forms: Provided further,

10 That, of the funds available under this head, $23,000,000

11 is available only for permanent change of station moves

12 for members of the air traffic workforce: Provided further,

13 That funds may be used to enter into a grant agreement

14 with a nonprofit standard setting organization to assist

15 in the development of aviation safety standards: Provided

16 further, That none of the funds in this Act shall be avail17 able for new applicants for the second career training pro18 gram: Provided further, That none of the funds in this Act

19 shall be available for paying premium pay under 5 U.S.C.

20 5546(a) to any Federal Aviation Administration employee

21 unless such employee actually performed work during the

22 time corresponding to such premium pay: Provided fur23 ther, That none of the funds in this Act shall be available

24 for activities under the Aircraft Purchase Loan Guarantee
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1 Program the obligations for which are in excess of

2 $9,970,000 during fiscal year 1995.

3 FACILITIES AND EQUIPMENT

4 (AIRPORT AND AIRWAY TRUST FUND)

5 For necessary expenses, not otherwise provided for,

6 for acquisition, establishment, and improvement by con7 tract or purchase, and hire of air navigation and experi8 mental facilities and equipment as authorized by the Fed9 eral Aviation Act of 1958, as amended (49 U.S.C. App.

10 1301 et seq.), including initial acquisition of necessary

11 sites by lease or grant; engineering and service testing in12 cluding construction of test facilities and acquisition of

13 necessary sites by lease or grant; and construction and

14 furnishing of quarters and related accommodations for of15 ficers and employees of the Federal Aviation Administra16 tion stationed at remote localities where such accommoda17 tions are not available; and the purchase, lease, or transfer

18 of aircraft from funds available under this head; to be de19 rived from the Airport and Airway Trust Fund,

20 $2,176,700,000, of which $1,968,200,000 shall remain

21 available until September 30, 1997, and of which

22 $208,500,000 shall remain available until September 30,

23 1995: Provided, That there may be credited to this appro24 priation funds received from States, counties, municipali25 ties, other public authorities, and private sources, for ex-
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1 penses incurred in the establishment and modernization

2 of air navigation facilities: Provided further, That none of

3 the funds under this head for the Advanced Automation

4 System may be obligated until the Federal Aviation Ad5 ministration submits to the House and Senate Committees

6 on Appropriations and the House Committee on Public

7 Works and Transportation and the Senate Committee on

8 Commerce, Science, and Transportation a comprehensive

9 program plan and up to date estimate of the fiscal year

10 1995 budget requirement for this program.

11 (RESCISSION)

12 (AIRPORT AND AIRWAY TRUST FUND)

13 Of the total unobligated balance from appropriations

14 under this head for fiscal year 1994 and prior years,

15 $51,700,000 are rescinded.

16 RESEARCH, ENGINEERING, AND DEVELOPMENT

17 (AIRPORT AND AIRWAY TRUST FUND)

18 For necessary expenses, not otherwise provided for,

19 for research, engineering, and development, in accordance

20 with the provisions of the Federal Aviation Act of 1958,

21 as amended (49 U.S.C. App. 1301 et seq.), including con22 struction of experimental facilities and acquisition of nec23 essary sites by lease or grant, $254,000,000, to be derived

24 from the Airport and Airway Trust Fund and to remain

25 available until expended: Provided, That there may be

26 credited to this appropriation funds received from States,
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1 counties, municipalities, other public authorities, and pri2 vate sources, for expenses incurred for research, engineer3 ing, and development.

4 GRANTS-IN-AID FOR AIRPORTS

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (AIRPORT AND AIRWAY TRUST FUND)

7 For liquidation of obligations incurred for grants-in8 aid for airport planning and development, and for noise

9 compatibility planning and programs under the Airport

10 and Airway Improvement Act of 1982, as amended, and

11 under other law authorizing such obligations,

12 $1,500,000,000, to be derived from the Airport and Air13 way Trust Fund and to remain available until expended:

14 Provided, That none of the funds in this Act shall be avail15 able for the planning or execution of programs the com16 mitments for which are in excess of $1,500,000,000 in fis17 cal year 1995 for grants-in-aid for airport planning and

18 development, and noise compatibility planning and pro19 grams, notwithstanding section 506(e)(4) of the Airport

20 and Airway Improvement Act of 1982, as amended.

21 AVIATION INSURANCE REVOLVING FUND

22 The Secretary of Transportation is hereby authorized

23 to make such expenditures and investments, within the

24 limits of funds available pursuant to section 1306 of the

25 Federal Aviation Act of 1958, as amended (49 U.S.C.
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1 App. 1536), and in accordance with section 104 of the

2 Government Corporation Control Act, as amended (31

3 U.S.C. 9104), as may be necessary in carrying out the

4 program for aviation insurance activities under title XIII

5 of the Federal Aviation Act of 1958.

6 FEDERAL HIGHWAY ADMINISTRATION

7 LIMITATION ON GENERAL OPERATING EXPENSES

8 Necessary expenses for administration, operation, in9 cluding motor carrier safety program operations, and re10 search of the Federal Highway Administration not to ex11 ceed $524,021,000 shall be paid in accordance with law

12 from appropriations made available by this Act to the Fed13 eral Highway Administration together with advances and

14 reimbursements received by the Federal Highway Admin15 istration: Provided, That not to exceed $216,805,000 of

16 the amount provided herein shall remain available until

17 September 30, 1997.

18 HIGHWAY-RELATED SAFETY GRANTS

19 (LIQUIDATION OF CONTRACT AUTHORIZATION)

20 (HIGHWAY TRUST FUND)

21 (INCLUDING TRANSFER OF FUNDS)

22 For payment of obligations incurred in carrying out

23 the provisions of title 23, United States Code, section 402

24 administered by the Federal Highway Administration, to

25 remain available until expended, $10,000,000, to be de-
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1 rived from the Highway Trust Fund: Provided, That not

2 to exceed $100,000 of the amount appropriated herein

3 shall be available for ‘‘Limitation on general operating ex4 penses’’: Provided further, That none of the funds in this

5 Act shall be available for the planning or execution of pro6 grams the obligations for which are in excess of

7 $10,000,000 in fiscal year 1995 for ‘‘Highway-Related

8 Safety Grants’’.

9 FEDERAL-AID HIGHWAYS

10 (LIMITATION ON OBLIGATIONS)

11 (HIGHWAY TRUST FUND)

12 None of the funds in this Act shall be available for

13 the implementation or execution of programs the obliga14 tions for which are in excess of $17,160,000,000 for Fed15 eral-aid highways and highway safety construction pro16 grams for fiscal year 1995.

17 FEDERAL-AID HIGHWAYS

18 (LIQUIDATION OF CONTRACT AUTHORIZATION)

19 (HIGHWAY TRUST FUND)

20 For carrying out the provisions of title 23, United

21 States Code, that are attributable to Federal-aid high22 ways, including the National Scenic and Recreational

23 Highway as authorized by 23 U.S.C. 148, not otherwise

24 provided, including reimbursements for sums expended

25 pursuant to the provisions of 23 U.S.C. 308,

26 $17,000,000,000 or so much thereof as may be available
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1 in and derived from the Highway Trust Fund, to remain

2 available until expended.

