IB

Union Calendar No. 300

103D CONGRESS

2D SESSION H. R. 4556

[Report No. 103–543]

Making appropriations for the Department of Transportation and related

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

purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 9, 1994

Mr. CARR of Michigan, from the Committee on Appropriations, reported the

following bill; which was committed to the Committee of the Whole House

on the State of the Union and ordered to be printed

A BILL

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

2 purposes, namely:

3 TITLE I

4 DEPARTMENT OF TRANSPORTATION

5 OFFICE OF THE SECRETARY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Secretary,

8 $58,094,000, of which $3,962,000 shall remain available

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

10 be available as the Secretary may determine for allocation

11 within the Department for official reception and represen12 tation expenses: Provided, That notwithstanding any other

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

14 Minority Business Resource Center in this Act may be

15 used for business opportunities related to any mode of

16 transportation.

17 TRANSPORTATION PLANNING, RESEARCH, AND

18 DEVELOPMENT

19 For necessary expenses for conducting transportation

20 planning, research, and development activities, including

21 the collection of national transportation statistics, to re22 main available until expended, $2,693,000.
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1 OFFICE OF COMMERCIAL SPACE TRANSPORTATION

2 OPERATIONS AND RESEARCH

3 For necessary expenses for operations and research

4 activities related to commercial space transportation,

5 $6,060,000, of which $2,000,000 shall remain available

6 until expended.

7 WORKING CAPITAL FUND

8 Necessary expenses for operating costs and capital

9 outlays of the Department of Transportation Working

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

11 accordance with law, from appropriations made available

12 by this Act and prior appropriations Acts to the Depart13 ment of Transportation, together with advances and reim14 bursements received by the Department of Transpor15 tation.

16 PAYMENTS TO AIR CARRIERS

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (AIRPORT AND AIRWAY TRUST FUND)

19 (INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

20 For liquidation of obligations incurred for payments

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

22 determined under section 419 of the Federal Aviation Act

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

24 the Department of Transportation, $25,600,000, to re25 main available until expended and to be derived from the

26 Airport and Airway Trust Fund: Provided, That none of
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1 the funds in this Act shall be available for the implementa2 tion or execution of programs in excess of $25,600,000

3 for the Payments to Air Carriers program in fiscal year

4 1995: Provided further, That none of the funds in this Act

5 shall be used by the Secretary of Transportation to make

6 payment of compensation under section 419 of the Federal

7 Aviation Act of 1958, as amended, in excess of the appro8 priation in this Act for liquidation of obligations incurred

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

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

11 for the payment of claims for such compensation except

12 in accordance with this provision: Provided further, That

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

14 to communities in the forty-eight contiguous States and

15 Hawaii that are located fewer than seventy highway miles

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

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

18 That of funds provided for ‘‘Small Community Air Serv19 ice’’ by Public Law 101–508, $13,000,000 in fiscal year

20 1995 is hereby rescinded.

21 RENTAL PAYMENTS

22 For necessary expenses for rental of headquarters and

23 field space and related services assessed by the General

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

25 this amount, $1,872,000 shall be derived from the High-
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1 way Trust Fund, $38,728,000 shall be derived from the

2 Airport and Airway Trust Fund, $678,000 shall be de3 rived from the Pipeline Safety Fund, and $172,000 shall

4 be derived from the Harbor Maintenance Trust Fund:

5 Provided further, That in addition, for assessments by the

6 General Services Administration related to the space needs

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

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

9 ‘‘Limitation on General Operating Expenses’’.

10 MINORITY BUSINESS RESOURCE CENTER PROGRAM

11 For the cost of direct loans, $1,500,000, as author12 ized by 49 U.S.C. 332: Provided, That such costs, includ13 ing the cost of modifying such loans, shall be as defined

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

15 Provided further, That these funds are available to sub16 sidize gross obligations for the principal amount of direct

17 loans not to exceed $15,000,000. In addition, for adminis18 trative expenses to carry out the direct loan program,

19 $400,000.

20 COAST GUARD

21 OPERATING EXPENSES

22 For necessary expenses for the operation and mainte23 nance of the Coast Guard, not otherwise provided for; pur24 chase of not to exceed fifteen passenger motor vehicles for

25 replacement only; payments pursuant to section 156 of
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1 Public Law 97–377, as amended (42 U.S.C. 402 note),

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

3 429(b)); and recreation and welfare; $2,580,000,000, of

4 which $25,000,000 shall be derived from the Oil Spill Li5 ability Trust Fund; and of which $25,000,000 shall be ex6 pended from the Boat Safety Account: Provided, That the

7 number of aircraft on hand at any one time shall not ex8 ceed two hundred and eighteen, exclusive of aircraft and

9 parts stored to meet future attrition: Provided further,

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

11 Act shall be available for pay or administrative expenses

12 in connection with shipping commissioners in the United

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

14 in this Act shall be available for expenses incurred for

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

16 the extent fees are collected from yacht owners and cred17 ited to this appropriation: Provided further, That the Com18 mandant shall reduce both military and civilian employ19 ment levels for the purpose of complying with Executive

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

21 funds in this Act shall be available for special and incen22 tive pay under section 301 of title 37, United States Code,

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

24 or specialty to which special separation benefits under sec25 tion 1174 of title 10, United States Code, or voluntary
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1 separation benefits under section 1175 of such title will

2 be paid.

