[107th Congress Public Law 87] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ087.107] [[Page 115 STAT. 833]] Public Law 107-87 107th Congress An Act Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 2002, and for other purposes. <<NOTE: Dec. 18, 2001 - [H.R. 2299]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Department of Transportation and Related Agencies Appropriations Act, 2002.>> That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending September 30, 2002, and for other purposes, namely: TITLE I DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY Salaries and Expenses For necessary expenses of the Office of the Secretary, $67,778,000, of which not to exceed $1,929,000 shall be available for the immediate Office of the Secretary; not to exceed $619,000 shall be available for the immediate Office of the Deputy Secretary; not to exceed $13,355,000 shall be available for the Office of the General Counsel; not to exceed $3,058,000 shall be for the Office of the Assistant Secretary for Policy; not to exceed $7,421,000 shall be available for the Office of the Assistant Secretary for Aviation and International Affairs; not to exceed $7,728,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $2,282,000 shall be available for the Office of the Assistant Secretary for Government Affairs; not to exceed $19,250,000 shall be available for the Office of the Assistant Secretary for Administration; not to exceed $1,723,000 shall be available for the Office of Public Affairs; not to exceed $1,204,000 shall be available for the Office of the Executive Secretariat; not to exceed $507,000 shall be available for the Board of Contract Appeals; not to exceed $1,240,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $1,321,000 shall be available for the Office of Intelligence and Security; not to exceed $6,141,000 shall be available for the Office of the Chief Information Officer: Provided, That not to exceed $60,000 shall be for allocation within the Department for official reception and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law, excluding fees authorized in Public Law 107-71, there may be credited to this appropriation up to $2,500,000 in funds [[Page 115 STAT. 834]] received in user fees: Provided further, That the Secretary of Transportation is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 7 percent by all such transfers: Provided further, That any such transfer shall be submitted for approval to the House and Senate Committees on Appropriations. Office of Civil Rights For necessary expenses of the Office of Civil Rights, $8,500,000. Transportation Security Administration For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant to Public Law 107-71, $1,250,000,000, to remain available until expended: Provided, That, security service fees authorized under 49 U.S.C. 44940 shall be credited to this appropriation as offsetting collections and used for providing civil aviation security services authorized by that section: Provided further, That the sum herein appropriated from the General Fund shall be reduced as such offsetting collections are received during fiscal year 2002 so as to result in a final fiscal year appropriation from the General Fund estimated at not more than $0. Transportation Planning, Research, and Development For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, to remain available until expended, $11,993,000. Transportation Administrative Service Center Necessary expenses for operating costs and capital outlays of the Transportation Administrative Service Center, not to exceed $125,323,000, shall be paid from appropriations made available to the Department of Transportation: Provided, That such services shall be provided on a competitive basis to entities within the Department of Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the Department shall be transferred to the Transportation Administrative Service Center without the approval of the agency modal administrator: Provided further, That no assessments may be levied against any program, budget activity, subactivity or project funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees. Minority Business Resource Center Program For the cost of guaranteed loans, $500,000, as authorized by 49 U.S.C. 332: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these [[Page 115 STAT. 835]] funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $18,367,000. In addition, for administrative expenses to carry out the guaranteed loan program, $400,000. Minority Business Outreach For necessary expenses of Minority Business Resource Center outreach activities, $3,000,000, to remain available until September 30, 2003: Provided, That notwithstanding 49 U.S.C. 332, these funds may be used for business opportunities related to any mode of transportation. Payments to Air Carriers (airport and airway trust fund) In addition to funds made available from any other source to carry out the essential air service program under 49 U.S.C. 41731 through 41742, to be derived from the Airport and Airway Trust Fund, $13,000,000, 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 five passenger motor vehicles for replacement only; payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and recreation and welfare, $3,382,000,000, of which $440,000,000 shall be available for defense-related activities; and of which $24,945,000 shall be derived from the Oil Spill Liability Trust Fund: Provided, That none of the funds appropriated in this or any other Act shall be available for pay of administrative expenses 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: Provided further, That of the amounts made available under this heading, not less than $14,541,000 shall be used solely to increase staffing at Search and Rescue stations, surf stations and command centers, increase the training and experience level of individuals serving in said stations through targeted retention efforts, revise personnel policies and expand training programs, and to modernize and improve the quantity and quality of personal safety equipment, including survival suits, for personnel assigned to said stations: Provided further, That the Department of Transportation Inspector General shall audit and certify to the House and Senate Committees on Appropriations that the funding described in the preceding proviso is being used solely to supplement and not supplant the Coast Guard's level of effort in this area in fiscal year 2001. [[Page 115 STAT. 836]] Acquisition, Construction, and Improvements For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, $636,354,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund; of which $89,640,000 shall be available to acquire, repair, renovate or improve vessels, small boats and related equipment, to remain available until September 30, 2006; $9,500,000 shall be available to acquire new aircraft and increase aviation capability, to remain available until September 30, 2004; $79,293,000 shall be available for other equipment, to remain available until September 30, 2004; $73,100,000 shall be available for shore facilities and aids to navigation facilities, to remain available until September 30, 2004; $64,631,000 shall be available for personnel compensation and benefits and related costs, to remain available until September 30, 2003; and $320,190,000 shall be available for the Integrated Deepwater Systems program, to remain available until September 30, 2006: Provided, That the Commandant of the Coast Guard is authorized to dispose of surplus real property, by sale or lease, and the proceeds shall be credited to this appropriation as offsetting collections and made available only for the National Distress and Response System Modernization program, to remain available for obligation until September 30, 2004: Provided further, That none of the funds provided under this heading may be obligated or expended for the Integrated Deepwater Systems (IDS) system integration contract until the Secretary or Deputy Secretary of Transportation and the Director, Office of Management and Budget jointly certify to the House and Senate Committees on Appropriations that funding for the IDS program for fiscal years 2003 through 2007, funding for the National Distress and Response System Modernization program to allow for full deployment of said system by 2006, and funding for other essential search and rescue procurements, are fully funded in the Coast Guard Capital Investment Plan and within the Office of Management and Budget's budgetary projections for the Coast Guard for those years: Provided further, That none of the funds provided under this heading may be obligated or expended for the Integrated Deepwater Systems (IDS) integration contract until the Secretary or Deputy Secretary of Transportation and the Director, Office of Management and Budget jointly approve a contingency procurement strategy for the recapitalization of assets and capabilities envisioned in the IDS: Provided further, That upon initial submission to the Congress of the fiscal year 2003 President's budget, the Secretary of Transportation shall transmit to the Congress a comprehensive capital investment plan for the United States Coast Guard which includes funding for each budget line item for fiscal years 2003 through 2007, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget: Provided further, That the amount herein appropriated shall be reduced by $100,000 per day for each day after initial submission of the President's budget that the plan has not been submitted to the Congress: Provided further, That the Director, Office of Management and Budget shall submit the budget request for the IDS integration [[Page 115 STAT. 837]] contract delineating sub-headings which include the following: systems integrator, ship construction, aircraft, equipment, and communications, providing specific assets and costs under each sub-heading. Environmental Compliance and Restoration For necessary expenses to carry out the Coast Guard's environmental compliance and restoration functions under chapter 19 of title 14, United States Code, $16,927,000, to remain available until expended. Alteration of Bridges For necessary expenses for alteration or removal of obstructive bridges, $15,466,000, to remain available until expended. Retired Pay For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, payment for career status bonuses under the National Defense Authorization Act, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55), $876,346,000. Reserve Training (including transfer of funds) For all necessary expenses of the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services, $83,194,000: Provided, That no more than $25,800,000 of funds made available under this heading may be transferred to Coast Guard ``Operating expenses'' or otherwise made available to reimburse the Coast Guard for financial support of the Coast Guard Reserve: Provided further, That none of the funds in this Act may be used by the Coast Guard to assess direct charges on the Coast Guard Reserves for items or activities which were not so charged during fiscal year 1997. 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, $20,222,000, to remain available until expended, of which $3,492,000 shall be derived from the Oil Spill Liability Trust Fund: Provided, That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries, for expenses incurred for research, development, testing, and evaluation. [[Page 115 STAT. 838]] FEDERAL AVIATION ADMINISTRATION Operations For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by Public Law 104-264, $6,886,000,000, of which $5,773,519,000 shall be derived from the Airport and Airway Trust Fund, of which not to exceed $5,452,871,000 shall be available for air traffic services program activities; not to exceed $768,769,000 shall be available for aviation regulation and certification program activities; not to exceed $150,154,000 shall be available for civil aviation security program activities; not to exceed $195,799,000 shall be available for research and acquisition program activities; not to exceed $12,456,000 shall be available for commercial space transportation program activities; not to exceed $50,284,000 shall be available for financial services program activities; not to exceed $69,516,000 shall be available for human resources program activities; not to exceed $85,943,000 shall be available for regional coordination program activities; and not to exceed $109,208,000 shall be available for staff offices: Provided, That none of the funds in this Act shall be available for the Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically authorized by law after the date of the enactment of this Act: Provided further, That there may be credited to this appropriation funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses incurred in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair or alteration forms: Provided further, <<NOTE: Contracts.