3 RIGHT-OF-WAY REVOLVING FUND

4 (LIMITATION ON DIRECT LOANS)

5 (HIGHWAY TRUST FUND)

6 During fiscal year 1995 and with the resources and

7 authority available, gross obligations for the principal

8 amount of direct loans shall not exceed $42,500,000.

9 MOTOR CARRIER SAFETY GRANTS

10 (LIQUIDATION OF CONTRACT AUTHORIZATION)

11 (HIGHWAY TRUST FUND)

12 For payment of obligations incurred in carrying out

13 the provisions of section 402 of Public Law 97–424,

14 $73,000,000, to be derived from the Highway Trust Fund

15 and to remain available until expended: Provided, That

16 none of the funds in this Act shall be available for the

17 implementation or execution of programs the obligations

18 for which are in excess of $74,000,000 for ‘‘Motor Carrier

19 Safety Grants’’.

20 SURFACE TRANSPORTATION PROJECTS

21 For up to 80 percent of the expenses necessary for

22 certain highway and surface transportation projects and

23 parking facilities, including feasibility and environmental

24 studies, that advance methods of improving safety, reduc-
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1 ing congestion, or otherwise improving surface transpor2 tation, $299,862,000, to remain available until expended.

3 NATIONAL HIGHWAY TRAFFIC SAFETY

4 ADMINISTRATION

5 OPERATIONS AND RESEARCH

6 For expenses necessary to discharge the functions of

7 the Secretary with respect to traffic and highway safety

8 under the Motor Vehicle Information and Cost Savings

9 Act (Public Law 92–513, as amended) and the National

10 Traffic and Motor Vehicle Safety Act, (Public Law 89–

11 563, as amended) $74,352,000, of which $38,327,000

12 shall remain available until September 30, 1997.

13 (RESCISSIONS)

14 Of the amounts provided under this heading in Public

15 Law 102–388, $103,929 are rescinded.

16 Of the amounts provided under this heading in Public

17 Law 101–516 and Public Law 101–164, $3,268,700 are

18 rescinded.

19 OPERATIONS AND RESEARCH

20 (HIGHWAY TRUST FUND)

21 For expenses necessary to discharge the functions of

22 the Secretary with respect to traffic and highway safety

23 under 23 U.S.C. 403 and section 2006 of the Intermodal

24 Surface Transportation Efficiency Act of 1991, to be de25 rived from the Highway Trust Fund, $46,997,000, of
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1 which $29,891,000 shall remain available until September

2 30, 1997.

3 HIGHWAY TRAFFIC SAFETY GRANTS

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (HIGHWAY TRUST FUND)

6 For payment of obligations incurred carrying out the

7 provisions of 23 U.S.C. 153, 402, 408, and 410, section

8 211(b) of the National Driver Register Act of 1982, as

9 amended, and section 209 of Public Law 95–599, as

10 amended, to remain available until expended,

11 $151,000,000, to be derived from the Highway Trust

12 Fund: Provided, That, notwithstanding subsection

13 2009(b) of the Intermodal Surface Transportation Effi14 ciency Act of 1991, none of the funds in this Act shall

15 be available for the planning or execution of programs the

16 total obligations for which, in fiscal year 1995, are in ex17 cess of $151,400,000 for programs authorized under 23

18 U.S.C. 402 and 410, as amended, of which $123,000,000

19 shall be for ‘‘State and community highway safety

20 grants’’, $3,400,000 shall be for the ‘‘National Driver

21 Register’’, and $25,000,000 shall be for section 410 ‘‘Al22 cohol-impaired driving countermeasures programs’’: Pro23 vided further, That none of these funds shall be used for

24 construction, rehabilitation or remodeling costs, or for of25 fice furnishings and fixtures for State, local, or private
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1 buildings or structures: Provided further, That not to ex2 ceed $5,153,000 of the funds made available for section

3 402 may be available for administering ‘‘State and com4 munity highway safety grants’’: Provided further, That not

5 to exceed $500,000 of the funds made available for section

6 410 may be available for technical assistance to the

7 States.

8 FEDERAL RAILROAD ADMINISTRATION

9 OFFICE OF THE ADMINISTRATOR

10 For necessary expenses of the Federal Railroad Ad11 ministration, not otherwise provided for, $13,650,000, of

12 which $1,300,000 shall remain available until expended:

13 Provided, That none of the funds in this Act shall be avail14 able for the planning or execution of a program making

15 commitments to guarantee new loans under the Emer16 gency Rail Services Act of 1970, as amended, and that

17 no new commitments to guarantee loans under section

18 211(a) or 211(h) of the Regional Rail Reorganization Act

19 of 1973, as amended, shall be made: Provided further,

20 That, as part of the Washington Union Station trans21 action in which the Secretary assumed the first deed of

22 trust on the property and, where the Union Station Rede23 velopment Corporation or any successor is obligated to

24 make payments on such deed of trust on the Secretary’s

25 behalf, including payments on and after September 30,
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1 1988, the Secretary is authorized to receive such payments

2 directly from the Union Station Redevelopment Corpora3 tion, credit them to the appropriation charged for the first

4 deed of trust, and make payments on the first deed of

5 trust with those funds: Provided further, That such addi6 tional sums as may be necessary for payment on the first

7 deed of trust may be advanced by the Administrator from

8 unobligated balances available to the Federal Railroad Ad9 ministration, to be reimbursed from payments received

10 from the Union Station Redevelopment Corporation.

11 LOCAL RAIL FREIGHT ASSISTANCE

12 For necessary expenses for rail assistance under

13 section 5(q) of the Department of Transportation Act, as

14 amended, $17,000,000, to remain available until ex15 pended.

16 RAILROAD SAFETY

17 For necessary expenses in connection with railroad

18 safety, not otherwise provided for, $47,067,000, of which

19 $2,500,000 shall remain available until expended.

