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of the amount distributed to such State under subsection
(a), and the total of all State obligations during such pe-
riod shall not exceed 15 per centum of the total amount
distributed to all States under such subsection.
(c) Notwithstanding subsections (a) and (b), the Sec-
retary shall—
(1) provide all States with authority sufficient
to prevent lapses of sums authorized to be appro-
priated for Federal-aid highways that have been ap-
portioned to a State, except in those instances in
which a State indicates its intention to lapse sums
apportioned under section 104(b)(5)(A) of title 23,
United States Code;
(2) after August 1, 1995, revise a distribution
of the funds made available under subsection (a) if
a State will not obligate the amount distributed dur-
ing that fiscal year and redistribute sufficient
amounts to those States able to obligate amounts in
addition to those previously distributed during that
fiscal year giving priority to those States having
large unobligated balances of funds apportioned
under sections 103(e)(4), 104, 144, of title 23,
United States Code, and under sections 1013(c) and
1015 of Public Law 102–240;
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(3) not distribute amounts authorized for ad-
ministrative expenses and funded from the adminis-
trative takedown authorized by section 104(a), Title
23 U.S.C., the Federal lands highway program, the
intelligent vehicle highway systems program, and
amounts made available under sections 1040, 1047,
1064, 6001, 6005, 6006, 6023, and 6024, of Public
Law 102–240: Provided, That amounts made avail-
able under section 6005 of Public Law 102–240
shall be subject to the obligation limitation for Fed-
eral-aid highways and highway safety construction
programs under the head ‘‘Federal-Aid Highways’’
in this Act; and
(4) notwithstanding subsection (a), the Sec-
retary shall withhold from initial distribution the fis-
cal year 1995 Federal-aid highways obligation limi-
tation set aside for Interstate Construction Discre-
tionary projects: Provided, That the Secretary shall
distribute only after August 1, 1995, such obligation
limitation withheld in accordance with this section to
those States receiving Interstate Discretionary allo-
cations.
(d) During the period October 1 through December
31, 1994, the aggregate amount of obligations under sec-
tion 157 of title 23, United States Code, for projects cov-
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ered under section 147 of the Surface Transportation As-
sistance Act of 1978, section 9 of the Federal-Aid High-
way Act of 1981, sections 131(b), 131(j), and 404 of Pub-
lic Law 97–424, sections 1061, 1103 through 1108, 4008,
and 6023(b)(8) and 6023(b)(10) of Public Law 102–240,
and for projects authorized by Public Law 99–500 and
Public Law 100–17, shall not exceed $325,155,150.
(e) During the period August 2 through September
30, 1995, the aggregate amount which may be obligated
by all States pursuant to paragraph (d) shall not exceed
2.5 percent of the aggregate amount of funds apportioned
or allocated to all States—
(1) under sections 104 and 144 of title 23,
United States Code, and 1013(c) and 1015 of Public
Law 102–240, and
(2) for highway assistance projects under sec-
tion 103(e)(4) of title 23, United States Code,
which would not be obligated in fiscal year 1995 if the
total amount of the obligation limitation provided for such
fiscal year in this Act were utilized.
(f) Paragraph (e) shall not apply to any State which
on or after August 1, 1995, has the amount distributed
to such State under paragraph (a) for fiscal year 1995
reduced under paragraph (c)(2).
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SEC. 311. None of the funds in this Act shall be avail-
able for salaries and expenses of more than one hundred
and ten political and Presidential appointees in the De-
partment of Transportation: Provided, That none of the
personnel covered by this provision may be assigned on
temporary detail outside the Department of Transpor-
tation.
SEC. 312. Not to exceed $850,000 of the funds pro-
vided in this Act for the Department of Transportation
shall be available for the necessary expenses of advisory
committees.
SEC. 313. The limitation on obligations for the pro-
grams of the Federal Transit Administration shall not
apply to any authority under section 21 of the Federal
Transit Act, previously made available for obligation, or
to any other authority previously made available for obli-
gation under the discretionary grants program.
SEC. 314. None of the funds in this Act shall be used
to implement section 404 of title 23, United States Code.
SEC. 315. Such sums as may be necessary for fiscal
year 1995 pay raises for programs funded in this Act shall
be absorbed within the levels appropriated in this Act.
