Department of Transportation and Related Agencies Appropriations Act, 1992
PL 102-143 (H.R.2942), enacted 10/28/1991

PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 917 
Public Law 102-
102d Congress 
143 
An Act 
Making appropriations for the Department of Transportation and related agencies 
for the fiscal year ending September 30, 1992, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following 
sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the Department of Transportation and 
related agencies for the fiscal year ending September 30, 1992, and 
for other purposes, namely: 
TITLE I—DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
Oct. 28, 1991 
[H.R. 2942] 
Department of 
Transportation 
and Related 
Agencies 
Appropriations 
Act, 1992. 
IMMEDIATE OFFICE OF THE SECRETARY 
For necessary expenses of the Immediate Office of the Secretary, 
$1,435,000. 
IMMEDIATE OFFICE OF THE DEPUTY SECRETARY 
For necessary expenses of the Immediate Office of the Deputy 
Secretary, $550,000. 
OFFICE OF THE GENERAL COUNSEL 
For necessary expenses of the Office of the General Counsel, 
$7,000,000. 
OFFICE OF THE ASSISTANT SECRETARY FOR POLICY AND 
INTERNATIONAL AFFAIRS 
For necessary expenses of the Office of the Assistant Secretary for 
Policy and International Affairs, $8,733,000. 
OFFICE OF THE ASSISTANT SECRETARY FOR BUDGET AND PROGRAMS 
For necessary expenses of the Office of the Assistant Secretary for 
Budget and Programs, $2,726,000, including not to exceed $40,000 for 
allocation within the Department of official reception and represen-
tation expenses as the Secretary may determine. 
OFFICE OF THE ASSISTANT SECRETARY FOR GOVERNMENTAL AFFAIRS 
For necessary expenses of the Office of the Assistant Secretary for 
Governmental Affairs, $2,320,000. 
105 STAT. 918 
P U B L I C L A W 102-143—OCT. 28, 1991 
OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION 
For necessary expenses of the Office of the Assistant Secretary for 
Administration, $30,262,000, of which $6,323,000 shall remain avail-
able until expended. 
OFFICE OF THE ASSISTANT SECRETARY FOR PUBLIC AFFAIRS 
For necessary expenses of the Office of the Assistant Secretary for 
Public Affairs, $1,546,000. 
EXECUTIVE SECRETARIAT 
For necessary expenses of the Executive Secretariat, $965,000. 
CONTRACT APPEALS BOARD 
For necessary expenses of the Contract Appeals Board, $590,000. 
OFFICE OF CIVIL RIGHTS 
For necessary expenses of the Office of Civil Rights, $1,462,000. 
OFFICE OF ESSENTIAL A I R SERVICE 
For necessary expenses of the Office of Essential Air Service, 
$1,545,000. 
OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION 
For necessary expenses of the Office of Small and Disadvant£iged 
Business Utilization, $3,527,000, of which $2,600,000 shall remain 
available until expended and shall be available for the purposes of 
the Minority Business Resource Center as authorized by 49 U.S.C. 
332: Provided, 
That, notwithstanding any other provision of law, 
funds available for the purposes of the Minority Business Resource 
Center in this or any other Act may be used for business opportuni-
ties related to any mode of transportation. 
OFFICE OF INTELUGENCE AND SECURITY 
For necessary expenses of the Office of Intelligence and Security, 
$1,300,000. 
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT 
For necessary expenses for conducting transportation planning, 
research, and development activities, including the collection of 
: national transportation statistics, to remain available until ex-
pended, $3,100,000. 
OFFICE OF COMMERCIAL SPACE TRANSPORTATION 
OPERATIONS AND RESEARCH 
For necessary expenses for operations and research activities 
related to commercial space transportation, $4,275,000, of which 
$1,400,000 shall remain available until expended: Provided, 
That 
' 
notwithstanding any other provision of law, there may be credited to 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 919 
this account up to $300,000 received from user fees established for 
regulatory services. 
WORKING CAPITAL FUND 
Necessary expenses for operating costs and capital outlays of the 
Department of Transportation Working Capital Fund not to exceed 
$88,000,000 shall be paid, in accordance with law, from appropria-
tions made available by this Act and prior appropriations Acts to 
the Department of Transportation, together with advances and 
reimbursements received by the Department of Transportation. 
PAYMENTS T
O Am CARRIERS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
i 
<AIRPORT AND AIRWAY TRUST FUND) 
For liquidation of obligations incurred for payments to air carriers 
of so much of the compensation fixed and determined under section 
419 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1389), 
£is is payable by the Department of Transportation, $38,600,000, to 
remain available until expended and to be derived from the Airport 
and Airway Trust Fund: Provided, That none of the funds in this 
Act shall be available for the implementation or execution of pro-
grams in excess of $38,600,000 for the Payments to Air Carriers 
program in fiscal year 1992: Provided further. That none of the 
funds in this Act shall be available for service to communities not 
receiving such service during fiscal year 1991, unless such commu-
nities are otherwise eligible for new service, provide the required 
local match and are no more than 200 miles from a large hub 
airport: Provided further. That none of the funds in this Act shall be 
available to increase the service levels to communities receiving 
service unless the Secretary of Transportation certifies in writing 
that such increased service levels are estimated to result in self-
sufficiency within three years of initiation of the increased level of 
service. 
RENTAL PAYMENTS 
For necessary expenses for rental of headquarters and field space 
and related services assessed by the General Services Administra-
tion, $111,970,000: Provided, That of this amount, $16,225,000 shall 
be derived from the Highway Trust Fund, $29,887,000 shall be 
derived from the Airport and Airway Trust Fund, $481,000 shall be 
derived from the Pipeline Safety Fund, and $16,000 shall be derived 
from the Harbor Maintenance Trust Fund. 
COASTGUARD 
OPERATING EXPENSES 
For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for; purchase of not to exceed 
eight passenger motor vehicles for replacement only; payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 
402 note), and section 229(b) of the Social Security Act (42 U.S.C. 
429(b)); and recreation and welfare; $2,320,272,000, of which 
$31,876,000 shall be derived from the Oil Spill Liability Trust Fund 
105 STAT. 920 
PUBLIC LAW 102-143—OCT. 28, 1991 
and $35,000,000 shall be expended from the Boat Safety Account: 
14 use 92 note. 
Provided, That the number of aircraft on hand at any one time shall 
not exceed two hundred and twenty-three, exclusive of planes and 
parts stored to meet future attrition: Provided further. That none of 
the funds appropriated in this or guiy other Act shall be available for 
pay or administrative expenses in connection with shipping commis-
ioners in the United States: Provided further. That none of the 
funds provided in this Act shall be available for expenses incurred 
for yacht documentation under 46 U.S.C. 12109, except to the extent 
fees are collected from yacht owners and credited to this appropria-
tion: Provided further. That none of the funds provided in this Act 
shall be available for the operation, maintenance or manning of 
land-based and sea-based aerostationary balloons, or E2C aircraft. 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of acquisition, construction, rebuilding, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto, $390,000,000, of which 
$33,822,000 shall be derived from the Oil Spill Liability Trust Fund; 
of which $144,150,000 shall be available to acquire, repair, renovate 
or improve vessels, small boats and related equipment, to remain 
available until September 30, 1996; $60,350,000 shall be available to 
acquire new aircraft and increase aviation capability, to remain 
available until September 30, 1994; $48,750,000 shall be available for 
other equipment, to remain available until September 30, 1994; 
$102,750,000 shall be available for shore facilities and aids to naviga-
tion facilities, to remain available until September 30, 1994; and 
$34,000,000 shall be available for personnel compensation and bene-
fits and related costs, to remain available until September 30, 1992: 
Regulations. 
Provided, That the Secretary of Transportation shall issue regula-
10 USC^^403 
tions requiring that written warranties shall be included in all 
note. 
contracts with prime contractors for major systems acquisitions of 
the Coast Guard: Provided further. That any such written warranty 
shall not apply in the case of any system or component thereof that 
has been furnished by the Government to a contractor: Provided 
further. That the Secretary of Transportation may provide for a 
waiver of the requirements for a warranty where: (1) the waiver is 
necessary in the interest of the national defense or the warranty 
would not be cost effective; and (2) the Committees on Appropria-
tions of the Senate and the House of Representatives, the Commit-
tee on Commerce, Science, and Transportation of the Senate, and 
the Committee on Merchant Marine and Fisheries of the House of 
Representatives are notified in writing of the Secretary's intention 
to waive and reasons for waiving such requirements: Provided fur-
ther, That the requirements for such written warranties shall not 
cover combat damage: Provided further. That none of the funds 
provided herein for Acquisition, Construction and Improvements 
shall be made available for personnel compensation and benefits in 
excess of six hundred and twenty-one full time equivalent staff 
years. 
ENVIRONMENTAL COMPLIANCE AND RESTORATION 
For necessary expenses to carry out the Coast Guard's environ-
mental compliance and restoration functions under chapter 19 of 
title 14, United States Code, $21,500,000, to remain available until 
expended. 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 921 
ALTERATION OF BRIDGES 
For necessary expenses for alteration or removal of obstructive 
bridges, $11,100,000, to remain available until expended. 
RETIRED PAY 
For retired pay, including the payment of obligations therefor 
otherwise chargeable to lapsed appropriations for this purpose, and 
payments under the Retired Serviceman's Family Protection and 
Survivor Benefits Plans, and for pa3anents for medical care of 
retired personnel and their dependents under the Dependents 
Medical Care Act (10 U.S.C. ch. 55), $487,700,000. 
RESERVE TRAINING 
For all necessary expenses for the Coast Guard Reserve, as 
authorized by law; maintenance and operation of facilities; and 
supplies, equipment, and services; $25,000,000. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
For necessary expenses, not otherwise provided for, for applied 
scientific research, development, test, and evaluation; maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law, $29,150,000, to remain available until expended: 
Provided, That there may be credited to this appropriation funds 
received from State and local governments, other public authorities, 
private sources, and foreign countries, for expenses inc]iirred for 
research, development, testing, and evaluation. 
BOAT SAFETY 
(AQUATIC RESOURCES TRUST FUND) 
For pajnnent of necessary expenses incurred for recreational boat-
ing safety assistance under Public Law 92-75, as amended, 
$35,000,000, to be derived from the Boat Safety Account and to 
remain available until expended. 
FEDERAL AVIATION ADMINISTRATION 
OPERATIONS 
For necessary expenses of the Federal Aviation Administration, 
not otherwise provided for, including administrative expenses for 
research and development, establishment of air navigation facilities 
and the operation and maintenance of aircraft, reimbursement at 
the discretion of the Administrator for travel, transportation, and 
subsistence expenses for the training of non-Federal domestic and 
foreign personnel whose services will contribute significantly to 
carrying out air transportation security programs under section 
316(c) of the Federal Aviation Act of 1958, as amended, and carrying 
out the provisions of the Airport and Airway Development Act, as 
amended, or other provisions of law authorizing the obligation of 
funds for similar programs of airport and airway development or 
improvement, lease or purchase of four passenger motor vehicles for 
replacement only, $4,360,000,000, of which $2,109,625,000 shall be 
105 STAT. 922 
PUBLIC LAW 102-143—OCT. 28, 1991 
Contracts. 
49 u s e app. 
1354a. 
derived from the Airport and Airway Trust Fund: Provided, That 
there may be credited to this appropriation funds received from 
States, counties, municipalities, other public authorities, and private 
sources, for expenses incurred in the maintenance and operation of 
air navigation facilities and for issuance, renewal or modification of 
certificates, including airman, aircraft, and repair station certifi-
cates, or for tests related thereto, or for processing major repair or 
alteration forms: Provided further, That none of these funds shall be 
available for new applicants for the second career training program: 
Provided further. That, of the funds available under this head, 
$2,000,000 shall be made available for the Federal Aviation 
Administration to enter into contractual agreement with the Mid-
American Aviation Resource Consortium in Minnesota to operate 
an air traffic controller training program: Provided further. That 
funds may be used to enter into a grant agreement with a non-profit 
standard setting organization to assist in the development of avia-
tion safety standards. 
FACILITIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, for acquisi-
tion, establishment, and improvement by contract or purchase, and 
hire of air navigation and experimental facilities as authorized by 
the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1301 et 
seq.), including initial acquisition of necessary sites by lease or 
grant; engineering and service testing including construction of test 
facilities and acquisition of necessary sites by lease or grant; and 
construction and furnishing of quarters and related accommodations 
of officers and employees of the Federal Aviation Administration 
stationed at remote localities where such accommodations are not 
available; and the purchase, lease or transfer of aircraft from funds 
available under this head; to be derived from the Airport and 
Airway Trust Fund, $2,394,000,000, including $2,244,052,000 to 
remain 
available 
until 
September 
30, 1994, and 
including 
$149,948,000 to remain available until September 30, 1993: Provided, 
That there may be credited to this appropriation funds received 
from States, counties, municipalities, other public authorities, and 
private sources, for expenses incurred in the establishment and 
modernization of air navigation facilities: Provided further. That 
with appropriations made for the Airway Science program, as au-
thorized below in this section, the Federal Aviation Administration 
may hereafter enter into competitive grant agreements with institu-
tions of higher education having airway science curricula, for the 
Federal share of the allowable direct costs of the following cat-
egories of items, to the extent that such items are in support of 
airway science curricula: (a) the construction, purchase, or lease 
with option to purchase, of buildings and associated facilities, and (b) 
instructional materials and equipment. Such funds are hereby 
authorized to be appropriated and may remain available until 
expended. The Federal Aviation Administration shall establish 
guidelines for determining the direct costs allowable under grants to 
be made pursuant to this section. The maximum Federal share of 
the allowable cost of any project assisted by such grants shall be 50 
percent: Provided further. That the $35,000,000 provided under this 
head for the precision runway monitor program shall be available 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 923 
Contracts. 
Kentucky. 
only for the procurement of not less than five commissionable 
systems of the electronic scan (E-scan) design: Provided 
further, 
That for each seven-day period following March 31, 1992, that the E-
scan precision runway monitor production contract is not signed, 
the funds made available for facilities and equipment-related 
personnel compensation and benefits shall be reduced by 1 per 
centum: Provided further, That a stand alone directional finder Maryland 
FAA-5530 receiver indicator system is to be installed at the Salis-
bury, Maryland airport flight service station within 180 days of 
enactment of this Act: Provided further. That funds appropriated 
under this heading for this or prior years are available for the 
Federal Aviation Administration to enter into a sole source procure-
ment with the Regional Airport Authority of Louisville-Jefferson 
County, Kentucky to design and construct an air traffic control 
tower at Standiford Field, using current Federal Aviation Adminis-
tration control tower specifications. 
RESEARCH, ENGINEERING, AND DEVELOPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, for research, 
engineering, and development, in accordance with the provisions of 
the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1301 et 
seq.), including construction of experimental facilities and acquisi-
tion of necessary sites by lease or grant, $218,135,000, to be derived 
from the Airport and Airway Trust Fund and to remain available 
until expended: Provided, That there may be credited to this appro-
priation funds received from States, counties, municipalities, other 
public authorities, and private sources, for expenses incurred for 
research, engineering, and development. 