3 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

4 For necessary expenses of acquisition, construction,

5 rebuilding, and improvement of aids to navigation, shore

6 facilities, vessels, and aircraft, including equipment related

7 thereto, $385,200,000, of which $32,500,000 shall be de8 rived from the Oil Spill Liability Trust Fund; of which

9 $201,750,000 shall be available to acquire, repair, ren10 ovate or improve vessels, small boats and related equip11 ment, to remain available until September 30, 1999;

12 $14,900,000 shall be available to acquire new aircraft and

13 increase aviation capability, to remain available until Sep14 tember 30, 1997; $31,500,000 shall be available for other

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

16 $93,050,000 shall be available for shore facilities and aids

17 to navigation facilities, to remain available until Septem18 ber 30, 1997; and $44,000,000 shall be available for per19 sonnel compensation and benefits and related costs, to re20 main available until September 30, 1995: Provided, That

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

22 be credited to this appropriation for the purpose of acquir23 ing new aircraft and increasing aviation capacity.
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1 ENVIRONMENTAL COMPLIANCE AND RESTORATION

2 For necessary expenses to carry out the Coast

3 Guard’s environmental compliance and restoration func4 tions under chapter 19 of title 14, United States Code,

5 $22,000,000, to remain available until expended.

6 RETIRED PAY

7 For retired pay, including the payment of obligations

8 therefor otherwise chargeable to lapsed appropriations for

9 this purpose, and payments under the Retired Service10 man’s Family Protection and Survivor Benefits Plans, and

11 for payments for medical care of retired personnel and

12 their dependents under the Dependents Medical Care Act

13 (10 U.S.C. ch. 55), $562,585,000.

14 RESERVE TRAINING

15 For all necessary expenses for the Coast Guard Re16 serve, as authorized by law; maintenance and operation

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

18 $66,000,000.

19 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

20 For necessary expenses, not otherwise provided for,

21 for applied scientific research, development, test, and eval22 uation; maintenance, rehabilitation, lease and operation of

23 facilities and equipment, as authorized by law,

24 $20,310,000, to remain available until expended, of which

25 $3,150,000 shall be derived from the Oil Spill Liability
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1 Trust Fund: Provided, That there may be credited to this

2 appropriation funds received from State and local govern3 ments, other public authorities, private sources, and for4 eign countries, for expenses incurred for research, develop5 ment, testing, and evaluation.

6 BOAT SAFETY

7 (AQUATIC RESOURCES TRUST FUND)

8 For payment of necessary expenses incurred for rec9 reational boating safety assistance under Public Law 92–

10 75, as amended, $25,000,000, to be derived from the Boat

11 Safety Account and to remain available until expended.

12 FEDERAL AVIATION ADMINISTRATION

13 OPERATIONS

14 For necessary expenses of the Federal Aviation Ad15 ministration, not otherwise provided for, including admin16 istrative expenses for research and development, the pay17 ment of obligations for the Aircraft Purchase Loan Guar18 antee Program required pursuant to guarantees issued

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

20 note), establishment of air navigation facilities and the op21 eration (including leasing) and maintenance of aircraft,

22 and carrying out the provisions of the Airport and Airway

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

24 of law authorizing the obligation of funds for similar pro25 grams of airport and airway development or improvement,
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1 lease or purchase of four passenger motor vehicles for re2 placement only, $4,585,000,000, of which $2,450,250,000

3 shall be derived from the Airport and Airway Trust Fund:

4 Provided, That there may be credited to this appropriation

5 funds received from States, counties, municipalities, for6 eign authorities, other public authorities, and private

7 sources, for expenses incurred in the provision of aviation

8 services, including the maintenance and operation of air

9 navigation facilities and for issuance, renewal or modifica10 tion of certificates, including airman, aircraft, and repair

11 station certificates, or for tests related thereto, or for proc12 essing major repair or alteration forms: Provided further,

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

14 is available only for permanent change of station moves

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

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

17 with a nonprofit standard setting organization to assist

18 in the development of aviation safety standards: Provided

19 further, That none of the funds in this Act shall be avail20 able for new applicants for the second career training pro21 gram: Provided further, That none of the funds in this Act

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

23 5546(a) to any Federal Aviation Administration employee

24 unless such employee actually performed work during the

25 time corresponding to such premium pay: Provided fur-
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1 ther, That none of the funds in this Act shall be available

2 for activities under the Aircraft Purchase Loan Guarantee

3 Program the obligations for which are in excess of

4 $9,970,000 during fiscal year 1995.

5 FACILITIES AND EQUIPMENT

6 (AIRPORT AND AIRWAY TRUST FUND)

7 For necessary expenses, not otherwise provided for,

8 for acquisition, establishment, and improvement by con9 tract or purchase, and hire of air navigation and experi10 mental facilities and equipment as authorized by the Fed11 eral Aviation Act of 1958, as amended (49 U.S.C. App.

