Department of Transportation and Related Agencies Appropriations Act, 1989
PL 100-457 (H.R.4794), enacted 09/30/1988

PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2125 
Public Law 100-457 
100th Congress 
An Act 
Making appropriations for the Department of Transportation and related agencies 
for the fiscal year ending September 30, 1989, 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, 1989, and 
for other purposes, namely: 
TITLE I—DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
Sept. 30, 1988 
[H.R. 4794] 
Department of 
Transportation 
and Related 
Agencies 
Appropriations 
Act, 1989. 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary of Transpor-
tation, including not to exceed $30,000 for allocation within the 
Department of official reception and representation expenses as the 
Secretary may determine; $1,071,000 for the Immediate Office of the 
Secretary; $464,000 for the Immediate Office of the Deputy Sec-
retary; $6,000,000 for the Office of the General Counsel; $7,950,000 
for the Office of the Assistant Secretary for Policy and International 
Affairs; $2,241,000 for the Office of the Assistant Secretary for 
Budget and Programs; $2,265,000 for the Office of the Assistant 
Secretary for Governmental Affairs; $24,300,000 for the Office of the 
Assistant Secretary for Administration; $1,455,000 for the Office of 
the Assistant Secretary for Public Affairs; $824,000 for the Execu-
tive Secretariat; $440,000 for the Contract Appeals Board; $1,305,000 
for the Office of Civil Rights; $585,000 for the Office of Commercial 
Space Transportation; $1,727,000 for the Office of Essential Air 
Service; and $3,915,000 for the Office of Small and Disadvantaged 
Business Utilization, of which $3,000,000 shall remain available 
until expended and shall be available for the purposes of the Minor-
ity Business Resource Center as authorized by 49 U.S.C. 332: Pro-
vided, 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 opportunities 
related to any mode of transportation. 
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT 
For necessary expenses for conducting transportation planning, 
research, and development activities, including the collection of 
national trsuisportation statistics, and university research and 
internships, to remain available until expended, $5,600,000. 
102 STAT. 2126 
PUBLIC LAW 100-457—SEPT. 30, 1988 
WORKING CAPITAL FUND 
Necessary expenses for operating costs and capital outlays of the 
Department of Transportation Working Capital Fund not to exceed 
$130,350,000 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; for 
necessary expenses associated with the development of the Depart-
mental Accounting and Financial Information System, $3,200,000 to 
remain available until expended. 
PAYMENTS TO AIR CARRIERS 
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), as is payable by the Department 
of Transportation, $25,000,000, to remain available until expended. 
COAST GUARD 
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; pajmients 
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, $2,100,616,000 is authorized to be 
appropriated, derived by transfer, or otherwise provided in "in 
kind" commodities and services for C!oast Guard operating expenses 
in fiscal year 1989; of which $1,896,116,000 is hereby appropriated of 
which $30,000,000 shall be expended from the Boat Safety Account: 
Provided, That of the funds provided for operating expenses for 
fiscal year 1989, in this or any other Act, not less than $492,000,000 
shall be available for drug enforcement activities and not less than 
$147,000,000 shall be available for environmental protection activi-
ties: Provided further. That, of the funds provided in this Act for 
"Acquisition, Construction, and Improvements", $4,500,000 shall be 
transferred to this head to reopen and maintain the Coast Guard 
search and rescue stations located at Shark River, New Jersey; East 
Port, Maine; Block Island, Rhode Island; Ashtabula, Ohio; North 
Superior, Minnesota; Lake Tahoe, California; Kennewick, Washing-
ton; Kauai, Hawaii; and Mare Island, California; and to reactivate 
the Coquille and Rogue River Patrols in Oregon: Provided further. 
That, within available funds, the Coast Guard shall maintain the 
Coast Guard search and rescue station located at Bajrfield, Wiscon-
14 use 92 note. 
sin on a year-round basis: Provided further. That the number of 
aircraft on hand at any one time shall not exceed two hundred and 
fourteen, exclusive of planes and parts stored to meet future attri-
tion: Provided further. That none of the funds appropriated in this 
or any other Act shall be available for pay or administrative ex-
penses in connection with shipping commissioners 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 appropriation. 
10 use 2403 
note. 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2127 
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, $295,000,000, to 
remain available until September 30, 1993: Provided, That the 
Regulations. 
Secretary of Transportation shall issue regulations requiring that 
^TTcr^oi 
written warranties shall be included in all contracts with prime 
contractors for major systems acquisitions of the Coast Guard: 
Provided further. That any such written warranty shall not apply in 
the ceise of any system or component thereof that heis been fur-
nished 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 Appropriations of the 
Senate and the House of Representatives, the Committee on Com-
merce, Science, and Transportation of the Senate, and the Commit-
tee 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. 
ALTERATION OF BRIDGES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for alteration or removal of obstructive 
bridges, $8,500,000, together with $5,000,000 to be derived from 
"Acquisition, construction, and improvements", 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 payments for medical care of 
retired personnel and their dependents under the Dependents Medi-
cal Care Act (10 U.S.C, ch. 55), $410,800,000. 
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; $67,000,000. 
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, $18,800,000, 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 incurred for 
research, development, testing, £md evaluation. 
102 STAT. 2128 
PUBLIC LAW 100-457—SEPT. 30, 1988 
OFFSHORE OIL POLLUTION COMPENSATION FUND 
The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations in such 
amounts and at such times as may be necessary to the extent that 
appropriations are not adequate to meet the obhgations of the Fund: 
Provided, That none of the funds in this Act shall be avsiilable for 
the implementation or execution of programs the obligations for 
which are in excess of $60,000,000 in fiscal year 1989 for the "Off-
shore Oil Pollution Compensation Fund". 
DEEPWATER PORT LIABIUTY FUND 
33 use 1517a. 
The Secretary of Transportation is authorized to issue, and the 
Secretary of the Treasury is authorized to purchase, without fiscal 
year limitation, notes or other obligations in such amounts and at 
such times as may be necessary to the extent that available appro-
priations are not adequate to meet the obligations of the Fund: 
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 $50,000,000 in fiscal year 1989 for the "Deep-
water Port Liability Fund". 
BOAT SAFETY 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
For payment of obligations incurred for recreational boating 
safety eissistance under Public Law 92-75, as amended, $30,000,000, 
to be derived from the Boat Safety Account smd to remain available 
until expended: Provided, That none of the funds in this Act shall be 
available for the planning or execution of progreuns the obligations 
for which are in excess of $30,000,000 in fiscal year 1989 for rec-
reational boating safety assistance. 
FEDERAL AVIATION ADMINISTRATION 
HEADQUARTERS ADMINISTRATION 
For necessary expenses, not otherwise provided for, of providing 
administrative services at the headquarters location of the Federal 
Aviation Administration, including but not limited to accounting, 
budgeting, legal, public affairs, and executive direction services for 
the Federal Aviation Administration, $36,600,000. 
OPERATIONS 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Federal Aviation Administration, 
not otherwise provided for, including administrative expenses for 
research and development, and for establishment of air navigation 
facilities, and carrying out the provisions of the Airport and Airway 
Development Act, as amended, or other provisions of law authoriz-
ing the obligation of funds for similar programs of airport and 
airway development or improvement, purchase of four passenger 
motor vehicles for replacement only, $3,410,000,000, of which 
$471,320,000 shall be derived from the Airport and Airway Trust 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2129 
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: Provided 
further. That none of these funds shcdl be available for new ap-
plicants for the second career training program or for a pilot test of 
contractor maintenance: Provided further. That the immediately 
preceding proviso shall not prohibit the augmentation of the exist-
ing field maintenance work force if it is determined to be essential 
for the safe operation of the air traffic control system: Provided 
further. That section 5532(f)(2) of title V, United States Code, is 
amended 
by 
striking 
"December 
31, 1988" and 
inserting 
"December 31, 1989" in lieu thereof: Provided further. That section 
8344(h) of title V, United States Code, is amended by striking 
"December 31, 1986" in paragraph (2) and inserting "December 31, 
1987" in lieu thereof: Provided further. That in the event that the 
Federal Aviation Administrator employs annuitants subject to sec-
tion 8344(h) of title V, United States Code, not to exceed $10,000,000, 
to be derived from the unobligated balance of any appropriation 
available for obligation by the Federal Aviation Administration as 
of the effective date of this Act, shall be available through December 
31, 1989, for the purpose of funding such employment: Provided 
Reports. 
further. That any such funding shall be reported to the Committees 
on Appropriations of the Senate and the House of Representatives. 