GRANTS-IN-AID FOR AIRPORTS 
(UQUIDATION OF CONTRACT AUTHORIZATION) 
(AIRPORT A N D AIRWAY TRUST FUND) 
For liquidation of obligations incurred for airport planning and 
development under section 14 of Public Law 91-258, as amended, 
and under other law authorizing such obligations, and obligations 
for noise compatibility planning and programs, $1,520,000,000, to be 
derived from the Airport and Airway Trust Fund and to remain 
available until expended: Provided, That none of the funds in this 
Act shall be available for the planning or execution of programs the 
commitments for which are in excess of $1,900,000,000 in fiscal year 
1992 for grants-in-aid for airport planning and development, and 
noise compatibility planning and programs, notwithstanding section 
506(e)(4) of the Airport and Airway Improvement Act of 1982, as 
amended, of which not to exceed $156,564,400 shall be available for 
letters of intent issued prior to July 31,1991. 
AVIATION INSURANCE REVOLVING FUND 
The Secretary of Transportation is hereby authorized to make 
such expenditures and investments, within the limits of funds avail-
able pursuant to section 1306 of the Act of August 23, 1958, as 
amended (49 U.S.C. 1536), and in accordance with section 104 of the 
105 STAT. 924 
PUBLIC LAW 102-143—OCT. 28, 1991 
Government Corporation Control Act, as amended (31 U.S.C. 9104), 
as may be necessary in carrying out the program set forth in the 
budget for the current fiscal year for aviation insurance activities 
under said Act. 
AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM 
49USCapp. 
The Secretary of Transportation may hereafter issue notes or 
1324 note. 
other obligations to the Secretary of the Treasury, in such forms and 
denominations, bearing such maturities, and subject to such terms 
and conditions as the Secretary of the Treasury may prescribe. Such 
obligations may be issued to pay any necessary expenses required 
pursuant to any guarantee issued under the Act of September 7, 
1957, Public Law 85-307, as amended (49 U.S.C. 1324 note). None of 
the funds in this Act shall be available for the implementation or 
execution of programs under this head the obligations for which are 
in excess of $9,970,000 during fiscal year 1992. Such obligations shall 
be redeemed by the Secretary from appropriations authorized by 
this section. The Secretary of the Treasury shall purchase any such 
obligations, and for such purpose he may use as a public debt 
transaction the proceeds from the sale of any securities issued under 
the Second Liberty Bond Act, as now or hereafter in force. The 
purposes for which securities may be issued under such Act are 
extended to include any purchase of notes or other obligations 
issued under the subsection. The Secretary of the Treasury may sell 
any such obligations at such times and price and upon such terms 
and conditions as he shall determine in his discretion. All purchases, 
redemptions, and sales of such obligations by such Secretary shall be 
treated as public debt transactions of the United States. For the 
settlement of promissory notes issued to the Secretary of the Treas-
ury, $1,200,000, to remain available until expended, together with 
such sums as may be necessary for the payment of interest due 
under the terms and conditions of such notes. 
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON GENERAL OPERATING EXPENSES 
Necessary expenses for administration, operation, and research of 
the Federal Highway Administration not to exceed $419,000,000 
shall be paid in accordance with law from appropriations made 
available by this Act to the Federal Highway Administration to-
gether with advances and reimbursements received by the Federal 
Highway Administration: Provided, That not to exceed $206,800,000 
of the amount provided herein shall remain available until ex-
pended: Provided further. That, notwithstanding any other provision 
of law, there may be credited to this account funds received from 
States, counties, municipalities, other public authorities, and private 
sources, for training expenses incurred for non-Federal employees. 
UNIVERSITY TRANSPORTATION CENTERS 
(HIGHWAY TRUST FUND) 
For necessary expenses for university transportation centers, as 
authorized by section 21(iX2) of the Urban Mass Transportation Act 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 925 
of 1964, as amended, $5,000,000 to be derived from the Highway 
Trust Fund (other than the Mass Transit Account). 
HIGHWAY-RELATED SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
For payment of obUgations incurred in carrying out the provisions 
of title 23, United States Code, section 402 administered by the 
Federal Highway Administration, to remain available until ex-
pended, $20,000,000 to be derived from the Highway Trust Fund: 
Provided, That not to exceed $350,000 of the amount appropriated 
herein shall be available for "Limitation on general operating ex-
penses": Provided further. That none of the funds in this Act shall 
be available for the planning or execution of programs the obliga-
tions for which are in excess of $10,000,000 in fiscal year 1992 for 
"Highway-Related Safety Grants". 
RAILROAD-HIGHWAY CROSSINGS DEMONSTRATION PROJECTS 
For necessary expenses of certain railroad-highway crossings dem-
onstration projects as authorized by section 163 of the Federal-Aid 
Highway Act of 1973, as amended, to remain available until ex-
pended, $12,005,000, of which $8,003,333 shall be derived from the 
Highway Trust Fund. 
FEDERAL-AID HIGHWAYS 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
None of the funds in this Act shall be available for the im- 
23 USC104 note, 
plementation or execution of programs the obligations for which are 
in excess of $16,800,000,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 1992. 
FEDERAL-AID HIGHWAYS 
(UQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For carrying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, including the Na-
tional Scenic and Recreational Highway as authorized by 23 U.S.C. 
148, not otherwise provided, including reimbursements for sums 
expended 
pursuant 
to 
the 
provisions 
of 
23 
U.S.C. 
308, 
$15,400,000,000 or so much thereof as may be available in and 
derived from the Highway Trust Fund, to remain available until 
expended. 
105 STAT. 926 
PUBLIC LAW 102-143—OCT. 28, 1991 
RIGHT-OF-WAY REVOLVING FUND 
(LIMITATION ON DIRECT LOANS AND UQUIDATION OF CONTRACT 
AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
During fiscal year 1992 and with the resources and authority 
available, gross obligations for the principal amount of direct loans 
shall not exceed $42,500,000. For pajnnent of obligations incurred in 
carrying out the provisions of section 107 of title 23, United States 
Code, $40,000,000 to be derived from the Highway Trust Fund and to 
remain available until expended. 
MOTOR CARRIER SAFETY 
For necessary expenses to carry out the motor carrier safety 
functions of the Secretary as authorized by the Department of 
Transportation Act (80 Stat. 939-940), $47,600,000, of which 
$3,579,000 shall remain available until expended. 
MOTOR CARRIER SAFETY GRANTS 
(UQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out the provisions 
of section 402 of Public Law 97-424 $62,000,000, to be derived from 
the Highway Trust Fund and to remain available until expended: 
Provided, That none of the funds in this Act shall be available for 
the implementation or execution of programs the obligations for 
which are in excess of $65,000,000 for "Motor Carrier Safety 
Grants". 
BALTIMORE-WASHINGTON PARKWAY 
(HIGHWAY TRUST FUND) 
For necessary expenses, not otherwise provided, to carry out the 
provisions of the Federal-Aid Highway Act of 1970 for the Balti-
more-Washington Parkway, to remain available until expended, 
$19,800,000, to be derived from the Highway Trust Fund and to be 
withdrawn therefrom at such times and in such amounts as may be 
necessary. 
INTERMODAL URBAN DEMONSTRATION PROJECT 
(HIGHWAY TRUST FUND) 
For necessary expenses to carry out the provisions of section 124 
of the Federal-Aid Highway Amendments of 1974, $9,000,000, to be 
derived from the Highway Trust Fund and to remain available until 
expended. 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 927 
HIGHWAY SAFETY AND ECONOMIC DEVELOPMENT DEMONSTRATION 
PROJECTS 
(HIGHWAY TRUST FUND) 
For necessary expenses to carry out construction projects as au-
thorized by Public Law 99-500 and Public Law 99-591, $19,800,000, 
to be derived from the Highway Trust Fund and to remain available 
until expended. 
HIGHWAY SAFETY IMPROVEMENT DEMONSTRATION PROJECT 
For the purpose of carrying out a coordinated project of highway 
improvements in the vicinity of Pontiac and East Lansing, Michi-
gan, that demonstrates methods of enhancing safety and promoting 
economic development through widening and resurfacing of high-
ways on the Federal-aid primary system and on roads on the 
Federal-aid urban system, $16,350,000, to remain available until 
expended. 
HIGHWAY-RAILROAD GRADE CROSSING SAFETY DEMONSTRATION 
PROJECT 
(HIGHWAY TRUST FUND) 
For the purpose of carrying out a coordinated project of highway-
railroad grade crossing separations in Mineola, New York, that 
demonstrates methods of enhancing highway-railroad crossing 
safety while minimizing surrounding environmental effects, as au-
thorized by Public Law 99-500 and Public Law 99-591, $4,500,000, to 
be derived from the Highway Trust Fund and to remain available 
until expended. 
HIGHWAY WIDENING DEMONSTRATION PROJECT 
For necessary expenses to carry out a demonstration project to 
improve U.S. Route 202 in the vicinity of King of Prussia, Penn-
sylvania, as authorized by Public Law 100-202, $1,800,000, to remain 
available until expended. 
HIGHWAY WIDENING AND IMPROVEMENT DEMONSTRATION PROJECT 
For up to 80 percent of the expenses necessary to carry out a 
highway project between Paintsville and Prestonsburg, Kentucky, 
that demonstrates the safety and economic benefits of widening and 
improving highways in mountainous areas, $7,200,000, to remain 
available until expended. 
CLIMBING LANE AND HIGHWAY SAFETY DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out a highway 
project on U.S. Route 15 in the vicinity of Tioga County, Pennsylva-
nia, for the purpose of demonstrating methods of improved highway 
and highway safety construction, $6,300,000, to remain available 
until expended. 
105 STAT. 928 
PUBLIC LAW 102-143—OCT. 28, 1991 
INDIANA INDUSTRIAL CORRIDOR SAFETY DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary for an improved route 
between Logansport and Peru, Indiana, for the purpose of dem-
onstrating the safety and economic benefits of widening and improv-
ing rural highways, $3,600,000, to remain available until expended. 
ALABAMA HIGHWAY BYPASS DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary for the construction of a 
highway bypass project in the vicinity of Jasper, Alabama, for the 
purpose of demonstrating methods of improved highway and high-
way safety construction, $9,000,000, to remain available until ex-
pended. 
KENTUCKY BRIDGE DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to replace the Glover 
Gary Bridge in Owensboro, Kentucky, for the purpose of dem-
onstrating methods of improved highway and highway safety 
construction, $4,500,000, to remain available until expended. 
VIRGINIA H O V SAFETY DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to construct High Occu-
pancy Vehicle lanes on Interstate Route 66 between U.S. Route 50 
and U.S. Route 29 for the purpose of demonstrating methods of 
increasing highway capacity and safety by the use of highway 
shoulders to construct HOV lanes, $5,400,000, to remain available 
until expended. 
URBAN HIGHWAY CORRIDOR AND BICYCLE TRANSPORTATION 
DEMONSTRATION PROJECTS 
For 80 percent of the expenses necessary to improve and upgrade 
the M-59 urban highway corridor in southeast Michigan for the 
purpose of demonstrating methods of improving congested urban 
corridors that have been neglected during construction of the Inter-
state system, $9,630,000, to remain available until expended, to-
gether with $900,000, to remain available until expended, to provide 
for 80 percent of the expenses necessary for a bicycle transportation 
demonstration project in Macomb County, Michigan. 
URBAN AIRPORT ACCESS SAFETY DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to improve and upgrade 
access to Detroit Metropolitan Airport in southeast Michigan, 
$9,000,000, to remain available until expended, for the purpose of 
demonstrating methods of improving access to major urban airports. 
PENNSYLVANIA RECONSTRUCTION DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to upgrade, widen, and 
reconstruct the sections of Pennsylvania Route 56 known as Haws 
Pike and the Windber By-Pass, for the purpose of demonstrating 
methods of promoting economic development and highway safety, 
$8,100,000, to remain available until expended. 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 929 
PENNSYLVANIA TOLL ROAD DEMONSTRATION PROJECT 
For necessary expenses for the Monongahela Valley Expressway, 
$1,800,000, to remain available until expended: Provided, That these 
funds, together with funds made available from the Highway Trust 
Fund, for Federal participation in the toll highway project being 
carried out under section 129(j) of title 23, United States Code, in the 
State of Pennsylvania shall be subject to section 129(j) of such title, 
relating to Federal share limitation. 
HIGHWAY BYPASS DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out a highway 
project in the vicinity of Prunedale, California, that demonstrates 
methods of accelerating right-of-way acquisition and construction of 
a highway bypass, $9,000,000, to remain available until expended. 
HIGHWAY DEMONSTRATION PROJECTS 
(INCLUDING TRANSFER OF FUNDS) 
For up to 80 percent of the expenses necessary for certain high-
way and bicycle transportation projects and parking facilities, 
including feasibility and environmental studies, that demonstrate 
methods of improving safety, reducing congestion, or promoting 
economic development $249,146,000 together with $4,628,000 to be 
derived by transfer from the "Nuclear Waste Transportation Safety 
Demonstration project", to remain available until expended. 
HIGHWAY STUDIES 
FEASIBIUTY, DESIGN, ENVIRONMENTAL, ENGINEERING 
For necessary expenses to carry out feasibility, design, environ-
mental, and preliminary engineering studies, $18,448,000, to remain 
available until expended. 
CORRIDOR G IMPROVEMENT PROGRAM 
For the purpose of carrying out a demonstration of methods of 
eliminating traffic congestion, and to promote economic benefits for 
the area affected by the construction of the Corridor G segment of 
the Appalachian Highway System, there is hereby appropriated 
$148,500,000, to remain available until expended: Provided, That all 
funds appropriated under this head shall be exempted from any 
limitation on obligations for Federal-aid highways and highway 
safety construction programs. 
CORNING BYPASS SAFETY DEMONSTRATION PROJECT 
For the purpose of continuing a demonstration of traffic safety 
and flow improvement, there is hereby appropriated $12,600,000, to 
remain available until expended: Provided, That all funds appro-
priated under this head shall be exempted from any limitation on 
obligations for Federsil-aid highways and highway safety construc-
tion programs. 
105 STAT. 930 
PUBLIC LAW 102-143—OCT. 28, 1991 
TURQUOISE TRAIL PROJECT 
For necessary expenses to carry out a demonstration project 
known as the Turquoise Trail Project, that demonstrates methods of 
enhancing safety and promoting economic development through 
converting a dirt roadway into an all weather, two lane highway, 
there is hereby appropriated $2,700,000, to remain available until 
expended: Provided, That such sums appropriated under this head 
shall be exempted from any limitation on obligations for Federal-aid 
highways and highway safety construction programs. 
OTTUMWA ROAD EXTENSION PROJECT 
For the purpose of carrying out a demonstration of economic 
growth and development benefits of a four lane highway in areas 
with industry producing heavy traffic, there is hereby appropriated 
$7,200,000 to remain available until expended, for the acquisition of 
rights-of-way, and other costs incurred in the upgrading and 
construction of a portion of a four lane facility between Prairie City 
and Ottumwa along existing State highways and new highway 
alignments: Provided, That all funds appropriated under this head 
shall be exempted from any limitation on obligations for Federal-aid 
highways and highway safety construction programs. 
NORTH CAROLINA CONNECTOR PROJECT 
For necessary expenses to carry out site selection, preliminary 
engineering and design work related to construction of a new four-
lane highway at interstate standards from Rocky Mount, North 
Carolina, to Elizabeth City, North Carolina, including extensions to 
Raleigh, North Carolina, and Portsmouth, Virginia, there is hereby 
appropriated $4,800,000 to remain available until expended: Pro-
vided, That all funds appropriated under this head shall be 
exempted from any limitation on obligations for Federal-aid high-
ways and highway safety construction programs. 