SEC. 316. None of the funds in this Act shall be avail-
able to plan, finalize, or implement regulations that would
establish a vessel traffic safety fairway less than five miles
HR 4556 EH
wide between the Santa Barbara Traffic Separation
Scheme and the San Francisco Traffic Separation
Scheme.
SEC. 317. Notwithstanding any other provision of
law, airports may transfer, without consideration, to the
Federal Aviation Administration instrument landing sys-
tems (along with associated approach lighting equipment
and runway visual range equipment) which conform to
Federal Aviation Administration design and performance
specifications, the purchase of which was assisted by a
Federal airport aid program, airport development aid pro-
gram or airport improvement program grant. The Federal
Aviation Administration shall accept such equipment,
which shall thereafter be operated and maintained by the
Federal Aviation Administration in accordance with agen-
cy criteria.
SEC. 318. None of the funds in this Act shall be avail-
able to award a multiyear contract for production end
items that (1) includes economic order quantity or long
lead time material procurement in excess of $10,000,000
in any one year of the contract or (2) includes a cancella-
tion charge greater than $10,000,000 which at the time
of obligation has not been appropriated to the limits of
the government’s liability or (3) includes a requirement
that permits performance under the contract during the
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second and subsequent years of the contract without con-
ditioning such performance upon the appropriation of
funds: Provided, That this limitation does not apply to a
contract in which the federal government incurs no finan-
cial liability from not buying additional systems, sub-
systems, or components beyond the basic contract require-
ments.
SEC. 319. None of the funds provided in this Act
shall be made available for planning and executing a pas-
senger manifest program by the Department of Transpor-
tation that only applies to United States flag carriers.
SEC. 320. None of the funds made available in this
Act may be used to implement, administer, or enforce the
provisions of section 1038(d) of Public Law 102–240.
SEC. 321. Notwithstanding any other provision of
law, and except for fixed guideway modernization projects,
funds made available by this Act under ‘‘Federal Transit
Administration, Discretionary grants’’ for projects speci-
fied in this Act or identified in reports accompanying this
Act not obligated by September 30, 1997, shall be made
available for other projects under section 3 of the Federal
Transit Act, as amended.
SEC. 322. Notwithstanding any other provision of
law, any funds appropriated before October 1, 1993, under
any section of the Federal Transit Act, as amended, that
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remain available for expenditure may be transferred to
and administered under the most recent appropriation
heading for any such section.
SEC. 323. (a) Of the budgetary resources available
to the Department of Transportation (excluding the Mari-
time 
Administration) 
during 
fiscal 
year 
1995,
$65,120,000 are permanently canceled.
(b) The Secretary of Transportation shall allocate the
amount of budgetary resources canceled among the De-
partment’s accounts (excluding the Maritime Administra-
tion) available for procurement and procurement-related
expenses. Amounts available for procurement and procure-
ment-related expenses in each such account shall be re-
duced by the amount allocated to such account.
(c) For the purposes of this section, the definition
of ‘‘procurement’’ includes all stages of the process of ac-
quiring property or services, beginning with the process
of determining a need for a product or services and ending
with contract completion and closeout, as specified in 41
U.S.C. 403(2).
SEC. 324. Of the funds appropriated in Public Law
103–122 
for 
railroad-highway 
crossings 
projects,
$20,000,000 shall be available for costs, not to exceed 80
percent, of a project to reduce rail-highway conflicts on
M–59 near Pontiac, Michigan, and a project on Bristol
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Road near Flint, Michigan, including $500,000 which
shall be made available to improve and upgrade Maple
Road at Bishop Airport, Michigan: Provided, That of the
funds appropriated in Public Law 94–387 for railroad-
highway demonstration projects, $486,000 in unobligated
balances shall be made available for the rail relocation
project in Lafayette, Indiana.
SEC. 325. None of the funds provided by this Act
shall be made available to any State, municipality or sub-
division thereof that diverts revenue generated by a public
airport in violation of the provisions of the Airport and
Airway Improvement Act of 1982, as amended.
SEC. 326. None of the funds in this Act shall be avail-
able to implement or enforce regulations that would result
in the withdrawal of a slot from an air carrier at O’Hare
International Airport under section 93.223 of title 14 of
the Code of Federal Regulations in excess of the total slots
withdrawn from that air carrier as of October 31, 1993
if such additional slot is to be allocated to an air carrier
or foreign air carrier under section 93.217 of title 14 of
the Code of Federal Regulations.