FACIUTIES 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, including initial 
acquisition of necessary sites by lease or grant; engineering and 
service testing including construction of test facilities and acquisi-
tion of necessary sites by lease or grant; and construction and 
furnishing of quarters and related accommodations of officers and 
employees of the Federed Aviation Administration stationed at 
remote localities where such accommodations are not available; to 
be derived from the Airport and Airway Trust Fund and to remain 
available until September 30, 1993, $1,384,528,000: Provided, That 
there may be credited to this appropriation funds received from 
States, counties, municipalities, other public authorities, and private 
sources, for expenses incurred in the establishment and moderniza-
tion of air navigation facilities: Provided further. That of the funds 
available under this head, $1,000,000 snail be available for the 
Secretary of Transportation to enter into grant agreements with 
universities or colleges having an airway science curriculum recog-
nized by the Federsil Aviation Administration, to conduct dem-
onstration projects in the development, advancement, or expansion 
of airway science curriculum programs, and such funds, which shall 
remain available until expended, shall be made available under 
such terms and conditions as the Secretary of Transportation may 
prescribe, to such universities or colleges for the purchase or lease of 
buildings and associated facilities, instructional materials, or equip-
ment to be used in conjunction with airway science curriculum 
programs, but in no event shall the total Federal share provided for 
any airway science construction project exceed 50 per centum of the 
102 STAT. 2130 
PUBLIC LAW 100-457—SEPT. 30, 1988 
total cost of such project: Provided further. That upon FAA deter-
mination that a new permanent auxiliary air traffic control tower at 
the Orlando International Airport is needed, and upon approval by 
FAA of the design and location of such tower, up to $5,800,000 shall 
be set aside from funds made available for Facilities and Equipment 
for construction of the tower. 
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 (49 U.S.C. 1301-1542), including construc-
tion of experimental facilities and acquisition of necessary sites by 
lease or grant, $160,000,000, to be derived from the Airport and 
Airway Trust Fund and to remain available until expended: Pro-
vided, That there may be credited to this appropriation funds 
received from States, counties, municipalities, other public authori-
ties, and private sources, for expenses incurred for research, 
engineering, and development. 
GRANTS-IN-AID FOR AIRPORTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(AIRPORT AND AIRWAY TRUST FUND) 
(INCLUDING RESCISSION) 
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, $1,150,000,000, 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 $1,400,000,000 in fiscal year 
1989 for grgmts-in-aid for airport planning and development, and 
noise compatibility planning and programs, notwithstanding section 
506(eX4) of the Airport and Airway Improvement Act of 1982, £is 
amended: Provided further, That $100,000,000 of unobligated con-
tract authority available for airport development and planning 
pursuant to section 505(a) of the Airport and Airway Improvement 
Act of 1982, as amended, is rescinded: Provided further. That no 
grants-in-aid the commitments for which are subject to a limitation 
contained in this paragraph shall be made to the Msissachusetts 
Port Authority subsequent to a determination by the Department of 
Transportation that the landing fee structure adopted by the 
Massachusetts Port Authority on March 16, 1988, for Logan Inter-
national Airport, is inconsistent with the Federal Aviation Act of 
1958 (49 U.S.C. app. 1301 et seq.), or the Airport and Airway 
Improvement Act of 1982, as amended (49 U.S.C. app. 2201 et seq.), 
or with national transportation policy, if such fee structure remains 
in effect more than seven days after such determination is made: 
Provided further. That the Department of Transportation shall 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2131 
make a determination on the consistency of the landing fee struc-
ture prior to December 17,1988. 
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, £is 
amended (49 U.S.C. 1536), and in accordance with section 104 of the 
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 
The Secretary of Transportation may hereafter issue notes or 
49 use app. 
other obligations to the Secretary of the Treasury, in such forms and 
1324 note. 
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 $50,000,000 during fiscal year 1989. 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 purchcises, 
redemptions, and sales of such obligations by such Secretary shall be 
treated as public debt transactions of the United States. 
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON GENERAL OPERATING EXPENSES 
Necessary expenses for administration, operation, and research of 
the Federal Highway Administration, not to exceed $217,350,000, 
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: iVoyickd, That not to exceed $33,427,000 
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. 
102 STAT. 2132 
PUBLIC LAW 100-457—SEPT. 30, 1988 
HIGHWAY SAFETY RESEARCH AND DEVELOPMENT 
(HIGHWAY TRUST FUND) 
For necessary expenses in carrying out the provisions of sections 
307(a) and 403 of title 23, United States Code, to be derived from the 
Highway Trust Fund and to remain available until expended, 
$6,080,000. 
HIGHWAY-RELATED SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For pajnnent of obligations 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, $10,000,000, to be derived from the Highway Trust Fund: 
Provided, That not to exceed $100,000 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 $9,405,000 in fiscal year 1989 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, $7,560,000, of which $5,040,000 shall be derived from the 
Highway Trust Fund. 
FEDERAL-AID HIGHWAYS 
(LIMITATION ON OBUGATIONS) 
(HIGHWAY TRUST FUND) 
23 use 104 
None of the funds in this Act shall be available for the im-
note. 
plementation or execution of programs the obligations for which are 
in excess of $12,000,000,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 1989. 
FEDERAL-AID HIGHWAYS 
(LIQUIDATION OF (CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For carrjring 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, 
$12,700,000,000, or so much thereof as may be available in and 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2133 
derived from the Highway Trust Fund, to remain available until 
expended. 
RIGHT-OF-WAY REVOLVING FUND 
(LIMITATION ON DIRECT LOANS) 
(HIGHWAY TRUST FUND) 
During fiscal year 1989 and with the resources and authority 
available, gross obligations for the principal amount of direct loans 
shall not exceed $46,000,000. 
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), $27,000,000, of which 
$1,920,000 shall remain available until expended. 
MOTOR CARRIER SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For pajonent of obligations incurred in carrying out the provisions 
of section 402 of Public Law 97-424, $50,000,000, 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 $60,000,000 for Motor carrier safety grants". 
ACCESS HIGHWAYS TO PUBUC RECREATION AREAS ON CERTAIN LAKES 
Notwithstanding any other provision of law, there is appropriated 
$1,291,000 for necessary expenses of certain access highway projects, 
as authorized by section 155, title 23, United States Code, to remain 
available until expended. 
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, 
$12,825,000, 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, $8,550,000, to be 
derived from the Highway Trust Fund and to remain available until 
expended. 
102 STAT. 2134 
PUBLIC LAW 100-457—SEPT. 30, 1988 
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, $8,550,000, to 
be derived from the Highway Trust Fund and to remain available 
until expended. 
AIRPORT ACCESS DEMONSTRATION PROJECT 
(HIGHWAY TRUST FUND) 
For necessary expenses to carry out a demonstration project in 
the vicinity of the Ontario International Airport in San Bernardino 
County, California, for the purpose of demonstrating methods of 
improving highway access to an airport that is projected to incur a 
substantial increase in air service, $1,300,000, to remain available 
until expended and to be derived from the Highway Trust Fund. 
HIGHWAY SAFETY IMPROVEMENT DEMONSTRATION PROJECT 
(HIGHWAY TRUST FUND) 
For the purpose of carr3ang 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, as authorized by Public Law 99-500 and 
Public Law 99-591, $1,260,000, to be derived from the Highway 
Trust Fund and to remain available until expended. 
HIGHWAY-RAILROAD GRADE CROSSING SAFETY DEMONSTRATION 
PROJECT 
(HIGHWAY TRUST FUND) 
For the purpose of carrjdng 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 bv Public Law 99-500 and Public Law 99-591, $8,100,000, to 
be derived from the Highway Trust Fund and to remain available 
until expended. 
NUCLEAR WASTE TRANSPORTATION SAFETY DEMONSTRATION PROJECT 
(HIGHWAY TRUST FUND) 
For necessary expenses for a project to construct a relief route in 
the Los Alamc^anta Fe, New Mexico corridor that demonstrates 
methods of improving the safety of transporting nuclear waste by 
constructing an alternate route with specific safety features, 
$3,600,000, to be derived from the Highway Trust Fund and to 
remain available until expended. 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2135 
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. 
