# Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002/Division B/Chapter 11
## CHAPTER 11
### DEPARTMENT OF TRANSPORTATION

Office of the Secretary
    Transportation Security Administration
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for the `Transportation Security Administration', $94,800,000, to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107-38: Provided, That $93,300,000 shall be for the Under Secretary of Transportation for Security to award competitive grants to critical national seaports to finance the costs of enhancing facility and operational security: Provided further, That such grants shall be awarded based on the need for security assessments and enhancements as determined by the Under Secretary of Transportation for Security, the Administrator of the Maritime Administration, and the Commandant of the U.S. Coast Guard: Provided further, That such grants shall not supplant funding already provided either by the ports or by any Federal entity: Provided further, That no more than $1,000,000 of the grant funds available under this heading shall be used for administration.
       PAYMENTS TO AIR CARRIERS
       (Airport and Airway Trust Fund)
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, in addition to funds made available from any other source to carry out the essential air service program under 49 U.S.C. 41731 through 41742, to be derived from the Airport and Airway Trust Fund, $50,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.
    Coast Guard
       OPERATING EXPENSES
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Operating Expenses', $209,150,000, to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107-38.
    Federal Aviation Administration
       OPERATIONS
       (Airport and Airway Trust Fund)
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Operations', $200,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107-38.
       FACILITIES AND EQUIPMENT
       (Airport and Airway Trust Fund)
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Facilities and Equipment', $108,500,000, to be derived from the Airport and Airway Trust Fund, to remain available until September 30, 2004, and to be obligated from amounts made available in Public Law 107-38.
       RESEARCH, ENGINEERING, AND DEVELOPMENT
       (Airport and Airway Trust Fund)
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Research, Engineering, and Development', $50,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until September 30, 2003, and to be obligated from amounts made available in Public Law 107-38.
       GRANTS-IN-AID FOR AIRPORTS
       (Airport and Airway Trust Fund)
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, notwithstanding any other provision of law, for `Grants-in-aid for airports', to enable the Federal Aviation Administrator to compensate airports for a portion of the direct costs associated with new, additional or revised security requirements imposed on airport operators by the Administrator on or after September 11, 2001, $175,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended, and to be obligated from amounts made available in Public Law 107-38.
    Federal Highway Administration
       MISCELLANEOUS APPROPRIATIONS
       (Highway Trust Fund)
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Miscellaneous Appropriations', including the operation and construction of ferries and ferry facilities, $100,000,000, to be derived from the Highway Trust Fund, to remain available until expended, and to be obligated from amounts made available in Public Law 107-38.
       FEDERAL-AID HIGHWAYS
       EMERGENCY RELIEF PROGRAM
       (Highway Trust Fund)
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for the `Emergency Relief Program', as authorized by section 125 of title 23, United States Code, $75,000,000, to be derived from the Highway Trust Fund and to remain available until expended, to be obligated from amounts made available in Public Law 107-38.
    Federal Railroad Administration
       SAFETY AND OPERATIONS
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Safety and Operations', $6,000,000, to remain available until expended, to be obligated from amounts made available in ]]Public Law 107-38]].
       CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for necessary expenses of capital improvements of the National Railroad Passenger Corporation as authorized by 49 U.S.C. 24104(a), $100,000,000, to remain available until expended, and to be obligated from amounts made available in Public Law 107-38.
    Federal Transit Administration
       FORMULA GRANTS
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Formula Grants', $23,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.
       CAPITAL INVESTMENT GRANTS
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Capital Investment Grants', $100,000,000, to remain available until expended, and to be obligated from amounts made available in Public Law 107-38: Provided, That in administering funds made available under this paragraph, the Federal Transit Administrator shall direct funds to those transit agencies most severely impacted by the terrorist attacks of September 11, 2001, excluding any transit agency receiving a Federal payment elsewhere in this Act: Provided further, That the provisions of 49 U.S.C. 5309(h) shall not apply to funds made available under this paragraph.
    Research and Special Programs Administration
       RESEARCH AND SPECIAL PROGRAMS
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Research and Special Programs,' $2,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.
    Office of Inspector General
       SALARIES AND EXPENSES
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States and for other safety and security related audit and monitoring responsibilities, for `Salaries and Expenses', $1,300,000, to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107-38.
RELATED AGENCY
    National Transportation Safety Board
       SALARIES AND EXPENSES
          For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Salaries and Expenses,' $650,000, to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107-38.