>> That of the funds appropriated under this heading, not less than $6,000,000 shall be for the contract tower cost- sharing program: Provided further, That funds may be used to enter into a grant agreement with a nonprofit standard-setting organization to assist in the development of aviation safety standards: Provided further, That none of the funds in this Act shall be available for new applicants for the second career training program: Provided further, That none of the funds in this Act shall be available for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay: Provided further, That none of the funds in this Act may be obligated or expended to operate a manned auxiliary flight service station in the contiguous United States: Provided further, That none of the funds in this Act for aeronautical charting and cartography are available for activities conducted by, or coordinated through, the Transportation Administrative Service Center. [[Page 115 STAT. 839]] Facilities and Equipment (airport and airway trust fund) For necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities and equipment as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this heading; to be derived from the Airport and Airway Trust Fund, $2,914,000,000, of which $2,536,900,000 shall remain available until September 30, 2004, and of which $377,100,000 shall remain available until September 30, 2002: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That upon initial submission to the Congress of the fiscal year 2003 President's budget, the Secretary of Transportation shall transmit to the Congress a comprehensive capital investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal years 2003 through 2007, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget: Provided further, That the amount herein appropriated shall be reduced by $100,000 per day for each day after initial submission of the President's budget that the plan has not been submitted to the Congress. Facilities and Equipment (airport and airway trust fund) (rescission) Of the available balances under this heading, $15,000,000 are rescinded. Research, Engineering, and Development (airport and airway trust fund) For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant, $195,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2004: 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 research, engineering, and development. [[Page 115 STAT. 840]] Grants-in-Aid for Airports (liquidation of contract authorization) (limitation on obligations) (airport and airway trust fund) For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, and under other law authorizing such obligations; for procurement, installation, and commissioning of runway incursion prevention devices and systems at airports of such title; for implementation of section 203 of Public Law 106-181; and for inspection activities and administration of airport safety programs, including those related to airport operating certificates under section 44706 of title 49, United States Code, $1,800,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That none of the funds under this heading shall be available for the planning or execution of programs the obligations for which are in excess of $3,300,000,000 in fiscal year 2002, notwithstanding section 47117(h) of title 49, United States Code: Provided further, That notwithstanding any other provision of law, not more than $57,050,000 of funds limited under this heading shall be obligated for administration and not less than $20,000,000 shall be for the Small Community Air Service Development Pilot Program. Grants-in-Aid for Airports (airport and airway trust fund) (rescission of contract authorization) Of the unobligated balances authorized under 49 U.S.C. 48103, as amended, $301,720,000 are rescinded. Aviation Insurance Revolving Fund The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of funds available pursuant to 49 U.S.C. 44307, 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 for aviation insurance activities under chapter 443 of title 49, United States Code. FEDERAL HIGHWAY ADMINISTRATION Limitation on Administrative Expenses Necessary expenses for administration and operation of the Federal Highway Administration, not to exceed $311,000,000, shall be paid in accordance with law from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: Provided, That of the funds available under section [[Page 115 STAT. 841]] 104(a)(1)(A) of title 23, United States Code: $7,500,000 shall be available for ``Child Passenger Protection Education Grants'' under section 2003(b) of Public Law 105-178, as amended; $4,000,000 shall be available for motor carrier safety research; $841,000 shall be available for the motor carrier crash data improvement program; $6,000,000 shall be available for the nationwide differential global positioning system program; and $1,500,000 for environmental streamlining activities. Federal-Aid Highways (limitation on obligations) (highway trust fund) None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are in excess of $31,799,104,000 for Federal-aid highways and highway safety construction programs for fiscal year 2002: Provided, That within the $31,799,104,000 obligation limitation on Federal-aid highways and highway safety construction programs, not more than $447,500,000 shall be available for the implementation or execution of programs for transportation research (sections 502, 503, 504, 506, 507, and 508 of title 23, United States Code, as amended; section 5505 of title 49, United States Code, as amended; and sections 5112 and 5204- 5209 of Public Law 105-178) for fiscal year 2002: Provided further, That this limitation on transportation research programs shall not apply to any funds authorized under section 110 of title 23, United States Code, and allocated to these programs, or to any authority previously made available for obligation: Provided further, That within the $225,000,000 obligation limitation on Intelligent Transportation Systems, the following sums shall be made available for Intelligent Transportation System projects that are designed to achieve the goals and purposes set forth in section 5203 of the Intelligent Transportation Systems Act of 1998 (subtitle C of title V of Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502 note) in the following specified areas: Alameda-Contra Costa, California, $500,000; Alaska statewide, $2500,000; Alexandria, Virginia, $750,000; Arizona statewide EMS, $500,000; Army trail road traffic signal coordination project, Illinois, $300,000; Atlanta smart corridors, Georgia, $1,000,000; Austin, Texas, $125,000; Automated crash notification, UAB, Alabama, $2,500,000; Bay County Area wide traffic signal system, Florida, $500,000; Beaver County transit mobility manager, Pennsylvania, $800,000; Brownsville, Texas, $250,000; Carbondale technology transfer center, Pennsylvania, $1,000,000; Cargo mate logistics and intermodal management, New York, $1,250,000; Central Ohio, $1,500,000; Chattanooga, Tennessee, $2,000,000; [[Page 115 STAT. 842]] Chinatown intermodal transportation center, California, $1,750,000; Clark County, Washington, $1,000,000; Commercial vehicle information systems and networks, New York, $450,000; Dayton, Ohio, $1,250,000; Detroit, Michigan (airport), $1,500,000; Durham, Wake Counties, North Carolina, $500,000; Eastern Kentucky rural highway information, $2,000,000; Fargo, North Dakota, $1,000,000; Forsyth, Guilford Counties, North Carolina, $1,000,000; Genesee County, Michigan, $1,000,000; Great Lakes, Michigan, $1,500,000; Guidestar, Minnesota, $6,000,000; Harrison County, Mississippi, $500,000; Hawaii statewide, $1,000,000; Hoosier SAFE-T, Indiana, $2,000,000; Houma, Louisiana, $1,000,000; I-90 connector testbed, New York, $1,000,000; Illinois statewide, $2,000,000; Inglewood, California, $500,000; Integrated transportation management system, Delaware statewide, $2,000,000; Iowa statewide, $562,000; Jackson Metropolitan, Mississippi, $500,000; James Madison University, Virginia, $1,500,000; Kansas City, Kansas, $500,000; Kittitas County workzone traffic safety system, Washington, $450,000; Lansing, Michigan, $750,000; Las Vegas, Nevada, $1,450,000; Lexington, Kentucky, $750,000; Libertyville traffic management center, Illinois, $760,000; Long Island rail road grade crossing deployment, New York, $1,000,000; Macomb, Michigan (border crossing), $1,000,000; Maine statewide (rural), $500,000; Maryland statewide, $1,000,000; Miami-Dade, Florida, $1,000,000; Monterey-Salinas, California, $750,000; Montgomery County ECC & TMC, Maryland, $1,000,000; Moscow, Idaho, $1,000,000; Nebraska statewide, $4,000,000; New York statewide information exchange systems, New York, $500,000; New York, New Jersey, Connecticut (TRANSCOM), $2,500,000; North Greenbush, New York, $1,000,000; Oklahoma statewide, $3,000,000; Oxford, Mississippi, $500,000; Pennsylvania statewide (turnpike), $500,000; Philadelphia, Pennsylvania, $1,033,000; Philadelphia, Pennsylvania (Drexel), $1,500,000; Pioneer Valley, Massachusetts, $1,500,000; Port of Long Beach, California, $500,000; Port of Tacoma trucker congestion notification system, Washington, $200,000; [[Page 115 STAT. 843]] Roadside animal detection test-bed, Montana, $500,000; Rochester-Genesse, New York, $800,000; Rutland, Vermont, $750,000; Sacramento, California, $3,000,000; San Diego joint transportation operations center, California, $1,500,000; San Francisco central control communications, California, $250,000; Santa Anita, California, $300,000; Santa Teresa, New Mexico, $750,000; Shreveport, Louisiana, $750,000; Silicon Valley transportation management center, California, $700,000; South Carolina DOT, $3,000,000; Southeast Corridor, Colorado, $7,000,000; Southern Nevada (bus), $1,100,000; Spillway road incident management system, Mississippi, $600,000; St. Louis, Missouri, $1,000,000; Statewide transportation operations center, Kentucky, $2,000,000; Superior, I-39 corridor, Wisconsin, $2,500,000; Texas statewide, $2,000,000; Travel network, South Dakota, $2,325,000; University of Arizona ATLAS Center, Arizona, $500,000; Utah Statewide, $560,000; Vermont statewide (rural), $1,500,000; Washington statewide, $4,500,000; Washington, D.C. metropolitan region, $2,000,000; Wayne County road information management system, Michigan, $1,500,000; Wichita, Kansas, $1,200,000; Wisconsin communications network, $310,000; Wisconsin statewide, $1,000,000; and Yakima County adverse weather operations, Washington, $475,000: Provided further, That, notwithstanding any other provision of law, funds authorized under section 110 of title 23, United States Code, for fiscal year 2002 shall be apportioned to the States in accordance with the distribution set forth in section 110(b)(4)(A) and (B) of title 23, United States Code, except that before such apportionments are made, $35,565,651 shall be set aside for the program authorized under section 1101(a)(8)(A) of the Transportation Equity Act for the 21st Century, as amended, and section 204 of title 23, United States Code; $31,815,091 shall be set aside for the program authorized under section 1101(a)(8)(B) of the Transportation Equity Act for the 21st Century, as amended, and section 204 of title 23, United States Code; $21,339,391 shall be set aside for the program authorized under section 1101(a)(8)(C) of the Transportation Equity Act for the 21st Century, as amended, and section 204 of title 23, United States Code; $2,586,593 shall be set aside for the program authorized under section 1101(a)(8)(D) of the Transportation Equity Act for the 21st Century, as amended, and section 204 of title 23, United States Code; $25,579,000 shall be set aside for the program authorized under section 129(c) of title 23, United States Code, and section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991, as amended; $352,256,000 shall be [[Page 115 STAT. 844]] set aside for the programs authorized under sections 1118 and 1119 of the Transportation Equity Act for the 21st Century, as amended; $3,348,128 shall be set aside for the program authorized under section 1101(a)(11) of the Transportation Equity Act for the 21st Century, as amended and section 162 of title 23, United States Code; $76,025,000 shall be set aside for the program authorized under section 118(c) of title 23, United States Code; $62,450,000 shall be set aside for the program authorized under section 144(g) of title 23, United States Code; $251,092,600 shall be set aside for the program authorized under section 1221 of the Transportation Equity Act for the 21st Century, as amended; $10,000,000 shall be set aside for the program authorized under section 502(e) of title 23, United States Code; $56,300,000 shall be available for border infrastructure improvements; $45,122,600 shall be available for allocation by the Secretary for public lands highways; and $23,896,000 shall be set aside and transferred to the Federal Motor Carrier Safety Administration as authorized by section 102 of Public Law 106-159: Provided further, That, of the funds to be apportioned to each State under section 110 for fiscal year 2002, the Secretary