BRIDGE IMPROVEMENT DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out a highway 
project in the vicinity of Jacksonville, Florida, for the purpose of 
demonstrating methods of reducing traffic congestion and improving 
efficiency in the trans-shipment of military and civilian cargo by 
construction of a bridge to Blount Island, widening State Highway 
105 (Heckscher Drive) and constructing an interchange at the inter-
section of Heckscher Drive and the new Blount Island Bridge, 
$8,550,000, to remain available until expended. 
HIGHWAY WIDENING AND IMPROVEMENT DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out a highway 
project between Paintsville and Prestonsburg, Kentucky, that dem-
onstrates the safety and economic benefits of widening and improv-
ing highways in mountainous areas, $4,100,000, to remain available 
until expended. 
INTERSECTION SAFETY DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out preliminary 
engineering, environmental studies, and right-of-way acquisition for 
the reconstruction of an intersection at Aviation Boulevard and 
Rosecrans Avenue to include the completion of Douglas Street in the 
vicinity of El Segundo, California, for the purpose of demonstrating 
methods of improved highway and highway safety construction, 
$900,000, to remain available until expended. 
HIGHWAY CAPACITY IMPROVEMENT DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out preliminary 
engineering, environmental studies, and right-of-way acquisition for 
U.S. Route 231 between U.S. Route 90 and the City of Campbellton 
in Jackson County, Florida, for the purpose of demonstrating meth-
ods of expanding a two-lane segment of a U.S. highway to four lanes, 
$900,000, to remain available until expended. 
CuMBiNG LANE SAFETY DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out preliminary 
engineering, environmental studies, and right-of-way acquisition for 
U.S. Route Is in the vicinity of Tioga County, Pennsylvania, for the 
purpose of demonstrating methods of improved highway and high-
way safety construction, $450,000, to remain available until 
expended. 
INDIANA INDUSTRIAL CORRIDOR SAFETY DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out preliminary 
engineering, environmental studies, and right-of-way acquisition for 
102 STAT. 2136 
PUBLIC LAW 100-457—SEPT. 30, 1988 
an improved route between Wabash and Huntington, Indiana, for 
the purpose of demonstrating the safety and economic benefits of 
widening and improving rural highways, $1,000,000, to remain avail-
able until expended. 
UTAH PEDESTRIAN SAFETY DEMONSTRATION PROJECT 
Of the funds made available to the State of Utah by section 149 of 
Public Law 100-17, to remain available until expended, $1,000,000 
shall be available only to carry out preliminary engineering, 
environmental studies, and right-of-way acquisition to widen 8400 
West in Magna, Utah, for the purpose of demonstrating methods of 
improved highway and highway safety construction. 
OKLAHOMA HIGHWAY WIDENING DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out preliminary 
engineering, environmental studies, and right-of-way acquisition to 
widen Oklahoma State Route 53 from Interstate Highway 35 east to 
the entrance of the Ardmore Regional Industrial Airpark for the 
purpose of demonstrating methods of improved highway and high-
way safety construction, $400,000, to remain available until 
expended. 
ALABAMA HIGHWAY BYPASS DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out preliminary 
engineering, environmental studies, and right-of-way acquisition for 
a highway bypass project in the vicinity of Jasper, Alabama, for the 
purpose of demonstrating methods of improved highway and high-
way safety construction, $3,600,000, to remain available until 
expended. 
KENTUCKY BRIDGE DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out preliminary 
engineering, environmental studies, and right-of-way acquisition to 
replace the Glover Gary Bridge in Owensboro, Kentucky, for the 
purpose of demonstrating methods of improved highway and high-
way safety construction, $3,600,000, to remain available until 
expended. 
VIRGINIA H O V SAFETY DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out preliminary 
engineering, environmental studies, and right-of-way acquisition to 
construct High Occupancy Vehicle lanes on Interstate Route 66 
between Interstate Route 495 and U.S. Route 50 for the purpose of 
demonstrating methods of increasing highway capacity and safety 
by the use of highway shoulders to construct HOV lanes, $500,000, 
to remain available until expended. 
URBAN HIGHWAY GORRIDOR DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out preliminary 
engineering, environmental studies, and right-of-way acquisition to 
improve and upgrade the M-59 urban highway corridor in southeast 
Michigan, $225,000, to remain available until expended, for the 
PUBLIC LAW 100-457—SEPT. 30,1988 
102 STAT. 2137 
purpose of demonstrating methods of improving congested urban 
corridors that have been neglected during construction of the Inter-
state system. 
URBAN AIRPORT ACCESS SAFETY DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out preliminary 
engineering, environmental studies, and right-of-way acquisition to 
improve and upgrade access to Detroit Metropolitan Airport in 
southeast Michigan, $225,000, to remain available until expended, 
for the purpose of demonstrating methods of improving access to 
major urban airports. 
CORRIDOR SAFETY IMPROVEMENT PROJECT 
(HIGHWAY TRUST FUND) 
For the purpose of carrying out a demonstration of methods of 
improving vehicular and pedestrian safety on roads on the Federsd-
aid primary and Federal-aid secondary systems, involving Route 1 in 
New Jersey, there is hereby appropriated $28,000,000, to be derived 
from the Highway Trust Fund and to remain available until ex-
pended: Provided, That all funds appropriated under this head shall 
be exempted from any limitation on obligations for Federal-aid 
highways and highway safety construction progreims. 
BRIDGE CAPACITY IMPROVEMENTS 
(HIGHWAY TRUST FUND) 
For the purpose of carrying out the Nashua River Bridge and 
Broad Street Parkway project in Nashua, New Hampshire, that 
crosses the Nashua River, there is hereby appropriated $3,763,000, 
to be derived from the Highway Trust Fund and to remain available 
until expended: Provided, That all funds appropriated under this 
head shall be exempt from any limitation on obligations for Federal-
aid highways and highway safety construction programs. 
CORRIDOR H IMPROVEMENT PROJECT 
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 a bjrpass, on the (Dorridor H 
segment of the Appalachian Highway System, there is hereby appro-
priated $16,000,000, to remain available until expended: Provided, 
That all funds appropriated under this head shall be exempted from 
any limitation on obligations for Feder£il-aid highways and highway 
safety construction programs. 
ROAD BIXTENSION DEMONSTRATION 
For 80 percent of the expenses necessary to provide for the initial 
planning and design of an improved and widened roadway from 
Prairie City, Iowa, to Burlington, Iowa, for the purpose of dem-
onstrating the economic benefits of an improved highway to a 
depressed area, $600,000 is appropriated, to remain available imtU 
expended. 
102 STAT. 2138 
PUBLIC LAW 100-457-SEPT. 30, 1988 
BRIDGE RESTORATION 
For necessary expenses to carry out an historic bridge rehabilita-
tion demonstration project, for the purpose of demonstrating the 
economic and transportation benefits of restoring a previously 
closed historic bridge, $2,000,000, to remain available until ex-
pended, shall be available to the city of Chattanooga, Tennessee, for 
restoration of the Walnut Street Bridge. 
RESERVATION ROAD 
For the purpose of carrying out a demonstration of economic 
growth and development benefits on approximately twenty-nine 
miles of Federal-aid secondary road connecting Interstate 10 and 
State Route 84, there is hereby appropriated $3,500,000 for the 
acquisition of rights-of-way, construction, and other costs incurred 
in the reconstruction of that portion of the road on the Gila Indian 
Reservation and the Maricopa Ak Chin Indian Reservation: Pro-
vided, That no Federal assistance shall be made available to carry 
out the project until: (1) an agreement is reached with the Indian 
Communities for the purchase of the required rights-of-way on the 
two reservations, (2) the road is accepted on the State Highway 
System, (3) not less than 75 percent of the rights-of-way needed for 
that portion of the road outside the reservation boundaries is do-
nated by the landowners, and (4) Maricopa County and Pinal County 
agree to participate financially in the reconstruction of the road. 
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, $67,899,000, 
of which $31,000,000 shall remain available until expended: Pro-
vided, That of the funds available under this head, $2,000,000 shall 
be available to implement the recommendations of the 1985 Na-
tional Academy of Sciences report on trauma research. 