20 RAILROAD RESEARCH AND DEVELOPMENT

21 For necessary expenses for railroad research and de22 velopment, $17,145,000, to remain available until ex23 pended.
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1 NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

2 For necessary expenses related to Northeast Corridor

3 improvements authorized by title VII of the Railroad Revi4 talization and Regulatory Reform Act of 1976, as amend5 ed (45 U.S.C. 851 et seq.) and the Rail Safety Improve6 ment Act of 1988, $165,000,000, to remain available until

7 September 30, 1997.

8 RAILROAD REHABILITATION AND IMPROVEMENT

9 PROGRAM

10 The Secretary of Transportation is authorized to

11 issue to the Secretary of the Treasury notes or other obli12 gations pursuant to section 512 of the Railroad Revitaliza13 tion and Regulatory Reform Act of 1976 (Public Law 94–

14 210), as amended, in such amounts and at such times as

15 may be necessary to pay any amounts required pursuant

16 to the guarantee of the principal amount of obligations

17 under sections 511 through 513 of such Act, such author18 ity to exist as long as any such guaranteed obligation is

19 outstanding: Provided, That no new loan guarantee com20 mitments shall be made during fiscal year 1995: Provided

21 further, That, notwithstanding any other provision of law,

22 for fiscal year 1989 and each fiscal year thereafter all

23 amounts realized from the sale of notes or securities sold

24 under authority of this section shall be considered as cur25 rent year domestic discretionary outlay offsets and not as
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1 ‘‘asset sales’’ or ‘‘loan prepayments’’ as defined by section

2 257(12) of the Balanced Budget and Emergency Deficit

3 Control Act of 1985, as amended: Provided further, That

4 any underwriting fees and related expenses shall be de5 rived solely from the proceeds of the sales.

6 NATIONAL MAGNETIC LEVITATION PROTOTYPE

7 DEVELOPMENT

8 (LIMITATION ON OBLIGATIONS)

9 (HIGHWAY TRUST FUND)

10 None of the funds in this Act shall be available for

11 the planning or execution of the National Magnetic Levita12 tion Prototype Development program as defined in sub13 sections 1036(b) and 1036(d)(1)(A) of the Intermodal

14 Surface Transportation Efficiency Act of 1991.

15 NEXT GENERATION HIGH SPEED RAIL

16 For necessary expenses for Next Generation High

17 Speed Rail studies, corridor planning, development, dem18 onstration, and implementation, $20,000,000, to remain

19 available until expended: Provided, That funds under this

20 head may be made available for grants to states for high

21 speed rail corridor design, feasibility studies, and environ22 mental analyses.
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1 TRUST FUND SHARE OF NEXT GENERATION HIGH

2 SPEED RAIL

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (HIGHWAY TRUST FUND)

5 For grants and payment of obligations incurred in

6 carrying out the provisions of the High-Speed Ground

7 Transportation program as defined in subsections 1036(c)

8 and 1036(d)(1)(B) of the Intermodal Surface Transpor9 tation Efficiency Act of 1991, including planning and en10 vironmental analyses, $3,400,000, to be derived from the

11 Highway Trust Fund and to remain available until ex12 pended: Provided, That none of the funds in this Act shall

13 be available for the implementation or execution of pro14 grams the obligations for which are in excess of

15 $5,000,000.

16 GRANTS TO THE NATIONAL RAILROAD PASSENGER

17 CORPORATION

18 To enable the Secretary of Transportation to make

19 grants to the National Railroad Passenger Corporation

20 authorized by 45 U.S.C. 601, to remain available until ex21 pended, $771,700,000, of which $526,700,000 shall be

22 available for operating losses incurred by the Corporation,

23 for mandatory passenger rail service payments, and for

24 labor protection costs, and of which $245,000,000, not to

25 become available until July 1, 1995, shall be available for

26 capital improvements: Provided, That none of the funds
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1 herein appropriated shall be used for lease or purchase

2 of passenger motor vehicles or for the hire of vehicle oper3 ators for any officer or employee, other than the president

4 of the Corporation, excluding the lease of passenger motor

5 vehicles for those officers or employees while in official

6 travel status: Provided further, That of the funds provided

7 under this head for operating losses, $8,000,000 is avail8 able only for the National Railroad Passenger Corpora9 tion’s share of short-term avoidable costs for state-sup10 ported rail services authorized under section 403(b) of the

11 Rail Passenger Service Act, as amended.

12 FEDERAL TRANSIT ADMINISTRATION

13 ADMINISTRATIVE EXPENSES

14 For necessary administrative expenses of the Federal

15 Transit Administration’s programs authorized by the Fed16 eral Transit Act and 23 U.S.C. chapter 1 in connection

17 with these activities, including hire of passenger motor ve18 hicles and services as authorized by 5 U.S.C. 3109,

19 $43,060,000.

20 FORMULA GRANTS

21 For necessary expenses to carry out the provisions

22 of sections 9, 16(b)(2), and 18 of the Federal Transit Act,

23 to remain available until expended, $1,356,050,000: Pro24 vided, That no more than $2,506,050,000 of budget au25 thority shall be available for these purposes: Provided fur-
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1 ther, That of the funds provided under this head for for2 mula grants no more than $700,000,000 may be used for

3 operating assistance under section 9(k)(2) of the Federal

4 Transit Act: Provided further, That of the funds provided

5 under this head, $16,000,000 shall be available for grants

6 for the costs of planning, delivery and temporary use of

7 transit vehicles for special transportation needs of the

8 XXVth Summer Olympiad and the Xth Paralympiad for

9 the Disabled, to be held in Atlanta, Georgia, of which

10 $5,600,000 shall be available for the Paralympic Games:

11 Provided further, That in allocating the funds designated

12 in the preceding proviso, the Secretary may make grants

13 to any public body the Secretary deems appropriate, and

14 such grants shall not be subject to any local share require15 ment or limitation on operating assistance under this Act

16 or the Federal Transit Act: Provided further, That none

17 of the funds made available for the XXVth Olympiad or

18 the Xth Paralympiad for the Disabled shall be expended

19 before October 1, 1995.

20 UNIVERSITY TRANSPORTATION CENTERS

21 For necessary expenses for university transportation

22 centers as authorized by section 11(b) of the Federal

23 Transit Act, to remain available until expended,

24 $6,000,000.
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1 TRANSIT PLANNING AND RESEARCH

2 For necessary expenses for transit planning and re3 search as authorized by section 26 of the Federal Transit

4 Act, to remain available until expended, $92,250,000.

5 TRUST FUND SHARE OF TRANSIT PROGRAMS

6 (LIQUIDATION OF CONTRACT AUTHORIZATION)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in carrying out

9 section 21(a) of the Federal Transit Act, $1,150,000,000,

10 to remain available until expended and to be derived from

11 the Highway Trust Fund: Provided, That $1,150,000,000

12 shall be paid from the Mass Transit Account of the High13 way Trust Fund to the Federal Transit Administration’s

14 formula grants account.