SEC. 327. None of the funds made available by this
Act may be obligated or expended to design, construct,
erect, modify or otherwise place any sign in any State re-
lating to any speed limit, distance, or other measurement
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on any highway if such sign establishes such speed limit,
distance, or other measurement using the metric system.
SEC. 328. None of the funds provided by this Act
shall be made available for any airport development
project, or projects, proposed in any grant application sub-
mitted in accordance with title V of Public Law 97–248
(96 Stat. 671; 49 U.S.C. App. 2201 et seq.) to any public
agency, public authority, or public airport that imposes a
fee for any passenger enplaning at the airport in any in-
stance where the passenger did not pay for the air trans-
portation which resulted in such enplanement, including
any case in which the passenger obtained the ticket for
the air transportation with a frequent flyer award coupon.
SEC. 329. None of the funds in this Act may be used
to continue the federally-funded research and development
center (FFRDC) relationship between the Federal Avia-
tion Administration and the Center for Advanced Aviation
Systems Development after March 31, 1995: Provided,
That the Federal Aviation Administration may continue
this work after March 31, 1995 only by full and open com-
petition among all interested parties, including the Center
for Advanced Aviation Systems Development.
SEC. 330. Funds provided in this Act for the Depart-
ment of Transportation working capital fund (WCF) shall
be reduced by $13,253,000, which limits fiscal year 1995
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WCF obligational authority for elements of the Depart-
ment of Transportation funded in this Act to no more
than $88,750,000: Provided, That such reductions from
the budget request shall be allocated by the Department
of Transportation to each appropriations account in pro-
portion to the amount included from each account for the
working capital fund.
SEC. 331. Funds provided in this Act for bonuses and
cash awards for employees of the Department of Trans-
portation shall be reduced by $6,012,680, which limits fis-
cal year 1995 obligational authority to no more than
$25,500,000: Provided, That this provision shall be ap-
plied to funds for Senior Executive Service bonuses, merit
pay, and other bonuses and cash awards.
SEC. 332. Section 127(a) of title 23, United States
Code, is amended by adding at the end the following:
‘‘With respect to the State of Maryland, laws and regula-
tions in effect on June 1, 1993, shall be applicable for
the purposes of this subsection.’’.
SEC. 333. Funds received from States, counties, mu-
nicipalities, other public authorities, and private sources
for expenses incurred for training and for reports’ publica-
tion and dissemination may be credited to the Research
and Special Programs account.
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SEC. 334. Funds received from States, counties, mu-
nicipalities, other public authorities, and private sources
for expenses incurred for training may be credited to the
Federal Highway Administration’s ‘‘Limitation on Gen-
eral Operating Expenses’’ account, the Federal Transit
Administration’s ‘‘Transit Planning and Research’’ ac-
count, and to the Federal Railroad Administration’s
‘‘Railroad Safety’’ account, except for State rail safety in-
spectors participating in training pursuant to section 206
of the Federal Railroad Safety Act of 1970.
SEC. 335. (a) Subsection (b) of section 1045 of the
Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 1994) is amended to read as follows:
‘‘(b) ELIGIBILITY FOR FEDERAL ASSISTANCE.—
‘‘(1) GENERAL RULE.—Upon approval of any
substitute project or projects under subsection (a)—
‘‘(A) the costs of construction of the eligi-
ble transitway project for which such project or
projects are substituted shall not be eligible for
funds authorized under section 108(b) of the
Federal-Aid Highway Act of 1956; and
‘‘(B) a sum equal to the amount that
would have been apportioned to the State of
Wisconsin on October 1, 1994, under section
104(b)(5)(A) of title 23, United States Code, if
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the Secretary had not approved such project or
projects shall be available to the Secretary from
the Highway Trust Fund to incur obligations
for the Federal share of the costs of such sub-
stitute project or projects.
‘‘(2) AVAILABILITY.—Amounts made available
under paragraph (1)(B) shall be available for obliga-
tion on and after October 1, 1994. Amounts made
available under paragraph (1)(B) shall remain avail-
able until expended and shall be subject to any limi-
tation on obligations for Federal-aid highways estab-
lished by law.
‘‘(3) APPLICABILITY
OF
TITLE
U.S.C.—
Amounts made available under paragraph (1)(B)
shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1
of title 23, United States Code; except that the Fed-
eral share of the cost of any project carried out with
such funds shall be determined in accordance with
section 103(e)(4)(D) of such title.’’.