12 1301 et seq.), including initial acquisition of necessary

13 sites by lease or grant; engineering and service testing in14 cluding construction of test facilities and acquisition of

15 necessary sites by lease or grant; and construction and

16 furnishing of quarters and related accommodations for of17 ficers and employees of the Federal Aviation Administra18 tion stationed at remote localities where such accommoda19 tions are not available; and the purchase, lease, or transfer

20 of aircraft from funds available under this head; to be de21 rived from the Airport and Airway Trust Fund,

22 $2,176,700,000, of which $1,968,200,000 shall remain

23 available until September 30, 1997, and of which

24 $208,500,000 shall remain available until September 30,

25 1995: Provided, That there may be credited to this appro-
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1 priation funds received from States, counties, municipali2 ties, other public authorities, and private sources, for ex3 penses incurred in the establishment and modernization

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

5 the funds under this head for the Advanced Automation

6 System may be obligated until the Federal Aviation Ad7 ministration submits to the House and Senate Committees

8 on Appropriations and the House Committee on Public

9 Works and Transportation and the Senate Committee on

10 Commerce, Science, and Transportation a comprehensive

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

12 1995 budget requirement for this program.

13 (RESCISSION)

14 (AIRPORT AND AIRWAY TRUST FUND)

15 Of the total unobligated balance from appropriations

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

17 $51,700,000 are rescinded.

18 RESEARCH, ENGINEERING, AND DEVELOPMENT

19 (AIRPORT AND AIRWAY TRUST FUND)

20 For necessary expenses, not otherwise provided for,

21 for research, engineering, and development, in accordance

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

23 as amended (49 U.S.C. App. 1301 et seq.), including con24 struction of experimental facilities and acquisition of nec25 essary sites by lease or grant, $254,000,000, to be derived

26 from the Airport and Airway Trust Fund and to remain
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1 available until expended: Provided, That there may be

2 credited to this appropriation funds received from States,

3 counties, municipalities, other public authorities, and pri4 vate sources, for expenses incurred for research, engineer5 ing, and development.

6 GRANTS-IN-AID FOR AIRPORTS

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (AIRPORT AND AIRWAY TRUST FUND)

9 For liquidation of obligations incurred for grants-in10 aid for airport planning and development, and for noise

11 compatibility planning and programs under the Airport

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

13 under other law authorizing such obligations,

14 $1,500,000,000, to be derived from the Airport and Air15 way Trust Fund and to remain available until expended:

16 Provided, That none of the funds in this Act shall be avail17 able for the planning or execution of programs the com18 mitments for which are in excess of $1,500,000,000 in fis19 cal year 1995 for grants-in-aid for airport planning and

20 development, and noise compatibility planning and pro21 grams, notwithstanding section 506(e)(4) of the Airport

22 and Airway Improvement Act of 1982, as amended.

23 AVIATION INSURANCE REVOLVING FUND

24 The Secretary of Transportation is hereby authorized

25 to make such expenditures and investments, within the
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1 limits of funds available pursuant to section 1306 of the

2 Federal Aviation Act of 1958, as amended (49 U.S.C.

3 App. 1536), and in accordance with section 104 of the

4 Government Corporation Control Act, as amended (31

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

6 program for aviation insurance activities under title XIII

7 of the Federal Aviation Act of 1958.

8 FEDERAL HIGHWAY ADMINISTRATION

9 LIMITATION ON GENERAL OPERATING EXPENSES

10 Necessary expenses for administration, operation, in11 cluding motor carrier safety program operations, and re12 search of the Federal Highway Administration not to ex13 ceed $524,021,000 shall be paid in accordance with law

14 from appropriations made available by this Act to the Fed15 eral Highway Administration together with advances and

16 reimbursements received by the Federal Highway Admin17 istration: Provided, That not to exceed $216,805,000 of

18 the amount provided herein shall remain available until

19 September 30, 1997.

20 HIGHWAY-RELATED SAFETY GRANTS

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (HIGHWAY TRUST FUND)

23 (INCLUDING TRANSFER OF FUNDS)

24 For payment of obligations incurred in carrying out

25 the provisions of title 23, United States Code, section 402
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1 administered by the Federal Highway Administration, to

2 remain available until expended, $10,000,000, to be de3 rived from the Highway Trust Fund: Provided, That not

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

5 shall be available for ‘‘Limitation on general operating ex6 penses’’: Provided further, That none of the funds in this

7 Act shall be available for the planning or execution of pro8 grams the obligations for which are in excess of

9 $10,000,000 in fiscal year 1995 for ‘‘Highway-Related

10 Safety Grants’’.

11 FEDERAL-AID HIGHWAYS

12 (LIMITATION ON OBLIGATIONS)

13 (HIGHWAY TRUST FUND)

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

15 the implementation or execution of programs the obliga16 tions for which are in excess of $17,160,000,000 for Fed17 eral-aid highways and highway safety construction pro18 grams for fiscal year 1995.

19 FEDERAL-AID HIGHWAYS

20 (LIQUIDATION OF CONTRACT AUTHORIZATION)

21 (HIGHWAY TRUST FUND)

22 For carrying out the provisions of title 23, United

23 States Code, that are attributable to Federal-aid high24 ways, including the National Scenic and Recreational

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

26 provided, including reimbursements for sums expended
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1 pursuant to the provisions of 23 U.S.C. 308,

2 $17,000,000,000 or so much thereof as may be available

3 in and derived from the Highway Trust Fund, to remain

4 available until expended.