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, 
$30,751,000, to remain available until expended: Provided, That, of 
the funds available under this head, $2,780,000 shall be available for 
light truck and van safety research and analysis. 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2139 
HIGHWAY TRAFFIC SAFETY GRANTS 
(LIQUIDATION OF CJONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For payment 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, $130,500,000, 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 
prc^rams the total obligations for wMch are in excess of 
$115,000,000 in fiscal year 1989 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 ofRce 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 $11,000,000 for "Alcohol safety incentive grants" 
authorized under 23 U.S.C. 408: Provided further. That not to exceed 
$4,850,000 shall 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 prc^rams 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 1989. 
FEDERAL RAILROAD ADMINISTRATION 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Federal Railroad Administration, 
not otherwise provided for, $14,975,000, of which $2,875,000 shall 
remain available imtil 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 imder section 211(a) or 211(h) of 
the R^onal Rail Reorganization Act of 1973, as amended, shall be 
made: Provided, That, as part of the Washington Union Station 40 use 817 note. 
transaction the Secretary shall assume 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 Septem-
ber 30, 1988, the Secretary is authorized to receive such payments 
directly from the Union Station Redevelopment Corporation, 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 an additional amount of $10,000,000, of which 
$4,000,000 shall be derived from unobligated balances of "Grants to 
the National Railroad Passenger Corporation", is hereby made 
available only for the purpose of purchasing title to Washington 
Union Station as authorizeid by the Union Station Redevelopment 
Act of 1981. 
102 STAT. 2140 
PUBLIC LAW 100-457—SEPT. 30, 1988 
RAILROAD SAFETY 
For necessary expenses in connection with railroad safety, not 
otherwise provided for, $27,825,000, of which $1,140,000 shall remain 
available until expended. 
RAILROAD RESEARCH AND DEVELOPMENT 
For necessary expenses for railroad research and development, 
$9,286,000, to remain available until expended. 
NORTHEAST Ck)RRiDOR 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, $19,600,000, 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 Corpjoration for operating losses in-
curred by the Corporation, capital improvements, and labor protec-
tion costs authorized by 45 U.S.C. 565, to remain available until 
expended, $584,000,000: Provided, That none of the funds herein 
appropriated 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 lease of passenger motor vehicles for those officers or employees 
while in official travel status: Provided further. That the Secretary 
shall make no commitments to guarantee new loans or loans for 
new purposes under 45 U.S.C. 602 in fiscal year 1989: Provided 
further. That the incurring of any obligation or commitment by the 
Corporation for the purchase of capital improvements prohibited by 
this Act or not expressly provided for in an appropriations Act shall 
be deemed a violation of 31 U.S.C. 1341: 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 none of the 
funds in this or any other Act shall be made available to finance the 
rehabilitation and other improvements (including upgrading track 
and the signal system, ensuring safety at public and private high-
way and pedestrian crossings by improving signals or eliminating 
such crossings, and the improvement of operational portions of 
stations related to intercity rail passenger service) on the main line 
track between Atlantic City, New Jersey, 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-Federal sources: 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 80 per centum 
of the short-term avoidable costs of operating such service in the 
first year of operation and 100 per centum of the short-term avoid-
able operating costs for each year thereafter: Provided further. That 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2141 
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 necessary to facilitate improved rail passenger service, 
between Spuyten Duyvil, 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. 
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 as 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 1989: Provided further, That, notwithstanding any other 
provision of law, the Secretary of Transportation shall sell securities 
or promissory notes with a principal value of at least $99,000,000 
that are held by the Department of Transportation under authority 
of sections 502, 505-507, 509, and 511-513 of the Railroad Revitaliza-
tion and Regulatory Reform Act of 1976 (Public Law 94-210), as 
amended, by no later than September 30, 1989: Provided 
further. 
That such securities or promissory notes authorized to be sold in the 
immediately preceding proviso shall be sold only for amounts 
greater than or equal to the net present value to the (Jovernment of 
each loan as determined by the Secretary of Transportation in 
consultation with the Secretary of the Treasury: Provided further. 
That the Secretary of Transportation shall transmit a written cer-
tification to the Committees on Appropriations of the Senate and 
House of Representatives before the consummation of each sale 
certifying that the amount to be realized is equal to or greater than 
the net present value to the Grovemment of each loan: 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 domestic discretionary outlay 
offsets and not as "asset sales" or "loan prepayments" as defined by 
section 257(12) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended: Provided further. That any underwrit-
ing fees and related expenses shall be derived solely from the 
proceeds of the sales. 
CoNRAiL COMMUTER TRANSITION ASSISTANCE 
For necessary capital expenses of Conrail commuter transition 
assistance, not otherwise provided for, $4,500,000, to remain avail-
able until expended. 
102 STAT. 2142 
PUBLIC LAW 100-457—SEPT. 30, 1988 
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 
peissenger motor vehicles and services as authorized by 5 U.S.C. 
3109, $31,882,000 of which not to exceed $600,000 shall be available 
for the Office of the Administrator. 
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, $10,000,000: 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. 
FORMULA GRANTS 
For necessary expenses to carry out the provisions of sections 9 
and 18 of the Urban Mass Transportation Act of 1964, as amended 
(49 U.S.C. 1601 et seq.), $1,600,000,000, together with $5,000,000 to 
carry out the provisions of section 18(h) of the Urban Mass 
Transportation Act of 1964, as amended, to remain available until 
expended: Provided, That, notwithstanding any other provision of 
law, of the funds provided under this Act for formula grants, no 
more than $804,691,892 may be used for operating assistance under 
section 9(k)(2) of the Urban Mass Transportation Act of 1964, as 
amended: Provided further, That, notwithstanding any other provi-
sion of law, before apportionment of these funds, $18,000,000 shall 
be made available for the purposes of section 18 of the Urban Mass 
Transportation Act of 1964, as amended. 
DISCRETIONARY GRANTS 
(LIMITATION ON OBUGATIONS) 
(HIGHWAY TRUST FUND) 
None of the funds in this Act shall be available for the im-
plementation or execution of programs in excess of $1,140,000,000 in 
fiscal year 1989 for grants under the contract authority authorized 
in section 21(aX2) and (b) of the Urban Mass Transportation Act of 
1964, as amended (49 U.S.C. 1601 et seq.). 
MASS TRANSIT CAPITAL FUND 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrsdng out section 
21(aX2) and (b) of the Urban Mass Transportation Act of 1964, as 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2143 
amended (49 U.S.C. 1601 et seq.), administered by the Urban Mass 
Transportation Administration, $400,000,000, 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(eX4) related to transit projects, $2,000,000,000, to remain avail-
able imtil expended. 
WASHINGTON METRO 
For necessary expenses to carry out the provisions of section 14 of 
PubUc Law 96-184, $168,000,000, to remain avaUable until ex-
pended. 
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION 
The Saint Lawrence Seaway Development Corporation is hereby Contracts. 
authorized to make such expenditures, within the limits of fun^ 
and borrowing authority avaUable 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 Ck)rporation Control Act, as amended, as may be nec-
essary in carrying out the prc^ams set forth in the Corporation's 
budget for the current fiscal year. 
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, $11,100,000, 
to be derived from the Harbor Maintenance Trust Fund, pursuant to 
PubUc Law 99-662., 
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION 
RESEARCH AND SPECIAL PROGRAMS 
For expenses necessary to discharge the functions of the Research 
and Special Programs Administration, and for expenses for conduct-
ing research and development, $14,800,000, of which $1,650,000 shall 
remain available until expended: 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 and for aviation information 
management. 
PIPELINE SAFETY 
(PiPEUNE SAFETY FUND) 
For expenses necessary to conduct the functions of the pipeline 
safety p n ^ a m and for grants-in-aid to carry out a pipeline safety 
pit^ram, as authorized by section 5 of the Natural Gas Pipeline 
Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 
102 STAT. 2144 
PUBLIC LAW 100-457—SEPT. 30, 1988 
1979, $9,300,000, to be derived from the Pipeline Safety Fund, of 
which $5,125,000 shall remain available until expended. 
OFFICE OF THE INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Inspector (Jeneral in 
carrying out the provisions of the Inspector General Act of 1978, 
$29,000,000. 