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
OPERATIONS AND RESEARCH 
For expenses necessary to discharge the functions of the Secretary 
with respect to traffic and highway safety under the Motor Vehicle 
Information and Cost Savings Act (Public Law 92-513, as amended) 
and the National Traffic and Motor Vehicle Safety Act, $78,528,000, 
to remain available until September 30,1994. 
OPERATIONS AND RESEARCH 
(HIGHWAY TRUST FUND) 
For expenses necessary to discharge the functions of the Secretary 
with respect to traffic and highway safety under chapter 4, title 23, 
United States Code, to be derived from the Highway Trust Fund, 
$44,172,000, to remain available until September 30,1994. 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 931 
HIGHWAY TRAFFIC SAFETY GRANTS 
(UQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For pa5mient of obligations incurred carrying out the provisions of 
23 U.S.C. 402, 406, and 408, and section 209 of Public Law 95-599, as 
amended, to remain available until expended, $130,000,000, to be 
derived from the Highway Trust Fund: Provided, That none of the 
funds in this Act shall be available for the planning or execution of 
programs the total obligations for which are in excess of 
$118,000,000 in fiscal year 1992 for "State and community highway 
safety grants" authorized under 23 U.S.C. 402: Provided 
further. 
That none of these funds shall be used for construction, rehabilita-
tion or remodeling costs, or for office furnishings and fixtures for 
State, local, or private buildings or structures: Provided 
further. 
That none of the funds in this Act shall be available for the 
planning or execution of programs the total obligations for which 
are in excess of $20,000,000 for "Alcohol safety incentive grants" 
authorized under 23 U.S.C. 408: Provided further. That not to exceed 
$5,153,000 may be available for administering the provisions of 23 
U.S.C. 402: Provided further. That notwithstanding any other provi-
sion of law, none of the funds in this Act shall be available for the 
planning or execution of programs authorized under section 209 of 
Public Law 95-599, as amended, the total obligations for which are 
in excess of $4,750,000 in fiscal years 1982 through 1992. 
FEDERAL RAILROAD ADMINISTRATION 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Federal Railroad Administration, 
not otherwise provided for, $16,442,000, of which $2,168,000 shall 
remain available until expended: Provided, That none of the funds 
in this Act shall be available for the planning or execution of a 
program making commitments to guarantee new loans under the 
Emergency Rail Services Act of 1970, as amended, and that no new 
commitments to guarantee loans under section 211(a) or 211(h) of 
the Regional Rail Reorganization Act of 1973, as amended, shall be 
made: Provided further. That, as part of the Washington Union 
40 USC 817 note. 
Station transaction in which the Secretary assumed the first deed of 
trust on the property and, where the Union Station Redevelopment 
Corporation or any successor is obligated to make payments on such 
deed of trust on the Secretary's behalf, including payments on and 
after September 30, 1988, the Secretary is authorized to receive such 
payments directly from the Union Station Redevelopment Corpora-
tion, credit them to the appropriation charged for the first deed of 
trust, and make payments on the first deed of trust with those 
funds: Provided further. That such additional sums as may be 
necessary for pajmient on the first deed of trust may be advanced by 
the Administrator from unobligated balances available to the Fed-
eral Railroad Administration, to be reimbursed from payments 
received from the Union Station Redevelopment Corporation. 
105 STAT. 932 
PUBLIC LAW 102-143—OCT. 28, 1991 
LOCAL RAIL FREIGHT ASSISTANCE 
For necessary expenses for rail assistance under section 5(q) of the 
Department of Transportation Act, £is amended, $11,500,000, to 
remain available until expended. 
RAILROAD SAFETY 
For necessary expenses in connection with railroad safety, not 
otherwise provided for, $37,706,000, of which $1,220,000 shall remain 
available until expended: Provided, That there may be credited to 
this appropriation funds received from non-Federal sources for ex-
penses incurred in training safety employees of private industry. 
State and local authorities, or other public authorities other than 
State rail safety inspectors participating in training pursuant to 
section 206 of the Federal Railroad Safety Act of 1970. 
RAILROAD RESEARCH AND DEVELOPMENT 
For necessary expenses for railroad research and development, 
$22,331,000, to remain available until expended: Provided, That up 
to $500,000 of the funds made available in fiscal year 1991 shall be 
made available to support, by financial Eissistance agreement, rail-
road-highway grade crossing safety programs, including Operation 
Lifesaver: Provided further. That $150,000 is available until ex-
pended to support by financial assistance agreement railroad met-
allurgical and welding studies at the Oregon Graduate Institute. 
Grants. 
Of the funds provided under this head, $2,500,000 is available 
until expended for grants to specific states to conduct detailed 
market analysis of potential maglev and/or high speed rail ridership 
and determine the availability of rights-of-way for maglev and/or 
high speed rail use: Provided, That any such grant shall be matched 
on a dollar for dollar basis by a State, local, or other non-Federal 
concern. 
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM 
For necessary expenses related to Northeast Corridor improve-
ments authorized by title VII of the Railroad Revitalization and 
Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et seq.) 
and the Rail Safety Improvement Act of 1988, $205,000,000, to 
remain available until expended. 
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION 
To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation for operating losses in-
curred by the Corporation, capital improvements, and labor protec-
tion costs authorized by 45 U.S.C. 601, to remain available until 
expended, $506,000,000, of which $331,000,000 shall be available for 
operating losses incurred by the Corporation and for labor protec-
tion costs, and of which $175,000,000 shall be available for capital 
improvements: Provided, That none of the funds herein appro-
priated shall be used for lease or purchase of passenger motor 
vehicles or for the hire of vehicle operators for any officer or 
employee, other than the president of the Corporation, excluding 
the leeise of passenger motor vehicles for those officers or employees 
while in official travel status: Provided further. That the Secretary 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 933 
shall make no commitments to guarantee new loans or loans for 
new purposes under 45 U.S.C. 602 in fiscal year 1992: Provided 
further. That no funds are required to be expended or reserved for 
expenditure pursuant to 45 U.S.C. 601(e): Provided further. That, 
notwithstanding any other provision of law, the National Railroad 
Passenger Corporation shall not operate rail passenger service be-
tween Atlantic City, New Jersey, and the Northeast Corridor main 
line unless the Corporation's Board of Directors determines that 
revenues from such service have covered or exceeded 75 per centum 
of the short-term avoidable costs of operating such service in the 
third year of operation: Provided further. That none of the funds 
provided in this or any other Act shall be made available to finance 
the acquisition and rehabilitation of a line, and construction nec-
essary to facilitate improved rail passenger service, between 
Spuyten Du5rvil, New York, and the main line of the Northeast 
Corridor unless the Secretary of Transportation certifies that not 
less than 40 per centum of the costs of such improvements shall be 
derived from non-Amtrak sources. 
MANDATORY PASSENGER RAIL SERVICE PAYMENTS 
To enable the Secretary of Transportation to pay obligations and 
liabilities 
of the 
National 
Railroad 
Passenger 
Corporation, 
$145,000,000, to remain available until expended: Provided, That 
this amount is available only for the payment of: (1) tax liabilities 
under section 3221 of the Internal Revenue Code of 1986 due in 
fiscal year 1992 in excess of amounts needed to fund benefits for 
individuals who retired from the National Railroad Passenger Cor-
poration and for their beneficiaries; (2) obligations of the National 
Railroad Passenger Corporation under section 358(a) of title 45, 
United States Code, due in fiscal year 1992 in excess of its obliga-
tions calculated on an experience-rated basis; and (3) obligations of 
the National Railroad Passenger Corporation due under section 
3321 of the Internal Revenue Code of 1986. 
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING FUNDS 
The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to 
section 512 of the Railroad Revitalization and Regulatory Reform 
Act of 1976 (Public Law 94-210), as amended, in such amounts and 
at such times £is may be necessary to pay any amounts required 
pursuant to the guarantee of the principal amount of obligations 
under sections 511 through 513 of such Act, such authority to exist 
as long as any such guaranteed obligation is outstanding: Provided, 
That no new loan guarantee commitments shall be made during 
fiscal year 1992: Provided further, That, notwithstanding any other 
provision of law, for fiscal year 1989 and each fiscal year thereafter 
all amounts realized from the sale of notes or securities sold under 
authority of this section shall be considered as current year domes-
tic discretionary outlay offsets and not as "asset sales" or "loan 
prepayments" as defined by section 257(12) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That any underwriting fees and related expenses shall be 
derived solely from the proceeds of the sales. 
49-194 n - 99 - 31 • OI. 9 PnH: 1 
105 STAT. 934 
PUBLIC LAW 102-143—OCT. 28, 1991 
CoNRAiL COMMUTER TRANSITION ASSISTANCE 
For necessary capital expenses of Conrail commuter transition 
assiistance, not otherwise provided for, $13,600,000, to remain avail-
able until expended. 
AMTRAK CORRIDOR IMPROVEMENT LOANS 
For loans to the Chicago, Missouri and Western Railroad, or its 
successors, to replace existing jointed rail with continuous welded 
rail between Joliet and Granite City, Illinois, $3,500,000: Provided, 
That any loan authorized under this section shall be structured with 
a maximum 20-year payment at an annual interest rate of 4 per 
centum: Provided further. That the Federal Government shall hold 
a first and prior purchase money security interest with respect to 
any materials to be acquired with Federal funds: Provided further. 
That any such loan shall be matched on a dollar for dollar basis by 
the State of Illinois: Provided further. That any such loan shall be 
made available no later than thirty days after enactment of this Act. 
URBAN MASS TRANSPORTATION ADMINISTRATION 
ADMINISTRATIVE EXPENSES 
For necessary administrative expenses of the urban mass 
transportation program authorized by the Urban Mass Transpor-
tation Act of 1964, as amended (49 U.S.C. 1601 et seq.), and 23 U.S.C. 
chapter 1 in connection with these activities, including hire of 
passenger motor vehicles and services as authorized by 5 U.S.C. 
3109, $37,000,000. 
RESEARCH, TRAINING, AND HUMAN RESOURCES 
For necessary expenses for research, training, and human re-
sources as authorized by the Urban Mass Transportation Act of 
1964, as amended (49 U.S.C. 1601 et seq.), to remain available until 
expended, $26,000,000, of which $5,000,000 shall be available to carry 
out the provisions of section 18(h) of the Urban Mass Transportation 
Act of 1964, as amended: Provided, That there may be credited to 
this appropriation funds received from States, counties, municipali-
ties, other public authorities, and private sources, for expenses 
incurred for training. 
FORMULA GRANTS 
For necessary expenses to carry out the provisions of sections 9 
and 18 of the Urban Mass Transportation Act of 1964, £is amended 
(49 U.S.C. 1601 et seq.), $1,520,000,000, to remain available until 
expended: Provided, That, notwithstanding any other provision of 
law, of the funds provided under this head for formula grants no 
more than $802,278,000 may be used for operating assistance under 
section 9(k)(2) of the Urban Mass Transportation Act of 1964, as 
amended. 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 935 
DISCRETIONARY GRANTS 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
None of the funds in this Act shall be available for the im-
plementation or execution of programs in excess of $1,900,000,000 in 
fiscal year 1992 for grants under the contract authority authorized 
in section 21 of the Urban Mass Transportation Act of 1964, as 
amended (49 U.S.C. 1601 et seq.). 
DISCRETIONARY GRANTS 
None of the funds provided in fiscal year 1992 to carry out the 
provisions of section 3 of the Urban Mass Transportation Act of 
1964, as amended (49 U.S.C. 1601 et seq.) shall be used for the study, 
design, engineering, construction or other activities related to the 
monorail segment of the Houston metro program. 
MASS TRANSIT CAPITAL FUND 
(UQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out section 21 of 
the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 
1601 et seq.), administered by the Urban Mass Transportation 
Administration, $1,500,000,000, to be derived from the Highway 
Trust Fund and to remain available until expended. 
INTERSTATE TRANSFER GRANTS—TRANSIT 
For necessary expenses to carry out the provisions of 23 U.S.C. 
103(e)(4) related to transit projects, $160,000,000, to remain available 
until expended. 
WASHINGTON METRO 
For necessary expenses to carry out the provisions of section 14 of 
Public Law 96-184 and Public Law 101-551, $124,000,000, to remain 
available until expended. 
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION 
The Saint Lawrence Seaway Development Corporation is hereby 
authorized to make such expenditures, within the limits of funds 
and borrowing authority available to the Corporation, and in accord 
with law, and to make such contracts and commitments without 
regard to fiscal year limitations as provided by section 104 of the 
Government Corporation Control Act, as amended, as may be nec-
essary in carrying out the programs set forth in the Corporation's 
budget for the current fiscal year. 
105 STAT. 936 
PUBLIC LAW 102-143—OCT. 28, 1991 
OPERATIONS AND MAINTENANCE 
(HARBOR MAINTENANCE TRUST FUND) 
For necessary expenses for operation and maintenance of those 
portions of the Saint Lawrence Seaway operated and maintained by 
the Saint Lawrence Seaway Development Corporation, $10,550,000, 
to be derived from the Harbor Maintenance Trust Fund, pursuant to 
Public Law 99-662. 
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION 
HAZARDOUS MATERIALS SAFETY 
For expenses necessary to discharge the functions of Hazardous 
Materials Safety and for expenses for conducting research and 
development, $12,000,000, of which $1,302,000 shall remain available 
until expended: Provided, That there may be credited to this appro-
priation funds received from States, counties, municipalities, other 
public authorities, and private sources for expenses incurred for 
training, and for reports publication and dissemination: Provided 
further, That not less than $1,900,000 in fees shall be collected under 
section 106(c)(ll) of the Hazardous Materials Transportation Uni-
form Safety Act of 1990 (49 App. U.S.C. 1805(c)(ll)) and deposited in 
the general fund of the Treasury as offsetting receipts. 
AVIATION INFORMATION MANAGEMENT 
For expenses necessary to discharge the functions of Aviation 
Information Management, $2,495,000: Provided, That there may be 
credited to this appropriation funds received from States, counties, 
municipalities, other public authorities, and private sources for 
expenses incurred for training, for reports publication and dissemi-
nation, and for aviation information management: Provided further. 
That, notwithstanding any other provision of law, there may be 
credited to this appropriation up to $1,000,000 in funds received 
from user fees established to support the electronic tariff filing 
system. 
EMERGENCY TRANSPORTATION 
For expenses necessary to discharge the functions of Emergency 
Transportation and for expenses for conducting research and devel-
opment, $927,000, of which $90,000 shall remain available until 
expended: Provided, That there may be credited to this appropria-
tion funds received from States, counties, municipalities, other 
public authorities, and private sources for expenses incurred for 
training, and for reports publication and dissemination. 
RESEARCH AND TECHNOLOGY 
For expenses necessary to discharge the functions of Research and 
Technology and for expenses for conducting research and develop-
ment, $1,516,000, of which $702,000 shall remain available until 
expended: Provided, That there may be credited to this appropria-
tion funds received from States, counties, municipalities, other 
public authorities, and private sources for expenses incurred for 
training, and for reports publication and dissemination. 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 937 
PROGRAM AND ADMINISTRATIVE SUPPORT 
For expenses necessary to discharge the functions of Program and 
Administrative Support, $5,428,000, of which $165,000 shall be de-
rived from the Pipeline Safety Fund: Provided, That there may be 
credited to this appropriation funds received from the States, coun-
ties, municipalities, other public authorities, and private sources for 
expenses incurred for training, and for reports publication and 
dissemination: Provided further, 
That no employees other than 
those compensated under this appropriation shall serve in the Office 
' 
of the Administrator, the Office of Policy and Programs, the Office 
of Civil Rights, the Office of Management and Administration, and 
the Office of the Chief Counsel. 