5 RIGHT-OF-WAY REVOLVING FUND

6 (LIMITATION ON DIRECT LOANS)

7 (HIGHWAY TRUST FUND)

8 During fiscal year 1995 and with the resources and

9 authority available, gross obligations for the principal

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

11 MOTOR CARRIER SAFETY GRANTS

12 (LIQUIDATION OF CONTRACT AUTHORIZATION)

13 (HIGHWAY TRUST FUND)

14 For payment of obligations incurred in carrying out

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

16 $73,000,000, to be derived from the Highway Trust Fund

17 and to remain available until expended: Provided, That

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

19 implementation or execution of programs the obligations

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

21 Safety Grants’’.

22 SURFACE TRANSPORTATION PROJECTS

23 For up to 80 percent of the expenses necessary for

24 certain highway and surface transportation projects and

25 parking facilities, including feasibility and environmental
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1 studies, that advance methods of improving safety, reduc2 ing congestion, or otherwise improving surface transpor3 tation, $299,862,000, to remain available until expended.

4 NATIONAL HIGHWAY TRAFFIC SAFETY

5 ADMINISTRATION

6 OPERATIONS AND RESEARCH

7 For expenses necessary to discharge the functions of

8 the Secretary with respect to traffic and highway safety

9 under the Motor Vehicle Information and Cost Savings

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

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

12 563, as amended) $74,352,000, of which $38,327,000

13 shall remain available until September 30, 1997.

14 (RESCISSIONS)

15 Of the amounts provided under this heading in Public

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

17 Of the amounts provided under this heading in Public

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

19 rescinded.

20 OPERATIONS AND RESEARCH

21 (HIGHWAY TRUST FUND)

22 For expenses necessary to discharge the functions of

23 the Secretary with respect to traffic and highway safety

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

25 Surface Transportation Efficiency Act of 1991, to be de26 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-
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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-
30

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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: Provided,

15 That not more than $1,000,000 of the funds made avail16 able under this head shall be available for implementation

17 of Public Law 101–576.

18 TITLE II

19 RELATED AGENCIES

20 ARCHITECTURAL AND TRANSPORTATION

21 BARRIERS COMPLIANCE BOARD

22 SALARIES AND EXPENSES

23 For expenses necessary for the Architectural and

24 Transportation Barriers Compliance Board, as authorized

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

26 amended, $3,350,000: Provided, That, notwithstanding
34

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

2 appropriation funds received for publications and training

3 expenses.

4 NATIONAL TRANSPORTATION SAFETY BOARD

5 SALARIES AND EXPENSES

6 For necessary expenses of the National Transpor7 tation Safety Board, including hire of passenger motor ve8 hicles and aircraft; services as authorized by 5 U.S.C.

9 3109, but at rates for individuals not to exceed the per

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

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

12 5901–5902), $37,392,000, of which not to exceed $1,000

13 may be used for official reception and representation ex14 penses.

15 INTERSTATE COMMERCE COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Interstate Commerce

18 Commission, including services as authorized by 5 U.S.C.

19 3109, hire of passenger motor vehicles as authorized by

20 31 U.S.C. 1343(b), and not to exceed $1,500 for official

21 reception and representation expenses, $43,495,000: Pro22 vided, That joint board members and cooperating state

23 commissioners may use government transportation re24 quests when traveling in connection with their official du25 ties as such: Provided further, That $8,300,000 in fees col-
35

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1 lected in fiscal year 1995 by the Interstate Commerce

2 Commission pursuant to 31 U.S.C. 9701 shall be made

3 available to this appropriation in fiscal year 1995.

4 PAYMENTS FOR DIRECTED RAIL SERVICE

5 (LIMITATION ON OBLIGATIONS)

6 None of the funds provided in this Act shall be avail7 able for the execution of programs the obligations for

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

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

10 any other Act.

11 PANAMA CANAL COMMISSION

12 PANAMA CANAL REVOLVING FUND

13 For administrative expenses of the Panama Canal

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

15 reception and representation expenses of the Board; not

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

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

18 official reception and representation expenses of the Ad19 ministrator, $50,030,000, to be derived from the Panama

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

21 may be used for the planning or execution of

22 nonadministrative and capital programs the obligations

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

24 1994: Provided further, That funds available to the Pan25 ama Canal Commission shall be available for the purchase
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1 of not to exceed forty-three passenger motor vehicles for

2 replacement only (including large heavy-duty vehicles used

3 to transport Commission personnel across the Isthmus of

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

5 $19,500 per vehicle.

6 DEPARTMENT OF THE TREASURY

7 REBATE OF SAINT LAWRENCE SEAWAY TOLLS

8 (HARBOR MAINTENANCE TRUST FUND)

9 For rebate of the United States portion of tolls paid

10 for use of the Saint Lawrence Seaway, pursuant to Public

11 Law 99–662, $9,319,000, to remain available until ex12 pended and to be derived from the Harbor Maintenance

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

14 available for expenses of administering the rebates.