TITLE II—RELATED AGENCIES 
ARCHITECTURAL AND TRANSPORTATION BARRIERS 
COMPLIANCE BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended, $1,891,000. 
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), $25,360,000, of which not to exceed $500 may be used for 
official reception and representation expenses. 
INTERSTATE COMMERCE COMMISSION 
SALARIES A
N
D EXPENSES 
For necessary expenses of the Interstate Commerce Commission, 
including services as authorized by 5 U.S.C. 3109, and not to exceed 
$1,500 for 
official 
reception 
and 
representation 
expenses, 
49 use 10344 
$43,115,000: Provided, That joint board members and cooperating 
"°*®- 
State commissioners may use Grovernment transportation requests 
when traveling in connection with their official duties as such. 
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. 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2145 
PANAMA CANAL COMMISSION 
PANAMA CANAL REVOLVING FUND 
For administrative expenses of the Panama Canal Commission, 
including not to exceed $10,000 for official reception and representa-
tion expenses of the Board; not to exceed $4,000 for official reception 
and representation expenses of the Secretary; and not to exceed 
$25,000 for. official reception and representation expenses of the 
Administrator, $50,287,000, 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 $436,548,000 in 
fiscal year 1989: 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 $15,000 per vehicle). 
DEPARTMENT 
OF 
THE 
TREASURY 
REBATE OF SAINT LAWRENCE SEAWAY TOLLS 
(HARBOR MAINTENANCE 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, 
$10,700,000, to remain available until expended and to be derived 
from the Harbor Maintenance Trust Fund, of which not to exceed 
$300,000 shall be available for expenses of administering the 
rebates. 
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 
Agreement. 
TITLE III—GENERAL PROVISIONS 
(INCLUDING TRANSFER OF FUNDS AND RESCISSION) 
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 section 3679 of the Revised Statutes, as 
amended (31 U.S.C. 1341), to the extent necessary to permit payment 
of such pay increases for officers or employees as may be authorized 
102 STAT. 2146 
PUBLIC LAW 100-457—SEPT. 30, 1988 
20 u s e 241 note. 
Contracts. 
Records. 
Public 
information. 
Highways. 
State and local 
governments. 
23 u s e 104 note. 
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 
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. 
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 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. 
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 1989 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, 1988, 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 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2147 
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 
Dan Ryan Expressway. 
(c) Notwithstanding subsections (a) and Ot)), 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(bX5XA) of title 23, United States Code; 
(2) after August 1, 1989, 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 
expenses, the Federal lands highway program, the strategic 
highway research program and amounts made available under 
sections 149(d), 158,159,164,165, and 167 of Public Law 100-17. 
(d) The limitation on obligations for Federal-aid highways and 
highway safety construction programs for fiscal year 1989 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 Qo) and (j) of Public Law 
97-424, section 118 of the Nationeil Visitors Center Facilities Act of 
1968, section 320 of title 23, United States Code; projects authorized 
by Public Law 99-500, Public Law 99-591 and Public Law 100-202; 
or projects covered under subsections 149 Qo) and (c) of Public Law 
100-17. 
(e) Subject to paragraph (cX2) of this General Provision, a State 
which after August 1 and on or before September 30 of fiscal year 
1989 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 30,1989, 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(eX4) 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, 1989, 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— 
102 STAT. 2148 
PUBLIC LAW 100-457—SEPT. 30, 1988 
Michigan. 
Grants. 
49 u s e app. 1617 
note. 
Michigan. 
Reports. 
49 u s e 308 note. 
(1) under sections 104, 130, 144, and 152 of title 23, United 
States Code, and 
(2) for highway assistance projects under section 103(eX4) of 
such title, 
which would not be obligated in fiscal year 1989 if the total amount 
of the obligation limitation provided for such fiscal year in this Act 
were utilized. 
(g) Parsigraph (e) shall not apply to any State which on or after 
August 1, 1989, has the amount distributed to such State under 
paragraph (a) for fiscal year 1989 reduced under paragraph (cX2). 
SEC. 311. None of the funds in this Act shall be available for 
salaries and expenses of more than one hundred twenty political 
and Presidential appointees in the Department of Transportation. 
SEC. 312. Not to exceed $276,000 of the funds provided in this Act 
for the Department of Transportation shall be available for the 
necessary expenses of advisory committees. 
SEC. 313. None of the funds in this or any other Act shall be made 
available for the proposed Woodward light rail line in the Detroit, 
Michigan area until a source of operating funds has been approved 
in accordance with Michigan law: Provided, That this limitation 
shall not apply to alternatives analysis studies under section 21(aX2) 
of the Urban Mass Transportation Act of 1964, as amended. 
SEC. 314. The limitation on obligations for the Discretionary 
Grants program of the Urban Mass Transportation Administration 
shall not apply to any authority under section 21(aX2) of the Urban 
Mass Transportation Act of 1964, as amended, previously made 
avEiilable for obligation. 
SEC. 315. Notwithstanding any other provision of law, none of the 
funds in this Act shall be available for the construction of, or any 
other costs related to, the Central Automated Transit System 
(Downtown People Mover) in Detroit, Michigan. 
SEC. 316. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code. 
SEC. 317. (a) SAFETY ENFORCEMENT PROGRAM PERFORMANCE.—The 
Secretary of Transportation shall on or before January 1 of each 
year transmit to the Congress a comprehensive repiort on the Fed-
eral Aviation Administration's prior fiscal year safety enforcement 
activities. The report shsdl include: 
(1) a comparison of end-of-year staffing levels by inspector 
category (operations, maintenance, avionics) to staffing goals 
and a statement as to how staffing standards were applied to 
make allocations between air carrier and general aviation oper-
ations, maintenance and avionics inspectors; 
(2) schedules showing the range of inspector experience by 
various inspector work force categories, and the number of 
inspectors in each of the categories who are considered fully 
qualified; 
(3) schedules showing the number and percentage of inspec-
tors who have received mandatory training by individual 
course, and the number of inspectors, by work force categories, 
who have received all mandatory training; 
(4) a description of the criteria used to set annual work 
programs, an explanation of how these criteria differ from 
criteria used in the prior fiscsil year and how the annual work 
programs ensure compliance with appropriate Federal r^ula-
tions and safe operating practices; 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2149 
(5) a comparison of actusd inspections performed during the 
fiscal year to the annual work programs disaggregated to the 
field locations and, for any field location completing less than 80 
percent of its planned number of inspections, an explanation as 
to why annual work program plans were not met; 
(6) a statement of the adequacy of Federal Aviation Adminis-
tration internal management controls available to ensure that 
field managers are compl}dng with Federal Aviation Adminis-
tration policies and procedures including those regarding 
inspector priorities, oistrict office coorc&ation, minimum 
inspection standards, and inspection foUowup; 
(7) the status of the Federal Aviation Administration's efforts 
to update inspector guidance documents and Federal r^ula-
tions to include technological, management, and structural 
changes taking place within the aviation industry, including a 
listing of the backlog of all proposed regulatory changes; 
(8) a list of the specific operational measures of efiective-
ness—"best proxies 
standing between the ultimate goal of 
accident prevention and ongoing program activities—that are 
being used to evaluate progress in meeting prc^am objectives, 
the quality of program delivery, and the nature of emerging 
safety problems; 
(9) a schedule showing the number of civil penalty cases 
closed during the two prior fiscal years, including total initial 
assessments, total final assessments, total dollar amount col-
lected, range of dollar amount collected, average case processing 
time, and range of case processing time; 
(10) a schedule showing the number of enforcement actions 
taken, excluding civil penalties, during the two prior fiscal 
years, including total number of violations cited, and the 
number of cited violation cases closed by certificate suspension, 
certification revocations, warnings, and no action taken; and 
(11) schedules showing the aviation industry's safety record 
during the fiscal year for air carriers and general aviation, 
including the number of inspections performed where defi-
ciencies were identified compared with inspections where no 
deficiencies were found and the frequency of safety deficiencies 
per carrier as well as an analysis based on the data of the 
general status of air carrier and general aviation compliance 
with Federal Aviation Regulations. 