shall ensure that such funds are apportioned for the programs authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3), 1101(a)(4), and 1101(a)(5) of the Transportation Equity Act for the 21st Century, as amended, in the same ratio that each State is apportioned funds for such programs in fiscal year 2002 but for this section. Federal-Aid Highways (liquidation of contract authorization) (highway trust fund) Notwithstanding any other provision of law, for carrying out the provisions of title 23, United States Code, that are attributable to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise provided, including reimbursement for sums expended pursuant to the provisions of 23 U.S.C. 308, $30,000,000,000 or so much thereof as may be available in and derived from the Highway Trust Fund, to remain available until expended. Appalachian Development Highway System For necessary expenses for the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102-240, as amended, $200,000,000, to remain available until expended. State Infrastructure Banks (rescission) Of the funds made available for State Infrastructure Banks in Public Law 104-205, $5,750,000 are rescinded. [[Page 115 STAT. 845]] FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION motor carrier safety limitation on administrative expenses (including rescission of funds) For necessary expenses for administration of motor carrier safety programs and motor carrier safety research, pursuant to section 104(a)(1)(B) of title 23, United States Code, not to exceed $110,000,000 shall be paid in accordance with law from appropriations made available by this Act and from any available take-down balances to the Federal Motor Carrier Safety Administration, together with advances and reimbursements received by the Federal Motor Carrier Safety Administration: Provided, That such amounts shall be available to carry out the functions and operations of the Federal Motor Carrier Safety Administration. Of the unobligated balances authorized under 23 U.S.C. 104(a)(1)(B), $6,665,342 are rescinded. National Motor Carrier Safety Program (liquidation of contract authorization) (limitation on obligations) (highway trust fund) Notwithstanding any other provision of law, for payment of obligations incurred in carrying out 49 U.S.C. 31102, 31106 and 31309, $205,896,000, 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 $182,000,000 for ``Motor Carrier Safety Grants'', and ``Information Systems'': Provided further, That notwithstanding any other provision of law, of the $23,896,000 provided under 23 U.S.C. 110, $18,000,000 shall be for border State grants and $4,837,000 shall be for State commercial driver's license program improvements. 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 chapter 301 of title 49, United States Code, and part C of subtitle VI of title 49, United States Code, $127,780,000, of which $95,835,000 shall remain available until September 30, 2004: Provided, That none of the funds appropriated by this Act may be obligated or expended to plan, finalize, or implement any rulemaking to add to section 575.104 of title 49 of the Code of Federal Regulations any requirement pertaining to a grading standard that is different from the three grading standards (treadwear, traction, and temperature resistance) already in effect. [[Page 115 STAT. 846]] Operations and Research (liquidation of contract authorization) (limitation on obligations) (highway trust fund) (including rescission of contract authorization) For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, to remain available until expended, $72,000,000, to be derived from the Highway Trust Fund: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2002, are in excess of $72,000,000 for programs authorized under 23 U.S.C. 403. Of the unobligated balances authorized under 23 U.S.C. 403, $1,516,000 are rescinded. National Driver Register (highway trust fund) For expenses necessary to discharge the functions of the Secretary with respect to the National Driver Register under chapter 303 of title 49, United States Code, $2,000,000, to be derived from the Highway Trust Fund, and to remain available until expended. Highway Traffic Safety Grants (liquidation of contract authorization) (limitation on obligations) (highway trust fund) Notwithstanding any other provision of law, for payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 405, 410, and 411 to remain available until expended, $223,000,000, to be derived from the Highway Trust Fund: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2002, are in excess of $223,000,000 for programs authorized under 23 U.S.C. 402, 405, 410, and 411 of which $160,000,000 shall be for ``Highway Safety Programs'' under 23 U.S.C. 402, $15,000,000 shall be for ``Occupant Protection Incentive Grants'' under 23 U.S.C. 405, $38,000,000 shall be for ``Alcohol- Impaired Driving Countermeasures Grants'' under 23 U.S.C. 410, and $10,000,000 shall be for the ``State Highway Safety Data Grants'' under 23 U.S.C. 411: Provided further, That none of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local, or private buildings or structures: Provided further, That not to exceed $8,000,000 of the funds made available for section 402, not to exceed $750,000 of the funds made available for section 405, not to exceed $1,900,000 of the funds made available for section 410, and not to exceed $500,000 of the funds made available for section 411 shall be available to NHTSA for administering highway safety grants under chapter 4 of title 23, United States Code: Provided [[Page 115 STAT. 847]] further, That not to exceed $500,000 of the funds made available for section 410 ``Alcohol-Impaired Driving Countermeasures Grants'' shall be available for technical assistance to the States. FEDERAL RAILROAD ADMINISTRATION Safety and Operations For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $110,857,000, of which $6,509,000 shall remain available until expended. Railroad Research and Development For necessary expenses for railroad research and development, $29,000,000, to remain available until expended. Railroad Rehabilitation and Improvement Program 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 pursuant to section 502 of such Act, as amended, no new direct loans or loan guarantee commitments shall be made using Federal funds for the credit risk premium during fiscal year 2002. Next Generation High-Speed Rail For necessary expenses for the Next Generation High-Speed Rail program as authorized under 49 U.S.C. 26101 and 26102, $32,300,000, to remain available until expended. Alaska Railroad Rehabilitation To enable the Secretary of Transportation to make grants to the Alaska Railroad, $20,000,000 shall be for capital rehabilitation and improvements benefiting its passenger operations, to remain available until expended. Capital Grants to the National Railroad Passenger Corporation For necessary expenses of capital improvements of the National Railroad Passenger Corporation as authorized by 49 U.S.C. 24104(a), $521,476,000, to remain available until expended. FEDERAL TRANSIT ADMINISTRATION Administrative Expenses For necessary administrative expenses of the Federal Transit Administration's programs authorized by chapter 53 of title 49, United States Code, $13,400,000: Provided, That no more than [[Page 115 STAT. 848]] $67,000,000 of budget authority shall be available for these purposes: Provided further, That of the funds in this Act available for the execution of contracts under section 5327(c) of title 49, United States Code, $2,000,000 shall be reimbursed to the Department of Transportation's Office of Inspector General for costs associated with audits and investigations of transit-related issues, including reviews of new fixed guideway systems: Provided further, That not to exceed $2,600,000 for the National transit database shall remain available until expended. Formula Grants (including transfer of funds) For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310, 5311, 5327, and section 3038 of Public Law 105-178, $718,400,000, to remain available until expended: Provided, That no more than $3,592,000,000 of budget authority shall be available for these purposes: Provided further, That, notwithstanding any other provision of law, of the funds provided under this heading, $5,000,000 shall be available for grants for the costs of planning, delivery, and temporary use of transit vehicles for special transportation needs and construction of temporary transportation facilities for the VIII Paralympiad for the Disabled, to be held in Salt Lake City, Utah: Provided further, <<NOTE: Utah.>> That in allocating the funds designated in the preceding proviso, the Secretary shall make grants only to the Utah Department of Transportation, and such grants shall not be subject to any local share requirement or limitation on operating assistance under this Act or the Federal Transit Act, as amended: Provided further, That notwithstanding section 3008 of Public Law 105- 178 and 49 U.S.C. 5309(m)(3)(C), $50,000,000 of the funds to carry out 49 U.S.C. 5308 shall be transferred to and merged with funding provided for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities under ``Federal Transit Administration, Capital investment grants''. University Transportation Research For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000, to remain available until expended: Provided, That no more than $6,000,000 of budget authority shall be available for these purposes. Transit Planning and Research For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $23,000,000, to remain available until expended: Provided, That no more than $116,000,000 of budget authority shall be available for these purposes: Provided further, That $5,250,000 is available to provide rural transportation assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to carry out programs under the National Transit Institute (49 U.S.C. 5315), $8,250,000 is available to carry out transit cooperative research programs (49 U.S.C. 5313(a)), $55,422,400 is available for metropolitan planning (49 U.S.C. 5303, 5304, and 5305), $11,577,600 is available for State planning (49 U.S.C. 5313(b)); and $31,500,000 is available for the national planning and research program (49 U.S.C. 5314). [[Page 115 STAT. 849]] Trust Fund Share of Expenses (liquidation of contract authorization) (highway trust fund) Notwithstanding any other provision of law, for payment of obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of Public Law 105-178, $5,397,800,000, to remain available until expended, and to be derived from the Mass Transit Account of the Highway Trust Fund: Provided, That $2,873,600,000 shall be paid to the Federal Transit Administration's formula grants account: Provided further, That $93,000,000 shall be paid to the Federal Transit Administration's transit planning and research account: Provided further, That $53,600,000 shall be paid to the Federal Transit Administration's administrative expenses account: Provided further, That $4,800,000 shall be paid to the Federal Transit Administration's university transportation research account: Provided further, That $100,000,000 shall be paid to the Federal Transit Administration's job access and reverse commute grants program: Provided further, That $2,272,800,000 shall be paid to the Federal Transit Administration's capital investment grants account. Capital Investment Grants (including transfer of funds) For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and 5327, $568,200,000, to remain available until expended: Provided, That no more than $2,841,000,000 of budget authority shall be available for these purposes: Provided further, That there shall be available for fixed guideway modernization, $1,136,400,000; there shall be available for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities, $568,200,000, together with $50,000,000 transferred from ``Federal Transit Administration, Formula Grants''; and there shall be available for new fixed guideway systems $1,136,400,000, together with $1,488,840 of the funds made available under ``Federal Transit Administration, Capital investment grants'' in Public Law 105-277; to be available as follows: $10,296,000 for Alaska or Hawaii ferry projects; $1,000,000 for the Albuquerque, New Mexico, light rail project; $25,000,000 for the Atlanta, Georgia, North line extension project; $13,000,000 for the Baltimore, Maryland, central light rail transit double track project; $1,500,000 for the Baltimore, Maryland, rail transit project; $2,000,000 for the Birmingham, Alabama, transit corridor project; $10,631,245 for the Boston, Massachusetts, South Boston Piers transitway project; $500,000 for the Boston, Massachusetts, urban ring transit project; $7,000,000 for the Charlotte, North Carolina, South corridor light rail transit project; [[Page 115 STAT. 850]] $32,750,000 for the Chicago, Illinois, Douglas branch reconstruction project; $55,000,000 for the Chicago, Illinois, METRA commuter rail and line extension projects; $3,000,000 