PiPEUNE SAFETY 
(PIPELINE SAFETY FUND) 
For expenses necessary to conduct the functions of the pipeline 
safety program and for grants-in-aid to carry out a pipeline safety 
program, as authorized by section 5 of the Natural Gas Pipeline 
Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 
1979, $13,553,000, to be derived from the Pipeline Safety Fund, of 
which $7,850,000 shall remain available until expended. 
OFFICE OF THE INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Inspector General to 
carry out the provisions of the Inspector General Act of 1978, as 
amended, $37,005,000. 
TITLE II—RELATED AGENCIES 
ARCHITECTURAL AND TRANSPORTATION BARRIERS 
COMPLIANCE BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, £is authorized by section 502 of the 
Rehabilitation Act of 1973, as amended, $2,940,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for training expenses. 
NATIONAL TRANSPORTATION SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the National Transportation Safety 
Board, including hire of passenger motor vehicles and aircraft; 
services as authorized by 5 U.S.C. 3109, but at rates for individuals 
not to exceed the per diem rate equivalent to the rate for a GS-18; 
uniforms, or allowances therefor, as authorized by law (5 U.S.C. 
5901-5902), $34,676,000, of which not to exceed $1,000 may be used 
for official reception and representation expenses. 
105 STAT. 938 
PUBLIC LAW 102-143—OCT. 28, 1991 
INTERSTATE COMMERCE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Interstate Commerce Commission, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343(b), and not to exceed 
$1,500 
for 
official 
reception 
and 
representation 
expenses, 
49 use 10344 
$40,923,000: Provided, That joint board members and cooperating 
"°*®- 
State commissioners may use Government transportation requests 
when traveling in connection with their official duties as such: 
Provided further. That not to exceed $5,500,000 in fees collected in 
fiscal year 1992 by the Interstate Commerce Commission pursuant 
to 31 U.S.C. 9701 shall be made available to this appropriation in 
fiscal year 1992. 
PAYMENTS FOR DIRECTED RAIL SERVICE 
(LIMITATION ON OBUGATIONS) 
None of the funds provided in this Act shall be available for the 
execution of programs the obligations for which can reasonably be 
expected to exceed $475,000 for directed rail service authorized 
under 49 U.S.C. 11125 or any other Act. 
PANAMA CANAL COMMISSION 
PANAMA CANAL REVOLVING FUND 
For administrative expenses of the Panama Canal Commission, 
including not to exceed $11,000 for official reception and representa-
tion expenses of the Board; not to exceed $5,000 for official reception 
and representation expenses of the Secretary; and not to exceed 
$30,000 for official reception and representation expenses of the 
Administrator, $49,497,000, to be derived from the Panama Canal 
Revolving Fund: Provided, That none of these funds may be used for 
the planning or execution of non-administrative and capital pro-
grams the obligations for which are in excess of $509,500,000 in 
fiscal year 1992: Provided further, That funds available to the 
Panama Canal Commission shall be available for the purchase of 
not to exceed forty-four passenger motor vehicles for replacement 
only (including large heavy-duty vehicles used to transport Commis-
sion personnel across the Isthmus of Panama) the purchase price of 
which shall not exceed $16,500 per vehicle. 
DEPARTMENT 
OF 
THE 
TREASURY 
REBATE OF SAINT LAWRENCE SEAWAY TOLLS 
(HARBOR M A I N T E N A N C E TRUST FUND) 
For rebate of the United States portion of tolls paid for use of the 
Saint 
Lawrence 
Seaway, 
pursuant 
to 
Public 
Law 
99-662, 
$10,250,000, to remain available until expended and to be derived 
from the Harbor Maintenance Trust Fund, of which not to exceed 
$170,000 shall be available for expenses of administering the re-
bates. 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 939 
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 
INTEREST PAYMENTS 
For necessary expenses for interest payments, to remain available 
until expended, $51,663,569: Provided, That these funds shall be 
disbursed pursuant to terms and conditions established by Public 
Law 96-184 and the Initial Bond Repayment Participation Agree-
ment. 
TITLE III—GENERAL PROVISIONS 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 301. During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for mainte-
nance and operation of aircraft; hire of passenger motor vehicles 
and aircraft; purchase of liability insurance for motor vehicles 
operating in foreign countries on official department business; and 
uniforms, or allowances therefor, as authorized by law (5 U.S.C. 
5901-5902). 
SEC. 302. Funds for the Panama Canal Commission may be appor-
tioned notwithstanding 31 U.S.C. 1341 to the extent necessary to 
* 
permit payment of such pay increases for officers or employees as 
may be authorized by administrative action pursuant to law that are 
not in excess of statutory increases granted for the same period in 
corresponding rates of compensation for other employees of the 
Government in comparable positions. 
SEC. 303. Funds appropriated under this Act for expenditures by 20 USC 2l\ note, 
the Federal Aviation Administration shall be available (1) except as 
otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 
236-244), for expenses of primary and secondary schooling for 
dependents of Federal Aviation Administration personnel stationed 
outside the continental United States at costs for any given area not 
in excess of those of the Department of Defense for the same area, 
when it is determined by the Secretary that the schools, if any, 
available in the locality are unable to provide adequately for the 
education of such dependents, and (2) for transportation of said 
dependents between schools serving the area that they attend and 
their places of residence when the Secretary, under such regulations 
as may be prescribed, determines that such schools are not acces-
sible by public means of transportation on a regular basis. 
SEC. 304. Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the rate for a GS-18. 
SEC. 305. None of the funds for the Panama Canal Commission 
may be expended unless in conformance with the Panama Canal 
Treaties of 1977 and any law implementing those treaties. 
SEC. 306. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regu-
latory or adjudicatory proceedings funded in this Act. 
SEC. 307. None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any 
be transferred to other appropriations, unless expressly so provided 
herein. 
105 STAT. 940 
PUBLIC LAW 102-143—OCT. 28, 1991 
Contracts. 
Inter-
governmental 
relations. 
23 u s e 104 note. 
SEC. 308. None of the funds in this or any previous or subsequent 
Act shall be available for the planning or implementation of any 
change in the current Federal status of the Volpe National 
Transportation Systems Center, and none of the funds in this Act 
shall be available for the implementation of any change in the 
current Federal status of the Turner-Fairbank Highway Research 
Center: Provided, That the Secretary may plan for further develop-
ment of the Volpe National Transportation Systems Center and for 
other compatible uses of the Center's real property: Provided, That 
any such planning does not alter the Federal status of the Center's 
research and development operation. 
SEC. 309. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to 
section 3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided 
under existing law, or under existing Executive order issued pursu-
ant to existing law. 
SEC. 310. (a) For fiscal year 1992 the Secretary of Transportation 
shall distribute the obligation limitation for Federal-aid highways 
by allocation in the ratio which sums authorized to be appropriated 
for Federal-aid highways and highway safety construction that are 
apportioned or allocated to each State for such fiscal year bear to 
the total of the sums authorized to be appropriated for Federal-aid 
highways and highway safety construction that are apportioned or 
allocated to all the States for such fiscal year. 
(b) During the period October 1 through December 31, 1991, no 
State shall obligate more than 35 per centum of the amount distrib-
uted to such State under subsection (a), and the total of all State 
obligations during such period shall not exceed 25 per centum of the 
total amount distributed to all States under such subsection: Pro-
vided, That this subsection shall not apply to funds obligated for the 
Kennedy Expressway rehabilitation project in Chicago, Illinois. 
(c) Notwithstanding subsections (a) and Qo), the Secretary shall— 
(1) provide all States with authority sufficient to prevent 
lapses of sums authorized to be appropriated for Federal-aid 
highways and highway safety construction that have been 
apportioned 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, 1992, revise a distribution of the funds 
made available under subsection (a) if a State will not obligate 
the amount distributed during 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 bal-
ances of funds apportioned under section 104 of title 23, United 
States Code, and giving priority to those States which, because 
of statutory changes made by the Surface Transportation 
Assistance Act of 1982 and the Federal-Aid Highway Act of 
1981, have experienced substantial proportional reductions in 
their apportionments and allocations; and 
(3) not distribute amounts authorized for administrative ex-
penses, the Federal lands highway program, the strategic high-
way research program, the intelligent vehicle-highway systems 
program, the strategic highway research program and amounts 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 941 
made available under sections 149(d), 158, 159, 164, 165, and 167 
ofPublic Law 100-17. 
(d) The limitation on obligations for Federal-aid highways and 
highway safety construction programs for fiscal year 1992 shall not 
apply to obligations for emergency relief under section 125 of title 
23, United States Code; obligations under section 157 of title 23, 
United States Code; projects covered under section 147 of the Sur-
face Transportation Assistance Act of 1978, section 9 of the Federal-
Aid Highway Act of 1981, subsections 131 (b) and (j) of Public Law 
97-424, section 118 of the National Visitors Center Facilities Act of 
1968, or section 320 of title 23, United States Code; projects au-
thorized by Public Law 99-500, Public Law 99-591 and Public Law 
100-202; or projects covered under subsections 149 (b) and (c) of 
Public Law 100-17. 
(e) Subject to paragraph (c)(2) of this General Provision, a State 
which after August 1 and on or before September 30 of fiscal year 
1992 obligates the amount distributed to such State in that fiscal 
year under paragraphs (a) and (c) of this General Provision may 
obligate for Federal-aid highways and highway safety construction 
on or before September 30, 1992, an additional amount not to exceed 
5 percent of the aggregate amount of funds apportioned or allocated 
to such State— 
(1) under sections 104, 130, 144, and 152 of title 23, United 
States Code, and 
(2) for highway assistance projects under section 103(e)(4) of 
such title, 
which are not obligated on the date such State completes obligation 
of the amount so distributed. 
(f) During the period August 2 through September 30, 1992, the 
aggregate amount which may be obligated by all States pursuant to 
paragraph (e) shall not exceed 2.5 percent of the aggregate amount 
of funds apportioned or allocated to all States— 
(1) under sections 104, 130, 144, and 152 of title 23, United 
States Code, and 
(2) for highway assistance projects under section 103(e)(4) of 
such title, 
which would not be obligated in fiscal year 1992 if the total amount 
of the obligation limitation provided for such fiscal year in this Act 
were utilized. 
(g) Paragraph (e) shall not apply to any State which on or after 
August 1, 1992, has the amount distributed to such State under 
paragraph (a) for fiscal year 1992 reduced under paragraph (c)(2). 
SEC. 311. None of the funds in this Act shall be available for 
salaries and expenses of more than one hundred and twenty politi-
cal and Presidential appointees in the Department of Transpor-
tation. 
SEC. 312. Not to exceed $800,000 of the funds provided 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 Discretionary 
49 USC app. 
Grants program of the Urban Mass Transportation Administration 
^^^^ ^°^^-
shall not apply to any authority under sections 21 (a)(2) and (b) of 
the Urban Mass Transportation Act of 1964, as amended, previously 
made available for obligation. 
SEC. 314. Notwithstanding any other provision of law, none of the 
funds in this Act shall be available for the construction of, or any 
105 STAT. 942 
PUBLIC LAW 102-143—OCT. 28, 1991 
Federal 
Register, 
publication. 
Florida. 
49 u s e app. 
2212 note. 
other costs related to, the Central Automated Transit System 
(Downtown People Mover) in Detroit, Michigan. 
SEC. 315. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code. 
SEC. 316. Every 30 days, the Urban Mass Transportation Adminis-
tration shall publish in the Federal Register an announcement of 
each grant obligated pursuant to sections 3 and 9 of the Urban Mass 
Transportation Act of 1964, as amended, including the grant 
number, the grant amount, and the transit property receiving each 
grant. 
SEC. 317. Notwithstanding any other provision of law, funds 
appropriated in this or any other Act intended for studies, reports, 
training, salaries, or research, and related costs thereof including 
necessary capital expenses, including site acquisition, construction 
and equipment, are available for such purposes to be conducted 
through contracts, grants, or financial assistance agreements with 
the educational institutions that are specified in such Acts or in any 
report accompanying such Acts. 
SEC. 318. The Secretary of Transportation shall permit the obliga-
tion of not to exceed $4,000,000, apportioned under title 23, United 
States Code, section 104(b)(5)(B) for the State of Florida for operating 
expenses of the Tri-County Commuter Rail Project in the area of 
Dade, Broward, and Palm Beach Counties, Florida, during each year 
that Interstate 95 is under reconstruction in such area. 
SEC. 319. ESSENTIAL AIR SERVICE COMPENSATION.—Notwithstand-
ing any other provision of law, the Secretary of Transportation shall 
make payment of compensation under subsection 419 of the Federal 
Aviation Act of 1958, as amended, only to the extent and in the 
manner provided in appropriations Acts, at times and in a manner 
determined by the Secretary to be appropriate, and claims for such 
compensation shall not arise except in accordance with this provi-
sion. 
SEC. 320. The authority conferred by section 513(d) of the Airport 
and Airway Improvement Act of 1982, as amended, to issue letters of 
intent shall remain in effect subsequent to September 30, 1992. 
Letters of intent may be issued under such subsection to applicants 
determined to be qualified under such Act: Provided, That, notwith-
standing any other provision of law, all such letters of intent in 
excess of $10,000,000 shall be submitted for approval to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives; the Committee on Commerce, Science, and Transportation of 
the Senate; and the Committee on Public Works and Transportation 
of the House of Representatives. 
SEC. 321. The Secretary of Transportation is authorized to transfer 
funds appropriated for any office of the Office of the Secretary to 
any other office of the Office of the Secretary: Provided, That no 
appropriation shall be increased or decreased by more than 5 per 
centum by all such transfers: Provided further. That any such 
transfer shall be submitted for approval to the House and Senate 
Committees on Appropriations. 
SEC. 322. Such sums as may be necessary for fiscal year 1992 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act. 
SEC. 323. VESSEL TRAFFIC SAFETY FAIRWAY.—None of the funds in 
this Act shall be available to plan, finalize, or implement regula-
tions that would establish a vessel traffic safety fairway less than 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 943 
49 u s e app. 
2205 note. 
Contracts. 
Grants. 
Oregon. 
five miles wide between the Santa Barbara Traffic Separation 
Scheme and the San Francisco Traffic Separation Scheme. 
SEC. 324. Notwithstanding any other provision of law, airports 
may transfer, without consideration, to the Federal Aviation 
Administration instrument landing systems (along with associated 
approach lighting equipment and runway visual range equipment) 
which conform to Federal Aviation Administration performance 
specifications, the purchase of which was Eissisted by a Federal 
airport aid program, airport development aid program 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 agency criteria. 
SEC. 325. Notwithstanding any other provision of law, the Sec-
retary shall, with regard to the Discretionary Grants program of the 
Urbem Mass Transportation Administration, by February 14, 1992, 
enter into a full funding grant agreement with the Tri-County 
Metropolitan Transportation District of Oregon (Tri-Met) for the 
construction of the locally preferred alternative for the Westside 
Light Rail Project, including systems related costs, as defined in 
Public Law 101-516. That full funding agreement shall provide for a 
future amendment under the same terms and conditions set forth 
above, for the extension known as the Hillsboro project which 
< 
extends from S.W. 185th Avenue to the Transit Center in the city of 
Hillsboro, Oregon. Subject to a regional decision documented in the 
Hillsboro project's preferred alternatives report, the Secretary shall 
enter into an agreement with the Tri-County 
Metropolitan 
Transportation District of Oregon to initiate preliminary engineer-
ing on the Hillsboro project, which shall proceed independent of and 
concurrent with the project between downtown Portland, Oregon 
and S.W. 185th Avenue. 