15 WASHINGTON METROPOLITAN AREA TRANSIT

16 AUTHORITY

17 INTEREST PAYMENTS AND REPAYMENTS OF PRINCIPAL

18 For payment of obligations incurred pursuant to

19 Public Law 96–184 and the Initial Bond Repayment Par20 ticipation Agreement, $664,666,667, to remain available

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

22 to the Federal Financing Bank for the Washington Metro23 rail construction loan; and in addition, such amounts as

24 are necessary for payment to the Federal Financing Bank,

25 of accrued interest and premium, if any, for such loan.
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1 TITLE III

2 GENERAL PROVISIONS

3 (INCLUDING TRANSFERS OF FUNDS)

4 SEC. 301. During the current fiscal year applicable

5 appropriations to the Department of Transportation shall

6 be available for maintenance and operation of aircraft;

7 hire of passenger motor vehicles and aircraft; purchase of

8 liability insurance for motor vehicles operating in foreign

9 countries on official department business; and uniforms,

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

11 5901–5902).

12 SEC. 302. Funds for the Panama Canal Commission

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

14 the extent necessary to permit payment of such pay in15 creases for officers or employees as may be authorized by

16 administrative action pursuant to law that are not in ex17 cess of statutory increases granted for the same period

18 in corresponding rates of compensation for other employ19 ees of the government in comparable positions.

20 SEC. 303. Funds appropriated under this Act for ex21 penditures by the Federal Aviation Administration shall

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

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

24 of primary and secondary schooling for dependents of Fed25 eral Aviation Administration personnel stationed outside
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1 the continental United States at costs for any given area

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

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

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

5 provide adequately for the education of such dependents,

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

7 schools serving the area that they attend and their places

8 of residence when the Secretary, under such regulations

9 as may be prescribed, determines that such schools are

10 not accessible by public means of transportation on a regu11 lar basis.

12 SEC. 304. Appropriations contained in this Act for

13 the Department of Transportation shall be available for

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

15 individuals not to exceed the per diem rate equivalent to

16 the rate for a Executive Level IV.

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

18 Commission may be expended unless in conformance with

19 the Panama Canal Treaties of 1977 and any law imple20 menting those treaties.

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

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

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

24 intervening in regulatory or adjudicatory proceedings

25 funded in this Act.
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1 SEC. 307. None of the funds appropriated in this Act

2 shall remain available for obligation beyond the current

3 fiscal year, nor may any be transferred to other appropria4 tions, unless expressly so provided herein.

5 SEC. 308. None of the funds in this Act shall be avail6 able for the planning or implementation of any change in

7 the current federal status of the Volpe National Transpor8 tation Systems Center, and none of the funds in this Act

9 shall be available for the implementation of any change

10 in the current federal status of the Turner-Fairbank

11 Highway Research Center: Provided, That the Secretary

12 may plan for further development of the Volpe National

13 Transportation Systems Center and for other compatible

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

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

16 Center’s research and development operation.

17 SEC. 309. The expenditure of any appropriation

18 under this Act for any consulting service through procure19 ment contract pursuant to section 3109 of title 5, United

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

21 expenditures are a matter of public record and available

22 for public inspection, except where otherwise provided

23 under existing law, or under existing Executive order is24 sued pursuant to existing law.
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1 SEC. 310. (a) For fiscal year 1995 the Secretary of

2 Transportation shall distribute the obligation limitation

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

4 sums authorized to be appropriated for Federal-aid high5 ways that are apportioned or allocated to each State for

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

7 to be appropriated for Federal-aid highways that are ap8 portioned or allocated to all the States for such fiscal year.

9 (b) During the period October 1 through December

10 31, 1994, no State shall obligate more than 25 per centum

11 of the amount distributed to such State under subsection

12 (a), and the total of all State obligations during such pe13 riod shall not exceed 15 per centum of the total amount

14 distributed to all States under such subsection.

15 (c) Notwithstanding subsections (a) and (b), the Sec16 retary shall—

17 (1) provide all States with authority sufficient

18 to prevent lapses of sums authorized to be appro19 priated for Federal-aid highways that have been ap20 portioned to a State, except in those instances in

21 which a State indicates its intention to lapse sums

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

23 United States Code;

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

25 of the funds made available under subsection (a) if
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1 a State will not obligate the amount distributed dur2 ing that fiscal year and redistribute sufficient

3 amounts to those States able to obligate amounts in

4 addition to those previously distributed during that

5 fiscal year giving priority to those States having

6 large unobligated balances of funds apportioned

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

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

9 1015 of Public Law 102–240;

10 (3) not distribute amounts authorized for ad11 ministrative expenses and funded from the adminis12 trative takedown authorized by section 104(a), Title

13 23 U.S.C., the Federal lands highway program, the

14 intelligent vehicle highway systems program, and

15 amounts made available under sections 1040, 1047,

16 1064, 6001, 6005, 6006, 6023, and 6024, of Public

17 Law 102–240: Provided, That amounts made avail18 able under section 6005 of Public Law 102–240

19 shall be subject to the obligation limitation for Fed20 eral-aid highways and highway safety construction

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

22 in this Act; and

23 (4) notwithstanding subsection (a), the Sec24 retary shall withhold from initial distribution the fis25 cal year 1995 Federal-aid highways obligation limi-
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1 tation set aside for Interstate Construction Discre2 tionary projects: Provided, That the Secretary shall

3 distribute only after August 1, 1995, such obligation

4 limitation withheld in accordance with this section to

5 those States receiving Interstate Discretionary allo6 cations.