15 DISCRETIONARY GRANTS

16 (LIMITATION ON OBLIGATIONS)

17 (HIGHWAY TRUST FUND)

18 None of the funds in this Act shall be available for

19 the implementation or execution of programs the obliga20 tions for which are in excess of $1,725,000,000 in fiscal

21 year 1995 for grants under the contract authority in sec22 tion 21(b) of the Federal Transit Act: Provided, That not23 withstanding any provision of law, there shall be available

24 for fixed guideway modernization, $725,000,000; there

25 shall be available for the replacement, rehabilitation, and

26 purchase of buses and related equipment and the con-
27

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1 struction of bus-related facilities, $353,330,000; and there

2 shall be available for new fixed guideway systems,

3 $646,670,000, to be available as follows:

4 $48,000,000 for the South Boston Piers

5 transitway project;

6 $50,000,000 for the Chicago central area

7 circulator project;

8 $33,770,000 for the Dallas South Oak Cliff

9 LRT project;

10 $5,000,000 for the DART North Central light

11 rail extension project;

12 $6,000,000 for the Dallas-Fort Worth

13 RAILTRAN project;

14 $20,000,000 for the Florida Tri-County com15 muter rail project;

16 $60,000,000 for the Houston Regional Bus

17 Plan program;

18 $165,000,000 for the Los Angeles Metro Rail

19 (MOS–3) project;

20 $2,000,000 for the Miami Metrorail north cor21 ridor extension project;

22 $500,000 for the New Jersey Urban Core

23 project;

24 $10,000,000 for the New Orleans Canal Street

25 Corridor project;
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1 $45,000,000 for the New York Queens Connec2 tion project;

3 $2,400,000 for the Cincinnati Northeast/North4 ern Kentucky rail line project;

5 $10,000,000 for the Orange County Transitway

6 project;

7 $10,000,000 for the Pittsburgh Busway

8 projects;

9 $73,500,000 for the Portland Westside LRT

10 project;

11 $10,000,000 for the Salt Lake City light rail

12 project: Provided, That such funding may be made

13 available for related high-occupancy vehicle lane and

14 intermodal corridor design costs: Provided further,

15 That notwithstanding the provisions of Public Law

16 103–122, funds provided for the Salt Lake City

17 light rail project in that Act may be used for final

18 design;

19 $40,300,000 for the San Francisco BART Ex20 tension/Tasman corridor project;

21 $10,000,000 for the San Juan, Puerto Rico

22 Tren Urbano project;

23 $4,700,000 for the Seattle-Renton-Tacoma

24 commuter rail project;
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1 $19,500,000 for the St. Louis Metro Link LRT

2 project;

3 $1,000,000 for the Tampa to Lakeland com4 muter rail project;

5 $10,000,000 for the Twin Cities central cor6 ridor project;

7 $5,000,000 for the Wisconsin central commuter

8 project; and

9 $5,000,000 for the Whitehall ferry terminal,

10 New York, New York.

11 MASS TRANSIT CAPITAL FUND

12 (LIQUIDATION OF CONTRACT AUTHORIZATION)

13 (HIGHWAY TRUST FUND)

14 For payment of obligations incurred in carrying out

15 section 21 (b) of the Federal Transit Act, administered

16 by the Federal Transit Administration, $1,500,000,000,

17 to be derived from the Highway Trust Fund and to remain

18 available until expended.

19 INTERSTATE TRANSFER GRANTS—TRANSIT

20 For necessary expenses to carry out the provisions

21 of 23 U.S.C. 103(e)(4) related to transit projects,

22 $48,030,000, to remain available until expended: Pro23 vided, That notwithstanding the formula for apportion24 ment under 23 U.S.C. 103(e)(4)(J), of the amount made

25 available under this head, only $9,500,000 shall be avail-
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1 able for the substitute transit project approved under sec2 tion 1045 of Public Law 102–240.

3 WASHINGTON METROPOLITAN AREA TRANSIT

4 AUTHORITY

5 For necessary expenses to carry out the provisions

6 of section 14 of Public Law 96–184 and Public Law 101–

7 551, $200,000,000, to remain available until expended.

8 SAINT LAWRENCE SEAWAY DEVELOPMENT

9 CORPORATION

10 The Saint Lawrence Seaway Development Corpora11 tion is hereby authorized to make such expenditures, with12 in the limits of funds and borrowing authority available

13 to the Corporation, and in accord with law, and to make

14 such contracts and commitments without regard to fiscal

15 year limitations as provided by section 104 of the Govern16 ment Corporation Control Act, as amended, as may be

17 necessary in carrying out the programs set forth in the

18 Corporation’s budget for the current fiscal year.

19 OPERATIONS AND MAINTENANCE

20 (HARBOR MAINTENANCE TRUST FUND)

21 For necessary expenses for operation and mainte22 nance of those portions of the Saint Lawrence Seaway op23 erated and maintained by the Saint Lawrence Seaway De24 velopment Corporation, $10,271,000, to be derived from
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1 the Harbor Maintenance Trust Fund, pursuant to Public

2 Law 99–662.

3 RESEARCH AND SPECIAL PROGRAMS

4 ADMINISTRATION

5 RESEARCH AND SPECIAL PROGRAMS

6 For expenses necessary to discharge the functions of

7 the Research and Special Programs Administration,

8 $26,074,000, of which $185,000 shall be derived from the

9 Pipeline Safety Fund, and of which $2,468,000 shall re10 main available until September 30, 1997: Provided, That

11 up to $1,000,000 in fees collected under section

12 106(c)(11) of the Hazardous Materials Transportation

13 Act, as amended (49 U.S.C. App. 1805(c)(11)) shall be

14 deposited in the general fund of the Treasury as offsetting

15 receipts: Provided further, That notwithstanding any other

16 provision of law, there may be credited to this appropria17 tion up to $1,000,000 in funds received from user fees

18 established to support the electronic tariff filing system:

19 Provided further, That there may be credited to this appro20 priation funds received from user fees established to de21 fray the costs of obtaining, preparing, and publishing in

22 automatic data processing tape format the United States

23 International Air Travel Statistics data base published by

24 the Department.
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1 PIPELINE SAFETY

2 (PIPELINE SAFETY FUND)

3 For expenses necessary to conduct the functions of

4 the pipeline safety program, for grants-in-aid to carry out

5 a pipeline safety program, as authorized by section 5 of

6 the Natural Gas Pipeline Safety Act of 1968, as amended,

7 and the Hazardous Liquid Pipeline Safety Act of 1979,

8 as amended, and to discharge the pipeline program re9 sponsibilities of the Oil Pollution Act of 1990,

10 $32,967,000; of which $2,432,500 shall be derived from

11 the Oil Spill Liability Trust Fund and shall remain avail12 able until September 30, 1997; and of which $30,534,500

13 shall be derived from the Pipeline Safety Fund, of which

14 $14,323,000 shall remain available until September 30,

15 1997.

16 EMERGENCY PREPAREDNESS GRANTS

17 (EMERGENCY PREPAREDNESS FUND)

18 For necessary expenses to carry out section

19 117A(i)(3)(B) of the Hazardous Materials Transportation

20 Act, as amended, $400,000 to be derived from the Emer21 gency Preparedness Fund, to remain available until Sep22 tember 30, 1997: Provided, That not more than

23 $10,550,000 shall be made available for obligation in fis24 cal year 1995 from amounts made available by section

25 117A(h)(6)(B) and (i)(1), (2) and (4) of the Hazardous
33

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1 Materials Transportation Act, as amended: Provided fur2 ther, That no such funds shall be made available for obli3 gation by individuals other than the Secretary of Trans4 portation or his designee.

