H.R. 4794 (100th): Department of Transportation and Related Agencies Appropriations Act, 1989

100th Congress, 1987–1988. Text as of Sep 30, 1988 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

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      Sept. 30, 1988
     for the fiscal year ending September 30, 1989, and for other purposes.           [H.R. 4794]

  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following                  Department of
sums are appropriated, out of any money in the Treasury not                         Transportation
otherwise appropriated, for the Department of Transportation and                    and Related
                                                                                    Agencies
related agencies for the fiscal year ending September 30, 1989, and                 Appropriations
for other purposes, namely:                                                         Act, 1989.

        TITLE I—DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                         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.
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 note.10 u s e 2403 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 A l a m c ^ a n t a 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 I s 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 1 0 0 - 4 5 7 - S E P T . 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 ^ o n a l 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 f u n ^ 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 F U N D ) 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 AND 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 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. 20 u s e 241 note. 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. Contracts. SEC. 309. The expenditure of any appropriation under this Act for Records. any consulting service through procurement contract pursuant to Public section 3109 of title 5, United States Code, shall be limited to those information. 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. Highways. SEC. 310. (a) For fiscal year 1989 the Secretary of Transportation State and local shall distribute the obligation limitation for Federal-aid highways governments. by allocation in the ratio which sums authorized to be appropriated 23 u s e 104 note. 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 (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. Michigan. 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. Grants. SEC. 314. The limitation on obligations for the Discretionary 49 u s e app. 1617 Grants program of the Urban Mass Transportation Administration note. 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. Michigan. 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. Reports. SEC. 317. (a) SAFETY ENFORCEMENT PROGRAM PERFORMANCE.—The 49 u s e 308 note. 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 ^ u l a - 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 49 u s e 301 note. 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 Federal Urban Mass Transportetion Administration shall publish in the Register, Federal Register an announcement of each grant obligated pursuant publication. to sections 3 and 9 of the Urban Mass Transportation Act of 1964, as Grants. amended, including the grant number, the grant amount, and the transit property receiving each grant. 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, Effective date. 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- Termination standing any other provision of law, none of the funds provided by date. this Act or any previous or subsequent Act shall be used to plan, Highways. 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.
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 49 u s e app. 1348 following air traffic controller work force staffing requirements by note. 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. Ofc>) 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 49 u s e app. 2212 and Airway Improvement Act of 1982, as amended, to issue letters of note. 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 Georgia. striking out "(8)" each place it appears and inserting in lieu thereof West Virginia. "(9)" and by striking out "State of Georgia" and inserting in lieu 23 u s e 129. 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 Railroads. authority that could have contracted with Amtrak Commuter for Taxes. 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 date. effective as of October 1,1981.".
102 STAT. 2154 PUBLIC LAW 100-457—SEPT. 30, 1988 Railroads. 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. Nevada. 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. New Jersey. 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. Grants. 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. Grants. 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 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: Highways. "(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.". Aircraft and SEC. 349. Not later than 90 days after the date of enactment of this air carriers. 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 Regulations. 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. Reports. 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 c o l l i e 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.