SEC. 326. NATIONAL WEATHER GRAPHICS SYSTEM.—None of 
the 
funds made available in this Act may be used by the Federal 
Aviation Administration for a new National Weather Graphics 
System. 
SEC. 327. None of the funds in this Act shall be available 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 
cancellation charge greater than $10,000,000 which at the time of 
obligation has not been appropriated to the limits of the govern-
ment's liability or (3) includes a requirement that permits perform-
ance under the contract during the second and subsequent years of 
the contract without conditioning such performance upon the appro-
priation of funds: Provided, That this limitation does not apply to a 
contract in which the Federal Government incurs no 
financial 
liability from not buying additional systems, subsystems, or compo-
nents beyond the basic contract requirements. 
SEC. 328. From funds appropriated to the Department of Transpor- Missouri 
tation or made available by this Act or any other Act, the Secretary 
of Transportation shall, notwithstanding any other provision of this 
Act or any other Act, make available not to exceed $2,000,000 for the 
planning of a multimodal transportation center in St. Louis, Mis-
souri. 
SEC. 329. None of the funds in this Act shall be available to close 
the Federal Aviation Administration's airport facilities equipment 
105 STAT. 944 
PUBLIC LAW 102-143—OCT. 28, 1991 
Contracts. 
Massachusetts. 
Reports. 
23 u s e 154 note. 
Inter-
governmental 
relations. 
office in Little Rock, Arkansas, or to transfer or reduce personnel 
therefrom. 
SEC. 330. SOUTH BOSTON PIERS TRANSITWAY.—Notwithstanding 
any other provision of law, the Secretary shall, with regard to the 
Discretionary Grants program of the Urban Mass Transportation 
Administration— 
(a) issue a letter of no prejudice, effective as of or retroactive 
to October 1, 1991, for preliminary engineering and final design, 
and enter into a full funding agreement, including system 
related costs, by June 1, 1992, for the portion of the South 
Boston Piers Transitway Project between South Station and the 
portal at D Street in South Boston, Massachusetts. That full 
funding agreement shall provide for a future amendment under 
the same terms and conditions set forth above, for the extension 
of the Transitway from South Station to Boylston Station; and 
(b) issue a letter of intent by September 30, 1992, for the 
extension of the Transitway from South Station to Boylston 
Station. 
SEC. 331. None of the funds provided in this Act for Coast Guard 
Acquisition, Construction and Improvements shall be available for 
any quarter of any fiscal year beginning after December 31, 1991, 
unless the Commandant of the Coast Guard first submits a quar-
terly report to the House and Senate Appropriations Committees on 
all major Coast Guard acquisition projects including projects exe-
cuted for the Coast Guard by the United States Navy: Provided, 
That such reports shall include an acquisition schedule, estimated 
current and future year funding requirements, and a schedule of 
anticipated obligations and outlays for each major acquisitions 
project: Provided further. That such reports shall rate on a relative 
scale the cost risk, schedule risk, and technical risk associated with 
each acquisition project and include a table detailing unobligated 
balances to date and anticipated unobligated balances at the close of 
the fiscal year and the close of the following fiscal year should the 
Administration's pending budget request for the acquisition, 
construction and improvements account be fully funded. 
SEC. 332. NATIONAL 55 MPH 
SPEED LIMIT ENFORCEMENT PEN-
ALTIES.—Notwithstanding sections 141(a) and 154 of title 23, United 
State Code, none of the funds in this or any previous or subsequent 
Act shall be used for the purpose of reducing or reserving any 
portion of a State's apportionment of Federal-aid highway funds as 
required by section 154(f) of title 23, United States Code, for reason 
of noncompliance with the criteria of that subsection during fiscal 
year 1990. The Secretary shall promptly restore any apportionments 
which, prior to enactment of this Act, were reduced or reserved from 
obligation for reason of noncompliance under section 154(f) during 
said fiscal year. 
SEC. 333. REVOCATION OR SUSPENSION OF DRIVERS' LICENSES OF 
INDIVIDUALS CONVICTED OF DRUG OFFENSES. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following new section: 
"§ 159. Revocation or suspension of drivers' licenses of individuals 
convicted of drug offenses 
"(a) WITHHOLDING OF APPORTIONMENTS FOR NONCOMPLIANCE.— 
"(1) AFTER SECOND CALENDAR YEAR.—For each fiscal year the 
Secretary shall withhold 5 percent of the amount required to be 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 945 
apportioned to any State under each of paragraphs (1), (2), (5), 
and (6) of section 104(b) on the first day of each fiscal year which 
begins after the second calendar year following the effective 
date of this section if the State does not meet the requirements 
of paragraph (3) on such date. 
"(2) AFTER FOURTH CALENDAR YEAR.—The Secretary shall 
withhold 10 percent (including any amounts withheld under 
paragraph (1)) of the amount required to be apportioned to any 
State under each of paragraphs (1), (2), (5), and (6) of section 
104(b) on the first day of each fiscal year which begins after the 
fourth calendar year following the effective date of this section 
if the State does not meet the requirements of paragraph (3) on 
the first day of such fiscal year. 
"(3) REQUIREMENTS.—A State meets the requirements of this 
paragraph i
f
— 
"(A) the State has enacted and is enforcing a law that 
requires in all circumstances, or requires in the absence of 
compelling circumstances warranting an exception— 
"(i) the revocation, or suspension for at least 6 
months, of the driver's license of any individual who is 
convicted, after the enactment of such law, of— 
"(I) any violation of the Controlled Substances 
Act, or 
"(II) any drug offense; and 
"(ii) a delay in the issuance or reinstatement of a 
driver's license to such an individual for at least 6 
months after the individual applies for the issuance or 
reinstatement of a driver's license if the individual does 
not have a driver's license, or the driver's license of the 
individual is suspended, at the time the individual is so 
convicted; or 
"(B) the Governor of the State— 
"(i) submits to the Secretary no earlier than the 
adjournment sine die of the first regularly scheduled 
session of the State's legislature which begins after the 
effective date of this section a written certification 
stating that the Governor is opposed to the enactment 
or enforcement in the State of a law described in 
subparagraph (A), relating to the revocation, suspen-
sion, issuance, or reinstatement of drivers' licenses to 
convicted drug offenders; and 
"(ii) submite to the Secretary a written certification 
that the legislature (including both Houses where 
applicable) has adopted a resolution expressing its 
opposition to a law described in clause (i). 
"(b) PERIOD OF AVAILABILITY; EFFECT OF COMPUANCE AND NON-
COMPUANCE.— 
"(1) PERIOD OF AVAILABILITY OF WITHHELD FUNDS.— 
"(A) 
FUNDS WITHHELD ON OR BEFORE SEPTEMBER 
30, 
1995.—Any funds withheld under subsection (a) from appor-
tionment to any State on or before September 30, 1995, 
shall remain available for apportionment to such State as 
^ 
^ 
follows: 
"(i) If such funds would have been apportioned under 
section 1040c)X5XA) but for this section, such funds shall 
remain available until the end of the fiscal year for 
which such funds are authorized to be appropriated. 
105 STAT. 946 
PUBLIC LAW 102-143—OCT. 28, 1991 
"(ii) If such funds would have been apportioned 
under section 104(bX5XB) but for this section, such 
funds shall remain available until the end of the second 
fiscal year following the fiscal year for which such 
funds are authorized to be appropriated. 
"(iii) If such funds would have been apportioned 
under paragraph (1), (2), or (6) of section 104(b) but for 
this section, such funds shall remain available until the 
end of the third fiscal year following the fiscal year for 
which such funds are authorized to be appropriated. 
"(B) FUNDS WITHHELD AFTER SEPTEMBER 30, 1995.—No 
funds withheld under this section from apportionment to 
any State after September 30, 1995, shall be available for 
apportionment to such State. 
"(2) 
APPORTIONMENT OF WITHHELD FUNDS AFTER COMPU-
ANCE.—If, before the last day of the period for which funds 
withheld under subsection (a) from apportionment are to 
remain available for apportionment to a State under paragraph 
(1), the State meets the requirements of subsection (aX3), the 
Secretary shall, on the first day on which the State meets the 
requirements of subsection (a)(3), apportion to the State the 
funds withheld under subsection (a) that remain available for 
apportionment to the State. 
"(3) PERIOD OF AVAILABIUTY OF SUBSEQUENTLY APPORTIONED 
FUNDS.—Any funds apportioned pursuant to paragraph (2) shall 
remain available for expenditure as follows: 
"(A) Funds which would have been originally apportioned 
under section 1040))(5)(A) shall remain available until the 
end of the fiscal year succeeding the fiscal year in which 
such funds are apportioned under paragraph (2). 
"(B) Funds which would have been originally apportioned 
under paragraph (1), (2), (5)(B), or (6) of section 104(b) shall 
remain available until the end of the third fiscal year 
succeeding the fiscal year in which such funds are so 
apportioned. 
Sums not obligated at the end of such period shall lapse or, in 
J 
the case of funds apportioned under section 104(bX5), shall lapse 
and be made available by the Secretary for projects in accord-
ance with section 118(b). 
"(4) EFFECT OF NONCOMPLIANCE.—If, at the end of the period 
for which funds withheld under subsection (a) from appor-
tionment are available for apportionment to a State under 
paragraph (1), the State does not meet the requirements of 
subsection (a)(3), such funds shall lapse or, in the case of funds 
withheld from apportionment under section 104(b)(5), such 
funds shall lapse and be made available by the Secretary for 
projects in accordance with section 118(b). 
"(c) DEFINITIONS.—For purposes of this section— 
"(1) DRIVER'S LICENSE.—The term 'driver's license' means a 
license issued by a State to any individual that authorizes the 
individual to operate a motor vehicle on highways. 
"(2) DRUG OFFENSE.—The term 'drug offense' means any 
criminal offense which proscribes— 
"(A) the possession, distribution, manufacture, cultiva-
tion, sale, transfer, or the attempt or conspiracy to possess, 
distribute, manufacture, cultivate, sell, or transfer any sub-
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 947 
23 u s e prec. 
101. 
23 u s e 104 and 
note. 
23 u s e 104 note. 
stance the possession of which is prohibited under the 
Controlled Substances Act; or 
"(B) the operation of a motor vehicle under the influence 
of such a substance. 
"(3) CONVICTED.—The term 'convicted' includes adjudicated 
under juvenile proceedings.". 
(b) CONFORMING AMENDMENT TO CHAPTER ANALYSIS.—The analy-
sis for chapter 1 of such title is amended by striking the item 
relating to section 159 and inserting the following: 
"159. Revocation or suspension of drivers' licenses of individusils convicted of drug 
offenses.". 
(c) REPEAL OF FORMER PROVISION.—Section 333 of the Department 
of Transportation and Related Agencies Appropriations Act, 1991 
(104 Stat. 2184-2186) is repealed. 
(d) TREATMENT OF AMENDMENTS MADE BY FORMER PROVISION.— 
The amendments made by section 333 of the Department of 
Transportation and Related Agencies Appropriations Act, 1991 (104 
Stat. 2184-2186) shall be treated as having not been enacted into 
law. 
(e) EFFECTIVE DATE.—The amendments made by subsection (a) of 23 use 159 note 
this section shall take effect November 5,1990. 
SEC. 334. Notwithstanding section 512 of the Airport and Airway 
Improvement Act of 1982 (49 U.S.C. App. 2211), the Secretary of 
Transportation shall increase the grant AIP3-19-0004-7 by up to 
$141,713. 
SEC. 335. Notwithstanding any other provision of law, payments to 
the City of Atlantic City relating to the transfer of Atlantic City 
International Airport shall not be considered airport revenues for 
the purposes of the Airport and Airway Improvement Act of 1982, as 
amended (49 U.S.C. App. 2201, et seq.). 
SEC. 336. Section 104(cX3) of the Aviation Safety and Noise Abate-
ment Act of 1979 (49 U.S.C. 2104(c)(3)) is amended by deleting the 
word "public" before the word "building". 
SEC. 337. None of the funds contained herein may be used to 
enforce the series of Airworthiness Directives, commencing with the 
notice issued on November 28, 1987, regarding cargo fire detection 
and control in aircraft that (1) are operated solely within the State 
of Alaska, and (2) operate in a configuration with a passenger and 
cargo compartment on the main deck, until a thorough safety 
analysis and an economic impact statement have been completed by 
the Federal Aviation Administration, and have been submitted to 
and reviewed by the Committees on Appropriations of the Senate 
and House of Representatives. However, if the Secretary certifies 
that clear and convincing evidence exists that such rules should be 
implemented on an emergency basis to prevent a clear and present 
threat to passenger safety, such rules may be implemented on a 
temporary basis pending the outcome of the safety analysis and 
economic impact statement. 
SEC. 338. The Secretary of Transportation shall be authorized to 
enter into a sole source contract with the Puerto Rico Ports Author-
ity for purposes of constructing an air traffic control tower at Luis 
Munoz Marin Airport with fiscal year 1991 and fiscal year 1992 
appropriations provided under this section: Provided, That the 
Puerto Rico Ports Authority shall procure such construction serv-
ices consistent with Department of Transportation acquisition 
49 u s e app. 
2104. 
eontracts. 
Puerto Rico. 
105 STAT. 948 
PUBLIC LAW 102-143—OCT. 28, 1991 
District of 
Columbia. 
Federal 
Register, 
publication. 
49 use 10903 
note. 
regulations, part 1201 et seq., chapter 48 of the Code of Federal 
Regulations. 
SEC. 339. Notwithstanding any other provision of law, the Niagara 
Frontier Transportation Authority may provide transportation serv-
ices in support of the 1993 World University Games. 
New York. 
SEC. 340. Notwithstanding any other provision of law, of the 
amounts available to New York State under section 3 of the Urban 
Mass Transportation Act of 1964, as amended, such sums as may be 
necessary shall be made available to the Secretary for the purpose of 
conducting a study of the feasibility and cost of adding air condi-
tioning to Pennsylvania Station in New York City. 
SEC. 341. Notwithstanding any other provision of law, of the 
discretionary funds available to the District of Columbia under the 
Interstate Transfer Grants-Highway Program of the Federal-Aid 
Highways account of this Act, $5,000,000 in contract authority and 
in liquidation of contract authority shall be transferred to the 
Federal Railroad Administration, which shall make such funds 
available to Amtrak for the Union Station Parking Project in the 
District of Columbia. 
SEC. 342. The Secretary of Tremsportation shall publish by Janu-
ary 15, 1992, a notice of proposed rulemaking'with regard to amend-
ing the Federal Motor Carrier Safety regulations to prohibit the use 
of radar detectors in operating commercial motor vehicles. Such 
notice shall solicit testimony regarding the safety, economic, and 
operational aspects of prohibiting radar detectors in commercial 
operations. 
SEC. 343. Section 402 of Public Law 97-102 is amended by insert-
ing immediately before the colon a comma and the following: 
"except that exempt abandonments and discontinuances that are 
effectuated pursuant to section 1152.50 of title 49 of the Code of 
Federal Regulations after the date of Enactment of the Department 
of Transportation and Related Agencies Appropriations Act, 1992, 
shall not apply toward such 350-mile limit". 