5 ALASKA PIPELINE TASK FORCE

6 (RESCISSION)

7 (OIL SPILL LIABILITY TRUST FUND)

8 Of the funds made available under this heading in

9 Public Law 102–388, $544,000 are rescinded.

10 OFFICE OF THE INSPECTOR GENERAL

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the Inspector

13 General to carry out the provisions of the Inspector Gen14 eral Act of 1978, as amended, $40,000,000.

15 TITLE II

16 RELATED AGENCIES

17 ARCHITECTURAL AND TRANSPORTATION

18 BARRIERS COMPLIANCE BOARD

19 SALARIES AND EXPENSES

20 For expenses necessary for the Architectural and

21 Transportation Barriers Compliance Board, as authorized

22 by section 502 of the Rehabilitation Act of 1973, as

23 amended, $3,350,000: Provided, That, notwithstanding

24 any other provision of law, there may be credited to this

25 appropriation funds received for publications and training

26 expenses.
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1 NATIONAL TRANSPORTATION SAFETY BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Transpor4 tation Safety Board, including hire of passenger motor ve5 hicles and aircraft; services as authorized by 5 U.S.C.

6 3109, but at rates for individuals not to exceed the per

7 diem rate equivalent to the rate for a GS–18; uniforms,

8 or allowances therefor, as authorized by law (5 U.S.C.

9 5901–5902), $37,392,000, of which not to exceed $1,000

10 may be used for official reception and representation ex11 penses.

12 INTERSTATE COMMERCE COMMISSION

13 $8,300,000 in fees collected in fiscal year 1995 by

14 the Interstate Commerce Commission pursuant to 31

15 U.S.C. 9701 shall be made available to this appropriation

16 in fiscal year 1995.

17 PAYMENTS FOR DIRECTED RAIL SERVICE

18 (LIMITATION ON OBLIGATIONS)

19 None of the funds provided in this Act shall be avail20 able for the execution of programs the obligations for

21 which can reasonably be expected to exceed $475,000 for

22 directed rail service authorized under 49 U.S.C. 11125 or

23 any other Act.
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1 PANAMA CANAL COMMISSION

2 PANAMA CANAL REVOLVING FUND

3 For administrative expenses of the Panama Canal

4 Commission, including not to exceed $11,000 for official

5 reception and representation expenses of the Board; not

6 to exceed $5,000 for official reception and representation

7 expenses of the Secretary; and not to exceed $30,000 for

8 official reception and representation expenses of the Ad9 ministrator, $50,030,000, to be derived from the Panama

10 Canal Revolving Fund: Provided, That none of these funds

11 may be used for the planning or execution of

12 nonadministrative and capital programs the obligations

13 for which are in excess of $540,000,000 in fiscal year

14 1994: Provided further, That funds available to the Pan15 ama Canal Commission shall be available for the purchase

16 of not to exceed forty-three passenger motor vehicles for

17 replacement only (including large heavy-duty vehicles used

18 to transport Commission personnel across the Isthmus of

19 Panama), the purchase price of which shall not exceed

20 $19,500 per vehicle.

21 DEPARTMENT OF THE TREASURY

22 REBATE OF SAINT LAWRENCE SEAWAY TOLLS

23 (HARBOR MAINTENANCE TRUST FUND)

24 For rebate of the United States portion of tolls paid

25 for use of the Saint Lawrence Seaway, pursuant to Public
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1 Law 99–662, $9,319,000, to remain available until ex2 pended and to be derived from the Harbor Maintenance

3 Trust Fund, of which not to exceed $132,000 shall be

4 available for expenses of administering the rebates.

5 WASHINGTON METROPOLITAN AREA TRANSIT

6 AUTHORITY

7 INTEREST PAYMENTS AND REPAYMENTS OF PRINCIPAL

8 For payment of obligations incurred pursuant to

9 Public Law 96–184 and the Initial Bond Repayment Par10 ticipation Agreement, $664,666,667, to remain available

11 until expended, which shall be used only to repay principal

12 to the Federal Financing Bank for the Washington Metro13 rail construction loan; and in addition, such amounts as

14 are necessary for payment to the Federal Financing Bank,

15 of accrued interest and premium, if any, for such loan.

16 TITLE III

17 GENERAL PROVISIONS

18 (INCLUDING TRANSFERS OF FUNDS)

19 SEC. 301. During the current fiscal year applicable

20 appropriations to the Department of Transportation shall

21 be available for maintenance and operation of aircraft;

22 hire of passenger motor vehicles and aircraft; purchase of

23 liability insurance for motor vehicles operating in foreign

24 countries on official department business; and uniforms,
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1 or allowances therefor, as authorized by law (5 U.S.C.

2 5901–5902).

3 SEC. 302. Funds for the Panama Canal Commission

4 may be apportioned notwithstanding 31 U.S.C. 1341 to

5 the extent necessary to permit payment of such pay in6 creases for officers or employees as may be authorized by

7 administrative action pursuant to law that are not in ex8 cess of statutory increases granted for the same period

9 in corresponding rates of compensation for other employ10 ees of the government in comparable positions.

11 SEC. 303. Funds appropriated under this Act for ex12 penditures by the Federal Aviation Administration shall

13 be available (1) except as otherwise authorized by the Act

14 of September 30, 1950 (20 U.S.C. 236–244), for expenses

15 of primary and secondary schooling for dependents of Fed16 eral Aviation Administration personnel stationed outside

17 the continental United States at costs for any given area

18 not in excess of those of the Department of Defense for

19 the same area, when it is determined by the Secretary that

20 the schools, if any, available in the locality are unable to

21 provide adequately for the education of such dependents,

22 and (2) for transportation of said dependents ÷between

23 schools serving the area that they attend and their places

24 of residence when the Secretary, under such regulations

25 as may be prescribed, determines that such schools are
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1 not accessible by public means of transportation on a regu2 lar basis.

3 SEC. 304. Appropriations contained in this Act for

4 the Department of Transportation shall be available for

5 services as authorized by 5 U.S.C. 3109, but at rates for

6 individuals not to exceed the per diem rate equivalent to

7 the rate for a Executive Level IV.

8 SEC. 305. None of the funds for the Panama Canal

9 Commission may be expended unless in conformance with

10 the Panama Canal Treaties of 1977 and any law imple11 menting those treaties.

12 SEC. 306. None of the funds in this Act shall be used

13 for the planning or execution of any program to pay the

14 expenses of, or otherwise compensate, non-federal parties

15 intervening in regulatory or adjudicatory proceedings

16 funded in this Act.

17 SEC. 307. None of the funds appropriated in this Act

18 shall remain available for obligation beyond the current

19 fiscal year, nor may any be transferred to other appropria20 tions, unless expressly so provided herein.