(b) LONG-RANGE NATIONAL TRANSPORTATION STRATEGIC PLANNING 
STUDY.—The Department of Transportation shall undertake a long-
range, multi-modal national transportation strategic planning 
study. This study shall forecast long-term needs and costs for devel-
oping and maintaining facilities and services to achieve a desired 
national transportation program for moving people and goods in the 
year 2015. The study shall include detailed analyses of transpor-
tation needs within six to nine metropolitan areas that have diverse 
population, development, and dem(^8^hic patterns, including at 
least one interstate metropolitan area. This study shall be submitted 
to Congress on or before CKctober 1,1989. 
SEC. 318. Within seven calendar days of the obligation date, the 
Urban Mass Transportetion Administration 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. 
49 u s e 301 note. 
Federal 
Register, 
publication. 
Grants. 
19-194 O—91—Part 3 
3 : QL 3 
102 STAT. 2150 
PUBLIC LAW 100-457—SEPT. 30, 1988 
SEC. 319. None of the funds appropriated in this Act may be used 
to prescribe, implement, or enforce a national policy specifying that 
only a single type of visual glideslope indicator can be funded under 
the facilities and equipment account or through the airport improve-
ment program: Provided, That this prohibition shall not apply in the 
case of airports that are certified under part 139 of the Federal 
Aviation Regulations. 
Contracts. 
SEC. 320. Notwithstanding any other provision of law, funds 
Loans. 
appropriated in this or any other Act intended for studies, reports, 
or research, and related costs thereof including necessary capital 
expenses, are available for such purposes to be conducted through 
contracts or financial assistance agreements with the educational 
institutions that are specified in such Acts or in any report accom-
panying such Acts. 
SEC. 321. 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(bX5XB) 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. 322. (a) Notwithstanding any provision of this or any other 
law, none of the funds provided by this Act for appropriation shall 
be available for payment to the General Services Administration for 
rental space and services at rates per square foot in excess of 102 
percent of the rates paid during fiscal year 1988; nor shall this or 
any other provision of law require a reduction in the level of rental 
space or services below that of fiscal year 1988 or prohibit an 
expansion of rental space or services with the use of funds otherwise 
appropriated in this Act. 
(b) Notwithstanding any other provision of law, fiscal year 1989 
obligations and outlays of "General Services Administration, Fed-
eral Buildings Fund" are reduced by an amount equal to the reve-
nue reduction to such Fund pursuant to subsection (a). 
West Virginia. 
SEC. 323. Notwithstanding any other provision of law, section 
144(gX2) of title 23, United States Code, shall not apply to the 
Virginia Street Bridge in Charleston, West Virginia. 
23 use 130 note. 
SEC. 324. Notwithstanding any other provision of law, the Sec-
retary shall make available $250,000 per year for a national public 
information program to educate the public of the inherent hazard at 
railway-highway crossings. Such funds shall be made available out 
of funds authorized to be appropriated out of the Highway Trust 
Fund, pursuant to section 130 of title 23, United States Code. 
33 use 59x. 
SEC. 325. (a) The waters described in subsection ft)) are declared to 
be nonnavigable waters of the United States for purposes of the 
General Bridge Act of 1946 (33 U.S.C. 525 et seq.). 
(b) The waters referred to in subsection (a) are a drainage canal 
which— 
New Jersey. 
(1) is an unnamed tributary of the creek known as Newton 
Creek, located at block 641 (formerly designated as block 860) in 
the city of Camden, New Jersey; 
(2) originates at the north bank of Newton Creek approxi-
mately 1,200 feet east of the confluence of Newton Creek and 
the Delaware River; and 
(3) terminates at drainage culverts on the west side of Inter-
state Highway 676. 
SEC. 326. TEXAS TOLL ROAD PILOT PROGRAM.—Section 129(j) of title 
23, United States Code, is amended— 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2151 
(1) in paragraph (6) by inserting "(and, in the case of the State 
of Texas, the Texas Turnpike Authority)" after "State highway 
department"; and 
(2) by adding at the end of such section the following new 
paragraph: 
"(10) SPECIAL RULE FOR FUNDING OF TEXAS PROJECT.—Upon 
request of the Texas Department of Highways and Public 
Transportation and subject to such terms and conditions as such 
Department and the Texas Turnpike Authority may agree, the 
Secretary shall reimburse the Texas Turnpike Authority for the 
Federal share of the costs of construction of the project carried 
out in the State of Texas imder this subsection in the same 
manner and to the same extent as such Department would be 
reimbursed if such project was being carried out by such 
Department. The reimbursement of funds under this paragraph 
shall be from sums apportioned to the State of TexEis under this 
chapter and available for obligation on projects on the Federal-
aid primary sj^tem in such State.". 
SEC. 327. 
(a) 
INTERNATIONAL 
ZARAGOSA BRIDGE.—For 50 
per 
centum of the total expenses necessary to construct the Inter-
national Zaragosa Bridge in El Paso, Texas, $3,000,000 is hereby 
appropriated to remain available until expended: Provided, That, 
notwithstanding any other provision of law, the Secretary shall 
make these funds available to the City of El Paso to pay for 100 per 
centum of the cost of the United States portion of the bridge, the 
construction of which shall be carried out in the same manner as 
other similar Federal-aid highway projects: Provided further. That 
funds appropriated under this section shall not be available until an 
agreement has been reached between all involved entities to repay 
the United States Treasury over a 30-year time period for the 
amount appropriated herein, plus interest, out of any tolls collected, 
(b) RESCISSION.—Notwithstanding any other provision of law, 
there is hereby rescinded, effective October 1,1988, $3,000,000 of the 
funds apportioned to the State of Texas pursuant to section 157 of 
title 23, United States (Ik)de: Provided, That this rescission shall 
have no effect on any takedowns or limitations already made from 
these funds. 
SEC. 329. This section shall expire on December 31,1990. Notwith-
standing any other provision of law, none of the funds provided by 
this Act or any previous or subsequent Act shall be used to plan, 
design, construct, or approve an interchange or any other highway 
facility providing access to or from 1-66 between the existing United 
States Route 29 interchange at Gainesville (1-66 exit numbered 10) 
and the existing Route 234 interchange (1-66 exit nimibered 11); nor 
shall any funds provided by this Act or any previous or subsequent 
Act be i^ed to plan, design, construct, or approve an interchange or 
any other highway facility providing access to or from United States 
Route 29 between the existing 1-66 interchange at Gainesville (1-66 
exit numbered 10) and the existing Route 234 intersection; nor shall 
any funds provided by this Act or any previous or subsequent Act be 
used to plan, design, construct, or approve an interchange or any 
other highway facility that provides access to or from adjacent 
properties and the proposed Route 234 B}rpass between 1-66 and 
United States Route 29: Provided, That this section shall not apply 
to the use of Federal funds necessary to make safety-related 
improvements to existing roads. 
Effective date. 
Termination 
date. 
Highways. 
102 STAT. 2152 
PUBLIC LAW 100-457—SEPT. 30, 1988 
SEC. 330. (a) UMTA CHARTER SERVICE RULE.—Notwithstanding 
any other provision of law or regulation, the Urban Mass Transpor-
tation Administration charter service rule (49 CFR Part 604— 
charter service) and any subsequent Federal regulations governing 
charter service shall not apply to the Long Beach Public Transpor-
tation Company. 
0)) ALABAMA FEASIBILITY STUDY.—For expenses necessary to carry 
out the Alabama Feasibility Study as authorized by section 350 of 
the Department of Transportation and Related Agencies Appropria-
tions Act, 1988, Public Law 100-202, as amended, $675,000, to 
remain available until expended: Provided, That section 350(b) of 
101 Stat. 
such Act is amended by adding the following new sentence: "Such 
1329-389. 
study shall include environmental assessment, economic analysis, 
and engineering.": Provided further. That section 350(d) of such Act 
is amended by striking out "1 year" and inserting in lieu thereof "2 
years". 
(c) EXPRESSWAY SAFETY IMPROVEMENT DEMONSTRATION PROJECT.— 
For 80 percent of the expenses necessary to carry out preliminary 
engineering, environmental studies, and right-of-way acquisition to 
improve an interstate highway between Lake Success and Medford, 
New York, that demonstrates methods of enhancing safety and 
reducing motor vehicle congestion through widening, $2,600,000, to 
remain available until expended. 