### GENERAL PROVISIONS, THIS CHAPTER
#### SEC. 1101.

    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 Department of Transportation has the authority to extend the original contract that was competitively awarded for the deployment of the system 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).';
          (3) 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
          (4) in subparagraph (D), as redesignated by paragraph (1), by striking `subparagraph (D)' and inserting `subparagraph (F)'.

#### SEC. 1102.

    No appropriated funds or revenues generated by the National Railroad Passenger Corporation may be used to implement section 204(c)(2) of Public Law 105-134 until the Congress has enacted an Amtrak reauthorization Act.

#### SEC. 1103.

    (a) Notwithstanding any other provision of law, of the funds authorized under section 110 of title 23, United States Code, for fiscal year 2002, no funds shall be available for the program authorized under section 1101(a)(11) of Public Law 105-178 and $29,542,304 shall be set aside for the project as authorized under title IV of the National Highway System Designation Act of 1995, as amended: Provided, That, if funds authorized under these provisions have been distributed then the amount so specified shall be recalled proportionally from those funds distributed to the States under section 110(b)(4)(A) and (B) of title 23, United States Code.
    (b) Notwithstanding any other provision of law, for fiscal year 2002, funds available for environmental streamlining activities under section 104(a)(1)(A) of title 23, United States Code, may include making grants to, or entering into contracts, cooperative agreements, and other transactions, with a Federal agency, State agency, local agency, authority, association, nonprofit or for-profit corporation, or institution of higher education.
    (c) Notwithstanding any other provision of law, of the funds authorized under section 110 of title 23, United States Code, for fiscal year 2002, and made available for the National motor carrier safety program, $5,896,000 shall be for State commercial driver's license program improvements.
    (d) Notwithstanding any other provision of law, of the funds authorized under section 110 of title 23, United States Code, for fiscal year 2002, and made available for border infrastructure improvements, up to $2,300,000 shall be made available to carry out section 1119(d) of the Transportation Equity Act for the 21st Century, as amended.

#### SEC. 1104.

    Notwithstanding any other provision of law, of the amounts appropriated in fiscal year 2002 for the Research and Special Programs Administration, $3,170,000 of funds provided for research and special programs shall remain available until September 30, 2004, and $22,786,000 of funds provided for the pipeline safety program derived from the pipeline safety fund shall remain available until September 30, 2004.

#### SEC. 1105.

    Item 1497 in the table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 312), relating to Alaska, is amended by inserting `and construct capital improvements to intermodal marine freight and passenger facilities and access thereto' before `in Anchorage'.

#### SEC. 1106.

    The Department of Transportation and Related Agencies Appropriations Act, 2002 is amended in section 330 by striking `$144,000,000' and inserting `$148,300,000' and in section 349 by striking `$5,000,000' and inserting `$9,300,000' and by striking `$120,323,000' and inserting `$116,023,000'.

#### SEC. 1107.

    Notwithstanding any other provision of law, none of the funds in the Department of Transportation and Related Agencies Appropriations Act, 2002 shall be available for salaries and expenses of more than 102 political and Presidential appointees in the Department of Transportation: Provided, That none of the funds in this Act, or any other Appropriations Act for fiscal year 2002, shall be available for the position of Under Secretary of Transportation for Policy or the position of Assistant Secretary for Public Affairs.

#### SEC. 1108.

    Section 1511(b) of the Transportation Equity Act for the 21st Century (Public Law 105-178), as amended, is amended by striking `Rhode Island' and inserting in lieu thereof `Rhode Island, and Texas' and by inserting before the period in subsection (b)(1)(A) `, provided that Texas may not compete for funds previously allocated or appropriated to any other State'.