21 SEC. 308. None of the funds in this Act shall be avail22 able for the planning or implementation of any change in

23 the current federal status of the Volpe National Transpor24 tation Systems Center, and none of the funds in this Act

25 shall be available for the implementation of any change
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1 in the current federal status of the Turner-Fairbank

2 Highway Research Center: Provided, That the Secretary

3 may plan for further development of the Volpe National

4 Transportation Systems Center and for other compatible

5 uses of the Center’s real property: Provided further, That

6 any such planning does not alter the federal status of the

7 Center’s research and development operation.

8 SEC. 309. The expenditure of any appropriation

9 under this Act for any consulting service through procure10 ment contract pursuant to section 3109 of title 5, United

11 States Code, shall be limited to those contracts where such

12 expenditures are a matter of public record and available

13 for public inspection, except where otherwise provided

14 under existing law, or under existing Executive order is15 sued pursuant to existing law.

16 SEC. 310. (a) For fiscal year 1995 the Secretary of

17 Transportation shall distribute the obligation limitation

18 for Federal-aid highways by allocation in the ratio which

19 sums authorized to be appropriated for Federal-aid high20 ways that are apportioned or allocated to each State for

21 such fiscal year bear to the total of the sums authorized

22 to be appropriated for Federal-aid highways that are ap23 portioned or allocated to all the States for such fiscal year.

24 (b) During the period October 1 through December

25 31, 1994, no State shall obligate more than 25 per centum
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1 of the amount distributed to such State under subsection

2 (a), and the total of all State obligations during such pe3 riod shall not exceed 15 per centum of the total amount

4 distributed to all States under such subsection.

5 (c) Notwithstanding subsections (a) and (b), the Sec6 retary shall—

7 (1) provide all States with authority sufficient

8 to prevent lapses of sums authorized to be appro9 priated for Federal-aid highways that have been ap10 portioned to a State, except in those instances in

11 which a State indicates its intention to lapse sums

12 apportioned under section 104(b)(5)(A) of title 23,

13 United States Code;

14 (2) after August 1, 1995, revise a distribution

15 of the funds made available under subsection (a) if

16 a State will not obligate the amount distributed dur17 ing that fiscal year and redistribute sufficient

18 amounts to those States able to obligate amounts in

19 addition to those previously distributed during that

20 fiscal year giving priority to those States having

21 large unobligated balances of funds apportioned

22 under sections 103(e)(4), 104, 144, of title 23,

23 United States Code, and under sections 1013(c) and

24 1015 of Public Law 102–240;
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1 (3) not distribute amounts authorized for ad2 ministrative expenses and funded from the adminis3 trative takedown authorized by section 104(a), Title

4 23 U.S.C., the Federal lands highway program, the

5 intelligent vehicle highway systems program, and

6 amounts made available under sections 1040, 1047,

7 1064, 6001, 6005, 6006, 6023, and 6024, of Public

8 Law 102–240: Provided, That amounts made avail9 able under section 6005 of Public Law 102–240

10 shall be subject to the obligation limitation for Fed11 eral-aid highways and highway safety construction

12 programs under the head ‘‘Federal-Aid Highways’’

13 in this Act; and

14 (4) notwithstanding subsection (a), the Sec15 retary shall withhold from initial distribution the fis16 cal year 1995 Federal-aid highways obligation limi17 tation set aside for Interstate Construction Discre18 tionary projects: Provided, That the Secretary shall

19 distribute only after August 1, 1995, such obligation

20 limitation withheld in accordance with this section to

21 those States receiving Interstate Discretionary allo22 cations.

23 (d) During the period October 1 through December

24 31, 1994, the aggregate amount of obligations under sec25 tion 157 of title 23, United States Code, for projects cov-
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1 ered under section 147 of the Surface Transportation As2 sistance Act of 1978, section 9 of the Federal-Aid High3 way Act of 1981, sections 131(b), 131(j), and 404 of Pub4 lic Law 97–424, sections 1061, 1103 through 1108, 4008,

5 and 6023(b)(8) and 6023(b)(10) of Public Law 102–240,

6 and for projects authorized by Public Law 99–500 and

7 Public Law 100–17, shall not exceed $325,155,150.

8 (e) During the period August 2 through September

9 30, 1995, the aggregate amount which may be obligated

10 by all States pursuant to paragraph (d) shall not exceed

11 2.5 percent of the aggregate amount of funds apportioned

12 or allocated to all States—

13 (1) under sections 104 and 144 of title 23,

14 United States Code, and 1013(c) and 1015 of Public

15 Law 102–240, and

16 (2) for highway assistance projects under sec17 tion 103(e)(4) of title 23, United States Code,

18 which would not be obligated in fiscal year 1995 if the

19 total amount of the obligation limitation provided for such

20 fiscal year in this Act were utilized.

21 (f) Paragraph (e) shall not apply to any State which

22 on or after August 1, 1995, has the amount distributed

23 to such State under paragraph (a) for fiscal year 1995

24 reduced under paragraph (c)(2).
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1 SEC. 311. None of the funds in this Act shall be avail2 able for salaries and expenses of more than one hundred

3 and ten political and Presidential appointees in the De4 partment of Transportation: Provided, That none of the

5 personnel covered by this provision may be assigned on

6 temporary detail outside the Department of Transpor7 tation.

8 SEC. 312. Not to exceed $850,000 of the funds pro9 vided in this Act for the Department of Transportation

10 shall be available for the necessary expenses of advisory

11 committees.

12 SEC. 313. The limitation on obligations for the pro13 grams of the Federal Transit Administration shall not

14 apply to any authority under section 21 of the Federal

15 Transit Act, previously made available for obligation, or

16 to any other authority previously made available for obli17 gation under the discretionary grants program.

18 SEC. 314. None of the funds in this Act shall be used

19 to implement section 404 of title 23, United States Code.

20 SEC. 315. Such sums as may be necessary for fiscal

21 year 1995 pay raises for programs funded in this Act shall

22 be absorbed within the levels appropriated in this Act.

23 SEC. 316. None of the funds in this Act shall be avail24 able to plan, finalize, or implement regulations that would

25 establish a vessel traffic safety fairway less than five miles
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1 wide between the Santa Barbara Traffic Separation

2 Scheme and the San Francisco Traffic Separation

3 Scheme.

4 SEC. 317. Notwithstanding any other provision of

5 law, airports may transfer, without consideration, to the

6 Federal Aviation Administration instrument landing sys7 tems (along with associated approach lighting equipment

8 and runway visual range equipment) which conform to

9 Federal Aviation Administration design and performance

10 specifications, the purchase of which was assisted by a

11 Federal airport aid program, airport development aid pro12 gram or airport improvement program grant. The Federal

13 Aviation Administration shall accept such equipment,

14 which shall thereafter be operated and maintained by the

15 Federal Aviation Administration in accordance with agen16 cy criteria.

17 SEC. 318. None of the funds in this Act shall be avail18 able to award a multiyear contract for production end

19 items that (1) includes economic order quantity or long

20 lead time material procurement in excess of $10,000,000

21 in any one year of the contract or (2) includes a cancella22 tion charge greater than $10,000,000 which at the time

23 of obligation has not been appropriated to the limits of

24 the government’s liability or (3) includes a requirement

25 that permits performance under the contract during the
45

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1 second and subsequent years of the contract without con2 ditioning such performance upon the appropriation of

3 funds: Provided, That this limitation does not apply to a

4 contract in which the federal government incurs no finan5 cial liability from not buying additional systems, sub6 systems, or components beyond the basic contract require7 ments.