SEC. 344. Notwithstanding any other provision of law, the Federal 
Aviation Administration may use funds from both the facilities and 
equipment program and the airport improvement formula grant 
funds to fund the relocation of an ASR-9 radar facility at Nashville 
Internationsd Airport: Provided, That Nashville International Air-
port may use airport improvement formula grant funds to purchase 
a VORTAC system for the airport. 
New York. 
SEC. 345. (a) The Administrator of the Federal Aviation Adminis-
Connecticut. 
tration shall conduct an aircraft noise mitigation review, to include 
that airspace over the States of New York and Connecticut lying 
within a fifty-five nautical mile radius of LaGuardia Airport: 
(1) By November 1, 1991, a plan shall be developed by the 
Administrator to carry out the aircraft noise mitigation review 
required by this section. 
(2) By January 1, 1992, at least 6 public meetings shall be 
held, with 3 such meetings to be held in each of the States of 
New York and Connecticut within the study area. 
(3) By May 31, 1992, the Administrator shall identify those 
actions that would be needed to implement air traffic changes 
that are determined by the Administrator to be appropriate to 
reduce the effects of aircraft noise within the study area, and to 
be consistent with the safe and efficient maneigement of air 
traffic, as provided in the Federal Aviation Act of 1958, as 
amended, and shall include those identified actions in the 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 949 
Regulations. 
49 u s e app. 
1357 note. 
Report to Congress required pursuant to section 9119(c) of 
Public Law 101-508. 
03) There is hereby estabUshed the Metropolitan New York Air- Establishment, 
craft Noise Mitigation Committee to review aircraft noise com-
plaints within the study area and advise the Administrator of the 
locations and boundaries of noise impact areas defined by such 
complaints. The Committee shall consist of nine members, with 
three members each from the States of Connecticut, New York, and 
New Jersey, such members to be appointed by the Governor of each 
State. The Committee shall obtain the participation of citizens, 
community associations, and other public organizations concerned 
with aircraft noise in the study area, and shall make recommenda-
tions to the Administrator regarding the organizations. These 
recommendations shall be submitted to the Administrator in 
accordance with the schedule he establishes in the plan required 
under subsection (aXl). 
(c) This section shall not apply to the Federal Aviation Adminis-
tration's field testing and evaluation of any new noise abatement 
departure procedures for Runway Thirteen at LaGuardia Airport. 
Implementation of new procedures, if appropriate, shall be in 
accordance with all applicable Federal requirements. 
SEC. 346. Not later than 180 days after the date of the enactment 
of this legislation, the Administrator shall issue regulations as may 
be necessary to carry out section 316(g) of the Federal Aviation Act 
of 1958 (49 U.S.C. App. 1357), as amended. The processing of crimi-
nal history record checks contained in section 316(g) shall begin not 
later than 60 days after the issuance of the final regulations. 
SEC. 347. None of the funds provided, or otherwise made available, 
by this Act shall be used by the Secretary of Transportation or the 
. 
Federal Aviation Administration to consolidate flight service sta-
tions (including changes in flight service station operations such as 
permanent reductions in staff, hours of operation, airspace, and 
airport jurisdictions and the disconnection of telephone lines), until 
after the expiration of the 9-month period following the date of the 
submission to Congress of the Auxiliary Flight Service Station plan 
required under section 330 of the Department of Transportation and 
Related Agencies Appropriations Act, 1991 (Public Law 101-516; 104 
Stat. 2184). This section shall not apply to flight service stations in 
Laramie, Rawlins, and Rock Springs, Wyoming. 
SEC. 348. The Secretary shall advance emergency relief funds to Washington. 
the State of Washington for the replacement of a bridge on the 
interstate system damaged by November 1990 storms notwithstand-
ing the provisions of section 125 of title 23, United States Code: 
Provided, That this provision shall be subject to the Federal Share 
provisions of section 120, title 23, of the United States Code. The 
State of Washington shall repay such advances to the extent that a 
final court judgment declares that damage to such bridges was a 
result of human error. 
SEC. 349. (a) Section 9308(d) of Public Law 101-508 is amended by 
striking the word "This" at the beginning of the first sentence 
thereof and inserting in lieu thereof the following: "Except for 
Hawaiian operations described in and provided for in subsection (i), 
this". 
(b) Section 9308 of Public Law 101-508 is amended by adding a 
new subsection (i), to read as follows: 
"(i) HAWAIIAN OPERATIONS.— 
49 u s e app. 
2157. 
105 STAT. 950 
PUBLIC LAW 102-143—OCT. 28, 1991 
"(IXA) An air carrier or foreign air carrier may not operate 
within the State of Hawaii or between a point in the State of 
Hawaii and a point outside the 48 contiguous States a greater 
number of Stage 2 aircraft having a maximum weight of more 
than 75,000 pounds than it operated within the State of Hawaii 
or between a point in the State of Hawaii and a point outside 
the 48 contiguous States on November 5,1990. 
"(B) An air carrier that provided turnaround service within 
the State of Hawaii on November 5, 1990, using Stage 2 aircraft 
having a msiximum weight of more than 75,000 pounds may 
include within the number of aircraft authorized under 
subparagraph (A) all such aircraft owned or leased by that 
carrier on such date, whether or not such aircraft were then 
operated by that carrier. 
"(2) An air carrier may not provide turnaround service within 
the State of Hawaii using Stage 2 aircraft having a maximum 
weight of more than 75,000 pounds unless that carrier provided 
such service on November 5,1990. 
"(3) For the purpose of this subsection, 'turnaround service' 
means the operation of a flight between two or more points, all 
of which are within the State of Hawaii.". 
SEC. 350. Unobligated funds in the amount of $170,000 authorized 
and appropriated under Public Law 101-516 for a highway grade 
crossing demonstration project in White River Junction, Vermont 
shall be made available to the State of Vermont Agency of Transpor-
tation without regard to whether or not such expenses are incurred 
in accordance with section 106 of title 23 of the United States Code. 
SEC. 351. (a) Notwithstanding any other law, the Secretary of 
Transportation shall construe all references in this Act to title 23, 
the Urban Mass Transportation Assistance Act of 1964 as amended, 
and the Federal-Aid Highway Acts in a manner which continues to 
apply such references to the appropriate programs as may be au-
thorized by a subsequent surface transportation assistance Act. 
Ot)) Section 329(a) of the Department of Transportation and Re-
23 use 154 note, lated Agencies Appropriations Act, 1988, Public Law 100-102, is 
amended by striking "and 1991" and inserting "1991, and 1992". 
SEC. 352. TELECOMMUTING STUDY.—The Secretary, in consultation 
with the Secretary of Energy, shall conduct a study of the potential 
costs and benefits to the energy and transportation sectors of 
telecommuting. The study shall include— 
(1) an estimation of the amount and type of reduction of 
commuting by form of transportation type and numbers of 
commuters; 
(2) an estimation of the potential number of lives saved; 
(3) an estimation of the reduction in environmental pollution, 
in consultation with the Environmental Protection Agency; 
(4) an estimation of the amount and type of reduction of 
energy use and savings by form of transportation type; and 
(5) an estimation of the social impact of widespread use of 
telecommuting. 
(b) This study shall be completed no more than one hundred and 
Reports. 
eighty days after the date of enactment of this Act. A report, 
summarizing the results of the study, shall be transmitted to the 
United States House of Representatives and the Committee on 
Energy and Natural Resources of the United States Senate no more 
than sixty days after completion of this study. 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 951 
SEC. 353. Notwithstanding section 127 of title 23, United States 
Code, the State of Wyoming may permit the use of the National 
System of Interstate and Defense Highways located in Wyoming by 
vehicles in excess of 80,000 pounds gross weight, but meeting eixle 
and bridge formula specifications in section 127 of title 23, United 
States Code, until June 30,1992. 
SEC. 354. (a) In light of recent positive changes in the Union of 
Soviet Socialist Republics, Congress finds that the Secretary of 
Defense and the Commandant of the Coast Guard should reexamine 
policies of the United States regarding the restricted use of certain 
ports of entry by ships, and crew members thereof, of the Union of 
Soviet Socialist Republics, including commercial cargo, passenger, 
fishing and fisheries support vessels. The Secretary of Defense and Reports, 
the Commandant of the Coast Guard shall jointly report back to 
Congress within 30 days following the date of the enactment of this 
Act regarding their examination of such policies, together with their 
recommendations. 
(b) For purposes of this section, the term "ships" means ships 
owned by, under the flag of, or operated by crew members of, the 
Union of Soviet Socialist Republics. 
SEC. 355. For purposes of the Act of June 30, 1982 (96 Stat. 150), 
giving the consent of Congress to a compact relating to the establish-
ment of a commission to study the feasibility of rapid rail transit 
service between certain States; the Congress authorizes the parties 
to such compact to change the name of such compact, including the 
name or names of any commission or other entity thereunder. 
TITLE IV 
SEC. 401. SHORT TITLE. 
-AGING AIRCRAFT SAFETY 
Aging Aircraft 
Safety Act of 
1991. 
This title may be cited as the "Aging Aircraft Safety Act of 1991". 1421 note. 
SEC. 402. AGING AIRCRAFT RULEMAKING PROCEEDING. 
(a) IN GENERAL.—Not later than 180 days after the date of the 
enactment of this title, the Administrator shall initiate a rule-
making proceeding for the purpose of issuing a rule to assure the 
continuing airworthiness of aging aircraft. 
03) INSPECTIONS AND RECORD REVIEWS.— 
(1) GENERAL REQUIREMENT.—The rule issued pursuant to this 
section shall, at a minimum, require the Administrator to make 
such inspections, and conduct such reviews of maintenance and 
other records, of each aircraft used by an air carrier to provide 
air transportation as may be necessary to enable the Adminis-
trator to determine that such aircraft is in safe condition and is 
properly maintained for operation in air transportation. 
(2) PART OF HEAVY MAINTENANCE CHECKS.—The inspections 
and reviews required under paragraph (1) shall be carried out as 
part of each heavy maintenance check of the aircraft conducted 
on or after the first day of the 15th year in which the aircraft is 
in service. 
(3) APPUCABILITY OF FEDERAL AVIATION ACT.—The inspections 
required under paragraph (1) shall be conducted as provided in 
section 601(aX3XC) of the Federal Aviation Act of 1958. 
(c) DEMONSTRATION OF STRUCTURAL AND PARTS MAINTENANCE.— 
The rule issued pursuant to this section shall, at a minimum, 
require the air carrier to demonstrate to the Administrator, as part 
of the inspection required by the rule, that maintenance of the 
105 STAT. 952 
PUBLIC LAW 102-143—OCT. 28, 1991 
aircraft's structure, skin, and other age-sensitive parts and compo-
nents has been adequate and timely enough to ensure the highest 
degree of safety. 
(d) PROCEDURES.—The rule issued pursuant to this section shall 
establish procedures to be followed in canying out the inspections 
required by the rule. 
(e) AVAILABILITY OF AIRCRAFT.—The rule issued pursuant to this 
section shall require the air carrier to make available to the 
Administrator the aircraft and such inspection, maintenance, and 
other records pertaining to the aircraft as the Administrator may 
require for carrying out reviews required by the rule. 
SEC. 403. AIRCRAFT MAINTENANCE SAFETY PROGRAMS. 
Not later than 180 days after the date of the enactment of this 
title, the Administrator shall establish— 
(1) a program to verify that air carriers are maintaining their 
aircraft in accordance with maintenance programs approved by 
the Federal Aviation Administration; 
(2) a program— 
(A) to provide inspectors and engineers of the Federal 
Aviation Administration 
with training necessary 
for 
conducting auditing inspections of aircraft operated by air 
carriers for corrosion and metal fatigue; and 
(B) to enhance participation of such inspectors and engi-
neers in such inspections; and 
(3) a program to ensure that air carriers demonstrate to the 
Administrator their commitment and technical competence to 
assure the airworthiness of aircraft operated by such carriers. 
SEC. 404. FOREIGN AIR TRANSPORTATION. 
(a) GENERAL RULE.—The Administrator shall take all possible 
steps to encourage foreign governments and relevant international 
organizations to develop standards and requirements for inspections 
and reviews which will ensure the continuing airworthiness of aging 
aircraft used by foreign air carriers to provide foreign air transpor-
tation to and from the United States and which will afford pas-
sengers of such foreign air carriers the same level of safety as will be 
afforded psissengers of air carriers by implementation of this title. 
OJ) REPORT.—Not later than the last day of the second fiscal year 
beginning after the date of the enactment of this title, the Adminis-
trator shall report to Congress on implementation of this section. 
SEC. 405. ADMINISTRATOR DEFINED. 
As used in this title, the term "Administrator" means the 
Administrator of the Federal Aviation Administration. 
Omnibus 
Transportation 
Employee 
Testing Act of 
1991. 
Drugs and drug 
abuse. 
Safety. 
49 u s e app. 
1301 note. 
49 u s e app. 
1434 note. 
TITLE V—OMNIBUS TRANSPORTATION EMPLOYEE TESTING 
SHORT TITLE 
SEC. 1. This title may be cited as the 
Employee Testing Act of 1991". 
'Omnibus Tremsportation 
FINDINGS 
SEC. 2. The Congress finds that— 
(1) alcohol abuse and illegal drug use pose significant dangers 
to the safety and welfare of the Nation; 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 953 
(2) millions of the Nation's citizens utilize transportation by 
aircraft, railroads, trucks, and buses, and depend on the opera-
tors of aircraft, trains, trucks, and buses to perform in a safe 
and responsible manner; 
(3) the greatest efforts must be expended to eliminate the 
abuse of alcohol and use of illegal drugs, whether on duty or off 
duty, by those individuals who are involved in the operation of 
aircraft, trains, trucks, and buses; 
(4) the use of alcohol and illegal drugs has been demonstrated 
to affect significantly the performance of individuals, and has 
been proven to have been a critical factor in transportation 
accidents; 
(5) the testing of uniformed personnel of the Armed Forces 
has shown that the most effective deterrent to abuse of alcohol 
and use of illegal drugs is increased testing, including random 
testing; 
(6) adequate safeguards can be implemented to ensure that 
testing for abuse of alcohol or use of illegal drugs is performed 
in a manner which protects an individual's right of privacy, 
ensures that no individual is harassed by being treated dif-
ferently from other individuals, and ensures that no individ-
ual's reputation or career development is unduly threatened or 
harmed; and 
(7) rehabilitation is a critical component of any testing pro-
gram for abuse of alcohol or use of illegal drugs, and should be 
made available to individuals, as appropriate. 
TESTING TO ENHANCE AVIATION SAFETY 
SEC. 3. (a) Title VI of the Federal Aviation Act of 1958 (49 App. 
U.S.C. 1421 et seq.) is amended by adding at the end thereof the 
following: 
"SEC. 614. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. 
49 USC app. 
"(a) TESTING PROGRAM.— 
"(1) PROGRAM FOR EMPLOYEES OF CARRIERS.—The Adminis- Regulations, 
trator shall, in the interest of aviation safety, prescribe regula-
tions within 12 months after the date of enactment of this 
section. Such regulations shall establish a program which re-
quires air carriers and foreign 
air carriers to conduct 
preemployment, 
reasonable suspicion, random, and 
post-
accident testing of airmen, crewmembers, airport security 
screening contract personnel, and other air carrier employees 
responsible for safety-sensitive functions (as determined by the 
Administrator) for use, in violation of law or Federal regulation, 
of alcohol or a controlled substance. The Administrator may 
also prescribe regulations, as the Administrator considers 
appropriate in the interest of safety, for the conduct of periodic 
recurring testing of such employees for such use in violation of 
law or Federal regulation. 