(b) CONFORMING AMENDMENTS.—
(1) SUBSECTION (c).—The second sentence of
subsection (c) of section 1045 of such Act is amend-
ed by striking ‘‘the authority of section 103(e)(4) of
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title 23, United States Code,’’ and inserting ‘‘section
21(a)(2) of the Federal Transit Act’’.
(2) SUBSECTION (d)(1).—Subsection (d)(1) of
section 1045 of such Act is amended by striking
‘‘project for’’ and all that follows through the period
at the end thereof and inserting ‘‘transit project.’’.
(3) SUBSECTION (d).—Subsection (d) of section
1045 of such Act is amended by striking paragraph
(3) and by redesignating paragraph (4) as para-
graph (3).
(c) REDUCTION OF INTERSTATE CONSTRUCTION AU-
THORIZATION.—Section 108(b) of the Federal-Aid High-
way Act of 1956 is amended by striking ‘‘$1,800,000,000
for the fiscal year ending September 30, 1996’’ and insert-
ing ‘‘$1,800,000,000, reduced by the amount made avail-
able under section 1045(b)(1)(B) of the Intermodal Sur-
face Transportation Efficiency Act of 1991, for the fiscal
year ending September 30, 1996’’.
SEC. 336. (a) FEDERAL LINE OF CREDIT.—For the
purpose of carrying out a demonstration of the construc-
tion of public toll roads in Orange County, California, au-
thorized by section 129(d) of title 23, United States Code,
there is hereby appropriated $8,000,000 for the Secretary
to enter into an agreement to make a line of credit avail-
able, with a principal amount not to exceed $120,000,000
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to the public entity or entities with the statutory authority
to construct such facilities.
(b) EFFECTIVE PERIOD.—The line of credit under
this section shall be available for draws during the period
beginning on the date of completion of construction and
ending on the last day of the tenth calendar year following
the date construction of the facilities is completed.
(c) PURPOSES.—The line of credit under this section
shall be available to pay the costs of extraordinary repair
and replacement of the facilities, unexpected Federal or
State environmental restrictions, operation and mainte-
nance expenses of the facilities, and debt service on tax-
exempt or taxable obligations financing the facilities.
(d) LIMITATIONS.—
(1) CAPITAL EXPENDITURES.—With respect to
capital expenditures, draws on the line of credit
under this section shall only be made if and to the
extent proceeds from the sale of the obligations is-
sued by the public entity or entities which otherwise
would be available for such purposes are exhausted,
or are otherwise unavailable for the payment of such
capital expenditures.
(2) EXPENSES.—With respect to expenses, in-
cluding operation and maintenance expenses and
debt service, a draw on the line of credit under this
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section shall only be made if revenues from toll oper-
ations and capitalized interest are insufficient (or
are otherwise unavailable) for such purposes.
(3) PER YEAR.—No more than 10 percent of
the total principal amount of the line of credit under
this section shall be available for draws in any one
year.
(4) THIRD PARTY CREDITOR RIGHTS.—No third
party creditor of the public entity or entities shall
have any right against the Federal Government with
respect to draws on the line of credit under this sec-
tion.
(5) AVAILABILITY FOR PARTICULAR COSTS.—
There is no guaranteed availability of proceeds of
the line of credit under this section for the payment
of any particular cost of the public entity or entities
which might be financed under this section.
(e) INTEREST RATE AND REPAYMENT PERIOD.—Any
draws (except for operation and maintenance expenses) on
the line of credit under this section shall accrue interest
at the 30-year United States Treasury bond rate begin-
ning on the date such draws are made and shall be repaid
in not more than 30 years; except that any draws under
the line of credit for operation and maintenance expenses
shall accrue interest at the 3-year United States Treasury
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note rate beginning on the date such draws are made and
shall be repaid in not more than 3 years.
SEC. 337. The amount otherwise provided by this Act
for ‘‘DEPARTMENT OF TRANSPORTATION—OF-
FICE OF THE SECRETARY—Salaries and Expenses’’
is hereby increased by $26,300,000, of which amount
$8,300,000 shall be derived from amounts provided for in
this Act under the heading ‘‘INTERSTATE COM-
MERCE COMMISSION—Salaries and Expenses’’.
SEC. 338. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
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This Act may be cited as the ‘‘Department of Trans-
portation and Related Agencies Appropriations Act,
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
Transportation and related agencies for the fiscal
year ending September 30, 1995, and for other
purposes.