8 SEC. 319. None of the funds provided in this Act

9 shall be made available for planning and executing a pas10 senger manifest program by the Department of Transpor11 tation that only applies to United States flag carriers.

12 SEC. 320. None of the funds made available in this

13 Act may be used to implement, administer, or enforce the

14 provisions of section 1038(d) of Public Law 102–240.

15 SEC. 321. Notwithstanding any other provision of

16 law, and except for fixed guideway modernization projects,

17 funds made available by this Act under ‘‘Federal Transit

18 Administration, Discretionary grants’’ for projects speci19 fied in this Act or identified in reports accompanying this

20 Act not obligated by September 30, 1997, shall be made

21 available for other projects under section 3 of the Federal

22 Transit Act, as amended.

23 SEC. 322. Notwithstanding any other provision of

24 law, any funds appropriated before October 1, 1993, under

25 any section of the Federal Transit Act, as amended, that
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1 remain available for expenditure may be transferred to

2 and administered under the most recent appropriation

3 heading for any such section.

4 SEC. 323. (a) Of the budgetary resources available

5 to the Department of Transportation (excluding the Mari6 time Administration) during fiscal year 1995,

7 $65,120,000 are permanently canceled.

8 (b) The Secretary of Transportation shall allocate the

9 amount of budgetary resources canceled among the De10 partment’s accounts (excluding the Maritime Administra11 tion) available for procurement and procurement-related

12 expenses. Amounts available for procurement and procure13 ment-related expenses in each such account shall be re14 duced by the amount allocated to such account.

15 (c) For the purposes of this section, the definition

16 of ‘‘procurement’’ includes all stages of the process of ac17 quiring property or services, beginning with the process

18 of determining a need for a product or services and ending

19 with contract completion and closeout, as specified in 41

20 U.S.C. 403(2).

21 SEC. 324. Of the funds appropriated in Public Law

22 103–122 for railroad-highway crossings projects,

23 $20,000,000 shall be available for costs, not to exceed 80

24 percent, of a project to reduce rail-highway conflicts on

25 M–59 near Pontiac, Michigan, and a project on Bristol
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1 Road near Flint, Michigan, including $500,000 which

2 shall be made available to improve and upgrade Maple

3 Road at Bishop Airport, Michigan: Provided, That of the

4 funds appropriated in Public Law 94–387 for railroad5 highway demonstration projects, $486,000 in unobligated

6 balances shall be made available for the rail relocation

7 project in Lafayette, Indiana.

8 SEC. 325. None of the funds provided by this Act

9 shall be made available to any State, municipality or sub10 division thereof that diverts revenue generated by a public

11 airport in violation of the provisions of the Airport and

12 Airway Improvement Act of 1982, as amended.

13 SEC. 326. None of the funds in this Act shall be avail14 able to implement or enforce regulations that would result

15 in the withdrawal of a slot from an air carrier at O’Hare

16 International Airport under section 93.223 of title 14 of

17 the Code of Federal Regulations in excess of the total slots

18 withdrawn from that air carrier as of October 31, 1993

19 if such additional slot is to be allocated to an air carrier

20 or foreign air carrier under section 93.217 of title 14 of

21 the Code of Federal Regulations.

22 SEC. 327. None of the funds made available by this

23 Act may be obligated or expended to design, construct,

24 erect, modify or otherwise place any sign in any State re25 lating to any speed limit, distance, or other measurement
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1 on any highway if such sign establishes such speed limit,

2 distance, or other measurement using the metric system.

3 SEC. 328. None of the funds provided by this Act

4 shall be made available for any airport development

5 project, or projects, proposed in any grant application sub6 mitted in accordance with title V of Public Law 97–248

7 (96 Stat. 671; 49 U.S.C. App. 2201 et seq.) to any public

8 agency, public authority, or public airport that imposes a

9 fee for any passenger enplaning at the airport in any in10 stance where the passenger did not pay for the air trans11 portation which resulted in such enplanement, including

12 any case in which the passenger obtained the ticket for

13 the air transportation with a frequent flyer award coupon.

14 SEC. 329. None of the funds in this Act may be used

15 to continue the federally-funded research and development

16 center (FFRDC) relationship between the Federal Avia17 tion Administration and the Center for Advanced Aviation

18 Systems Development after March 31, 1995: Provided,

19 That the Federal Aviation Administration may continue

20 this work after March 31, 1995 only by full and open com21 petition among all interested parties, including the Center

22 for Advanced Aviation Systems Development.

23 SEC. 330. Funds provided in this Act for the Depart24 ment of Transportation working capital fund (WCF) shall

25 be reduced by $13,253,000, which limits fiscal year 1995
49

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1 WCF obligational authority for elements of the Depart2 ment of Transportation funded in this Act to no more

3 than $88,750,000: Provided, That such reductions from

4 the budget request shall be allocated by the Department

5 of Transportation to each appropriations account in pro6 portion to the amount included from each account for the

7 working capital fund.

8 SEC. 331. Funds provided in this Act for bonuses and

9 cash awards for employees of the Department of Trans10 portation shall be reduced by $6,012,680, which limits fis11 cal year 1995 obligational authority to no more than

12 $25,500,000: Provided, That this provision shall be ap13 plied to funds for Senior Executive Service bonuses, merit

14 pay, and other bonuses and cash awards.

15 SEC. 332. Section 127(a) of title 23, United States

16 Code, is amended by adding at the end the following:

17 ‘‘With respect to the State of Maryland, laws and regula18 tions in effect on June 1, 1993, shall be applicable for

19 the purposes of this subsection.’’.

20 SEC. 333. Funds received from States, counties, mu21 nicipalities, other public authorities, and private sources

22 for expenses incurred for training and for reports’ publica23 tion and dissemination may be credited to the Research

24 and Special Programs account.
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1 SEC. 334. Funds received from States, counties, mu2 nicipalities, other public authorities, and private sources

3 for expenses incurred for training may be credited to the

4 Federal Highway Administration’s ‘‘Limitation on Gen5 eral Operating Expenses’’ account, the Federal Transit

6 Administration’s ‘‘Transit Planning and Research’’ ac7 count, and to the Federal Railroad Administration’s

8 ‘‘Railroad Safety’’ account, except for State rail safety in9 spectors participating in training pursuant to section 206

10 of the Federal Railroad Safety Act of 1970.