"(2) PROGRAM FOR FAA EMPLOYEES,—The Administrator shall 
establish a program applicable to employees of the Federal 
Aviation Administration whose duties include responsibility for 
safety-sensitive functions. Such program shall provide for 
preemployment, reasonable suspicion, random, and post-ac-
cident testing for use, in violation of law or Federal regulation, 
of alcohol or a controlled substance. The Administrator may 
105 STAT. 954 
PUBLIC LAW 102-143—OCT. 28, 1991 
Regulations. 
also prescribe regulations, as the Administrator considers 
appropriate in the interest of safety, for the conduct of periodic 
recurring testing of such employees for such use in violation of 
law or Federal regulation. 
"(3) SUSPENSION; REVOCATION; DISQUALIFICATION; DISMISSAL.— 
In prescribing regulations under the programs required by this 
subsection, the Administrator shall require, as the Adminis-
trator considers appropriate, the suspension or revocation of 
any certificate issued to such an individual, or the disqualifica-
tion or dismissal of any such individual, in accordance with the 
provisions of this section, in any instance where a test con-
ducted and confirmed under this section indicates that such 
individual has used, in violation of law or Federal regulation, 
alcohol or a controlled substance. 
'(b) PROHIBITION ON SERVICE.— 
"(1) PROHIBITED ACT.—It is unlawful for a person to use, in 
violation of law or Federal regulation, alcohol or a controlled 
substance after the date of enactment of this section and serve 
as an airman, crewmember, airport security screening contract 
personnel, air carrier employee responsible for safety-sensitive 
functions (as determined by the Administrator), or employee of 
the Federal Aviation Administration with responsibility for 
safety-sensitive functions. 
"(2) EFFECT OF REHABILITATION.—No individual who is deter-
mined to have used, in violation of law or Federal regulation, 
alcohol or a controlled substance after the date of enactment of 
this section shall serve as an airman, crewmember, airport 
security screening contract personnel, air carrier employee 
responsible for safety-sensitive functions (as determined by the 
Administrator), or employee of the Federal Aviation Adminis-
tration with responsibility for safety-sensitive functions unless 
such individual has completed a program of rehabilitation de-
scribed in subsection (c) of this section. 
"(3) PERFORMANCE OF PRIOR DUTIES PROHIBITED.—Any such 
individual determined by the Administrator to have used, in 
violation of law or Federal regulation, alcohol or a controlled 
substance after the date of enactment of this section who— 
"(A) engaged in such use while on duty; 
"(B) prior to such use had undertaken or completed a 
rehabilitation program described in subsection (c); 
"(C) following such determination refuses to undertake 
such a rehabilitation program; or 
"(D) following such determination fails to complete such 
a rehabilitation program, 
shall not be permitted to perform the duties relating to air 
transportation which such individual performed prior to the 
date of such determination. 
'(c) PROGRAM FOR REHABILITATION.— 
"(1) PROGRAM FOR EMPLOYEES OF CARRIERS.—The Adminis-
trator shall prescribe regulations setting forth requirements for 
rehabilitation programs which at a minimum provide for the 
identification and opportunity for treatment of employees re-
ferred to in subsection (a)(1) in need of assistance in resolving 
problems with the use, in violation of law or Federal regulation, 
of alcohol or controlled substances. Each air carrier and foreign 
air carrier is encouraged to make such a program available to 
all of its employees in addition to those employees referred to in 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 955 
subsection (a)(1). The Administrator shall determine the cir-
cumstances under which such employees shall be required to 
participate in such a program. Nothing in this subsection shall 
preclude any air carrier or foreign air carrier from establishing 
a program under this subsection in cooperation with any other 
air carrier or foreign air carrier. 
"(2) PROGRAM FOR FAA EMPLOYEES.—The Administrator shall 
establish and maintain a rehabilitation program which at a 
minimum provides for the identification and opportunity for 
treatment of those employees of the Federal Aviation Adminis-
tration whose duties include responsibility for safety-sensitive 
functions who are in need of assistance in resolving problems 
with the use of alcohol or controlled substances. 
"(d) PROCEDURES FOR TESTING.—In establishing the program re-
quired under subsection (a), the Administrator shall develop require-
ments which shall— 
"(1) promote, to the maximum extent practicable, individual 
privacy in the collection of specimen samples; 
"(2) with respect to laboratories and testing procedures for 
controlled substances, incorporate the Department of Health 
and Human Services scientific and technical guidelines dated 
April 11, 1988, and any subsequent amendments thereto, includ-
ing mandatory guidelines which— 
"(A) establish comprehensive standards for all aspects of 
laboratory controlled substances testing and laboratory 
procedures to be applied in carrying out this section, includ-
ing standards which require the use of the best available 
technology for ensuring the full reliability and accuracy of 
controlled substances tests and strict procedures governing 
the chain of custody of specimen samples collected for 
controlled substances testing; 
"(B) establish the minimum list of controlled substances 
, 
for which individuals may be tested; and 
"(C) establish appropriate standards and procedures for 
periodic review of laboratories and criteria for certification 
and revocation of certification of laboratories to perform 
controlled substances testing in carrying out this section; 
"(3) require that all laboratories involved in the controlled 
substances testing of any individual under this section shall 
have the capability and facility, at such laboratory, of perform-
ing screening and confirmation tests; 
"(4) provide that all tests which indicate the use, in violation 
of law or Federal regulation, of alcohol or a controlled substance 
by any individual shall be confirmed by a scientifically recog-
nized method of testing capable of providing quantitative data 
regarding alcohol or a controlled substance; 
"(5) provide that each specimen sample be subdivided, se-
cured, and labelled in the presence of the tested individual and 
that a portion thereof be retained in a secure manner to prevent 
the possibility of tampering, so that in the event the individual's 
confirmation test results are positive the individual has an 
K opportunity to have the retained portion assayed by a confirma-
tion test done independently at a second certified laboratory if 
the individual requests the independent test within 3 days after 
being advised of the results of the confirmation test; 
"(6) ensure appropriate safeguards for testing to detect and 
quantify alcohol in breath and body fluid samples, including 
105 STAT. 956 
PUBLIC LAW 102-143—OCT. 28, 1991 
urine and blood, through the development of regulations as may 
be necessary and in consultation with the Department of Health 
and Human Services; 
"(1) provide for the confidentiality of test results and medical 
information (other than information relating to alcohol or a 
controlled substance) of employees, except that the provisions of 
this paragraph shall not preclude the use of test results for the 
orderly imposition of appropriate sanctions under this section; 
and 
"(8) ensure that employees are selected for tests by non-
discriminatory and impartial methods, so that no employee is 
harassed by being treated differently from other employees in 
similar circumstances. 
"(e) EFFECT ON OTHER LAWS AND REGULATIONS.— 
"(1) STATE AND LOCAL LAW AND REGULATIONS.—No State or 
local government shall adopt or have in effect any law, rule, 
regulation, ordinance, standard, or order that is inconsistent 
with the regulations promulgated under this section, except 
that the regulations promulgated under this section shall not be 
construed to preempt provisions of State criminal law which 
impose sanctions for reckless conduct leading to actual loss of 
life, injury, or damage to property, whether the provisions apply 
specifically to employees of an air carrier or foreign air carrier, 
or to the general public. 
"(2) OTHER REGULATIONS ISSUED BY ADMINISTRATOR.—Nothing 
in this section shall be construed to restrict the discretion of the 
Administrator to continue in force, amend, or further supple-
ment any regulations issued before the date of enactment of this 
section that govern the use of alcohol and controlled substances 
by airmen, crewmembers, airport security screening contract 
personnel, air carrier employees responsible for safety-sensitive 
functions (as determined by the Administrator), or employees of 
the Federal Aviation Administration with responsibility for 
safety-sensitive functions. 
"(3) INTERNATIONAL OBLIGATIONS.—In prescribing regulations 
under this section, the Administrator shall only establish 
requirements applicable to foreign air carriers that are consist-
ent with the international obligations of the United States, and 
the Administrator shall take into consideration any applicable 
laws and regulations of foreign countries. The Secretary of State 
and the Secretary of Transportation, jointly, shall call on the 
member countries of the International Civil Aviation Organiza-
tion to strengthen and enforce existing standards to prohibit the 
use, in violation of law or Federal regulation, of alcohol or a 
controlled substance by crew members in international civil 
aviation. 
"(f) DEFINITION.—For the purposes of this section, the term 'con-
trolled substance' means any substance under section 102(6) of the 
Controlled Substances Act (21 U.S.C. 802(6)) specified by the 
Administrator.''. 
(b) That portion of the table of contents of the Federal Aviation 
Act of 1958 relating to title VI is amended by adding at the end 
thereof the following: 
"Sec. 614. Alcohol and controlled substances testing, 
"(a) Testing program. 
"(b) Prohibition on service. 
"(c) Program for rehabilitation. 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 957 
I 
"(d) Procedures. 
' 
"(e) Effect on other laws and regulations. 
"(f) Definition.". 
TESTING TO ENHANCE RAILROAD SAFETY 
SEC. 4. Section 202 of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 431) is amended by adding at the end thereof the following: 
"(r)(l) In the interest of safety, the Secretary shall, within twelve Regulations, 
months after the date of enactment of this subsection, issue rules, 
regulations, standards, and orders relating to alcohol and drug use 
in railroad operations. Such regulations shall establish a program 
which— 
"(A) requires railroads to conduct preemployment, reasonable 
suspicion, random, and post-accident testing of all railroad 
employees responsible for safety-sensitive functions (as deter-
mined by the Secretary) for use, in violation of law or Federal 
regulation, of alcohol or a controlled substance; 
"(B) requires, as the Secretary considers appropriate, disquali-
fication for an established period of time or dismissal of any 
employee determined to have used or to have been impaired by 
alcohol while on duty; and 
"(C) requires, as the Secretary considers appropriate, disquali-
fication for an established period of time or dismissal of any 
employee determined to have used a controlled substance, 
whether on duty or not on duty, except as permitted for medical 
purposes by law and any rules, regulations, standards, or orders 
issued under this title. 
The Secretary may also issue rules, regulations, standards, and 
orders, as the Secretary considers appropriate in the interest of 
safety, requiring railroads to conduct periodic recurring testing of 
railroad employees responsible for such safety sensitive functions, 
for use of alcohol or a controlled substance in violation of law or 
Federal regulation. Nothing in this subsection shall be construed to 
restrict the discretion of the Secretary to continue in force, amend, 
or further supplement any rules, regulations, standards, and orders 
governing the use of alcohol and controlled substances in railroad 
operations issued before the date of enactment of this subsection. 
"(2) In carrying out the provisions of this subsection, the Secretary 
shall develop requirements which shall— 
"(A) promote, to the maximum extent practicable, individual 
privacy in the collection of specimen samples; 
"(B) with respect to laboratories and testing procedures for 
controlled substances, incorporate the Department of Health 
and Human Services scientific and technical guidelines dated 
^ April 11,1988, and any subsequent amendments thereto, includ-
ing mandatory guidelines which— 
"(i) establish comprehensive standards for all aspects of 
laboratory controlled substances testing and laboratory 
procedures to be applied in carrying out this subsection, 
including standards which require the use of the best avail-
able technology for ensuring the full reliability and ac-
curacy of controlled substances tests and strict procedures 
governing the chain of custody of specimen samples col-
lected for controlled substances testing; 
"(ii) establish the minimum list of controlled substances 
for which individuals may be tested; and 
105 STAT. 958 
PUBLIC LAW 102-143—OCT. 28, 1991 
Regulations. 
"(iii) establish appropriate standards and procedures for 
periodic review of laboratories and criteria for certification 
and revocation of certification of laboratories to perform 
controlled substances testing in carrying out this subsec-
tion; 
"(C) require that all laboratories involved in the controlled 
substances testing of any employee under this subsection shall 
have the capability and facility, at such laboratory, of perform-
ing screening and confirmation tests; 
*(D) provide that all tests which indicate the use, in violation 
of law or Federal regulation, of alcohol or a controlled substance 
by any employee shall be confirmed by a scientifically recog-
. nized method of testing capable of providing quantitative data 
regarding alcohol or a controlled substance; 
'(E) provide that each specimen sample be subdivided, se-
cured, and labelled in the presence of the tested individual and 
that a portion thereof be retained in a secure manner to prevent 
the possibility of tampering, so that in the event the individual's 
confirmation test results are positive the individual has an 
opportunity to have the retained portion assayed by a confirma-
tion test done independently at a second certified laboratory if 
the individual requests the independent test within 3 days after 
being advised of the results of the confirmation test; 
"(F) ensure appropriate safeguards for testing to detect and 
quantify alcohol in breath and body fluid samples, including 
urine and blood, through the development of regulations as may 
be necessary and in consultation with the Department of Health 
and Human Services; 
"(G) provide for the confidentiality of test results and medical 
information (other than information relating to alcohol or a 
controlled substance) of employees, except that the provisions of 
> this subparagraph shall not preclude the use of test results for 
the orderly imposition of appropriate sanctions under this 
subsection; and 
"(H) ensure that employees are selected for tests by non-
discriminatory and impartial methods, so that no employee is 
harassed by being treated differently from other employees in 
similar circumstances. 
"(3) The Secretary shall issue rules, regulations, standards, or 
orders setting forth requirements for rehabilitation programs which 
at a minimum provide for the identification and opportunity for 
treatment of railroad employees responsible for safety-sensitive 
functions (as determined by the Secretary) in need of assistance in 
resolving problems with the use, in violation of law or Federal 
regulation, of alcohol or a controlled substance. Each railroad is 
encouraged to make such a program available to all of its employees 
in addition to those employees responsible for safety sensitive func-
tions. The Secretary shall determine the circumstances under which 
such employees shall be required to participate in such program. 
Nothing in this paragraph shall preclude a railroad from establish-
ing a program under this paragraph in cooperation with any other 
railroad. 
"(4) In carrying out the provisions of this subsection, the Secretary 
shall only establish requirements that are consistent with the inter-
national obligations of the United States, and the Secretary shall 
take into consideration any applicable laws and regulations of for-
eign countries. 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 959 
"(5) For the purposes of this subsection, the term 'controlled 
substance' means any substance under section 102(6) of the Con-
trolled Substances Act (21 U.S.C. 802(6)) specified by the Secretary.". 
TESTING TO ENHANCE MOTOR CARRIER SAFETY 
SEC. 5. (a)(1) The Commercial Motor Vehicle Safety Act of 1986 (49 
App. U.S.C. 2701 et seq.) is amended by adding at the end the 
following new section: 
"SEC. 12020. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. 
49 USC app. 
2717 
"(a) REGULATIONS.—The Secretary shall, in the interest of 
commercial motor vehicle safety, issue regulations within twelve 
months after the date of enactment of this section. Such regulations 
shall establish a program which requires motor carriers to conduct 
preemployment, reasonable suspicion, random, and post-accident 
testing of the operators of commercial motor vehicles for use, in 
violation of law or Federal regulation, of alcohol or a controlled 
substance. The Secretary may also issue regulations, as the Sec-
retary considers appropriate in the interest of safety, for the conduct 
of periodic recurring testing of such operators for such use in 
violation of law or Federal regulation. 