7 (d) During the period October 1 through December

8 31, 1994, the aggregate amount of obligations under sec9 tion 157 of title 23, United States Code, for projects cov10 ered under section 147 of the Surface Transportation As11 sistance Act of 1978, section 9 of the Federal-Aid High12 way Act of 1981, sections 131(b), 131(j), and 404 of Pub13 lic Law 97–424, sections 1061, 1103 through 1108, 4008,

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

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

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

17 (e) During the period August 2 through September

18 30, 1995, the aggregate amount which may be obligated

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

20 2.5 percent of the aggregate amount of funds apportioned

21 or allocated to all States—

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

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

24 Law 102–240, and
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1 (2) for highway assistance projects under sec2 tion 103(e)(4) of title 23, United States Code,

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

4 total amount of the obligation limitation provided for such

5 fiscal year in this Act were utilized.

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

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

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

9 reduced under paragraph (c)(2).

10 SEC. 311. None of the funds in this Act shall be avail11 able for salaries and expenses of more than one hundred

12 and ten political and Presidential appointees in the De13 partment of Transportation: Provided, That none of the

14 personnel covered by this provision may be assigned on

15 temporary detail outside the Department of Transpor16 tation.

17 SEC. 312. Not to exceed $850,000 of the funds pro18 vided in this Act for the Department of Transportation

19 shall be available for the necessary expenses of advisory

20 committees.

21 SEC. 313. The limitation on obligations for the pro22 grams of the Federal Transit Administration shall not

23 apply to any authority under section 21 of the Federal

24 Transit Act, previously made available for obligation, or
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1 to any other authority previously made available for obli2 gation under the discretionary grants program.

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

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

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

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

7 be absorbed within the levels appropriated in this Act.

8 SEC. 316. None of the funds in this Act shall be avail9 able to plan, finalize, or implement regulations that would

10 establish a vessel traffic safety fairway less than five miles

11 wide between the Santa Barbara Traffic Separation

12 Scheme and the San Francisco Traffic Separation

13 Scheme.

14 SEC. 317. Notwithstanding any other provision of

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

16 Federal Aviation Administration instrument landing sys17 tems (along with associated approach lighting equipment

18 and runway visual range equipment) which conform to

19 Federal Aviation Administration design and performance

20 specifications, the purchase of which was assisted by a

21 Federal airport aid program, airport development aid pro22 gram or airport improvement program grant. The Federal

23 Aviation Administration shall accept such equipment,

24 which shall thereafter be operated and maintained by the
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1 Federal Aviation Administration in accordance with agen2 cy criteria.

3 SEC. 318. None of the funds in this Act shall be avail4 able to award a multiyear contract for production end

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

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

7 in any one year of the contract or (2) includes a cancella8 tion charge greater than $10,000,000 which at the time

9 of obligation has not been appropriated to the limits of

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

11 that permits performance under the contract during the

12 second and subsequent years of the contract without con13 ditioning such performance upon the appropriation of

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

15 contract in which the federal government incurs no finan16 cial liability from not buying additional systems, sub17 systems, or components beyond the basic contract require18 ments.

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

20 shall be made available for planning and executing a pas21 senger manifest program by the Department of Transpor22 tation that only applies to United States flag carriers.

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

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

25 provisions of section 1038(d) of Public Law 102–240.
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1 SEC. 321. Notwithstanding any other provision of

2 law, and except for fixed guideway modernization projects,

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

4 Administration, Discretionary grants’’ for projects speci5 fied in this Act or identified in reports accompanying this

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

7 available for other projects under section 3 of the Federal

8 Transit Act, as amended.

9 SEC. 322. Notwithstanding any other provision of

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

11 any section of the Federal Transit Act, as amended, that

12 remain available for expenditure may be transferred to

13 and administered under the most recent appropriation

14 heading for any such section.

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

16 to the Department of Transportation (excluding the Mari17 time Administration) during fiscal year 1995,

18 $65,120,000 are permanently canceled.

19 (b) The Secretary of Transportation shall allocate the

20 amount of budgetary resources canceled among the De21 partment’s accounts (excluding the Maritime Administra22 tion) available for procurement and procurement-related

23 expenses. Amounts available for procurement and procure24 ment-related expenses in each such account shall be re25 duced by the amount allocated to such account.
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1 (c) For the purposes of this section, the definition

2 of ‘‘procurement’’ includes all stages of the process of ac3 quiring property or services, beginning with the process

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

5 with contract completion and closeout, as specified in 41

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

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

8 103–122 for railroad-highway crossings projects,

9 $20,000,000 shall be available for costs, not to exceed 80

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

11 M–59 near Pontiac, Michigan, and a project on Bristol

12 Road near Flint, Michigan, including $500,000 which

13 shall be made available to improve and upgrade Maple

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

15 funds appropriated in Public Law 94–387 for railroad16 highway demonstration projects, $486,000 in unobligated

17 balances shall be made available for the rail relocation

18 project in Lafayette, Indiana.