for the Chicago, Illinois, Ravenswood reconstruction project; $6,000,000 for the Cleveland, Ohio, Euclid corridor transportation project; $70,000,000 for the Dallas, Texas, North Central light rail transit extension project; $55,000,000 for the Denver, Colorado, Southeast corridor light rail transit project; $192,492 for the Denver, Colorado, Southwest corridor light rail transit project; $150,000 for the Des Moines, Iowa, DSM bus feasibility project; $200,000 for the Dubuque, Iowa, light rail feasibility project; $25,000,000 for the Dulles corridor, Virginia, bus rapid transit project; $27,000,000 for the Fort Lauderdale, Florida, Tri-County commuter rail upgrades project; $2,000,000 for the Fort Worth, Texas, Trinity railway express project; $750,000 for the Grand Rapids, Michigan, ITP metro area, major corridor project; $12,000,000 for Honolulu, Hawaii, bus rapid transit project; $10,000,000 for the Houston, Texas, Metro advanced transit project; $300,000 for the Iowa, Metrolink light rail feasibility project; $1,500,000 for the Johnson County, Kansas-Kansas City, Missouri, I-35 commuter rail project; $2,000,000 for the Kenosha-Racine-Milwaukee, Wisconsin, commuter rail extension project; $55,000,000 for the Largo, Maryland, metrorail extension project; $2,000,000 for the Little Rock, Arkansas, river rail project; $14,744,420 for the Long Island Rail Road, New York, East Side access project; $9,289,557 for the Los Angeles, California, North Hollywood extension project; $7,500,000 for the Los Angeles, California, East Side corridor light rail transit project; $3,000,000 for the Lowell, Massachusetts-Nashua, New Hampshire commuter rail extension project; $12,000,000 for the Maryland (MARC) commuter rail improvements projects; $19,170,000 for the Memphis, Tennessee, Medical center rail extension project; $5,000,000 for the Miami, Florida, South Miami-Dade busway extension project; $10,000,000 for the Minneapolis-Rice, Minnesota, Northstar corridor commuter rail project; $50,000,000 for the Minneapolis-St. Paul, Minnesota, Hiawatha corridor light rail transit project; [[Page 115 STAT. 851]] $4,000,000 for the Nashville, Tennessee, East corridor commuter rail project; $141,000,000 for the New Jersey Hudson-Bergen light rail transit project; $15,000,000 for the New Orleans, Louisiana, Canal Street car line project; $1,200,000 for the New Orleans, Louisiana, Desire corridor streetcar project; $2,000,000 for the New York, New York, Second Avenue subway project; $20,000,000 for the Newark-Elizabeth, New Jersey, rail link project; $2,500,000 for the Northeast Indianapolis, Indiana, downtown corridor project; $2,500,000 for the Northern Indiana South Shore commuter rail project; $6,500,000 for the Oceanside-Escondido, California, light rail extension project; $500,000 for the Ohio, Central Ohio North corridor rail (COTA) project; $5,000,000 for the Pawtucket-TF Green, Rhode Island, commuter rail and maintenance facility project; $9,000,000 for the Philadelphia, Pennsylvania, Schuykill Valley metro project; $10,000,000 for the Phoenix, Arizona, Central Phoenix/East Valley corridor project; $8,000,000 for the Pittsburgh, Pennsylvania, North Shore connector light rail transit project; $18,000,000 for the Pittsburgh, Pennsylvania, stage II light rail transit reconstruction project; $64,000,000 for the Portland, Oregon, Interstate MAX light rail transit extension project; $20,000,000 for the Puget Sound, Washington, RTA Sounder commuter rail project; $9,000,000 for the Raleigh, North Carolina, Triangle transit project; $328,000 for the Sacramento, California, light rail transit extension project; $14,000,000 for the Salt Lake City, Utah, CBD to University light rail transit project; $3,000,000 for the Salt Lake City, Utah, University Medical Center light rail transit extension project; $60,000,000 for the San Diego, California, Mission Valley East light rail project; $1,000,000 for the San Diego, California, Mid Coast corridor project; $75,673,790 for the San Francisco, California, BART extension to the airport project; $113,336 for the San Jose, California, Tasman West light rail transit project; $40,000,000 for the San Juan, Puerto Rico, Tren Urbano project; $1,700,000 for the Sioux City, Iowa, light rail project; $28,000,000 for the St. Louis-St. Clair, Missouri, metrolink extension project; $5,000,000 for the Stamford, Connecticut, urban transitway project; [[Page 115 STAT. 852]] $3,000,000 for the Stockton, California, Altamont commuter rail project; $3,000,000 for the Virginia Railway Express station improvements project; $500,000 for the Washington County, Oregon, Wilsonville to Beaverton commuter rail project; $2,500,000 for the Wasilla, Alaska, alternative route project; and $400,000 for the Yosemite, California, area regional transportation system project. Job Access and Reverse Commute Grants Notwithstanding section 3037(l)(3) of Public Law 105-178, as amended, for necessary expenses to carry out section 3037 of the Federal Transit Act of 1998, $25,000,000, to remain available until expended: Provided, That no more than $125,000,000 of budget authority shall be available for these purposes: Provided further, That up to $250,000 of the funds provided under this heading may be used by the Federal Transit Administration for technical assistance and support and performance reviews of the Job Access and Reverse Commute Grants program. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION Saint Lawrence Seaway Development Corporation The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation's budget for the current fiscal year. Operations and Maintenance (harbor maintenance trust fund) For necessary expenses for operations and maintenance of those portions of the Saint Lawrence Seaway operated and maintained by the Saint Lawrence Seaway Development Corporation, $13,345,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public 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, $37,279,000, of which $645,000 shall be derived from the Pipeline Safety Fund, and of which $2,170,000 shall remain available until September 30, 2004: Provided, That up to $1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as offsetting receipts: Provided further, That there may be credited to this appropriation, to be available until expended, [[Page 115 STAT. 853]] funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions. Pipeline Safety (pipeline safety fund) (oil spill liability trust fund) For expenses necessary to conduct the functions of the pipeline safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, $58,250,000, of which $7,864,000 shall be derived from the Oil Spill Liability Trust Fund and shall remain available until September 30, 2004; of which $50,386,000 shall be derived from the Pipeline Safety Fund, of which $30,828,000 shall remain available until September 30, 2004. Emergency Preparedness Grants (emergency preparedness fund) For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to be derived from the Emergency Preparedness Fund, to remain available until September 30, 2004: Provided, That not more than $14,300,000 shall be made available for obligation in fiscal year 2002 from amounts made available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That none of the funds made available by 49 U.S.C. 5116(i) and 5127(d) shall be made available for obligation by individuals other than the Secretary of Transportation, or his designee. OFFICE OF INSPECTOR GENERAL Salaries and Expenses For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $50,614,000: Provided, That the Inspector General shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App. 3) to investigate allegations of fraud, including false statements to the government (18 U.S.C. 1001), by any person or entity that is subject to regulation by the Department: Provided further, That the funds made available under this heading shall be used to investigate, pursuant to section 41712 of title 49, United States Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents; and (2) the compliance of domestic and foreign air carriers with respect to item (1) of this proviso. [[Page 115 STAT. 854]] SURFACE TRANSPORTATION BOARD Salaries and Expenses For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109, $18,457,000: Provided, That notwithstanding any other provision of law, not to exceed $950,000 from fees established by the Chairman of the Surface Transportation Board shall be credited to this appropriation as offsetting collections and used for necessary and authorized expenses under this heading: Provided further, That the sum herein appropriated from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2002, to result in a final appropriation from the general fund estimated at no more than $17,507,000. 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, $5,015,000: Provided, That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses. NATIONAL TRANSPORTATION SAFETY BOARD Salaries and Expenses For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902) $68,000,000, of which not to exceed $2,000 may be used for official reception and representation expenses. TITLE III GENERAL PROVISIONS (including transfers of funds) Sec. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance 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). [[Page 115 STAT. 855]] Sec. 302. Such sums as may be necessary for fiscal year 2002 pay raises for programs funded in this Act shall be absorbed within the levels appropriated in this Act or previous appropriations Acts. Sec. 303. 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 an Executive Level IV. Sec. 304. None of the funds in this Act shall be available for salaries and expenses of more than 105 political and Presidential appointees in the Department of Transportation: Provided, That none of the personnel covered by this provision or political and Presidential appointees in an independent agency funded in this Act may be assigned on temporary detail outside the Department of Transportation or such independent agency except to the Office of Homeland Security. Sec. 305. 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 regulatory or adjudicatory proceedings funded in this Act. Sec. 306. 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. 307. <<NOTE: Contracts. Public information.>> The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 308. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code. Sec. 309. <<NOTE: 49 USC 5338 note.>> The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obligation, or to any other authority previously made available for obligation. Sec. 310. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 2002, the Secretary of Transportation shall-- (1) not distribute from the obligation limitation for Federal-aid Highways amounts authorized for administrative expenses and programs funded from the administrative takedown authorized by section 104(a)(1)(A) of title 23, United States Code, for the highway use tax evasion program, amounts provided under section 110 of title 23, United States Code, and for the Bureau of Transportation Statistics; (2) not distribute an amount from the obligation limitation for Federal-aid Highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highways and highway safety programs for the previous fiscal year the funds for which are allocated by the Secretary; (3) determine the ratio that-- (A) the obligation limitation for Federal-aid Highways less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to (B) the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction [[Page 115 STAT. 856]] programs (other than sums authorized to be appropriated for sections set forth in paragraphs (1) through (7) of subsection (b) and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the amount referred to in subsection (b)(8)) for such fiscal year less the aggregate of the amounts not distributed under paragraph (1) of this subsection; (4) distribute the obligation limitation for Federal-aid Highways less the aggregate amounts not distributed under paragraphs (1) and (2) of section 117 of title 23, United States Code (relating to high priority projects program), section 201 of the Appalachian Regional Development Act of 1965, the Woodrow Wilson Memorial Bridge Authority Act of 1995, and $2,000,000,000 for such fiscal year under section 105 of title 23, United States Code (relating to minimum guarantee) so that the amount of obligation authority available for each of such sections is equal to the amount determined by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such section (except in the case of section 105, $2,000,000,000) for such fiscal year; (5) distribute the obligation limitation provided for Federal-aid Highways less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraph (4) for each of the programs that are allocated by the Secretary under title 23, United States Code (other than activities to which paragraph (1) applies and programs to which paragraph (4) applies) by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such program for such fiscal year; and (6) distribute the obligation limitation provided for Federal-aid Highways less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5) for Federal-aid highways and highway safety construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned for the minimum guarantee program for such fiscal year exceed $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under title 23, United States Code, in the ratio that-- (A) sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal year, bear to (B) the total of the sums authorized to be appropriated for such programs that are apportioned to all States for such fiscal year. (b) Exceptions From Obligation Limitation.