"(b) TESTING.— 
"(1) POST-ACCIDENT TESTING.—In issuing such regulations, the 
Secretary shall require that post-accident testing of the opera-
tor of a commercial motor vehicle be conducted in the case of 
any accident involving a commercial motor vehicle in which 
occurs loss of human life, or, as determined by the Secretary, 
other serious accidents involving bodily injury or significant 
property damage. 
"(2) TESTING AS PART OF MEDICAL EXAMINATION.—Nothing in 
subsection (a) of this section shall preclude the Secretary from 
providing in such regulations that such testing be conducted as 
part of the medical examination required by subpart E of part 
391 of title 49, Code of Federal Regulations, with respect to 
those operators of commercial motor vehicles to whom such 
part is applicable. 
"(c) PROGRAM FOR REHABIUTATION.—The Secretary shall issue Regulations, 
regulations setting forth requirements for rehabilitation programs 
which provide for the identification and opportunity for treatment 
of operators of commercial motor vehicles who are determined to 
have used, in violation of law or Federal regulation, alcohol or a 
controlled substance. The Secretary shall determine the cir-
cumstances under which such operators shall be required to partici-
pate in such program. Nothing in this subsection shall preclude a 
motor carrier from establishing a program under this subsection in 
cooperation with any other motor carrier. 
"(d) PROCEDURES FOR TESTING.—In establishing the program re-
quired under subsection (a) of this section, the Secretary shall 
develop requirements which shall— 
"(1) promote, to the maximum extent practicable, individual 
privacy in the collection of specimen samples; 
"(2) with respect to laboratories and testing procedures for 
controlled substances, incorporate the Department of Health 
and Human Services scientific and technical guidelines dated 
April 11,1988, and any subsequent amendments thereto, includ-
ing mandatory guidelines which— 
105 STAT. 960 
PUBLIC LAW 102-143—OCT. 28, 1991 
"(A) establish comprehensive standards for all aspects of 
laboratory controlled substances testing and laboratory 
procedures to be applied in carrying out this section, includ-
ing standards which require the use of the best available 
technology for ensuring the full reliability and accuracy of 
controlled substances tests and strict procedures governing 
the chain of custody of specimen samples collected for 
controlled substances testing; 
"(B) establish the minimum list of controlled substances 
for which individuals may be tested; and 
"(C) establish appropriate standards and procedures for 
periodic review of laboratories and criteria for certification 
and revocation of certification of laboratories to perform 
controlled substances testing in carrying out this section; 
"(3) require that all laboratories involved in the testing of any 
individual under this section shall have the capability and 
facility, at such laboratory, of performing screening and con-
firmation tests; 
"(4) provide that all tests which indicate the use, in violation 
of law or Federal regulation, of alcohol or a controlled substance 
by any individual shall be confirmed by a scientifically recog-
nized method of testing capable of providing quantitative data 
regarding alcohol or a controlled substance; 
'(5) provide that each specimen sample be subdivided, se-
cured, and labelled in the presence of the tested individual and 
that a portion thereof be retained in a secure manner to prevent 
the possibility of tampering, so that in the event the individual's 
confirmation test results are positive the individual has an 
opportunity to have the retained portion assayed by a confirma-
tion test done independently at a second certified laboratory if 
the individual requests the independent test within 3 days after 
being advised of the results of the confirmation test; 
"(6) ensure appropriate safeguards for testing to detect and 
quantify alcohol in breath and body fluid samples, including 
urine and blood, through the development of regulations as may 
be necessary and in consultation with the Department of Health 
and Human Services; 
"(7) provide for the confidentiality of test results and medical 
information (other than information relating to alcohol or a 
controlled substance) of employees, except that the provisions of 
this paragraph shall not preclude the use of test results for the 
orderly imposition of appropriate sanctions under this section; 
and 
"(8) ensure that employees are selected for tests by non-
discriminatory and impartial methods, so that no employee is 
harassed by being treated differently from other employees in 
similar circumstances. 
"(e) EFFECT ON OTHER LAWS AND REGULATIONS.— 
"(1) STATE AND LOCAL LAW AND REGULATIONS.—No State or 
local government shall adopt or have in effect any law, rule, 
regulation, ordinance, standard, or order that is inconsistent 
with the regulations issued under this section, except that the 
regulations issued under this section shall not be construed to 
preempt provisions of State criminal law which impose sanc-
tions for reckless conduct leading to actual loss of life, injury, or 
damage to property, whether the provisions apply specifically to 
commercial motor vehicle employees, or to the general public. 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 961 
"(2) OTHER REGULATIONS ISSUED BY SECRETARY.—Nothing in 
this section shall be construed to restrict the discretion of the 
Secretary to continue in force, amend, or further supplement 
any regulations governing the use of alcohol or controlled sub-
stances by commercial motor vehicle employees issued before 
the date of enactment of this section. 
"(3) INTERNATIONAL OBLIGATIONS.—In issuing regulations 
under this section, the Secretary shall only establish require-
ments that are consistent with the international obligations of 
the United States, and the Secretary shall take into consider-
ation any applicable laws and regulations of foreign countries. 
"(f) APPUCATION OF PENALTIES.— 
"(1) EFFECT ON OTHER PENALTIES.—Nothing in this section 
shall be construed to supersede any penalty applicable to the 
operator of a commercial motor vehicle under this title or any 
other provision of law. 
"(2) DETERMINATION OF SANCTIONS.—The Secretary shall 
determine appropriate sanctions for commercial motor vehicle 
operators who are determined, as a result of tests conducted and 
confirmed under this section, to have used, in violation of law or 
Federal regulation, alcohol or a controlled substance but are not 
under the influence of alcohol or a controlled substance, as 
provided in this title. 
"(g) DEFINITION.—For the purposes of this section, the term 'con-
trolled substance' means any substance under section 102(6) of the 
Controlled Substances Act (21 U.S.C. 802(6)) specified by the Sec-
retary.". 
(2) The table of contents of the Commercial Motor Vehicle Safety 
Act of 1986 (Public Law 99-570; 100 Stat. 5223) is amended by adding 
at the end thereof the following: 
"Sec. 12020. Alcohol and controlled substances testing.". 
(b)(1) The Secretary of Transportation shall design within nine 49 USC app. 
months after the date of enactment of this Act, and implement 2717 note, 
within fifteen months after the date of enactment of this Act, a pilot 
test program for the purpose of testing the operators of commercial 
motor vehicles on a random basis to determine whether an operator 
has used, in violation of law or Federal regulation, alcohol or a 
controlled substance. The pilot test program shall be administered 
as part of the Motor Carrier Safety Assistance Program. 
(2) The Secretary shall solicit the participation of States which are 
interested in participating in such program and shall select four 
States to participate in the program. 
(3) The Secretary shall ensure that the States selected pursuant to 
this subsection are representative of varying geographical and popu-
lation characteristics of the Nation and that the selection takes into 
consideration the historical geographical incidence of commercial 
motor vehicle accidents involving loss of human life. 
(4) The pilot program authorized by this subsection shall continue 
for a period of one year. The Secretary shall consider alternative 
methodologies for implementing a system of random testing of 
operators of commercial motor vehicles. 
(5) Not later than thirty months after the date of enactment of Reports, 
this Act, the Secretary shall prepare and submit to the Congress a 
comprehensive report setting forth the results of the pilot program 
conducted under this subsection. Such report shall include any 
recommendations of the Secretary concerning the desirability and 
105 STAT. 962 
PUBLIC LAW 102-143—OCT. 28, 1991 
implementation of a system for the random testing of operators of 
commercial motor vehicles. 
(6) For purposes of carrying out this subsection, there shall be 
available to the Secretary $5,000,000 from funds made available to 
carry out section 404 of the Surface Transportation Assistance Act 
of 1982 (49 App. U.S.C. 2304) for fiscal year 1992. 
(7) For purposes of this subsection, the term "commercial motor 
vehicle" shall have the meaning given to such term in section 
12019(6) of the Commercial Motor Vehicle Safety Act of 1986 (49 
App. U.S.C. 2716(6)). 
49 u s e app. 
1618a. 
Regulations. 
Regulations. 
TESTING TO ENHANCE MASS TRANSPORTATION SAFETY 
SEC. 6. (a) As used in this section, the term— 
(1) "controlled substance" means any substance under section 
102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) whose 
use the Secretary has determined has a risk to transportation 
safety; 
(2) "person" includes any corporation, partnership, joint ven-
ture, association, or other entity organized or existing under the 
laws of the United States, or any State, territory, district, or 
possession thereof, or of any foreign country; 
(3) "Secretary" means the Secretary of Transportation; and 
(4) "mass transportation" means all forms of mass transpor-
tation except those forms that the Secretary determines are 
covered adequately, for purposes of employee drug and alcohol 
testing, by either the Federal Railroad Safety Act of 1970 (45 
U.S.C. 431 et seq.) or the Commercial Motor Vehicle Safety Act 
of 1986 (49 App. U.S.C. 2701 et seq.). 
(b)(1) The Secretary shall, in the interest of mass transportation 
safety, issue regulations within twelve months after the date of 
enactment of this Act. Such regulations shall establish a program 
which requires mass transportation operations which are recipients 
of Federal financial assistance under section 3, 9, or 18 of the Urban 
Mass Transportation Act of 1964 (49 App. U.S.C. 1602, 1607a, or 
1614) or section 103(e)(4) of title 23, United States Code, to conduct 
preemployment, reasonable suspicion, random, and post-accident 
testing of mass transportation employees responsible for safety-
sensitive functions (as determined by the Secretary) for use, in 
violation of law or Federal regulation, of alcohol or a controlled 
substance. The Secretary may also issue regulations, as the Sec-
retary considers appropriate in the interest of safety, for the conduct 
of periodic recurring testing of such employees for such use in 
violation of law or Federal regulation. 
(2) In issuing such regulations, the Secretary shall require that 
post-accident testing of such a mass transportation employee be 
conducted in the case of any accident involving mass transportation 
in which occurs loss of human life, or, as determined by the Sec-
retary, other serious accidents involving bodily injury or significant 
property damage. 
(c) The Secretary shall issue regulations setting forth require-
ments for rehabilitation programs which provide for the identi-
fication and opportunity for treatment of mass transportation 
employees referred to in subsection (b)(1) who are determined to 
have used, in violation of law or Federal regulation, alcohol or a 
controlled substance. The Secretary shall determine the cir-
cumstances under which such employees shall be required to partici-
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 963 
pate in such program. Nothing in this subsection shall preclude a 
mass transportation operation from establishing a program under 
this section in cooperation with any other such operation. 
(d) In establishing the program required under subsection (b), the 
Secretary shall develop requirements which shall— 
(1) promote, to the maximum extent practicable, individual 
privacy in the collection of specimen samples; 
(2) with respect to laboratories and testing procedures for 
controlled substances, incorporate the Department of Health 
and Human Services scientific and technical guidelines dated 
April 11, 1988, and any subsequent amendments thereto, includ-
ing mandatory guidelines which— 
(A) establish comprehensive standards for all aspects of 
laboratory controlled substances testing and laboratory 
procedures to be applied in carrying out this section, includ-
ing standards which require the use of the best available 
technology for ensuring the full reliability and accuracy of 
controlled substances tests and strict procedures governing 
the chain of custody of specimen samples collected for 
controlled substances testing; 
(B) establish the minimum list of controlled substances 
for which individuals may be tested; and 
(C) establish appropriate standards and procedures for 
periodic review of laboratories and criteria for certification 
and revocation of certification of laboratories to perform 
controlled substances testing in carrying out this section; 
(3) require that all laboratories involved in the testing of any 
individual under this section shall have the capability and 
facility, at such laboratory, of performing screening and con-
firmation tests; 
(4) provide that all tests which indicate the use, in violation of 
law or Federal regulation, of alcohol or a controlled substance 
by any individual shall be confirmed by a scientifically recog-
nized method of testing capable of providing quantitative data 
regarding alcohol or a controlled substance; 
(5) provide that each specimen sample be subdivided, secured, 
and labelled in the presence of the tested individual and that a 
portion thereof be retained in a secure manner to prevent the 
possibility of tampering, so that in the event the individual's 
confirmation test results are positive the individual has an 
opportunity to have the retained portion assayed by a confirma-
tion test done independently at a second certified laboratory if 
the individual requests the independent test within three days 
after being advised of the results of the confirmation test; 
(6) ensure appropriate safeguards for testing to detect and 
quantify alcohol in breath and body fluid samples, including 
urine and blood, through the development of regulations as may 
be necessary and in consultation with the Department of Health 
and Human Services; 
105 STAT. 964 
PUBLIC LAW 102-143—OCT. 28, 1991 
(7) provide for the confidentiality of test results and medical 
information (other than information relating to alcohol or a 
controlled substance) of employees, except that the provisions of 
this paragraph shall not preclude the use of test results for the 
orderly imposition of appropriate sanctions under this section; 
and 
(8) ensure that employees are selected for tests by nondiscrim-
inatory and impartial methods, so that no employee is harassed 
by being treated differently from other employees in similar 
circumstances. 
(e)(1) No State or local government shall adopt or have in effect 
any law, rule, regulation, ordinance, standard, or order that is 
inconsistent with the regulations issued under this section, except 
that the regulations issued under this section shall not be construed 
to preempt provisions of State criminal law which impose sanctions 
for reckless conduct leading to actual loss of life, injury, or damage 
to property, whether the provisions apply specifically to mass 
transportation employees, or to the general public. 
(2) Nothing in this section shall be construed to restrict the 
discretion of the Secretary to continue in force, amend, or further 
supplement any regulations governing the use of alcohol or con-
trolled substances by mass transportation employees issued before 
the date of enactment of this Act. 
(3) In issuing regulations under this section, the Secretary shall 
only establish requirements that are consistent with the inter-
national obligations of the United States, and the Secretary shall 
take into consideration any applicable laws and regulations of for-
eign countries. 
(f)(1) As the Secretary considers appropriate, the Secretary shall 
require— 
(A) disqualification for an established period of time or dismis-
sal of any employee referred to in subsection (bXD who is 
determined to have used or to have been impaired by alcohol 
while on duty; and 
(B) disqualification for an established period of time or dismis-
sal of any such employee determined to have used a controlled 
substance, whether on duty or not on duty, except as permitted 
for medical purposes by law or any regulations. 
(2) Nothing in this section shall be construed to supersede any 
penalty applicable to a mass transportation employee under any 
other provision of law. 
(g) A person shall not be eligible for Federal financial assistance 
under section 3, 9, or 18 of the Urban Mass Transportation Act of 
1964 (49 App. U.S.C. 1602, 1607a, or 1614) or section 103(e)(4) of title 
23, United States Code, if such person— 
PUBLIC LAW 102-143—OCT. 28, 1991 
105 STAT. 965 
(1) is required, under regulations prescribed by the Secretary 
under this section, to establish a program of alcohol and con-
trolled substances testing; and 
(2) fails to establish such a program in accordance with such 
regulations. 
This Act may be cited as the "Department of Transportation and 
Related Agencies Appropriations Act, 1992". 
Approved October 28, 1991. 
LEGISLATIVE HISTORY—H.R. 2942: 
HOUSE REPORTS: Nos. 102-156 (Ctomm. on Appropriations) and 102-243 (Ctomm. of 
Conference). 
SENATE REPORTS: No. 102-148 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
July 24, considered and passed House. 
Sept. 17, considered and passed Senate, amended. 
Oct. 9, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with amendments. 
Oct. 16, Senate agreed to conference report; concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
Oct. 28, Presidential statement. 
o