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

20 shall be made available to any State, municipality or sub21 division thereof that diverts revenue generated by a public

22 airport in violation of the provisions of the Airport and

23 Airway Improvement Act of 1982, as amended.

24 SEC. 326. None of the funds in this Act shall be avail25 able to implement or enforce regulations that would result
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1 in the withdrawal of a slot from an air carrier at O’Hare

2 International Airport under section 93.223 of title 14 of

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

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

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

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

7 the Code of Federal Regulations.

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

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

10 erect, modify or otherwise place any sign in any State re11 lating to any speed limit, distance, or other measurement

12 on any highway if such sign establishes such speed limit,

13 distance, or other measurement using the metric system.

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

15 shall be made available for any airport development

16 project, or projects, proposed in any grant application sub17 mitted in accordance with title V of Public Law 97–248

18 (96 Stat. 671; 49 U.S.C. App. 2201 et seq.) to any public

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

20 fee for any passenger enplaning at the airport in any in21 stance where the passenger did not pay for the air trans22 portation which resulted in such enplanement, including

23 any case in which the passenger obtained the ticket for

24 the air transportation with a frequent flyer award coupon.
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1 SEC. 329. None of the funds in this Act may be used

2 to continue the federally-funded research and development

3 center (FFRDC) relationship between the Federal Avia4 tion Administration and the Center for Advanced Aviation

5 Systems Development after March 31, 1995: Provided,

6 That the Federal Aviation Administration may continue

7 this work after March 31, 1995 only by full and open com8 petition among all interested parties, including the Center

9 for Advanced Aviation Systems Development.

10 SEC. 330. Funds provided in this Act for the Depart11 ment of Transportation working capital fund (WCF) shall

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

13 WCF obligational authority for elements of the Depart14 ment of Transportation funded in this Act to no more

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

16 the budget request shall be allocated by the Department

17 of Transportation to each appropriations account in pro18 portion to the amount included from each account for the

19 working capital fund.

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

21 cash awards for employees of the Department of Trans22 portation shall be reduced by $6,012,680, which limits fis23 cal year 1995 obligational authority to no more than

24 $25,500,000: Provided, That this provision shall be ap-
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1 plied to funds for Senior Executive Service bonuses, merit

2 pay, and other bonuses and cash awards.

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

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

5 ‘‘With respect to the State of Maryland, laws and regula6 tions in effect on June 1, 1993, shall be applicable for

7 the purposes of this subsection.’’.

8 SEC. 333. None of the funds made available in this

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

10 provisions of Public Law 101–500.

11 SEC. 334. Funds received from States, counties, mu12 nicipalities, other public authorities, and private sources

13 for expenses incurred for training and for reports’ publica14 tion and dissemination may be credited to the Research

15 and Special Programs account.

16 SEC. 335. Funds received from States, counties, mu17 nicipalities, other public authorities, and private sources

18 for expenses incurred for training may be credited to the

19 Federal Highway Administration’s ‘‘Limitation on Gen20 eral Operating Expenses’’ account, the Federal Transit

21 Administration’s ‘‘Transit Planning and Research’’ ac22 count, and to the Federal Railroad Administration’s

23 ‘‘Railroad Safety’’ account, except for State rail safety in24 spectors participating in training pursuant to section 206

25 of the Federal Railroad Safety Act of 1970.
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1 SEC. 336. (a) Subsection (b) of section 1045 of the

2 Intermodal Surface Transportation Efficiency Act of 1991

3 (105 Stat. 1994) is amended to read as follows:

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

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

6 substitute project or projects under subsection (a)—

7 ‘‘(A) the costs of construction of the eligi8 ble transitway project for which such project or

9 projects are substituted shall not be eligible for

10 funds authorized under section 108(b) of the

11 Federal-Aid Highway Act of 1956; and

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

13 would have been apportioned to the State of

14 Wisconsin on October 1, 1994, under section

15 104(b)(5)(A) of title 23, United States Code, if

16 the Secretary had not approved such project or

17 projects shall be available to the Secretary from

18 the Highway Trust Fund to incur obligations

19 for the Federal share of the costs of such sub20 stitute project or projects.

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

22 under paragraph (1)(B) shall be available for obliga23 tion on and after October 1, 1994. Amounts made

24 available under paragraph (1)(B) shall remain avail25 able until expended and shall be subject to any limi-
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1 tation on obligations for Federal-aid highways estab2 lished by law.

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

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

5 shall be available for obligation in the same manner

6 as if such funds were apportioned under chapter 1

7 of title 23, United States Code; except that the Fed8 eral share of the cost of any project carried out with

9 such funds shall be determined in accordance with

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

11 (b) CONFORMING AMENDMENTS.—

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

13 subsection (c) of section 1045 of such Act is amend14 ed by striking ‘‘the authority of section 103(e)(4) of

15 title 23, United States Code,’’ and inserting ‘‘section

16 21(a)(2) of the Federal Transit Act’’.