--The obligation limitation for Federal-aid Highways shall not apply to obligations: (1) under section 125 of title 23, United States Code; (2) under section 147 of the Surface Transportation Assistance Act of 1978; (3) under section 9 of the Federal-Aid Highway Act of 1981; (4) under sections 131(b) and 131( j) of the Surface Transportation Assistance Act of 1982; (5) under sections 149(b) and 149(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987; (6) under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991; (7) under section 157 of title 23, United States Code, as in effect on the day before the date of the enactment of the Transportation Equity Act for [[Page 115 STAT. 857]] the 21st Century; and (8) under section 105 of title 23, United States Code (but, only in an amount equal to $639,000,000 for such fiscal year). (c) Redistribution of Unused Obligation Authority.--Notwithstanding subsection (a), the Secretary shall after August 1 for such fiscal year revise a distribution of the obligation limitation 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 balances of funds apportioned under sections 104 and 144 of title 23, United States Code, section 160 (as in effect on the day before the enactment of the Transportation Equity Act for the 21st Century) of title 23, United States Code, and under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1943-1945). (d) Applicability of Obligation Limitations to Transportation Research Programs.--The obligation limitation shall apply to transportation research programs carried out under chapter 5 of title 23, United States Code, except that obligation authority made available for such programs under such limitation shall remain available for a period of 3 fiscal years. (e) Redistribution <<NOTE: Deadline.>> of Certain Authorized Funds.--Not later than 30 days after the date of the distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds: (1) that are authorized to be appropriated for such fiscal year for Federal-aid highways programs (other than the program under section 160 of title 23, United States Code) and for carrying out subchapter I of chapter 311 of title 49, United States Code, and highway-related programs under chapter 4 of title 23, United States Code; and (2) that the Secretary determines will not be allocated to the States, and will not be available for obligation, in such fiscal year due to the imposition of any obligation limitation for such fiscal year. Such distribution to the States shall be made in the same ratio as the distribution of obligation authority under subsection (a)(6). The funds so distributed shall be available for any purposes described in section 133(b) of title 23, United States Code. (f) Special Rule.--Obligation limitation distributed for a fiscal year under subsection (a)(4) of this section for a section set forth in subsection (a)(4) shall remain available until used and shall be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. Sec. 311. (a) No recipient of funds made available in this Act shall disseminate personal information (as defined in 18 U.S.C. 2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. (b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in noncompliance with this provision. Sec. 312. None of the funds in this Act shall be available to plan, finalize, or implement regulations that would establish a vessel traffic safety fairway less than five miles wide between [[Page 115 STAT. 858]] the Santa Barbara Traffic Separation Scheme and the San Francisco Traffic Separation Scheme. Sec. 313. <<NOTE: 49 USC 44502 note.>> Notwithstanding any other provision of law, airports may transfer, without consideration, to the Federal Aviation Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement program grant: Provided, That, the Federal Aviation Administration shall accept such equipment, which shall thereafter be operated and maintained by FAA in accordance with agency criteria. Sec. 314. Notwithstanding any other provision of law, and except for fixed guideway modernization projects, funds made available by this Act under ``Federal Transit Administration, Capital investment grants'' for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2004, and other recoveries, shall be made available for other projects under 49 U.S.C. 5309. Sec. 315. Notwithstanding any other provision of law, any funds appropriated before October 1, 2001, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure may be transferred to and administered under the most recent appropriation heading for any such section. Sec. 316. None of the funds in this Act may be used to compensate in excess of 335 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2002. Sec. 317. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's ``Federal-Aid Highways'' account, the Federal Transit Administration's ``Transit Planning and Research'' account, and to the Federal Railroad Administration's ``Safety and Operations'' account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. Sec. 318. Of the funds made available under section 1101(a)(12) and section 1503 of Public Law 105-178, as amended, $52,973,000 are rescinded. Sec. 319. <<NOTE: 49 USC 5327 note.>> Beginning in fiscal year 2002 and thereafter, the Secretary may use up to 1 percent of the amounts made available to carry out 49 U.S.C. 5309 for oversight activities under 49 U.S.C. 5327. Sec. 320. Funds made available for Alaska or Hawaii ferry boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be used to construct new vessels and facilities, or to improve existing vessels and facilities, including both the passenger and vehicle-related elements of such vessels and facilities, and for repair facilities: Provided, That not more than $3,000,000 of the funds made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State of Hawaii to initiate and operate a passenger ferryboat services demonstration project to test the viability of different intra-island and inter-island ferry routes. [[Page 115 STAT. 859]] Sec. 321. Notwithstanding 31 U.S.C. 3302, funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses: Provided, That such funds shall be subject to the obligation limitation for Federal-aid highways and highway safety construction. Sec. 322. Section 3030(a) of the Transportation Equity Act for the 21st Century (Public Law 105-178) <<NOTE: 112 Stat. 373.>> is amended by adding at the end, the following line: ``Washington County--Wilsonville to Beaverton commuter rail.''. Sec. 323. Section 3030(b) of the Transportation Equity Act for the 21st Century (Public Law 105-178) <<NOTE: 112 Stat. 375.>> is amended by adding at the end the following: ``Detroit, Michigan Metropolitan Airport rail project.''. Sec. 324. None of the funds in this Act may be obligated or expended for employee training which: (a) does not meet identified needs for knowledge, skills and abilities bearing directly upon the performance of official duties; (b) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (c) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluations; (d) contains any methods or content associated with religious or quasi- religious belief systems or ``new age'' belief systems as defined in Equal Employment Opportunity Commission Notice N-915.022, dated September 2, 1988; (e) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace; or (f) includes content related to human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) other than that necessary to make employees more aware of the medical ramifications of HIV/AIDS and the workplace rights of HIV-positive employees. Sec. 325. None of the funds in this Act shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegraph, telephone, letter, printed or written material, radio, television, video presentation, electronic communications, or other device, intended or designed to influence in any manner a Member of Congress or of a State legislature to favor or oppose by vote or otherwise, any legislation or appropriation by Congress or a State legislature after the introduction of any bill or resolution in Congress proposing such legislation or appropriation, or after the introduction of any bill or resolution in a State legislature proposing such legislation or appropriation: Provided, That this shall not prevent officers or employees of the Department of Transportation or related agencies funded in this Act from communicating to Members of Congress or to Congress, on the request of any Member, or to members of State legislature, or to a State legislature, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of business. Sec. 326. (a) In General.--None of the funds made available in this Act may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with the Buy American Act (41 U.S.C. 10a-10c). (b) Sense of the Congress; Requirement Regarding Notice.-- [[Page 115 STAT. 860]] (1) Purchase of american-made equipment and products.--In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products to the greatest extent practicable. (2) Notice to recipients of assistance.--In providing financial assistance using funds made available in this Act, the head of each Federal agency shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by the Congress. (c) Prohibition of Contracts With Persons Falsely Labeling Products as Made in America.--If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. Sec. 327. Rebates, refunds, incentive payments, minor fees and other funds received by the Department from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department and allocated to elements of the Department using fair and equitable criteria and such funds shall be available until December 31, 2002. Sec. 328. Notwithstanding any other provision of law, rule or regulation, the Secretary of Transportation is authorized to allow the issuer of any preferred stock heretofore sold to the Department to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary. Sec. 329. For necessary expenses of the Amtrak Reform Council authorized under section 203 of Public Law 105-134, $225,000. Sec. 330. In addition to amounts otherwise made available in this Act, to enable the Secretary of Transportation to make grants for surface transportation projects, $144,000,000, to remain available until expended. Sec. 331. During fiscal year 2002, for providing support to the Department of Defense, the Coast Guard Yard and other Coast Guard specialized facilities designated by the Commandant shall qualify as components of the Department of Defense for competition and workload assignment purposes: Provided, That in addition, for purposes of entering into joint public-private partnerships and other cooperative arrangements for the performance of work, the Coast Guard Yard and other Coast Guard specialized facilities may enter into agreements or other arrangements, receive and retain funds from and pay funds to such public and private entities, and may accept contributions of funds, materials, services, and the use of facilities from such entities: Provided further, That amounts received under this section may be credited to appropriate Coast Guard accounts for fiscal year 2002. Sec. 332. None of the funds in this Act may be used to make a grant unless the Secretary of Transportation notifies the House [[Page 115 STAT. 861]] and Senate Committees on Appropriations not less than 3 full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $1,000,000 or more is announced by the department or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration other than the emergency relief program; (2) the airport improvement program of the Federal Aviation Administration; or (3) any program of the Federal Transit Administration other than the formula grants and fixed guideway modernization programs: Provided, That no notification shall involve funds that are not available for obligation. Sec. 333. (a) None of the funds made available in this Act shall be available for the design or construction of a light rail system in Houston, Texas. (b) Notwithstanding (a), amounts made available in this Act under the heading ``Federal Transit Administration, Capital investment grants'' for a Houston, Texas, Metro advanced transit plan project shall be available for obligation or expenditure subject to the following conditions: (1) Sufficient amounts shall be used for major investment studies in 4 major corridors. (2) The Texas Department of Transportation shall review and comment on the findings of the studies under paragraph (1). Any comments by such department on such findings shall be included in any final report on such studies. (3) If a final report on the studies under paragraph (1) is not available for at least the 1-month period preceding the date of any referendum held by the City of Houston, Texas, or by a county of Texas, regarding approval of the issuance of bonds for funding a light rail system in Houston, Texas, all information developed by such studies regarding passenger and cost estimates for such a system shall be made available to the public at least 1 month before the date of the referendum. Sec. 334. None of the funds made available in this Act may be used for engineering work related to an additional runway at New Orleans International Airport. Sec. 335. None of the funds in this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation or weather reporting: Provided, That the prohibition of funds in this section does not apply to negotiations between the agency and airport sponsors to achieve agreement on ``below-market'' rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities. Sec. 336. Notwithstanding any other provision of law, whenever an allocation is made of the sums authorized to be appropriated for expenditure on the Federal lands highway program, and whenever an apportionment is made of the sums authorized to be appropriated for expenditure on the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway System, the Interstate maintenance program, the bridge program, the Appalachian development highway system, and the minimum guarantee program, the Secretary of Transportation shall deduct a sum in such amount not to exceed two- [[Page 115 STAT. 862]] fifths of 1 percent of all sums so made available, as the Secretary determines necessary, to administer the provisions of law to be financed from appropriations for motor carrier safety programs and motor carrier safety research. The sum so deducted shall remain available until expended: Provided, That any deduction by the Secretary of Transportation in accordance with this paragraph shall be deemed to be a deduction under section 104(a)(1)(B) of title 23, United States Code. Sec. 337. For an airport project that the Administrator of the Federal Aviation Administration (FAA) determines will add critical airport capacity to the national air transportation system, the Administrator is authorized to accept funds from an airport sponsor, including entitlement funds provided under the ``Grants-in-Aid for Airports'' program, for the FAA to hire additional staff or obtain the services of consultants: Provided, That the Administrator is authorized to accept and utilize such funds only for the purpose of facilitating the timely processing, review, and completion of environmental activities associated with such project. Sec. 338. None of the funds made available in this Act may be used to further any efforts toward developing a new regional airport for southeast Louisiana until a comprehensive plan is submitted by a commission of stakeholders to the Administrator of the Federal Aviation Administration and that plan, as approved by the Administrator, is submitted to and approved by the Senate Committee on Appropriations and the House Committee on Appropriations. Sec. 339. Notwithstanding any other provision of law, States may use funds provided in this Act under section 402 of title 23, United States Code, to produce and place highway safety public service messages in television, radio, cinema and print media, and on the Internet in accordance with guidance issued by the Secretary of Transportation: Provided, <<NOTE: Reports.>> That any State that uses funds for such public service messages shall submit to the Secretary a report describing and assessing the effectiveness of the messages: Provided further, That $8,000,000 of the funds allocated for innovative seat belt projects under section 157 of title 23, United States Code, shall be used by the States, as directed by the National Highway Traffic Safety Administrator, to purchase advertising in broadcast or print media to publicize the States' seat belt enforcement efforts during one or more of the Operation ABC National Mobilizations: Provided further, That up to $2,000,000 of the funds allocated for innovative seat belt projects under section 157 of title 23, United States Code, shall be used by the Administrator to evaluate the effectiveness of State seat belt programs that purchase advertising as provided by this section. Sec. 340. Item 1348 of the table contained in section 1602 of the Transportation Equity Act for the 21st Century <<NOTE: 112 Stat. 306.>> is amended by striking ``Extend West Douglas Road'' and inserting ``Construct Gastineau Channel Second Crossing to Douglas Island''. Sec. 341. None of the funds in this Act may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification. [[Page 115 STAT. 863]] Sec. 342. Item 642 in the table contained in section 1602 of the Transportation Equity Act for the 21st Century, relating to Washington, <<NOTE: 112 Stat. 281.>> is amended by striking ``Construct passenger ferry facility to serve Southworth, Seattle'' and inserting ``Passenger only ferry to serve Kitsap and King Counties to Seattle''. Sec. 343. Item 1793 in section 1602 of the Transportation Equity Act for the 21st Century, relating to Washington, <<NOTE: 112 Stat. 322.>> is amended by striking ``Southworth Seattle Ferry'' and inserting ``Passenger only ferry to serve Kitsap and King Counties to Seattle''. Sec. 344. Item 576 in the table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 278) is amended by striking ``Bull Shoals Lake Ferry in Taney County'' and inserting ``Construct the Missouri Center for Advanced Highway Safety (MOCAHS)''. Sec. 345. The transit station operated by the Washington Metropolitan Area Transit Authority located at Ronald Reagan Washington National Airport, and known as the National Airport Station, shall be known and designated as the ``Ronald Reagan Washington National Airport Station''. The Washington Metropolitan Area Transit Authority shall modify the signs at the transit station, and all maps, directories, documents, and other records published by the Authority, to reflect the redesignation. Sec. 346. None of the funds appropriated or otherwise made available in this Act may be made available to any person or entity convicted of violating the Buy American Act (41 U.S.C. 10a-10c). Sec. 347. For fiscal year 2002, notwithstanding any other provision of law, historic covered bridges eligible for Federal assistance under section 1224 of the Transportation Equity Act for the 21st Century, as amended, may be funded from amounts set aside for the discretionary bridge program. Sec. 348. None of the funds provided in this Act or prior Appropriations Acts for Coast Guard ``Acquisition, construction, and improvements'' shall be available after the fifteenth day of any quarter of any fiscal year, unless the Commandant of the Coast Guard first submits a quarterly report to the House and Senate Committees on Appropriations on all major Coast Guard acquisition projects including projects executed for the Coast Guard by the United States Navy and vessel traffic service projects: Provided, That such reports shall include an acquisition schedule, estimated current and year funding requirements, and a schedule of anticipated obligations and outlays for each major acquisition project: Provided further, That such reports shall rate on a relative scale the cost risk, schedule risk, and technical risk associated with each acquisition project and include a table detailing unobligated balances to date and anticipated unobligated balances at the close of the fiscal year and the close of the following fiscal year should the Administration's pending budget request for the acquisition, construction, and improvements account be fully funded: Provided further, That such reports shall also provide abbreviated information on the status of shore facility construction and renovation projects: Provided further, That all information submitted in such reports shall be current as of the last day of the preceding quarter. Sec. 349. Funds provided in this Act for the Transportation Administrative Service Center (TASC) shall be reduced by $5,000,000, which limits fiscal year 2002 TASC obligational authority for elements of the Department of Transportation funded [[Page 115 STAT. 864]] in this Act to no more than $120,323,000: Provided, That such reductions from the budget request shall be allocated by the Department of Transportation to each appropriations account in proportion to the amount included in each account for the Transportation Administrative Service Center. Sec. 350. Safety <<NOTE: 49 USC 13902 note.>> of Cross-Border Trucking Between United States and Mexico. (a) No funds limited or appropriated in this Act may be obligated or expended for the review or processing of an application by a Mexican motor carrier for authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border until the Federal Motor Carrier Safety Administration-- (1)(A) requires a safety examination of such motor carrier to be performed before the carrier is granted conditional operating authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border; (B) requires the safety examination to include-- (i) verification of available performance data and safety management programs; (ii) verification of a drug and alcohol testing program consistent with part 40 of title 49, Code of Federal Regulations; (iii) verification of that motor carrier's system of compliance with hours-of-service rules, including hours- of-service records; (iv) verification of proof of insurance; (v) a review of available data concerning that motor carrier's safety history, and other information necessary to determine the carrier's preparedness to comply with Federal Motor Carrier Safety rules and regulations and Hazardous Materials rules and regulations; (vi) an inspection of that Mexican motor carrier's commercial vehicles to be used under such operating authority, if any such commercial vehicles have not received a decal from the inspection required in subsection (a)(5); (vii) an evaluation of that motor carrier's safety inspection, maintenance, and repair facilities or management systems, including verification of records of periodic vehicle inspections; (viii) verification of drivers' qualifications, including a confirmation of the validity of the Licencia de Federal de Conductor of each driver of that motor carrier who will be operating under such authority; and (ix) an interview with officials of that motor carrier to review safety management controls and evaluate any written safety oversight policies and practices. (C) requires that-- (i) Mexican motor carriers with three or fewer commercial vehicles need not undergo on-site safety examination; however 50 percent of all safety examinations of all Mexican motor carriers shall be conducted onsite; and (ii) such on-site inspections shall cover at least 50 percent of estimated truck traffic in any year. (2) requires a full safety compliance review of the carrier consistent with the safety fitness evaluation procedures set forth in part 385 of title 49, Code of Federal Regulations, and gives the motor carrier a satisfactory rating, before the [[Page 115 STAT. 865]] carrier is granted permanent operating authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border, and requires that any such safety compliance review take place within 18 months of that motor carrier being granted conditional operating authority, provided that-- (A) Mexican motor carriers with three or fewer commercial vehicles need not undergo onsite compliance review; however 50 percent of all compliance reviews of all Mexican motor carriers shall be conducted on-site; and (B) any Mexican motor carrier with 4 or more commercial vehicles that did not undergo an on-site safety exam under (a)(1)(C), shall undergo an on-site safety compliance review under this section. (3) requires Federal and State inspectors to verify electronically the status and validity of the license of each driver of a Mexican motor carrier commercial vehicle crossing the border; (A) for every such vehicle carrying a placardable quantity of hazardous materials; (B) whenever the inspection required in subsection (a)(5) is performed; and (C) randomly for other Mexican motor carrier commercial vehicles, but in no case less than 50 percent of all other such commercial vehicles. (4) gives a distinctive Department of Transportation number to each Mexican motor carrier operating beyond the commercial zone to assist inspectors in enforcing motor carrier safety regulations including hours-of-service rules under part 395 of title 49, Code of Federal Regulations; (5) requires, with the exception of Mexican motor carriers that have been granted permanent operating authority for three consecutive years-- (A) inspections of all commercial vehicles of Mexican motor carriers authorized, or seeking authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border that do not display a valid Commercial Vehicle Safety Alliance inspection decal, by certified inspectors in accordance with the requirements for a Level I Inspection under the criteria of the North American Standard Inspection (as defined in section 350.105 of title 49, Code of Federal Regulations), including examination of the driver, vehicle exterior and vehicle under-carriage; (B) a Commercial Vehicle Safety Alliance decal to be affixed to each such commercial vehicle upon completion of the inspection required by clause (A) or a re- inspection if the vehicle has met the criteria for the Level I inspection; and (C) that any such decal, when affixed, expire at the end of a period of not more than 90 days, but nothing in this paragraph shall be construed to preclude the Administration from requiring reinspection of a vehicle bearing a valid inspection decal or from requiring that such a decal be removed when a certified Federal or State inspector determines that such a vehicle has a safety violation subsequent to the inspection for which the decal was granted. [[Page 115 STAT. 866]] (6) requires State inspectors who detect violations of Federal motor carrier safety laws or regulations to enforce them or notify Federal authorities of such violations; (7)(A) equips all United States-Mexico commercial border crossings with scales suitable for enforcement action; equips 5 of the 10 such crossings that have the highest volume of commercial vehicle traffic with weigh-in-motion (WIM) systems; ensures that the remaining 5 such border crossings are equipped within 12 months; requires inspectors to verify the weight of each Mexican motor carrier commercial vehicle entering the United States at said WIM equipped high volume border crossings; and (B) initiates a study to determine which other crossings should also be equipped with weigh-in-motion systems; (8) the Federal Motor Carrier Safety Administration has implemented a policy to ensure that no Mexican motor carrier will be granted authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border unless that carrier provides proof of valid insurance with an insurance company licensed in the United States; (9) requires commercial vehicles operated by a Mexican motor carrier to enter the United States only at commercial border crossings where and when a certified motor carrier safety inspector is on duty and where adequate capacity exists to conduct a sufficient number of meaningful vehicle safety inspections and to accommodate vehicles placed out-of-service as a result of said inspections. (10) <<NOTE: Publication.>> publishes-- (A) interim final regulations under section 210(b) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31144 note) that establish minimum requirements for motor carriers, including foreign motor carriers, to ensure they are knowledgeable about Federal safety standards, that may include the administration of a proficiency examination; (B) interim final regulations under section 31148 of title 49, United States Code, that implement measures to improve training and provide for the certification of motor carrier safety auditors; (C) a policy under sections 218(a) and (b) of that Act (49 U.S.C. 31133 note) establishing standards for the determination of the appropriate number of Federal and State motor carrier inspectors for the United States-Mexico border; (D) a policy under section 219(d) of that Act (49 U.S.C. 14901 note) that prohibits foreign motor carriers from leasing vehicles to another carrier to transport products to the United States while the lessor is subject to a suspension, restriction, or limitation on its right to operate in the United States; and (E) a policy under section 219(a) of that Act (49 U.S.C. 14901 note) that prohibits foreign motor carriers from operating in the United States that is found to have operated illegally in the United States. (b) No vehicles owned or leased by a Mexican motor carrier and carrying hazardous materials in a placardable quantity may be permitted to operate beyond a United States municipality or [[Page 115 STAT. 867]] commercial zone until the United States has completed an agreement with the Government of Mexico which ensures that drivers of such vehicles carrying such placardable quantities of hazardous materials meet substantially the same requirements as United States drivers carrying such materials. (c) No vehicles owned or leased by a Mexican motor carrier may be permitted to operate beyond United States municipalities and commercial zones under conditional or permanent operating authority granted by the Federal Motor Carrier Safety Administration until-- (1) <<NOTE: Deadline.>> the Department of Transportation Inspector General conducts a comprehensive review of border operations within 180 days of enactment to verify that-- (A) all new inspector positions funded under this Act have been filled and the inspectors have been fully trained; (B) each inspector conducting on-site safety compliance reviews in Mexico consistent with the safety fitness evaluation procedures set forth in part 385 of title 49, Code of Federal Regulations, is fully trained as a safety specialist; (C) the requirement of subparagraph (a)(2) has not been met by transferring experienced inspectors from other parts of the United States to the United States- Mexico border, undermining the level of inspection coverage and safety elsewhere in the United States; (D) the Federal Motor Carrier Safety Administration has implemented a policy to ensure compliance with hours-of-service rules under part 395 of title 49, Code of Federal Regulations, by Mexican motor carriers seeking authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border; (E) the information infrastructure of the Mexican government is sufficiently accurate, accessible, and integrated with that of United States enforcement authorities to allow United States authorities to verify the status and validity of licenses, vehicle registrations, operating authority and insurance of Mexican motor carriers while operating in the United States, and that adequate telecommunications links exist at all United States-Mexico border crossings used by Mexican motor carrier commercial vehicles, and in all mobile enforcement units operating adjacent to the border, to ensure that licenses, vehicle registrations, operating authority and insurance information can be easily and quickly verified at border crossings or by mobile enforcement units; (F) there is adequate capacity at each United States-Mexico border crossing used by Mexican motor carrier commercial vehicles to conduct a sufficient number of meaningful vehicle safety inspections and to accommodate vehicles placed out-of-service as a result of said inspections; (G) there is an accessible database containing sufficiently comprehensive data to allow safety monitoring of all Mexican motor carriers that apply for authority to operate commercial vehicles beyond United States municipalities and commercial zones on the United States-Mexico border and the drivers of those vehicles; and [[Page 115 STAT. 868]] (H) measures are in place to enable United States law enforcement authorities to ensure the effective enforcement and monitoring of license revocation and licensing procedures of Mexican motor carriers. (2) <<NOTE: Certification.>> The Secretary of Transportation certifies in writing in a manner addressing the Inspector General's findings in paragraphs (c)(1)(A) through (c)(1)(H) of this section that the opening of the border does not pose an unacceptable safety risk to the American public. (d) <<NOTE: Deadline.>> The Department of Transportation Inspector General shall conduct another review using the criteria in (c)(1)(A) through (c)(1)(H) consistent with paragraph (c) of this section, 180 days after the first review is completed, and at least annually thereafter. (e) For purposes of this section, the term ``Mexican motor carrier'' shall be defined as a Mexico-domiciled motor carrier operating beyond United States municipalities and commercial zones on the United States- Mexico border. (f) In addition to amounts otherwise made available in this Act, to be derived from the Highway Trust Fund, there is hereby appropriated to the Federal Motor Carrier Safety Administration, $25,866,000 for the salary, expense, and capital costs associated with the requirements of this section. Sec. 351. Notwithstanding any other provision of law, for the purpose of calculating the non-federal contribution to the net project cost of the Regional Transportation Commission Resort Corridor Fixed Guideway Project in Clark County, Nevada, the Secretary of Transportation shall include all non-federal contributions (whether public or private) made on or after January 1, 2000 for engineering, final design, and construction of any element or phase of the project, including any fixed guideway project or segment connecting to that project, and also shall allow non-federal funds (whether public or private) expended on one element or phase of the project to be used to meet the non-federal share requirement of any element or phase of the project. Sec. 352. (a) Findings.--Congress makes the following findings: (1) The condition of highway, railway, and waterway infrastructure across the Nation varies widely and is in need of improvement and investment. (2) Thousands of tons of hazardous materials, including a very small amount of high-level radioactive material, are transported along the Nation's highways, railways, and waterways each year. (3) The volume of hazardous material transport increased by over one-third in the last 25 years and is expected to continue to increase. Some propose significantly increasing radioactive material transport. (4) Approximately 261,000 people were evacuated across the Nation because of rail-related incidents involving hazardous materials between 1978 and 1995, and during that period industry reported 8 transportation accidents involving the small volume of high level radioactive waste transported during that period. (5) The Federal Railroad Administration has significantly decreased railroad inspections and has allocated few resources since 1993 to assure the structural integrity of railroad bridges. Train derailments have increased by 18 percent over roughly the same period. [[Page 115 STAT. 869]] (6) The poor condition of highway, railway, and waterway infrastructure, increases in the volume of hazardous material transport, and proposed increases in radioactive material transport increase the risk of incidents involving such materials. (7) Measuring the risks of hazardous or radioactive material incidents and preventing such incidents requires specific information concerning the condition and suitability of specific transportation routes contemplated for such transport to inform and enable investment in related infrastructure. (8) Mitigating the impact of hazardous and radioactive material transportation incidents requires skilled, localized, and well-equipped emergency response personnel along all specifically identified transportation routes. (9) Incidents involving hazardous or radioactive material transport pose threats to the public health and safety, the environment, and the economy. (b) Study.--The Secretary of Transportation shall, in consultation with the Comptroller General of the United States, conduct a study of the effects to public health and safety, the environment, and the economy associated with the transportation of hazardous and radioactive material. (c) Matters to be Addressed.--The study under subsection (b) shall address the following matters: (1) Whether the Federal Government conducts or reviews individualized and detailed evaluations and inspections of the condition and suitability of specific transportation routes for the current, and any anticipated or proposed, transport of hazardous and radioactive material, including whether resources and information are adequate to conduct such evaluations and inspections. (2) The costs and time required to ensure adequate inspection of specific transportation routes and related infrastructure and to complete the infrastructure improvements necessary to ensure the safety of current, and any anticipated or proposed, hazardous and radioactive material transport. (3) Whether emergency preparedness personnel, emergency response personnel, and medical personnel are adequately trained and equipped to promptly respond to incidents along specific transportation routes for current, anticipated, or proposed hazardous and radioactive material transport. (4) The costs and time required to ensure that emergency preparedness personnel, emergency response personnel, and medical personnel are adequately trained and equipped to promptly respond to incidents along specific transportation routes for current, anticipated, or proposed hazardous and radioactive material transport. (5) The availability of, or requirements to, establish governmental and commercial information collection and dissemination systems adequate to provide public and emergency responders in an accessible manner, with timely, complete, specific, and accurate information (including databases) concerning actual, proposed, or anticipated shipments by highway, railway, or waterway of hazardous and radioactive materials, including incidents involving the transportation of such materials by those means and the public safety implications of such dissemination. [[Page 115 STAT. 870]] (d) Deadline for Completion.--The study under subsection (b) shall be completed not later than 6 months after the date of the enactment of this Act. (e) Report.--Upon completion of the study under subsection (b), the Secretary shall submit to Congress a report on the study. Sec. 353. <<NOTE: State listing.>> In selecting projects to carry out using funds apportioned under section 110 of title 23, United States Code, the States of Georgia, Alabama, and Mississippi shall give priority consideration to the following projects: (1) Improving Johnson Ferry Road from the Chattahoochee River to Abernathy Road, including the bridge over the Chattahoochee River, Georgia. (2) Widening Abernathy Road from 2 to 4 lanes from Johnson Ferry Road to Roswell Road, Georgia. (3) Constructing approaches to the Patton Island Bridge, Alabama. (4) Planning, design, engineering, and construction of an interchange on I-55, at approximately mile marker 114, and connector roads in Madison County, Mississippi. Sec. 354. Section 355(a) of the National Highway System Designation Act of 1995 (109 Stat. 624) is amended by striking ``has achieved'' and all that follows and inserting the following: ``has achieved a safety belt use rate of not less than 50 percent.''. Sec. 355. <<NOTE: Deadline. Reports. Tennessee.>> Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall conduct a study and submit to Congress a report on the costs and benefits of constructing a third bridge across the Mississippi River in the Memphis, Tennessee, metropolitan area. Sec. 356. (a) Congress makes the following findings: (1) Section 345 of the National Highway System Designation Act of 1995 authorizes limited relief to drivers of certain types of commercial motor vehicles from certain restrictions on maximum driving time and on-duty time. (2) Subsection (c) of that section requires the Secretary of Transportation to determine by rulemaking proceedings that the exemptions granted are not in the public interest and adversely affect the safety of commercial motor vehicles. (3) Subsection (d) of that section requires the Secretary of Transportation to monitor the safety performance of drivers of commercial motor vehicles who are subject to an exemption under section 345 and report to Congress prior to the rulemaking proceedings. (b) It is the sense of Congress that the Secretary of Transportation should not take any action that would diminish or revoke any exemption in effect on the date of the enactment of this Act for drivers of vehicles under section 345 of the National Highway System Designation Act of 1995 (Public Law 104-59; 109 Stat. 613; 49 U.S.C. 31136 note) unless the requirements of subsections (c) and (d) of such section are satisfied. Sec. 357. <<NOTE: Government organization.>> Point Retreat Light Station shall be transferred to the Alaska Lighthouse Association consistent with the terms and conditions of section 416(b)(2) of Public Law 105-383. Sec. 358. Priority Highway Projects, Minnesota. In selecting projects to carry out using funds apportioned under section 110 of title 23, United States Code, the State of Minnesota shall give priority consideration to the following projects: [[Page 115 STAT. 871]] (1) The Southeast Main and Rail Relocation Project in Moorhead, Minnesota. (2) Improving access to and from I-35 W at Lake Street in Minneapolis, Minnesota. Sec. 359. Notwithstanding any other provision of law, the Secretary of Transportation shall approve the use of funds apportioned under paragraphs (1) and (3) of section 104(b) of title 23, United States Code, for construction of Type II noise barriers-- (1) at the locations identified in section 358 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (113 Stat. 1027); (2) on the west side of Interstate Route 285 from Henderson Mill Road to Chamblee Tucker Road in DeKalb County, Georgia; (3) on the east and west side of Interstate Route 85, extending from Virginia Avenue to Metropolitan Parkway in Fulton County, Georgia; (4) on the east and west sides of Interstate 285 from the South Fulton Parkway/Interstate Route 85 interchange north to Interstate Route 20; (5) on the east side of Interstate Route 75 from Howell Mill Road to West Paces Ferry Road in Fulton County, Georgia; (6) on the east and west sides of Interstate Route 75 between Chastain Road and Georgia State Route 92 in Cobb and Cherokee Counties, Georgia; and (7) on the south side of Interstate 95 in Bensalem Township, between exit 25 and exit 26, Bucks County, Pennsylvania. Sec. 360. Notwithstanding any other provision of law, of the funds apportioned to the State of Oklahoma under section 110 of title 23, United States Code, for fiscal year 2001, the $4,300,000 specified under the heading ``Federal-Aid Highways (Limitation on Obligations)'' in the Department of Transportation and Related Agencies Appropriations Act, 2001 (Public Law 106-346) for reconstruction of U.S. 177 in the vicinity of Cimarron River, Oklahoma, shall be available instead only for the widening of U.S. 177 from SH-33 to 32nd Street in Stillwater, Oklahoma, and such amount shall be subject to the provisions of the last proviso under such heading. Sec. 361. Section 3030(d)(3) of the Transportation Equity Act for the 21st Century (Public Law 105-178) <<NOTE: 112 Stat. 379.>> is amended by inserting at the end: ``(D) Alabama State Docks intermodal passenger and freight facility.''. Sec. 362. Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032) is amended by adding at the end the following: ``(44) The Louisiana Highway 1 corridor from Grand Isle, Louisiana, along Louisiana Highway 1, to the intersection with United States Route 90.''. Sec. 363. Item 425 in the table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 272) is amended by striking ``Extend'' and all that follows through ``Parish'' and inserting the following: ``Extend and improve Louisiana Route 42 from and along U.S. 61 to I-10 in Ascension and East Baton Rouge Parishes''. Sec. 364. Items 111 and 1583 in the table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 [[Page 115 STAT. 872]] Stat. 261 and 315), relating to Kentucky, are each amended by inserting after ``Paducah'' the following: ``and other areas in the city of Paducah and McCracken County, Kentucky''. Sec. 365. (a) Section 1105(c)(3) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240), as amended, <<NOTE: 105 Stat. 2032.>> is hereby further amended by striking: ``then to a Kentucky Corridor centered on the cities of Pikeville, Jenkins, Hazard, London, Somerset, Columbia, Bowling Green, Hopkinsville, Benton, and Paducah'' and inserting: ``then to a Kentucky Corridor centered on the cities of Pikeville, Jenkins, Hazard, London, and Somerset; then, generally following the Louie B. Nunn Parkway corridor from Somerset to Columbia, to Glasgow, to I-65; then to Bowling Green, Hopkinsville, Benton, and Paducah''. (b) Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240), as amended, is hereby further amended by inserting after ``subsection (c)(1)'', the following: ``subsection (c)(3) (solely as it relates to the Kentucky Corridor),''. Sec. 366. Section 1105(c)(18) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240), as amended, is hereby further amended by adding: ``(E) In Kentucky, the corridor shall utilize the existing Purchase Parkway from the Tennessee State line to Interstate 24.''. Sec. 367. Section 1105(e)(5)(B)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240), as amended, is hereby further amended by adding: ``The Louie B. Nunn Parkway corridor referred to in subsection (c)(3) shall be designated as Interstate Route 66. A State having jurisdiction over any segment of routes and/or corridors referred to in subsections (c)(3) shall erect signs identifying such segment that is consistent with the criteria set forth in subsections (e)(5)(A)(i) and (e)(5)(A)(ii) as Interstate Route 66. Notwithstanding the provisions of subsections (e)(5)(A)(i) and (e)(5)(A)(ii), or any other provisions of this Act, the Commonwealth of Kentucky shall erect signs, as approved by the Secretary, identifying the routes and/or corridors described in subsection (c)(3) for the Commonwealth, as segments of future Interstate Route 66. The Purchase Parkway corridor referred to in subsection (c)(18)(E) shall be designated as Interstate Route 69. A State having jurisdiction over any segment of routes and/or corridors referred to in subsections (c)(18) shall erect signs identifying such segment that is consistent with the criteria set forth in subsections (e)(5)(A)(i) and (e)(5)(A)(ii) as Interstate Route 69. Notwithstanding the provisions of subsections (e)(5)(A)(i) and (e)(5)(A)(ii), or any other provisions of this Act, the Commonwealth of Kentucky shall erect signs, as approved by the Secretary, identifying the routes and/or corridors described in subsection (c)(18) for the Commonwealth, as segments of future Interstate Route 69.''. Sec. 368. Notwithstanding any other provision of law, any funds made available to the southern coalition for advanced transportation (SCAT) in the Department of Transportation and Related Agencies Appropriations Act, 2000, Public Law 106-69, under Capital Investment Grants, or identified in the conference report accompanying the Department of Transportation and Related Agencies Appropriations Act, 2001, Public Law 106-346, that remain unobligated shall be transferred to Transit Planning and [[Page 115 STAT. 873]] Research and made available to the electric transit vehicle institute (ETVI) in Tennessee for research administered under the provisions of 49 U.S.C. 5312. Sec. 369. Chapter 9 of title II of the Supplemental Appropriations Act, 2001 (Public Law 107-20) <<NOTE: Ante, p. 187.>> is amended by deleting the heading ``(Highway Trust Fund)'' under the heading ``Federal-aid Highways''; and inserting in the body under the heading ``Federal-aid Highways'' after ``available'' the following: ``from the Highway Trust Fund (other than the mass transit account) or the general fund''; and striking ``103-311'' and inserting in lieu thereof ``103- 331''. Sec. 370. Notwithstanding the project descriptions contained in table item number 865 of section 1602 of Public Law 105-178, table item number 77 of section 1106(a) of Public Law 102-240 and section 1069(d) relating to the Riverside Expressway in Fairmont, West Virginia, amounts available under such provision shall be available to carry out any project eligible under title 23, United States Code, in the vicinity of Fairmont, West Virginia. Sec. 371. Item 71 in the table contained in section 1602 of the Transportation Equity Act for the 21st Century, Public Law 105- 178, <<NOTE: 112 Stat. 259.>> is amended by replacing ``restore First and Main Streets to two-way traffic'' with ``traffic safety and pedestrian improvements in downtown Miamisburg''. Sec. 372. Item 258 in the table under the heading ``Capital Investment Grants'' in title I of the Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106-69; 113 Stat. 1006) is amended by striking ``Killington-Sherburne satellite bus facility'' and inserting ``Marble Valley Regional Transit District buses''. Sec. 373. Of the funds available in item 73 of the table contained in section 1106(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240), $5,700,000 shall be available for construction of a parking facility for the inner harbor/redevelopment project in Buffalo, New York. Sec. 374. Of the funds available in item 630 of the table contained in section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105-178) as amended by section 1102 of chapter 11 of the Consolidated Appropriations Act, 2001 (Public Law 106-554) shall be available for the construction of a parking facility for the inner harbor/redevelopment project in Buffalo, New York. [[Page 115 STAT. 874]] This Act may be cited as the ``Department of Transportation and Related Agencies Appropriations Act, 2002''. Approved December 18, 2001. LEGISLATIVE HISTORY--H.R. 2299 (S. 1178): --------------------------------------------------------------------------- HOUSE REPORTS: Nos. 107-108 (Comm. on Appropriations) and 107-308 (Comm. of Conference). SENATE REPORTS: No. 107-38 accompanying S. 1178 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 147 (2001): June 26, considered and passed House. July 19, 20, 23-27, Aug. 1, considered and passed Senate, amended. Nov. 30, House agreed to conference report. Dec. 4, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): Dec. 18, Presidential statement. <all>