(d) 
MASS TRANSIT CAPITAL FUND (LIQUIDATION OF CONTRACT 
AUTHORIZATION) 
(HIGHWAY 
TRUST FUND).—Funds appropriated 
under this heading in the Department of Transportation and 
Related Agencies Appropriations Act, 1988, shall be available for 
gayment of obligations incurred in carrying out section 317(b) of the 
urface Transportation and Uniform Relocation Assistance Act of 
1987. 
SEC. 331. (a) Of the funds made available under "Discretionary 
Grants" for fiscal year 1989 the Secretary of Transportation shall, 
on or before January 1, 1989, transfer $7,000,000 from the Urban 
Mass Transportation Administration to the Federal Highway 
Administration to cover the cost of the Federal share of the transit 
element of the Acosta Bridge replacement project in Jacksonville, 
Florida: Provided, That none of these funds shall be obligated until 
the Jacksonville Transportation Authority commits to the Secretary 
in writing that it will repay to the Urban Mass Transportation 
Administration the amount of Federal funds transferred by this 
section if the Automated Skjrway Express project is not extended 
across the Acosta Bridge for reasons other than the availability of 
sufQcient Federal discretionary grants: Provided further. That the 
Jacksonville Transportation Authority's obligation to repay these 
funds shall not require any compensatory adjustment to previous or 
future apportionments made available to Jacksonville under "For-
mula Grants". 
Contracts. 
(b) The Secretary of Transportation shall enter into negotiations 
Grants. 
^ t h the Jacksonville Transportation Authority to revise the exist-
ing full funding contract to provide for the expeditious release of 
$1,800,000 made available from "Discretionary Grants" for the 
Automated Skyway Express project in fiscal year 1985 (House 
Report 98-1159) and $4,000,000 made available from "Discretionary 
Grants" for such project in Hscal year 1988 (House Report 100-498) 
with no compensatory a4justment to previous or future apportion-
ments made available to Jacksonville under "Formula Grants": 
Provided, That the revised contract will provide for the completion 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2153 
of the 2.5 mile Automated Skyway Express project and will cover 
full project costs for completion of the project including Federal 
financial participation consisting of "Discretionary Grants as made 
available by Congress: Provided further, That the Secretary shall 
commence negotiations with the Jacksonville Transportation 
Authority to enter into such revised contract no later than 30 days 
after enactment and shall conclude such negotiations no later than 
90 days after enactment of this section. 
SEC. 332. (a) The Federal Aviation Administration shall satisfy the 
following air traffic controller work force staffing requirements by 
September 30,1989: 
(1) total air traffic controller work force level of not less than 
16,800; 
(2) total full performance level air traffic controllers of not 
less than 10,832; and 
(3) at least 70 percent of the air traffic controller work force, 
at each center and level 3 and above terminal shall have 
achieved operational controller status. 
O
f
c
>
) The Secretary may waive any requirement of this section by 
certifying that such requirement would adversely affect aviation 
safety: Provided, That such a waiver shall become effective 30 days 
after the Committees on Appropriations of the Senate and the 
House of Representatives are notified in writing of the Secretary's 
intention to waive and reasons for waiving such requirement. 
SEC. 333. Notwithstanding any other provision of law, the Sec-
retary 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 appro-
priations Acts, at times and in a manner determined by the Sec-
retary to be appropriate, and claim for such compensation shall not 
arise except in accordance with this provision. 
SEC. 334. 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 House of Representatives; 
the Committee on Commerce, Science, and Transportation of the 
Senate; and the Committee on Public Works and Transportation of 
the House of Representatives. 
SEC. 335. Section 347(d) of Public Law 100-202 is amended by 
striking out "(8)" each place it appears and inserting in lieu thereof 
"(9)" and by striking out "State of Georgia" and inserting in lieu 
thereof "States of Georgia and West Virginia". 
SEC. 336. Section 501(c) of the Rail Passenger Service Act (45 
U.S.C. 581(c)) is amended by adding at the end thereof the following 
new paragraph: 
"(5) Notwithstanding any other provision of law, any commuter 
authority that could have contracted with Amtrak Commuter for 
the provision of commuter service but which elected to operate 
directly its own commuter service as of January 1, 1983, shall be 
exempt from the payment of any taxes or other fees to the same 
extent as the Corporation is exempt. Such exemption shall be 
effective as of October 1,1981.". 
49 u s e app. 1348 
note. 
49 u s e app. 2212 
note. 
Georgia. 
West Virginia. 
23 u s e 129. 
Railroads. 
Taxes. 
Effective date. 
102 STAT. 2154 
PUBLIC LAW 100-457—SEPT. 30, 1988 
Railroads. 
Nevada. 
New Jersey. 
Grants. 
Grants. 
SEC. 337. Notwithstanding any other provision of law, when a 
commuter rail service has been suspended for safety reasons, and 
when a statewide or regional agency or instrumentality commits to 
restoring such service by the end of 1989, and when the improve-
ments needed to restore such service are funded without Urban 
Mass Transportation Administration funding, the directional route 
miles of such service shall be included in the 1988 Section 15 Report 
as well as subsequent years. If such service is not restored by the 
end of 1989, the money received as a result of the inclusion of the 
directional route miles shall be returned to the disbursing agency, 
the Urban Mass Transportation Administration. 
SEC. 338. Notwithstianding any other provision of law, discre-
tionary bridge funds allocated by the Secretary of Transportation 
for the Main Avenue Bridge in Cleveland, Ohio for fiscal year 1989 
and each fiscal year thereafter shall not be included in any calcula-
tions made under section 157 of title 23, United States Code. 
SEC. 339. Notwithstanding any other provision of law, the Sec-
retary of Transportation shall grant a request by respective local 
officials to redesignate funds authorized by section 149(aX105) of 
Public Law 100-17 to carry out a project in the City of Las Vegas to 
construct interchanges at Craig Road and U.S. 95 and. Lake Mead 
Boulevard and U.S. 95, the Oran Gragson Expressway, and Chey-
enne Avenue and U.S. 95; as well as grade separations at Vegas 
Drive and U.S. 95 and Smoke Ranch Road and U.S. 95. 
SEC. 340. For the purpose of carr5dng out emergency repairs to 
airports sustaining storm-related damage, $100,000, to be derived 
from the Airport and Airway Trust Fund and to remain available 
until expended, to be disbursed by the Secretary of Transportation 
pursuant to the Federal Grant and Cooperative Agreement Act of 
1977: Provided, That in no event shall the total Federal share 
provided for such repairs exceed 50 per centum of the total cost of 
such repairs. 
SEC. 341. The Secretary of Transportation is authorized to transfer 
appropriated funds under "Office of the Secretary, Salaries and 
expenses": Provided, That no appropriation shall be increased or 
decreased by more than 2 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. 342. Such sums as may be necessary for fiscal year 1989 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act. 
SEC. 343. Notwithstanding any other provision of law, the Sec-
retary of the department in which the Coast Guard is operating is 
authorized to transfer without consideration all rights, title, and 
interest of the United States in six and one-half acres of land, as 
determined by survey to be paid for by transferees, and improve-
ments thereon, which comprise what is known as Station Gloucester 
City to City of Gloucester City, New Jersey. 
SEC. 344. For the purpose of making grants under section 3 of the 
Urban Mass Transportation Act of 1964, as amended, the require-
ments of section 3(aX2XAXii) shall not apply to the Caltrain project 
specified in House Report 100-691, and the Urban Mass Tremspor-
tation Administration shall release the amounts for that project. 
SEC. 345. (a) WISCONSIN RAIL SERVICE.—There is hereby appro-
priated $6,000,000 for a grant by the Secretary of Transportation to 
the Soo Line Railroad Company to be available only for construc-
tion, rehabilitation, renewal, replacement, or other improvements to 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2155 
maintain railroad passenger service between La Crosse and Milwau-
kee, Wisconsin: Provided, That the Soo Line Railroad Company 
match on a doUar-for-dollar basis the monies hereby appropriated 
with funds not already planned to be committed relative to the 1989 
construction season: Provided further. That the monies hereby 
appropriated shall be made available within 30 days of the presen-
tation to the Secretary by the Soo Line Railroad Company of 
sufficient evidence of the availability of matching funds that are 
beyond those planned to be spent relative to the 1989 construction 
season: Provided further, That these Federal funds sh^dl be made 
available on a monthly basis that is as close to conformance to a 
doUar-for-doUar matching arrangement as is possible. 