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

18 section 1045 of such Act is amended by striking

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

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

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

22 1045 of such Act is amended by striking paragraph

23 (3) and by redesignating paragraph (4) as para24 graph (3).
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1 (c) REDUCTION OF INTERSTATE CONSTRUCTION AU2 THORIZATION.—Section 108(b) of the Federal-Aid High3 way Act of 1956 is amended by striking ‘‘$1,800,000,000

4 for the fiscal year ending September 30, 1996’’ and insert5 ing ‘‘$1,800,000,000, reduced by the amount made avail6 able under section 1045(b)(1)(B) of the Intermodal Sur7 face Transportation Efficiency Act of 1991, for the fiscal

8 year ending September 30, 1996’’.

9 SEC. 337. (a) UNIFORM HOV–2 DEMONSTRATION

10 PROJECT ON I–66 IN VIRGINIA.—Notwithstanding any

11 other law or any prior decision of the Secretary of Trans12 portation, the Governor of Virginia shall have the author13 ity to carry out, during all of fiscal year 1995, a dem14 onstration project on Interstate Highway 66 (I–66) in

15 Fairfax and Arlington Counties, Virginia, to determine the

16 impact of applying a uniform high-occupancy vehicle re17 striction to the portion of I–66 that is between the District

18 of Columbia and Interstate Highway 495 (I–495) and the

19 portion of I–66 that is west of I–495.

20 (b) PROJECT REQUIREMENTS.—

21 (1) UNIFORM HOV RESTRICTION.—Except as

22 provided in paragraph (2), under the demonstration

23 project established under this section, the uniform

24 high-occupancy vehicle restriction applied to the 2
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1 portions of I–66 described in subsection (a) shall be

2 vehicles carrying 2 or more persons.

3 (2) AUTHORITY OF GOVERNOR OF VIRGINIA.—

4 During the 1-year demonstration period under this

5 section, the Governor of Virginia shall retain the

6 flexibility to return the high-occupancy vehicle re7 striction applicable to the portion of I–66 that is be8 tween the District of Columbia and I–495 to vehicles

9 carrying 3 or more persons, or to make any other

10 revisions in the demonstration project that the Gov11 ernor determines are necessary.

12 (c) STUDY AND REPORT.—If the Governor of Vir13 ginia makes use of the authority granted in subsection (a),

14 the Governor shall—

15 (1) carry out an assessment of the effects of the

16 uniform high-occupancy vehicle restriction under the

17 demonstration project established under this section;

18 and

19 (2) upon completion of the assessment, submit

20 to the Congress and to the Secretary of Transpor21 tation a report setting forth the results of the as22 sessment and the demonstration project.

23 SEC. 338. (a) FEDERAL LINE OF CREDIT.—For the

24 purpose of carrying out a demonstration of the construc25 tion of public toll roads in Orange County, California, au-
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1 thorized by section 129(d) of title 23, United States Code,

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

3 to enter into an agreement to make a line of credit avail4 able, with a principal amount not to exceed $120,000,000

5 to the public entity or entities with the statutory authority

6 to construct such facilities.

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

8 this section shall be available for draws during the period

9 beginning on the date of completion of construction and

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

11 the date construction of the facilities is completed.

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

13 shall be available to pay the costs of extraordinary repair

14 and replacement of the facilities, unexpected Federal or

15 State environmental restrictions, operation and mainte16 nance expenses of the facilities, and debt service on tax17 exempt or taxable obligations financing the facilities.

18 (d) LIMITATIONS.—

19 (1) CAPITAL EXPENDITURES.—With respect to

20 capital expenditures, draws on the line of credit

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

22 extent proceeds from the sale of the obligations is23 sued by the public entity or entities which otherwise

24 would be available for such purposes are exhausted,
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1 or are otherwise unavailable for the payment of such

2 capital expenditures.

3 (2) EXPENSES.—With respect to expenses, in4 cluding operation and maintenance expenses and

5 debt service, a draw on the line of credit under this

6 section shall only be made if revenues from toll oper7 ations and capitalized interest are insufficient (or

8 are otherwise unavailable) for such purposes.

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

10 the total principal amount of the line of credit under

11 this section shall be available for draws in any one

12 year.

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

14 party creditor of the public entity or entities shall

15 have any right against the Federal Government with

16 respect to draws on the line of credit under this sec17 tion.

18 (5) AVAILABILITY FOR PARTICULAR COSTS.—

19 There is no guaranteed availability of proceeds of

20 the line of credit under this section for the payment

21 of any particular cost of the public entity or entities

22 which might be financed under this section.

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

24 draws (except for operation and maintenance expenses) on

25 the line of credit under this section shall accrue interest
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1 at the 30-year United States Treasury bond rate begin2 ning on the date such draws are made and shall be repaid

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

4 the line of credit for operation and maintenance expenses

5 shall accrue interest at the 3-year United States Treasury

6 note rate beginning on the date such draws are made and

7 shall be repaid in not more than 3 years.

8 This Act may be cited as the ‘‘Department of Trans9 portation and Related Agencies Appropriations Act,

10 1995’’.

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Union Calendar No. 300

103D CONGRESS

2D SESSION H. R. 4556

[Report No. 103–543]

A BILL

Making appropriations for the Department of

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

JUNE 9, 1994

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed