2000
[DOCID: f:h2299eas.txt]
In the Senate of the United States,
August 1, 2001.
Resolved, That the bill from the House of Representatives (H.R.
2299) entitled ``An Act making appropriations for the Department of
Transportation and related agencies for the fiscal year ending
September 30, 2002, and for other purposes.'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
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, $67,349,000:
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, there may be credited to this appropriation up
to $2,500,000 in funds received in user fees.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $8,500,000.
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, $15,592,000.
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 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, of which $2,635,000 shall 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.
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, $3,427,588,000, of which $695,000,000 shall be
available for defense-related activities including drug interdiction;
and of which $25,000,000 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 for 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 $13,541,000 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, revised personnel policies and expanded 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.
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, $669,323,000, of which
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund;
of which $79,640,000 shall be available to acquire, repair, renovate or
improve vessels, small boats and related equipment, to remain available
until September 30, 2006; $12,500,000 shall be available to acquire new
aircraft and increase aviation capability, to remain available until
September 30, 2004; $97,921,000 shall be available for other equipment,
to remain available until September 30, 2004; $88,862,000 shall be
available for shore facilities and aids to navigation facilities, to
remain available until September 30, 2004; $65,200,000 shall be
available for personnel compensation and benefits and related costs, to
remain available until September 30, 2003; and $325,200,000 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 th
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e 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 contract delineating sub-headings as
follows: systems integrator, ship construction, aircraft, equipment,
and communications, providing specific assets and costs under each sub-
heading.
(rescissions)
Of the amounts made available under this heading in Public Laws
105-277, 106-69, and 106-346, $8,700,000 are rescinded.
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, $21,722,000, 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.
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,
$6,916,000,000, of which $5,777,219,000 shall be derived from the
Airport and Airway Trust Fund: Provided, 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, 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.
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.
Research, Engineering, and Development
(airport and airway trust fund)
For necessar
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y 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, $195,808,000, 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.
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 administration of such programs and
of programs under section 40117 of such title; 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
$64,597,000 of funds limited under this heading shall be obligated for
administration: Provided further, That of the funds under this heading,
not more than $10,000,000 may be available to carry out the Essential
Air Service program under subchapter II of chapter 417 of title 49
U.S.C., pursuant to section 41742(a) of such title.
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.
Small Community Air Service Development
For necessary expenses to carry out the Small Community Air Service
Development Pilot Program under section 41743 of title 49 U.S.C.,
$20,000,000, to remain available until expended.
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 $316,521,000, of which
$25,000,000 shall be available to the National Scenic Byways program,
$500,000 shall be for the Kalispell, Montana Bypass Project, and the
remainder 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
104(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; $7,000,000 shall be
available for motor carrier safety research; $375,000 shall be
available for a traffic project for Auburn University; and $11,000,000
shall be available for the motor carrier crash data improvement
program, the commercial driver's license improvement program, and the
motor carrier 24-hour telephone hotline.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
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 $31,919,103,000 for Federal-aid highways and highway
safety construction programs for fiscal year 2002: Provided, That
within the $31,919,103,000 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 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:
Indiana Statewide, $1,500,000;
Southeast Corridor, Colorado, $9,900,000;
Jackson Metropolitan, Mississippi, $1,000,000;
Harrison County, Mississippi, $1,000,000;
Indiana, SAFE-T, $3,000,000;
Maine Statewide (Rural), $1,000,000;
Atlanta Metropolitan GRTA, Georgia, $1,000,000;
Moscow, Idaho, $2,000,000;
Washington Metropolitan Region, $4,000,000;
Travel Network, South Dakota, $3,200,000;
Central Ohio, $3,000,000;
Delaware Statewide, $4,000,000;
Santa Teresa, New Mexico, $1,500,000;
Fargo, North Dakota, $1,500,000;
Illinois Statewide, $3,750,000;
Forsyth, Guilford Counties, North Carolina, $2,000,000;
Durham, Wake Counties, North Carolina, $1,000,000;
Chattanooga, Tennessee, $2,380,000;
Nebraska Statewide, $5,000,000;
South Carolina Statewide, $7,000,000;
Texas Statewide, $4,000,000;
Hawaii Statewide, $1,750,000;
Wisconsin Statewide, $2,000,000;
Arizona Statewide EMS, $1,000,000;
Vermont Statewide (Rural), $1,500,000;
Rutland, Vermont, $1,200,000;
Detroit, Michigan (Airport), $4,500,000;
Macomb, Michigan (border crossing), $2,000,000;
Sacramento, California, $6,000,000;
Lexington, Kentucky, $1,500,000;
Maryland Statewide, $2,000,000;
Clark County, Washington, $1,000,000;
Washington Statewide, $6,000,000;
Southern Nevada (bus), $2,200,000;
Santa Anita, California, $1,000,000;
Las Vegas, Nevada, $3,000,000;
North Greenbush, New York, $2,000,000;
New York, New Jersey, Connecticut (TRANSCOM), $7,000,000;
Crash Notification, Alabama, $2,500,000;
Philadelphia, Pennsylvania (Drexel), $3,000,000;
Pennsylvania Statewide (Turnpike), $1,000,000;
Alaska Statewide, $3,000,000;
St. Louis, Missouri, $1,500,000;
Wisconsin Communications Network, $620,000:
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
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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; $4,989,367
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; $230,681,878
shall be 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; $13,129,913
shall be set aside for the program authorized under section 118(c) of
title 23, United States Code; $13,129,913 shall be set aside for the
program authorized under section 144(g) of title 23, United States
Code; $55,000,000 shall be set aside for the program authorized under
section 1221 of the Transportation Equity Act for the 21st Century, as
amended; $100,000,000 shall be set aside to carry out a matching grant
program to promote access to alternative methods of transportation;
$45,000,000 shall be set aside to carry out a pilot program that
promotes innovative transportation solutions for people with
disabilities; 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, $350,000,000, 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.
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
$105,000,000 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, of which $5,000,000 is for the motor carrier safety
operations program: Provided, That such amounts shall be available to
carry out the functions and operations of the Federal Motor Carrier
Safety Administration.
(rescission)
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)
(including rescission of contract authorization)
For payment of obligations incurred in carrying out 49 U.S.C.
31102, 31106 and 31309, $204,837,000, 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
$183,059,000 for ``Motor Carrier Safety Grants'', and ``Information
Systems'': Provided further, That notwithstanding any other provision
of law, of the $22,837,000 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.
Of the unobligated balances authorized under 49 U.S.C. 31102,
31106, and 31309, $2,332,546 are rescinded.
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, $132,000,000 of which $96,360,000 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.
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)
(including rescission of contract authorization)
Not
2000
withstanding 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 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.
Of the unobligated balances authorized under 23 U.S.C. 402, 405,
410, and 411, $468,600 are rescinded.
FEDERAL RAILROAD ADMINISTRATION
Safety and Operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $111,357,000, of which $6,159,000 shall remain
available until expended: Provided, That, as part of the Washington
Union Station transaction in which the Secretary assumed the first deed
of trust on the property and, where the Union Station Redevelopment
Corporation or any successor is obligated to make payments on such deed
of trust on the Secretary's behalf, including payments on and after
September 30, 1988, the Secretary is authorized to receive such
payments directly from the Union Station Redevelopment Corporation,
credit them to the appropriation charged for the first deed of trust,
and make payments on the first deed of trust with those funds: Provided
further, That such additional sums as may be necessary for payment on
the first deed of trust may be advanced by the Administrator from
unobligated balances available to the Federal Railroad Administration,
to be reimbursed from payments received from the Union Station
Redevelopment Corporation.
Railroad Research and Development
For necessary expenses for railroad research and development,
$30,325,000, 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, $40,000,000, 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.
National Rail Development and Rehabilitation
To enable the Secretary to make grants and enter into contracts for
the development and rehabilitation of freight and passenger rail
infrastructure, $12,000,000, 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 $67,000,000 of
budget authority shall be available for these purposes: Provided
further, That of the funds in this Act available for 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
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, 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 105-78, $3,350,000 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 f
2000
or 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).
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, $668,200,000, to remain available until expended: Provided, That
no more than $2,941,000,000 of budget authority shall be available for
these purposes: Provided further, That notwithstanding any other
provision of law, 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 $3,350,000 transferred from ``Federal Transit
Administration, Formula grants'' to allow the Secretary to make a grant
of $350,000 to Alameda Contra Costa County Transit District, California
and a grant of $6,000,000 for Central Oklahoma Transit facilities and
there shall be available for new fixed guideway systems $1,236,400,000,
to be available for transit new starts; to be available as follows:
$192,492 for Denver, Colorado, Southwest corridor light
rail transit project;
$3,000,000 for Northeast Indianapolis downtown corridor
project;
$3,000,000 for Northern Indiana South Shore commuter rail
project;
$15,000,000 for Salt Lake City, Utah, CBD to University
light rail transit project;
$6,000,000 for Salt Lake City, Utah, University Medical
Center light rail transit extension project;
$2,000,000 for Salt Lake City, Utah, Ogden-Provo commuter
rail project;
$4,000,000 for Wilmington, Delaware, Transit Corridor
project;
$500,000 for Yosemite Area Regional Transportation System
project;
$60,000,000 for Denver, Colorado, Southeast corridor light
rail transit project;
$10,000,000 for Kansas City, Missouri, Central Corridor
Light Rail transit project;
$25,000,000 for Atlanta, Georgia, MARTA extension project;
$2,000,000 for Maine Marine Highway development project;
$151,069,771 for New Jersey, Hudson-Bergen light rail
transit project;
$20,000,000 for Newark-Elizabeth, New Jersey, rail link
project;
$3,000,000 for New Jersey Urban Core Newark Penn Station
improvements project;
$7,000,000 for Cleveland, Ohio, Euclid corridor extension
project;
$2,000,000 for Albuquerque, New Mexico, light rail project;
$35,000,000 for Chicago, Illinois, Douglas branch
reconstruction project;
$5,000,000 for Chicago, Illinois, Ravenswood line extension
project;
$24,223,268 for St. Louis, Missouri, Metrolink St. Clair
extension project;
$30,000,000 for Chicago, Illinois, Metra North central,
South West, Union Pacific commuter project;
$10,000,000 for Charlotte, North Carolina, South corridor
light rail transit project;
$9,000,000 for Raleigh, North Carolina, Triangle transit
project;
$65,000,000 for San Diego, California, Mission Valley East
light rail transit extension project;
$10,000,000 for Los Angeles, California, East Side corridor
light rail transit project;
$80,605,331 for San Francisco, California, BART extension
project;
$9,289,557 for Los Angeles, California, North Hollywood
extension project;
$5,000,000 for Stockton, California, Altamont commuter rail
project;
$113,336 for San Jose, California, Tasman West, light rail
transit project;
$6,000,000 for Nashville, Tennessee, Commuter rail project;
$19,170,000 for Memphis, Tennessee, Medical Center rail
extension project;
$150,000 for Des Moines, Iowa, DSM bus feasibility project;
$100,000 for Macro Vision Pioneer, Iowa, light rail
feasibility project;
$3,500,000 for Sioux City, Iowa, light rail project;
$300,000 for Dubuque, Iowa, light rail feasibility project;
$2,000,000 for Charleston, South Carolina, Monobeam
project;
$5,000,000 for Anderson County, South Carolina, transit
system project;
$70,000,000 for Dallas, Texas, North central light rail
transit extension project;
$25,000,000 for Houston, Texas, Metro advanced transit plan
project;
$4,000,000 for Fort Worth, Texas, Trinity railway express
project;
$12,000,000 for Honolulu, Hawaii, Bus rapid transit
project;
$10,631,245 for Boston, Massachusetts, South Boston Piers
transitway project;
$1,000,000 for Boston, Massachusetts, Urban ring transit
project;
$4,000,000 for Kenosha-Racine, Milwaukee Wisconsin,
commuter rail extension project;
$23,000,000 for New Orleans, Louisiana, Canal Street car
line project;
$7,000,000 for New Orleans, Louisiana, Airport CBD commuter
rail project;
$3,000,000 for Burlington, Vermont, Burlington to
Middlebury rail line project;
$1,000,000 for Detroit, Michigan, light rail airport link
project;
$1,500,000 for Grand Rapids, Michigan, ITP metro area,
major corridor project;
$500,000 for Iowa, Metrolink light rail feasibility
project;
$6,000,000 for Fairfield, Connecticut, Commuter rail
project;
$4,000,000 for Stamford, Connecticut, Urban transitway
project;
$3,000,000 for Little Rock, Arkansas, River rail project;
$14,000,000 for Maryland, MARC commuter rail improvements
projects;
$3,000,000 for Baltimore, Maryland rail transit project;
$60,000,000 for Largo, Maryland, metrorail extension
project;
$18,110,000 for Baltimore, Maryland, central light rail
transit double track project;
$24,500,000 for Puget Sound, Washington, Sounder commuter
rail project;
$30,000,000 for Fort Lauderdale, Florida, Tri-County
commuter rail project;
$8,000,000 for Pawtucket-TF Green, Rhode Island, commuter
rail and maintenance facility project;
$1,500,000 for Johnson County, Kansas, commuter rail
project;
$20,000,000 for Long Island Railroad,
2000
New York, east side
access project;
$3,000,000 for New York, New York, Second Avenue subway
project;
$4,000,000 for Birmingham, Alabama, transit corridor
project;
$5,000,000 for Nashua, New Hampshire-Lowell, Massachusetts,
commuter rail project;
$10,000,000 for Pittsburgh, Pennsylvania, North Shore
connector light rail extension project;
$13,000,000 for Philadelphia, Pennsylvania, Schuykill
Valley metro project;
$3,000,000 for Philadelphia, Pennsylvania, Cross County
metro project;
$20,000,000 for Pittsburgh, Pennsylvania, stage II light
rail transit reconstruction project;
$2,500,000 for Scranton, Pennsylvania, rail service to New
York City project;
$2,500,000 for Wasilla, Alaska, alternate route project;
$1,000,000 for Ohio, Central Ohio North Corridor rail
(COTA) project;
$4,000,000 for Virginia, VRE station improvements project;
$50,000,000 for Twin Cities, Minnesota, Hiawatha Corridor
light rail transit project;
$70,000,000 for Portland, Oregon, Interstate MAX light rail
transit extension project;
$50,149,000 for San Juan, Tren Urbano project;
$10,296,000 for Alaska and Hawaii Ferry projects.
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, $41,993,000, of which $645,000
shall be derived from the Pipeline Safety Fund, and of which $5,434,000
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, 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,
$58,750,000, of which $11,472,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2003; of which $47,278,000 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.
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.
BUREAU OF TRANSPORTATION STATISTICS
Office of Airline Information
(airport and airway trust fund)
For necessary expenses of the Office of Airline Information, under
chapter 111 of title 49, United States Code, $3,760,000, to be derived
from the Airport and Airway Trust Fund as authorized by Section 103(b)
of Public Law 106-181.
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 Nati
2000
onal 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)
$70,000,000, 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 therefore, as authorized by law (5 U.S.C. 5901-5902).
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 98 political and Presidential
appointees in the Department of Transportation.
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. 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. (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. 309. (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 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
2000
Equity Act for 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 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 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. 310. 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. 311. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
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 the Santa
Barbara Traffic Separation Scheme and the San Francisco Traffic
Separation Scheme.
Sec. 313. 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. 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. The Secretary of Transportation shall, in cooperation
with the Federal Aviation Administrator, encourage a locally developed
and executed plan between the State of Illinois, the City of Chicago,
and affected communities for the purpose of modernizing O'Hare
International Airport, addressing traffic congestion along the
Northwest Corridor including western airport access, increasing
commercial air service at the Gary-Chicago Airport, increasing
commercial air service at the Greater Rockford Airport, preserving and
utilizing existing Chicago-area reliever and general aviation airports,
and moving forward with a third Chicago-area airport. If such a plan
cannot be developed and executed by said parties, the Secretary and the
Administrator shall work with Congress to enact a federal solution to
address the aviation capacity crisis in the Chicago area, including
northwest Indiana.
Sec. 316. 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. 317. 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. 318. 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. 319. Effective on the date of enactment of this Act, of the
funds made available under section 1101(a)(12) of Public Law 105-178,
as amended, $9,231,000 are rescinded.
Sec. 320. 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. 321. 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.
Sec. 322. 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. 323. Section 3030(a) of the T
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ransportation Equity Act for the
21st Century (Public Law 105-178) is amended by adding at the end, the
following line: ``Washington County--Wilsonville to Beaverton commuter
rail.''.
Sec. 324. Section 3030(b) of the Transportation Equity Act for the
21st Century (Public Law 105-178) is amended by adding at the end the
following: ``Detroit, Michigan Metropolitan Airport rail project.''.
Sec. 325. 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. 326. 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. 327. (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.--
(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. 328. Notwithstanding any other provision of law, the
Commandant of the United States Coast Guard shall maintain an onboard
staffing level at the Coast Guard Yard in Curtis Bay, Maryland of not
less than 530 full time equivalent civilian employees: Provided, That
the Commandant may reconfigure his vessel maintenance schedule and new
construction projects to maximize employment at the Coast Guard Yard.
Sec. 329. 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. 330. For necessary expenses of the Amtrak Reform Council
authorized under section 203 of Public Law 105-134, $420,000, to remain
available until September 30, 2003.
Sec. 331. In addition to amounts otherwise made available under
this Act, to enable the Secretary of Transportation to make grants for
surface transportation projects, $20,000,000, of which $4,000,000 shall
be only for the Charleston International Airport, South Carolina
parking facility project; $2,000,000 shall be only for the Caraway
Overpass Project in Jonesboro, Arkansas; $1,000,000 shall be only for
the Moorhead, Minnesota Southeast Main Rail relocation project;
$1,500,000 shall be only for the Interstate Route 295 and Commercial
Street connector in Portland, Maine; and $500,000 shall be only for the
Calais, Maine Downeast Heritage Center, access, parking, and pedestrian
improvements, to remain available until expended.
Sec. 332. Section 648 of title 14, United States Code, is amended
by striking the words ``or such similar Coast Guard industrial
establishments''; and inserting after the words ``Coast Guard Yard'':
``and other Coast Guard specialized facilities''. This paragraph is now
labeled ``(a)'' and a new paragraph ``(b)'' is added to read as
follows:
``(b) 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. 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. Amounts received under this subsection may be credited to
appropriate Coast Guard accounts for fiscal year 2002 and for each
fiscal year thereafter.''.
Sec. 333. None of the funds in this Act may be used to make a grant
unless the Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than three 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
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funds that are not available for obligation.
Sec. 334. Increase in Motor Carrier Funding. (a) In General.--
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-
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.
(b) Effect.--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. 335. 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. 336. 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. 337. Section 8335(a) of title 5, United States Code, is
amended by inserting the following before the period in the first
sentence: ``if the controller qualifies for an immediate annuity at
that time. If not eligible for an immediate annuity upon reaching age
56, the controller may work until the last day of the month in which
the controller becomes eligible for a retirement annuity unless the
Secretary determines that such action would compromise safety''.
Sec. 338. 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, 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 $15,000,000 designated for innovative grant funds under
Section 157 of Title 23, United States Code shall be used for national
television and radio advertising to support the national law
enforcement mobilizations conducted in all 50 states, aimed at
increasing safety belt and child safety seat use and controlling drunk
driving.
Sec. 339. Section 1023(h) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note) is amended--
(1) in the subsection heading, by inserting ``Over-the-Road
Buses and'' before ``Public''; and
(2) in paragraph (1), by striking ``to any vehicle which''
and inserting the following: ``to--
``(A) any over-the-road bus, as that term is
defined in section 301 of the Americans with
Disabilities Act of 1990 (42 U.S.C Sec. 12181); or
``(B) any vehicle that''.
Sec. 340. 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. 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. 341. 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. 342. Funds provided in this Act for the Transportation
Administrative Service Center (TASC) shall be reduced by $37,000,000,
which limits fiscal year 2002 TASC obligational authority for elements
of the Department of Transportation funded in this Act to no more than
$88,323,000: 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. 343. Safety of Cross-Border Trucking Between United States and
Mexico. 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--
(1) the Federal Motor Carrier Safety Administration--
(A) performs 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 carrier a
satisfactory rating before granting conditional and,
again, before granting permanent authority to any such
carrier;
(B) requires that any such safety compliance review
take place onsite at the Mexican motor carrier's
facilities;
(C) requires Federal and State inspectors to verify
electronically the status and validity of the li
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cense
of each driver of a Mexican motor carrier commercial
vehicle crossing the border;
(D) 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;
(E) requires--
(i) 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 Federal
inspectors, or by State inspectors whose
operations are funded in part or in whole by
Federal funds, 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, and
(ii) a Commercial Vehicle Safety Alliance
decal to be affixed to each such commercial
vehicle upon completion of the inspection
required by clause (i) or a re-inspection if
the vehicle has met the criteria for the Level
I inspection when no component parts were
hidden from view and no evidence of a defect
was present, and
(iii) 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;
(F) requires State inspectors who detect violations
of Federal motor carrier safety laws or regulations to
enforce them or notify Federal authorities of such
violations;
(G) equips all United States-Mexico border
crossings with Weigh-In-Motion (WIM) systems as well as
fixed scales suitable for enforcement action and
requires that inspectors verify by either means the
weight of each commercial vehicle entering the United
States at such a crossing;
(H) 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 and based in the United
States; and
(I) publishes in final form regulations--
(i) under section 210(b) of the Motor
Carrier Safety Improvement Act of 1999 (49
U.S.C. 31144 nt.) that establish minimum
requirements for motor carriers, including
foreign motor carriers, to ensure they are
knowledgeable about Federal safety standards,
that include the administration of a
proficiency examination;
(ii) 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;
(iii) under sections 218(a) and (b) of that
Act (49 U.S.C. 31133 nt.) establishing
standards for the determination of the
appropriate number of Federal and State motor
carrier inspectors for the United States-Mexico
border;
(iv) under section 219(d) of that Act (49
U.S.C. 14901 nt.) that prohibit 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;
(v) under section 219(a) of that Act (49
U.S.C. 14901 nt.) that prohibit foreign motor
carriers from operating in the United States
that is found to have operated illegally in the
United States; and
(vi) under which a commercial vehicle
operated by a Mexican motor carrier may not
enter the United States at a border crossing
unless an inspector is on duty; and
(2) the Department of Transportation Inspector General
certifies in writing 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 (B) 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 U.S. law enforcement
authorities to allow U.S. 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 e
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xist 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
(H) measures are in place in Mexico, similar to
those in place in the United States, to ensure the
effective enforcement and monitoring of license
revocation and licensing procedures.
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.
Sec. 344. 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. 345. Item 1348 of the table contained in section 1602 of the
Transportation Equity Act for the 21st Century (112 Stat. 306) is
amended by striking ``Extend West Douglas Road'' and inserting ``Second
Douglas Island Crossing''.
Sec. 346. Item 642 in the table contained in section 1602 of the
Transportation Equity Act for the 21st Century (112 Stat. 281),
relating to Washington, is amended by striking ``Construct passenger
ferry facility to serve Southworth, Seattle'' and inserting ``Passenger
only ferry to serve Kitsap County-Seattle''.
Item 1793 in section 1602 of the Transportation Equity Act for the
21st Century (112 Stat. 322), relating to Washington, is amended by
striking ``Southworth Seattle Ferry'' and inserting ``Passenger only
ferry to serve Kitsap County-Seattle''.
Sec. 347. 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. (a) Item 143 in the table under the heading ``Capital
Investment Grants'' in title I of the Department of Transportation and
Related Agencies Appropriations Act, 1999 (Public Law 105-277; 112
Stat. 2681-456) is amended by striking ``Northern New Mexico park and
ride facilities'' and inserting ``Northern New Mexico park and ride
facilities and State of New Mexico, Buses and Bus-Related Facilities''.
(b) Item 167 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 ``Northern New Mexico Transit Express/Park and
Ride buses'' and inserting ``Northern New Mexico park and ride
facilities and State of New Mexico, Buses and Bus-Related Facilities''.
Sec. 349. Beginning in fiscal year 2002 and thereafter,
notwithstanding 49 U.S.C. 41742, no essential air service subsidies
shall be provided to communities in the United States (except Alaska)
that are located fewer than 100 highway miles from the nearest large or
medium hub airport, or fewer than 70 highway miles from the nearest
small hub airport, or fewer than 50 highway miles from the nearest
airport providing scheduled service with jet aircraft; or that require
a rate of subsidy per passenger in excess of $200 unless such point is
greater than 210 miles from the nearest large or medium hub airport.
Sec. 350. (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 chemicals, and a very
small amount of high level radioactive material, is transported
along the Nation's highways, railways, and waterways each year.
(3) The volume of hazardous chemical 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 accidental releases of hazardous
chemicals 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.
(6) The poor condition of highway, railway, and waterway
infrastructure, increases in the volume of hazardous chemical
transport, and proposed increases in radioactive material
transport increase the risk of accidents involving such
chemicals and materials.
(7) Measuring the risks of hazardous chemical or
radioactive material accidents and preventing such accidents
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 chemical and
radioactive material transportation accidents requires skilled,
localized, and well-equipped emergency response personnel along
all specifically identified transportation routes.
(9) Accidents involving hazardous chemical 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 hazards and risks to public health and safety, the environment, and
the economy associated with the transportation of hazardous chemicals
and radioactive material.
(c) Matters To Be Addressed.--The study under subsection (b) shall
address the following matters:
(1) Whether the Federal Government conducts individualized
and detailed evaluations and inspections of the condition and
suit
2000
ability of specific transportation routes for the current,
and any anticipated or proposed, transport of hazardous
chemicals 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 chemical and radioactive material
transport.
(3) Whether Federal, State, and local emergency
preparedness personnel, emergency response personnel, and
medical personnel are adequately trained and equipped to
promptly respond to accidents along specific transportation
routes for current, anticipated, or proposed hazardous chemical
and radioactive material transport.
(4) The costs and time required to ensure that Federal,
State, and local emergency preparedness personnel, emergency
response personnel, and medical personnel are adequately
trained and equipped to promptly respond to accidents along
specific transportation routes for current, anticipated, or
proposed hazardous chemical and radioactive material transport.
(5) The availability of, or requirements to establish,
information collection and dissemination systems adequate to
provide the public, 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
chemicals and radioactive materials, including accidents
involving the transportation of such chemicals and materials by
those means.
(d) Deadline for Completion.--The study under subsection (b) shall
be completed not later than six 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. 351. (a) Of the funds appropriated by title I for the Federal
Railroad Administration under the heading ``Railroad Research and
Development'', up to $750,000 may be expended to pay 25 percent of the
total cost of a comprehensive study to assess existing problems in the
freight and passenger rail infrastructure in the vicinity of Baltimore,
Maryland, that the Secretary of Transportation shall carry out through
the Federal Railroad Administration in cooperation with, and with a
total amount of equal funding contributed by, Norfolk-Southern
Corporation, CSX Corporation, and the State of Maryland.
(b)(1) The study shall include an analysis of the condition, track,
and clearance limitations and efficiency of the existing tunnels,
bridges, and other railroad facilities owned or operated by CSX
Corporation, Amtrak, and Norfolk-Southern Corporation in the Baltimore
area.
(2) The study shall examine the benefits and costs of various
alternatives for reducing congestion and improving safety and
efficiency in the operations on the rail infrastructure in the vicinity
of Baltimore, including such alternatives for improving operations as
shared usage of track, and such alternatives for improving the rail
infrastructure as possible improvements to existing tunnels, bridges,
and other railroad facilities, or construction of new facilities.
(c) Not later than one year after the date of the enactment of this
Act, the Secretary shall submit a report on the results of the study to
Congress. The report shall include recommendations on the matters
described in subsection (b)(2).
Sec. 352. Priority Highway Projects, Georgia. In selecting projects
to carry out using funds apportioned under section 110 of title 23,
United States Code, the State of Georgia 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.
(2) Widening Abernathy Road from 2 to 4 lanes from Johnson
Ferry Road to Roswell Road.
Sec. 353. Safety Belt Use Law Requirements. 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. 354. Study of Mississippi River Bridge in Memphis, 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. 355. (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. 356. Section 41703 of title 49, United States Code, is amended
by adding at the end the following:
``(e) Air Cargo Via Alaska.--For purposes of subsection (c) of this
section, cargo taken on or off any aircraft at a place in Alaska in the
course of transportation of that cargo by one or more air carriers or
foreign air carriers in either direction between any place in the
United States and a place not in the United States shall not be deemed
to have broken its international journey, be taken on in, or be
destined for Alaska.''.
Sec. 357. Point Retreat Light Station, including all property under
lease as of June 1, 2000, is transferred to the Alaska Lighthouse
Association.
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:
(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. Noise Barriers, Georgia. 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); and
(2) on the west side of Interstate Route 285 from Henderson
Mill Road to Chamblee Tucker Road in DeKalb County, Georgia.
11a2
Sec. 360. The Secretary is directed to give priority consideration
to applications for airport improvement grants for the Addison Airport
in Addison, Texas, Pearson Airpark in Vancouver, Washington, Mobile
Regional Airport in Mobile, Alabama, Marks Airport in Mississippi,
Madison Airport in Mississippi, and Birmingham International Airport in
Birmingham, Alabama.
Sec. 361. Section 5117(b)(3) of the Transportation Equity Act for
the 21st Century (Public Law 105-178; 112 Stat. 449; 23 U.S.C. 502
note) is amended --
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (F), and (G), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Follow-on deployment.--(i) After an
intelligent transportation infrastructure system
deployed in an initial deployment area pursuant to a
contract entered into under the program under this
paragraph has received system acceptance, the original
contract that was competitively awarded by the
Department of Transportation for the deployment of the
system in that area shall be extended to provide for
the system to be deployed in the follow-on deployment
areas under the contract, using the same asset
ownership, maintenance, fixed price contract, and
revenue sharing model, and the same competitively
selected consortium leader, as were used for the
deployment in that initial deployment area under the
program.
``(ii) If any one of the follow-on deployment areas
does not commit, by July 1, 2002, to participate in the
deployment of the system under the contract, then, upon
application by any of the other follow-on deployment
areas that have committed by that date to participate
in the deployment of the system, the Secretary shall
supplement the funds made available for any of the
follow-on deployment areas submitting the applications
by using for that purpose the funds not used for
deployment of the system in the nonparticipating area.
Costs paid out of funds provided in such a
supplementation shall not be counted for the purpose of
the limitation on maximum cost set forth in
subparagraph (B).'';
(4) by inserting after subparagraph (D), as redesignated by
paragraph (1), the following new subparagraph (E):
``(E) Definitions.--In this paragraph:
``(i) The term `initial deployment area'
means a metropolitan area referred to in the
second sentence of subparagraph (A).
``(ii) The term `follow-on deployment
areas' means the metropolitan areas of
Baltimore, Birmingham, Boston, Chicago,
Cleveland, Dallas/Ft. Worth, Denver, Detroit,
Houston, Indianapolis, Las Vegas, Los Angeles,
Miami, New York/Northern New Jersey, Northern
Kentucky/Cincinnati, Oklahoma City, Orlando,
Philadelphia, Phoenix, Pittsburgh, Portland,
Providence, Salt Lake, San Diego, San
Francisco, St. Louis, Seattle, Tampa, and
Washington, District of Columbia.''; and
(5) in subparagraph (D), as redesignated by paragraph (1),
by striking ``subparagraph (D)'' and inserting ``subparagraph
(F)''.
This Act may be cited as the ``Department of Transportation and
Related Agencies Appropriations Act, 2002''.
Attest:
Secretary.
107th CONGRESS
1st Session
H. R. 2299
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