(b) SAN JOAQUIN VALLEY RAIL SERVICE.—(1) Within 15 days of 
California. 
receiving adequate assurance that all necessary capital funding will 
be provided from a non-Amtrak source, the Nationsil Railroad Pas-
senger Corporation shall submit an application to the Secretary of 
Transportation under the authority of section 402(g) of the Rail 
Passenger Service Act (45 U.S.C. 562) to order the operation of rail 
passenger service between Fresno £md Stockton, California, over the 
rail lines of the Southern Pacific Railroad or its successors. Such 
application shall provide for rail service that is operated at the 
m£iximum legally permissible passenger train speeds in accordance 
with Federal Railroad Administration track safety standards based 
on the existing physical condition of the rail line. 
(2) Notwithstanding any other provision of law, the Secretary of 
Transportation shall approve such application within 30 days of its 
receipt, and is authorized to amend the terms and conditions pro-
posed in such application only for reasons of public safety. 
(3) Notwithstanding any other provision of law, in the event the 
Interstate Commerce Commission receives an application to affix 
appropriate terms and conditions for the provision of this rail 
service under the authority of section 402(a) of the Rail Passenger 
Service Act, the Commission shall make a final determination on 
such application within 30 days of its receipt. 
SEC. 346. Sections 1601 (aX8) and 03X3) of the Federal Aviation Act 
of 1958 (49 App. U.S.C. 1551 (aX8) and (bX3)) and section 4(c) of the 
Civil Aeronautics Board Sunset Act of 1984 (Public Law 98-443), are 
49 use app. 
each amended by striking out "January 1, 1989" wherever it 
1553. 
appears and inserting in lieu thereof "January 1,1999". 
SEC 347. (a) Notwithstanding any other provision of this Act, no 
department, agency, or instrumentality of the United States 
Government receiving appropriated funds under this Act for fiscal 
year 1989, shall, during fiscal year 1989, obligate and expend funds 
for non-safety-related consulting services involving management 
and professional services; special studies and analyses; technical 
assistance; and management review of program funded organiza-
tions; in excess of an amount equal to 85 percent of the amount 
obligated and expended by such department, agency, or instrumen-
tality for such services during fiscal year 1987. 
(b) The Director of the Office of Management and Budget shall 
take such action as may be necessary, through budget instructions 
or otherwise, to direct each department, agency, and instrumental-
ity of the United States Government receiving funds under this Act 
to comply with the provisions of section 1114 of title 31, United 
States Code. 
(c) Notwithstanding any other provision of this Act, the aggregate 
amount of funds appropriated by this Act to any such department. 
102 STAT. 2156 
PUBLIC LAW 100-457—SEPT. 30, 1988 
Highways. 
Aircraft and 
air carriers. 
Regulations. 
Reports. 
agency, or instrumentality for fiscal year 1989 is reduced by an 
amount equal to 15 percent of the amount expended by such depart-
ment, agency, or instrumentality during fiscal year 1987 for 
purposes described under subsection (a). 
(d) As used in this section, the term "consulting services" includes 
any service within the definition of "Advisory and Assistance Serv-
ices" in Office of Management and Budget Circular A-120, dated 
January 4,1988. 
SEC. 348. Section 139 of the Highway Improvement Act of 1982 (23 
U.S.C. 101 note) is amended by adding at the end thereof the 
following new subsection: 
"(c) Notwithstanding any other provision of this section or of any 
other provision of law, any project involving the relocation of any 
Interstate route or segment that is approved by the Secretary of 
Transportation under subsection (a) shall be eligible for discre-
tionary funds made available under section 118(bX2XB) of title 23, 
United States Code.". 
SEC. 349. Not later than 90 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
institute a rulemaking proceeding to consider the need for changes 
to the existing regulation concerning the allocation and transfer of 
"slots" held by air carriers and commuter operators at each of the 
four airports covered by the final rule regarding Slot Allocation and 
Transfer Methods at High Density Traffic Airports, published in the 
Federal Register on December 20, 1985. Included among the issues 
that shall be considered in this proceeding are (1) the overall effect 
of the existing buy-sell regulation upon new entry or limited incum-
bents at these four airports, (2) the effects of the recently-approved 
mergers and acquisitions upon the operation of the buy/sell pro-
gram at these airports, (3) the competitive and fare implications of 
the utilization of slots for providing services to and from hub 
airports and on monopoly routes, (4) the effect of short-term leases of 
slots upon the ability of new entrants or limited incumbents to 
purchase slots at these airports, (5) the effect of the use of air carrier 
slots by commuter operators upon entry by air carriers at these 
airports, and (6) the variation in prices paid for slots since adoption 
of the buy/sell program. The Administrator shall take final action 
in this proceeding, including the promulgation of any resulting final 
regulations, not later than 270 days after the date of enactment of 
this Act. 
SEC. 350. Notwithstanding any other provision of this Act, no 
funds appropriated to the Department of Transportation or the 
United States Coast Guard by this Act shall be used to carry out the 
closing of any search and rescue operation of the United States 
Coast Guard until after the expiration of the 90-day period following 
the date on which the Comptroller General of the United States 
reports to the Congress the results of his evaluation of the criteria 
used by the United States Coast Guard in determining whether or 
not to close out or curtail such operations, and his recommendations 
with respect thereto. 
SEC. 351. Notwithstanding sections 141(a) and 154 of title 23, 
United States Code, none of the funds in this or any previous or 
subsequent Act shall be used for the purpose of reducing or reserv-
ing 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 non-compliance with the criteria of that subsection during 
fiscal years 1986, 1987, and 1988. The Secretary shall promptly 
PUBLIC LAW 100-457—SEPT. 30, 1988 
102 STAT. 2157 
restore any apportionments which, prior to enactment of this Act, 
were reduced or reserved from obligation for reason of non-compli-
ance mider section 154(f) during said fiscal years. 
SEC. 352. Section 149(kXl) of the Federal-Aid Highway Act of 1987 
loi Stat. 203. 
is amended by adding paragraph (U) as follows: 
"(U) EIASTPOBT TO HOMEDALE, IDAHO.—^The Secretary is authorized 
to carry out work on the United States Route 95 lughway in the 
State of Idaho fh)m Eastport, Idaho, to Homedale, Idaho.". 
SEC. 353. Paragraph (1) of section 149(k) of the Federal-Aid High-
way Act of 1987 is amended by adding at the end thereof the 
following new subparagraph: 
"(V) UNITED STATES ROUTE 23 AND THE CHARLOTTE OUTER LOOP IN 
NORTH CAROLINA.—^The Secretary is authorized to carry out high-
way projects in the State of North Carolina— 
"(i) from the interchange of Interstate Routes 26, 40, and 240 
in AsheviUe, North Carolina to the border of the State of 
Tennessee, and 
"(ii) from Interstate Route 77S east to Interstate Route 85N of 
the Qiarlotte Outer Loop.". 
SEC. 354. From funds appropriated to the Department of Transpor-
tation by this Act, the Secretary of Transportation is authorized, 
notwithstanding any other provision of this Act, to make available, 
not to exceed $500,000, to assist local interests in developing plan-
ning studies for the relocation of railroad tracks on collie campuses 
to eliminate hazardous, unsafe, and adverse environmental 
conditions. 
This Act may be cited as the 'Department of Transportation and 
Related Agencies Appropriations Act, 1989". 
Approved September 30, 1988. 
LEGISLATIVE HISTORY—H.R. 4794: 
HOUSE REPORTS: No. 100-691 (Comm. on Appropriations) and No. 100-957 (Coram. 
of Conference). 
SENATE REPORTS: No. 100-411 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 28, 29, considered and passed House. 
July 12, considered and passed Senate, amended. 
Sept. 27, House agreed to conference report; receded and concurred in certain 
Senate smiendments, in others with amendments; and insisted on disagree-
ment to certain Senate amendments. 
Sept. 28, Senate agreed to conference report; concurred in certain House 
amendments; receded from amendment No. 12; insisted on amendment No. 
121. House receded and concurred in Senate amendment.