11 SEC. 335. (a) Subsection (b) of section 1045 of the

12 Intermodal Surface Transportation Efficiency Act of 1991

13 (105 Stat. 1994) is amended to read as follows:

14 ‘‘(b) ELIGIBILITY FOR FEDERAL ASSISTANCE.—

15 ‘‘(1) GENERAL RULE.—Upon approval of any

16 substitute project or projects under subsection (a)—

17 ‘‘(A) the costs of construction of the eligi18 ble transitway project for which such project or

19 projects are substituted shall not be eligible for

20 funds authorized under section 108(b) of the

21 Federal-Aid Highway Act of 1956; and

22 ‘‘(B) a sum equal to the amount that

23 would have been apportioned to the State of

24 Wisconsin on October 1, 1994, under section

25 104(b)(5)(A) of title 23, United States Code, if
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1 the Secretary had not approved such project or

2 projects shall be available to the Secretary from

3 the Highway Trust Fund to incur obligations

4 for the Federal share of the costs of such sub5 stitute project or projects.

6 ‘‘(2) AVAILABILITY.—Amounts made available

7 under paragraph (1)(B) shall be available for obliga8 tion on and after October 1, 1994. Amounts made

9 available under paragraph (1)(B) shall remain avail10 able until expended and shall be subject to any limi11 tation on obligations for Federal-aid highways estab12 lished by law.

13 ‘‘(3) APPLICABILITY OF TITLE 23 U.S.C.—

14 Amounts made available under paragraph (1)(B)

15 shall be available for obligation in the same manner

16 as if such funds were apportioned under chapter 1

17 of title 23, United States Code; except that the Fed18 eral share of the cost of any project carried out with

19 such funds shall be determined in accordance with

20 section 103(e)(4)(D) of such title.’’.

21 (b) CONFORMING AMENDMENTS.—

22 (1) SUBSECTION (c).—The second sentence of

23 subsection (c) of section 1045 of such Act is amend24 ed by striking ‘‘the authority of section 103(e)(4) of
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1 title 23, United States Code,’’ and inserting ‘‘section

2 21(a)(2) of the Federal Transit Act’’.

3 (2) SUBSECTION (d)(1).—Subsection (d)(1) of

4 section 1045 of such Act is amended by striking

5 ‘‘project for’’ and all that follows through the period

6 at the end thereof and inserting ‘‘transit project.’’.

7 (3) SUBSECTION (d).—Subsection (d) of section

8 1045 of such Act is amended by striking paragraph

9 (3) and by redesignating paragraph (4) as para10 graph (3).

11 (c) REDUCTION OF INTERSTATE CONSTRUCTION AU12 THORIZATION.—Section 108(b) of the Federal-Aid High13 way Act of 1956 is amended by striking ‘‘$1,800,000,000

14 for the fiscal year ending September 30, 1996’’ and insert15 ing ‘‘$1,800,000,000, reduced by the amount made avail16 able under section 1045(b)(1)(B) of the Intermodal Sur17 face Transportation Efficiency Act of 1991, for the fiscal

18 year ending September 30, 1996’’.

19 SEC. 336. (a) FEDERAL LINE OF CREDIT.—For the

20 purpose of carrying out a demonstration of the construc21 tion of public toll roads in Orange County, California, au22 thorized by section 129(d) of title 23, United States Code,

23 there is hereby appropriated $8,000,000 for the Secretary

24 to enter into an agreement to make a line of credit avail25 able, with a principal amount not to exceed $120,000,000
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1 to the public entity or entities with the statutory authority

2 to construct such facilities.

3 (b) EFFECTIVE PERIOD.—The line of credit under

4 this section shall be available for draws during the period

5 beginning on the date of completion of construction and

6 ending on the last day of the tenth calendar year following

7 the date construction of the facilities is completed.

8 (c) PURPOSES.—The line of credit under this section

9 shall be available to pay the costs of extraordinary repair

10 and replacement of the facilities, unexpected Federal or

11 State environmental restrictions, operation and mainte12 nance expenses of the facilities, and debt service on tax13 exempt or taxable obligations financing the facilities.

14 (d) LIMITATIONS.—

15 (1) CAPITAL EXPENDITURES.—With respect to

16 capital expenditures, draws on the line of credit

17 under this section shall only be made if and to the

18 extent proceeds from the sale of the obligations is19 sued by the public entity or entities which otherwise

20 would be available for such purposes are exhausted,

21 or are otherwise unavailable for the payment of such

22 capital expenditures.

23 (2) EXPENSES.—With respect to expenses, in24 cluding operation and maintenance expenses and

25 debt service, a draw on the line of credit under this
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1 section shall only be made if revenues from toll oper2 ations and capitalized interest are insufficient (or

3 are otherwise unavailable) for such purposes.

4 (3) PER YEAR.—No more than 10 percent of

5 the total principal amount of the line of credit under

6 this section shall be available for draws in any one

7 year.

8 (4) THIRD PARTY CREDITOR RIGHTS.—No third

9 party creditor of the public entity or entities shall

10 have any right against the Federal Government with

11 respect to draws on the line of credit under this sec12 tion.

13 (5) AVAILABILITY FOR PARTICULAR COSTS.—

14 There is no guaranteed availability of proceeds of

15 the line of credit under this section for the payment

16 of any particular cost of the public entity or entities

17 which might be financed under this section.

18 (e) INTEREST RATE AND REPAYMENT PERIOD.—Any

19 draws (except for operation and maintenance expenses) on

20 the line of credit under this section shall accrue interest

21 at the 30-year United States Treasury bond rate begin22 ning on the date such draws are made and shall be repaid

23 in not more than 30 years; except that any draws under

24 the line of credit for operation and maintenance expenses

25 shall accrue interest at the 3-year United States Treasury
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1 note rate beginning on the date such draws are made and

2 shall be repaid in not more than 3 years.

3 SEC. 337. The amount otherwise provided by this Act

4 for ‘‘DEPARTMENT OF TRANSPORTATION—OF5 FICE OF THE SECRETARY—Salaries and Expenses’’

6 is hereby increased by $26,300,000, of which amount

7 $8,300,000 shall be derived from amounts provided for in

8 this Act under the heading ‘‘INTERSTATE COM9 MERCE COMMISSION—Salaries and Expenses’’.

10 SEC. 338. (a) PURCHASE OF AMERICAN-MADE

11 EQUIPMENT AND PRODUCTS.—It is the sense of the Con12 gress that, to the greatest extent practicable, all equip13 ment and products purchased with funds made available

14 in this Act should be American-made.

15 (b) NOTICE REQUIREMENT.—In providing financial

16 assistance to, or entering into any contract with, any en17 tity using funds made available in this Act, the head of

18 each Federal agency, to the greatest extent practicable,

19 shall provide to such entity a notice describing the state20 ment made in subsection (a) by the Congress.
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1 This Act may be cited as the ‘‘Department of Trans2 portation and Related Agencies Appropriations Act,

3 1995’’.

Passed the House of Representatives June 16, 1994.

Attest:

Clerk.

103D CONGRESS

2D SESSION H. R. 4556

AN ACT

Making appropriations for the Department of

purposes.year ending September 30, 1995, and for otherTransportation and related agencies for the fiscal